Marriage Section · 17 – A slave cannot marry without their master's permission.
Jabir (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: "Any slave who marries without the permission of his master is a fornicator."
EXPLANATION:
Ahır: Means one who commits zina, a fornicator. According to the Hanafi and Maliki schools of thought, the marriage of a slave is dependent on the permission of his master. It is permissible if the master gives permission, and invalid if he does not. According to Awza’i, Shafi'i, and Ahmad ibn Hanbal, the marriage performed by a slave without permission is null from the moment it occurs and does not become valid until the guardian (wali) grants permission.
According to the narration of Ibn Umar (may Allah be pleased with him), the Messenger of Allah (peace and blessings upon him) said: "If a slave marries without the permission of his master, then that marriage is nullified."