He said: "This hadith is munkar (denounced)." It was also narrated from Ibn Umar, in mawquf form, as one of his own statements. Furthermore, it is a marriage that lacks its prerequisite, so it is not valid, just as if he had married her without witnesses.

1131 - Issue: He said: "If he has consummated the marriage with her, then the master owes one-fifth of the dower, as Uthman ibn Affan (may Allah be pleased with him) said, unless the two-fifths exceed its value, in which case his master is not liable for more than its value, or he hands him over [to the woman]."

There are five sections in this issue:

First: Regarding the obligation of the dower, there are two states for it. One is that he has not consummated the marriage with her; in this case, she is entitled to no dower, because it is an invalid contract, so it does not necessitate anything by its mere existence, like an invalid sale. Such is the case with all invalid marriages; they do not necessitate anything by their mere existence. The second state is that he has intercourse with her; the correct view in the school is that the dower becomes obligatory. A group narrated this from him. Hanbal narrated from him that she has no dower if the slave marries without the permission of his master. This can be interpreted as referring to the state before consummation, thus being consistent with the narration of the group, and it can be interpreted in its general sense as meaning the absence of a dowry. This is the view of Ibn Umar. Al-Athram narrated from Nafi' that he said: Whenever a slave of Ibn Umar would marry without his permission, he would lash him with the prescribed punishment and say to the woman: "You have made your private parts lawful [for him]," and he would invalidate her dower. Its reasoning is that he had intercourse with a consenting woman outside of a valid marriage, so no dower is necessitated by it, like one who consents to adultery. Al-Qadi said: This applies if they were both aware of the prohibition; as for if the woman was ignorant of that, she is entitled to the dower, because it does not fall short of the status of intercourse based on a misconception.