Section: If he marries a woman believing her to be free, and she turns out to be a slave, or he believes her to be Muslim and she turns out to be a disbeliever, or a woman marries a slave thinking he is free, they have the option [to annul the marriage], just as if they had stipulated that condition. Ahmad explicitly stated this regarding a woman who married a slave thinking he was free, stating she has the option. Al-Shafi'i said regarding the slave: he has no option. Regarding the disbeliever: he has the option. Some others said: both are two conflicting opinions. Our position is that some [forms of] slavery are of greater harm, for it affects the status of his offspring and prevents complete enjoyment of her, so he has the option, just as if she were a disbeliever.

Section: If he stipulates that she is a slave and she turns out to be free, or of [high] lineage and she turns out to be more noble than him, or [stipulates] a lowly quality and she turns out to be better than his stipulation, or [stipulates] she is a disbeliever and she turns out to be Muslim, he has no option in these cases because it is an improvement [for him]. Abu Bakr said: He has the option if she turns out to be Muslim because he may have an objective in the non-obligation of acts of worship. The former view is more appropriate.

Section: In every instance where he has the option and he annuls the marriage before consummation, he owes no dower. If he annuls it after consummation and the deception was by the one entitled to the dower, he also owes nothing. If it was from someone else, he owes the dower; he pays it and then seeks recourse for it from the deceiver. If the deception was by her guardians, he seeks recourse from them. If some of them knew, it is possible that he may seek recourse from him alone, because he is the deceiver, and it is possible that he may seek recourse from all of them, because the rights of individuals are the same in cases of intent and oversight.

1134 - Issue: He said: "And if he says: 'I have made the manumission of my slave-girl her dower' in the presence of two witnesses, then the manumission and the marriage are established. And if he says: 'I call you to witness that I have manumitted her and made her manumission her dower,' the manumission and the marriage are also established, whether the manumission preceded or followed the marriage..."