Section: The master does not have the right to compel his slave woman to marry one who has a defect (ma'ib) that warrants annulment in marriage, because it affects enjoyment (istimta'), and that is her right. For this reason, she possesses the right of annulment due to castration (jabb), impotence (unnah), and the slave's refusal, unlike the master. This differs from selling her to a person with a defect, because she is not intended for enjoyment, and for this reason, he possesses the right to purchase a slave woman who is forbidden to him. The slave woman does not possess the right of annulment due to his [the master's] defect, his impotence, or his oath of continence (ila'). If he marries her to one with a defect, is it valid? There are two views. If we say it is valid, she has the right of annulment. If she is a minor, does he have the right of annulment immediately, or does he wait for her to reach puberty? There are two views. The school of al-Shafi'i is the same as this in this entire section.

1126 - Issue: He said: "And whoever marries off his slave while he is unwilling, it is not permissible, unless he is a minor."

The discussion on this issue is in two sections:

One of them: That the master does not have the right to compel his adult, sane slave to marry. This is one of the two opinions held by al-Shafi'i. Malik and Abu Hanifah said: He has that right, due to the saying of Allah the Almighty: {And marry the unmarried [among you] and the righteous among your male slaves and female slaves} [Quran 24:32]. Also, because he owns his person, so he possesses the right to compel him to marry, like the slave woman; and because he owns his labor (ijarah), so he resembles the slave woman. Our position is that he is legally responsible (mukallaf) and possesses the right to pronounce divorce, so he cannot be compelled to marry, like a free man. Furthermore, marriage is his exclusive right, and its benefit is for him, so he resembles a free man. The command to marry him off is specific to the condition of his request, as evidenced by its coordination with the "unmarried" (al-ayami); and they are only married off when they request it. The requirement (muqtada) of the command is obligation, and the marriage is only obligatory upon his request. As for the slave woman, he owns the benefits of her private parts and the enjoyment of her, unlike the slave. Marriage differs from labor (ijarah), because it is...