the right to annul the marriage if her husband was free [prior to the emancipation].

Section: It is recommended for someone who has a male slave and a female slave who are married to each other, and [that person] intends to emancipate them, to begin with the male slave, so that the woman does not acquire an option over him, which would lead to the annulment of their marriage. Abu Dawud and al-Athram have related with their chains of narration from A'isha that she had a male slave and a female slave, and they were married, so she said to the Prophet (may Allah bless him and grant him peace): "I want to emancipate them." He said to her: "Begin with the man before the woman." It is related from Safiyya bint Abi Ubayd that she did that, and she said to the man: "I began with your emancipation so that she would not have an option over you."

Section: If an insane female slave or a minor female slave is emancipated, neither of them has an immediate option, because they lack intellect and no statement from them is considered valid. Their guardian does not possess the right to exercise the option on their behalf, because this [matter] is based on desire, and thus it does not fall under guardianship, similar to [the right of] retaliation. When the minor reaches puberty and the insane person regains her sanity, they both have the option at that time, because they have reached a state where each of them possesses legal capacity. This rule applies in the case where their husbands have a defect that warrants annulment. If their husbands have already consummated the marriage with them, the apparent meaning of al-Khiraqi’s statement is that they have no option, because the period for the option has lapsed. According to the Qadi and his companions, they do have the option, because they have no [legal] discretion, so their allowing consummation does not serve as evidence of consent, unlike the sane adult woman; furthermore, their husbands are not prevented from having relations with them.

1185 - Issue; he said: (If they belong to two different people, and one of them emancipates her, she has no option if the emancipator is insolvent.)