his master and said:
“He is my master, who has treated me well,”
she lost hope of that and understood that he respected her husband’s rights and would never seek to take his wife from him. Even if, despite this, the husband were to consent to the sexual immorality and make his wife available, this would not make intercourse with her lawful, on account of Allah’s rights and the husband’s own rights as well. A person is not entitled to waive every right he possesses, nor does his waiver necessarily extinguish it. This applies only to what he is permitted to give freely: that which causes him no harm to give, such as surplus wealth or some benefit he provides.
As for what he is not entitled to give, his permission does not make it lawful. An example would be his saying to someone: “Teach me sorcery, disbelief, and soothsaying; I release you from any claim for leading me astray.” Or he might say: “Sell me into slavery and keep the price paid for me; I release you from any claim over that.”
Likewise, if he says, “Commit sexual immorality with me, my son, my wife, or my slave women,” his permission does not waive his rights in this matter, for he is not entitled to offer such things. It is well known that Allah punishes her for sexual immorality even if both consent to it. The point, however, is that this also involves a wrong against this person which his permission does not remove, just as he is wronged if someone makes him a disbeliever or a slave. Committing sexual immorality with him or his family causes him harm which he has no authority to permit, just like the harm he suffers through becoming a disbeliever.
It is as though he were to say to someone: “Deprive me of my sanity; I release you from any claim over that.” A person has no authority to surrender this; rather, he is forbidden to do so, just as someone lacking sound judgment is prevented from disposing of his wealth or waiving his rights. The same applies to an insane person and a minor: such people are placed under legal restrictions to protect their own rights.