Shaykh al-Islām—may Allah have mercy on him—said:

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If a man is alone with his wife, but she refuses to allow him intercourse and he does not have intercourse with her, her entitlement to the full dower does not become established. This is the position of Imam Ahmad—as reported by his followers, such as Judge Abū Ya‘lā, Abū al-Barakāt and others—and of the other three imams: Mālik, al-Shāfi‘ī and Abū Hanīfah. If she acknowledges that she did not allow him intercourse, they unanimously agree that her entitlement to the full dower does not become established. They also unanimously agree that he owes her no maintenance for as long as she remains in that state. If she dislikes him and prefers someone else, she is to secure her release from him by compensation.

He—may Allah have mercy on him—was asked:

An enslaved man married a Muslim woman, after which his enslaved status became known. He had declared that he was free and possessed wealth in Egypt. Claims have been brought against him under the written contract and in respect of marital rights, and he has borrowed something from his wife. Is he liable for anything or not?

Answer

He replied:

Praise be to Allah.

A slave’s marriage without his master’s permission, if the master does not approve it, is invalid by the consensus of the Muslims. It is reported in the Sunan collections that the Prophet, may Allah bless him and grant him peace, said:

“Any slave who marries without his masters’ permission is a fornicator.”

However, if the master approves it after the contract has been concluded, it is valid according to