Title: Kitaabun-Nikaah (The Book of Marriage) from Shaikh Saalih al-Fawzaan’s explanation of Buloogh al-Maraam min Adillatil-Ahkaam of Al-Haafidh Ahmad Ibn `Alee Ibn Hajr al-Asqalaanee (Born 773H, Died 852H). Shaikh Al-Fawzaan’s tremendous explanation is entitled Tas-heel al-Ilmaam bi-fiqhil-Ahaadeeth min Bulooghil-Maraam and is printed in seven volumes. The following is a translation of this important and very enlightening chapter, adapted in places for brevity and simplicity. The following is from volume 4, no. 990 (Eng. 843)
Al-Haafidh Ibn Hajr (rahimahullaah) said:
990: Narrated Jaabir (radiyallaahu ‘anhu): Allaah’s Messenger (salallaahu ‘alaihi wassallam) said:
“Any servant who marries without the permission of his master or his people is a fornicator.”
Ibn Hajr said: Reported by Ahmad, Abu Daawud, An-Nasaa’ee, At-Tirmidhee who authenticated it, likewise Ibn Hibbaan.
Shaikh Fawzaan (footnote): Ahmad, no. 14212. Abu Daawud, no. 2078. At-Tirmidhī, no. 111. It is not reported by An-Nasaa’ee nor Ibn Hibbaan. Al-Haafidh (Ibn Hajr) himself did not in “It-haaf al-Mahrah” (3/215) ascribe it/give it support to Ibn Hibbaan. Its chain of narration is weak.
Shaikh Saalih al-Fawzaan (hafidhahullaah) said:
This also is an invalid marriage, that an owned (enslaved) person should marry without the permission of his master. That is because the owned person belongs to his master. So it is not permitted for him to marry, or to sell, or to buy, or to exchange a thing except with the permission of his master. And if he were to marry without the permission of his master, then the marriage would be invalid – and if he were to marry with the permission of his master, then the marriage is valid.