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The question

What is the ruling on a slave marrying a free woman, with or without the guardian's consent, or with only the woman's consent? And what are the conditions for applying the word "slave" to a human being in the current era, especially with the presence of those who say, "we inherited them"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Hanafis, Shafi'is, and the sound opinion among the Hanbalis hold that freedom is a condition for kafa'ah (suitability/equality in marriage), so a slave cannot be suitable for a free woman. They base their argument on the Hadith of Barirah. The Malikis differed on this matter; some of them permitted it, while others favored the view that a slave is not suitable for a free woman. Slavery is a legal disability caused by disbelief (kufr), and the original state of a human being is freedom.

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Ftawy
Original fatwa ID
75154
Imported
Translation status
Source text, unreviewed
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