Yusuf. Al-Hasan ibn Salih said: He has the right to do so, for it is a contract of exchange, resembling a sale. Our evidence is the statement of the Prophet (peace be upon him): "Any slave who marries without the permission of his masters is a fornicator" (1). Furthermore, the master incurs harm in this, for he might become incapacitated, in which case he returns to him with diminished value, and he would need to pay the dower and maintenance from his earnings, thus becoming unable to perform his installments. Therefore, he is prevented from this, just as he is prevented from giving charity. Once this is established, if he does marry, the marriage is not valid. Al-Thawri said: His marriage is suspended; if he fulfills [the contract], it becomes clear that it was valid, and if he becomes incapacitated, his marriage is void. Our evidence is the tradition, and the fact that it is a transaction from which he is prohibited (2) due to harm; therefore, it is invalid, like a gift. What he mentioned has no basis. Once this is established, they are separated. If it is before consummation, she has no dower. If it is after, he owes her the dower of her like, to be paid from his earnings, as it is in the position of his injury. If she produces a child, his lineage is attached to him because it is from an act of intercourse in an invalid marriage. If the woman is free, the child is free; if she is a slave, her child is a slave to her master. As for if he [her master] permitted him [in the marriage, it is valid according to all of their views; for the tradition indicates by its implication the validity of his marriage if he gives him permission] (3), and because the prohibition of his marriage is for the right of his master, so if he permits him, the impediment is removed. Furthermore, if he were to permit his full slave to marry, it would be valid from him, so the mukatab is more entitled.

Section: He does not have the right to take a concubine without the permission of his master because (4) his ownership is not complete. Al-Zuhri said: It is not appropriate for his family to prevent him from taking a concubine. Our evidence is that his ownership is deficient, and the master incurs harm in this, so he is prevented from it, like marriage. The explanation of the harm therein is that he might impregnate her, and pregnancy is feared in daughters of Adam; perhaps she might perish, or perhaps she might give birth, and she would become an umm al-walad (mother of a child). Thus, he is prevented (5) from selling her to fulfill his kitaba, and if he becomes incapacitated (7), she would return to the master with diminished value. Since he is prevented from marriage due to its harm, this is more appropriate.