فِي رَجُلٍ كَاتَبَ عَلَى نَفْسِهِ وَ مَالِهِ وَ لَهُ أَمَةٌ وَ قَدْ شُرِطَ عَلَيْهِ أَنْ لَا يَتَزَوَّجَ فَأَعْتَقَ الْأَمَةَ وَ تَزَوَّجَهَا فَقَالَ لَا يَصْلُحُ لَهُ أَنْ يُحْدِثَ فِي مَالِهِ إِلَّا الْأَكْلَةَ مِنَ الطَّعَامِ وَ نِكَاحُهُ فَاسِدٌ مَرْدُودٌ قِيلَ فَإِنَّ سَيِّدَهُ عَلِمَ بِنِكَاحِهِ وَ لَمْ يَقُلْ شَيْئاً قَالَ إِذَا صَمَتَ حِينَ يَعْلَمُ بِذَلِكَ فَقَدْ أَقَرَّ قِيلَ فَإِنَّ الْمُكَاتَبَ عَتَقَ أَ فَتَرَى أَنْ يُجَدِّدَ نِكَاحَهُ أَوْ يَمْضِيَ عَلَى النِّكَاحِ الْأَوَّلِ قَالَ يَمْضِي عَلَى نِكَاحِهِ .
Translation
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Muawiya Bin Wahab, (It has been narrated) from Abu Abdullah<sup>asws</sup> having said regarding a man who contracted upon himself and upon his wealth, and for him was a slave girl, and there had been stipulated upon him that he would not get married. So he emancipated the slave girl and married her’. So he<sup>asws</sup> said: ‘It is not correct for him that he innovates in his wealth, except for the eating from the foodstuff, and his marriage is void, repudiated’. It was said, ‘Supposing his master knew of his marriage and did not say anything?’ He<sup>asws</sup> said: ‘When he was silent when he came to know of that, so he has accepted’. It was said, ‘Supposing the contractors emancipate, do you<sup>asws</sup> view that he should renew his marriage, or remain upon the first marriage?’ He<sup>asws</sup> said: ‘He remains upon his marriage’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.