LessonsFive Grounds for Departing from Literal MeaningQuiz

ولو تزوّج المكاتب بنت مولاه، ثم مات المولى، وورثته البنت لم يفسد النكاح
If a mukātab marries his master’s daughter, and she later inherits from her father, the marriage is not invalidated in this example.

Ordinary complete ownership can produce particular consequences for marriage. A mukātab, however, is not fully owned in every relevant legal respect. His qualified status means that the later inheritance does not automatically trigger the rule that would apply to complete ownership.

The point is not merely that the person bears a distinct name. The legally restricted incidents of ownership produce a different result even though the general word ‘owned’ might be used.

This case reinforces the method of interpreting legal terms together with the exact status and capacity of the subject, rather than extending general words mechanically.

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A mukātab’s marriage and inheritance

Five Grounds for Departing from Literal Meaning

ولو تزوّج المكاتب بنت مولاه، ثم مات المولى، وورثته البنت لم يفسد النكاح
If a mukātab marries his master’s daughter, and she later inherits from her father, the marriage is not invalidated in this example.

Ordinary complete ownership can produce particular consequences for marriage. A mukātab, however, is not fully owned in every relevant legal respect. His qualified status means that the later inheritance does not automatically trigger the rule that would apply to complete ownership.

The point is not merely that the person bears a distinct name. The legally restricted incidents of ownership produce a different result even though the general word ‘owned’ might be used.

This case reinforces the method of interpreting legal terms together with the exact status and capacity of the subject, rather than extending general words mechanically.