Divorce Section · 19 – Annulment of the marriage of a female slave who gains her freedom while married to a free or enslaved man.
It is narrated from Ibn ‘Abbas, may Allah be pleased with him:
Mughis was a slave. He said to the Messenger of Allah, peace and blessings be upon him: “My wife (Berirah) refuses to return to me.” The Messenger of Allah, peace and blessings be upon him, said: "O Berirah, fear Allah concerning [the matter of] your husband and the father of your child." Berirah said: "O Messenger of Allah, peace and blessings be upon him, are you ordering me to do this?" The Messenger of Allah, peace and blessings be upon him, replied: “No, I am not ordering you; rather, I am interceding for him.”
Mughis’s tears flowed down his cheeks.
The Messenger of Allah, peace and blessings be upon him, said to (his uncle) ‘Abbas: "Are you not amazed at Mughis's excessive love for Berirah and Berirah's hatred towards him?" [192]
It is narrated from Ibn Abbas, may Allah be pleased with him:
Berira's husband was a black slave named Mughis. The Messenger of Allah, peace and blessings be upon him, gave Berira the option (between returning to her husband and divorce) and ordered her to observe ‘iddah.
Aisha (may Allah be pleased with her) narrated: The husband of Berira was a slave. The Messenger of Allah (ﷺ) granted Berira the option of divorce from her husband. She chose for herself. Had her husband been free, the Messenger of Allah (ﷺ) would not have given her the option.
Aisha (may Allah be pleased with her) related:
The husband of Barira (may Allah be pleased with her) was a slave. The Messenger of Allah (peace and blessings upon him) granted Barira the option [of divorce].