subject to doubt, and therefore it remains on the original ruling, just as if he had granted him permission (19) to divorce his wife (20); he would not be permitted to divorce more than one. This is because anything beyond one woman potentially remains unintended, thus it remains under the original state of prohibition, just as if one were in doubt: did he grant him permission or not?

Section: The mukatab (a slave in a contract of manumission) is like an absolute slave (qinn); he may not marry or practice concubinage except with the permission of his master, because that constitutes wasting the wealth which is in his possession. The Prophet, peace and blessings be upon him, said: "The mukatab is a slave as long as a dirham remains owed by him" (21). As for a slave who is partially emancipated, when he owns a slave girl by virtue of his free portion, his ownership is complete, and he may have sexual intercourse with her without the permission of his master, due to His saying, the Almighty: {or those your right hands possess} (22). Furthermore, because his ownership over her is complete, he has the authority to dispose of her as he wishes without the master's permission, and likewise regarding sexual intercourse. The portion of bondage in him does not prevent him from exercising what he owns, just as he has the right to dispose of and consume what he owns through his free half. Al-Qadi said: His ruling is that of an absolute slave, and this is explicitly stated by al-Shafi'i. Some of his [al-Shafi'i's] companions held the same view as we do. Those who prohibited it argued that he cannot perform sexual intercourse with his free portion alone, and for this reason (23) we prevented him from marrying until his master grants him permission. Our argument is that his master has no right over her, and the master suffers no harm by his enjoying her, therefore his permission is not required for it (24), just like employing her. As for marriage, legal rights are attached to it that involve his entire person, so the master's consent is considered, in order for him to be satisfied with the attachment of a right to his property, unlike our case, for the right is for him [the slave] and not against him. As for if the master grants him permission (26) for it, it is permitted, except according to those who prohibit (27) a slave from practicing concubinage; for he is like an absolute slave according to their view.