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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 386Section

Translation · EN

Chapter: If we accept his confession of servitude after his marriage, it must be determined whether he is male or female. If he is male, and it was before consummation, his marriage is void in relation to him, because he is one who confesses that he is a slave who married without the permission of his master. The wife is entitled to half of the dowry from him, because it is a right against him, and it does not lapse by his statement. If it was after consummation, his marriage is also void, and she is entitled to the full dowry from him, for the reason we have mentioned, and because the husband possesses the right of divorce. Therefore, if he confesses to something that necessitates separation, it becomes binding upon him, and his child is free, following the status of his mother. If he was married to a slave woman, his child belongs to her master, and the dowry attaches to his person, because that is among his offenses, and his master may ransom him or hand him over. If he possesses earnings in his hand, the dowry shall be satisfied from it, because his confession to it was not established for his master in relation to his wife, so her right in it is not severed by his confession. If we say: His statement is accepted in all legal rulings, then the marriage is void because he married without the permission of his master, and they shall be separated. She has no dowry from him if he did not consummate the marriage with her, but if he did consummate it, she is entitled to the full specified dowry from him, according to one of the two narrations, or two-fifths of it according to the other.

If the foundling is female, then the marriage is valid in relation to her. If it was before consummation, she has no dowry, because of her confession of the invalidity of her marriage and that she is a slave who married without the permission of her master, and the invalid marriage does not necessitate a dowry except upon consummation. If he did consummate the marriage with her, her dowry does not lapse, and her master is entitled to the lesser of the specified dowry or the customary dowry (mahr al-mithl), because if the specified amount is less, the husband denies the obligation of anything in excess of it, and her statement is not accepted against him. If the lesser amount is the customary dowry, then she and her master are confessing to the invalidity of the marriage and that the obligation is the customary dowry, so no more than that is required, unless it is according to the narration where the specified dowry is required in an invalid marriage, in which case the specified amount is required here, whether it be small or large, due to the husband's acknowledgement of its obligation. As for the children, they are free, and their value is not required; because if it were required, it would be by her statement, and no right against another person is established by her statement, nor is servitude established in relation to her children by her confession. As for the continuation of the marriage, it is said to the husband: It has been established that she is a slave and her child is a bondservant to her master; if you choose to remain in this state, then do so, and if you wish, separate from her. This is regardless of whether he is someone for whom marrying slave women is permissible or not; because if we were to consider that and invalidate his marriage, it would be an invalidation of the entire contract by her statement, since the conditions for marrying a slave woman are not considered in the continuation of the contract, but only in its initiation. If it is said: You have accepted her statement that she is a slave in the

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