855 – Jabir (may Allah be pleased with him) reported that the Messenger of Allah (peace and blessings be upon him) said: “Any slave who marries without the permission of his masters or his people is a fornicator.” Reported by Ahmad, Abu Dawud, and al-Tirmidhi—who declared it sound—and likewise by Ibn Hibban. (1)
Hadith grading
The report is ḥasan (good).
In At-Talkhīṣ it is noted that Ahmad, Abu Dawud, and al-Tirmidhi transmitted it, al-Tirmidhi graded it ḥasan, and al-Hakim declared it ṣaḥīḥ on the authority of Ibn ʿAqil from Jabir, with al-Dhahabi concurring. Ibn Majah also narrated it through Ibn ʿAqil from Ibn ʿUmar.
Al-Tirmidhi said, “It is not authentic except through Jabir,” yet he still ruled it sound through another chain from Ibn ʿAqil on Jabir’s authority.
A corroborating narration was recorded by Abu Dawud from al-ʿUmari, from Nafiʿ, from Ibn ʿUmar; he regarded that chain as weak and preferred to treat it as mawqūf (suspended) on Ibn ʿUmar. Al-Daraqutni likewise judged it mawqūf on Ibn ʿUmar.
Vocabulary of the hadith
• ʿabd: a slave.
• mawālīhi: his masters to whom he is still enslaved.
• ʿāhir: one who commits fornication or adultery; plural ʿuhhār (masc.). The feminine is ʿāhira; plurals ʿawāhir or ʿāhirāt.
Points derived from the hadith
1 – A slave holds a lower legal status than a free person; among the consequences is that he does not independently own property, and even if money is given to him