possession of her, the marriage is dissolved, preceding her emancipation. The ruling for the mukatab (slave under a contract of manumission) who marries the daughter of his master or mistress is the same as the ruling for a slave, in that if his master dies, his marriage is dissolved. The proponents of ra'y (reasoned opinion) said: The marriage remains as it is, because she did not gain ownership of him; rather, she merely has a debt against him. This is not correct, for the Prophet (peace and blessings of Allah be upon him) said: "The mukatab is a slave as long as a single dirham remains against him." Furthermore, if the ownership were to cease concerning him, it would not return upon his insolvency, just as if he were emancipated.

Section: If a woman takes possession of her husband or part of him, her marriage is dissolved, and this is not a divorce (talaq). Therefore, whenever she emancipates him and then marries him, it is not counted as a divorce against him. [This is the view of al-Hakam, Hammad, Malik, al-Shafi'i, Ibn al-Mundhir, and Ishaq. Al-Hasan, al-Zuhri, Qatada, and al-Awza'i said: It is a divorce.] This is not correct because he did not utter an explicit or implicit word of divorce; rather, the marriage was dissolved due to the presence of a factor that contradicts it, so it is similar to its dissolution by the conversion of one of them to Islam or his apostasy. If a man takes possession of part of his wife, her marriage is dissolved and having sexual intercourse with her becomes forbidden, according to the opinion of the majority of muftis, until he takes full possession of her, at which point she becomes lawful to him through the right of possession (milk al-yamin). It is narrated from Qatada that he said: His ownership of her only increases her closeness to him. This is not correct because the marriage does not remain in the part he owns, his ownership of her is not complete, and lawfulness is not established in that which he does not own and in which there is no marriage.

Section: It is not permissible for a man to have sexual intercourse with his son's slave girl because Allah the Almighty said: "Except from their wives or those their right hands possess." She is not a wife to him, nor is she his slave, and because it is permissible for his son...