as long as a dinar of it remains. It was narrated by Sa'id in his "Sunan" (43). From Anas, that the Prophet - peace and blessings of Allah be upon him - brought to Fatimah a slave (44) he had gifted to her, and Fatimah was wearing a garment such that if she covered her head with it, it would not reach her feet, and if she covered her feet with it, it would not reach her head. When the Messenger of Allah - peace and blessings of Allah be upon him - saw what she was experiencing, he said: "There is no harm upon you; he is only your father and your servant." Narrated by Abu Dawud (45). Abu Abd Allah (Ahmad ibn Hanbal) disliked that he (the slave) should look at the hair of his mistress. This is the opinion of Sa'id ibn al-Musayyib, Tawus, Mujahid, and al-Hasan. Ibn Abbas permitted it for him, due to the two verses and the reports (46) we mentioned; and because Allah the Exalted said: {Let those whom your right hands possess and those among you who have not reached puberty ask your permission three times} up to His saying: {There is no blame on you or on them beyond these, for they are attendants upon you, some of you to others} (47). Furthermore, it is difficult to exercise precaution against him, so it was permitted for him, like one's unmarriageable kin (mahram). The companions of al-Shafi'i said: He is a mahram, and his ruling is the ruling of unmarriageable kin among relatives, according to one of the two perspectives, based on the evidence we mentioned, and because he is prohibited to her, so he is a mahram like relatives. Our position is based on what Ibn Umar narrated, saying: The Messenger of Allah - peace and blessings of Allah be upon him - said: "A woman's travel with her slave is a loss (unprotected)." Narrated by Sa'id (48). Moreover, she is never permanently prohibited to him, and it is not permissible for him to enjoy her, so he is not a mahram like her sister's husband. Also, he is not considered trustworthy regarding her, as there is no aversion of kinship (maharimiyyah) between them (49), and the bond of ownership does not necessitate a natural aversion, as evidenced by the master with his slave-woman. Only what is necessitated by need is permitted for him to look at, such as a witness, a buyer, and the like. Some of our companions treated him like a stranger, for the reason we mentioned. The correct position is what we have stated, if Allah the Exalted wills.
(43) We did not find it in what is available to us of Sunan Sa'id ibn Mansur. It was recorded by al-Bayhaqi in: The Chapter on the Mukatab being a servant as long as a dirham of it remains, from the Book of al-Mukatab. Al-Sunan al-Kubra 1/325. (44) In B: "and he had". (45) In: The Chapter on the slave looking at the hair of his mistress, from the Book of Clothing. Sunan Abi Dawud 2/383. (46) In M: "and the two hadiths". (47) Surah al-Nur 58. (48) Al-Haythami cited it in: The Chapter on the travel of women, from the Book of Hajj. Majma' al-Zawa'id 3/214. (49) In the original: "al-Hurmiyyah".
