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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 456Section

Translation · EN

before consummation, or she performs an act by which her marriage is annulled, such as if she breastfeeds a minor wife of his, or something similar, her marriage is annulled, and she owes the value of her own self.

Section: If he says to his slave-woman, "I have manumitted you on the condition that you marry me, and your manumission shall be your dower," or he does not say, "and your manumission shall be your dower," and she accepts, she is manumitted, but it is not binding upon her to marry him. This is because it is a salam (forward sale/contract) regarding marriage, so it is not binding upon her, just as if one were to provide a free woman with a thousand [dirhams] on the condition that he marries her. Furthermore, she has waived her right of option before its cause has come into existence, so it does not lapse, similar to a shafi' (person with right of preemption) who waives his right of preemption before the sale. She is, however, liable for the value of her own self. Ahmad alluded to this in the narration of Abdullah. This is the school of al-Shafi'i, because he relinquished his ownership of her on the condition of a consideration that was not delivered to him, so he is entitled to reclaim its value, like a corrupt sale when the merchandise is lost in the hands of the purchaser, or a corrupt marriage if consummation occurs. It is possible that she is not liable for anything, based on the case where he says to his slave, "I have manumitted you on the condition that you give me a thousand." This is the opinion of Malik and Zufar, because this is not the wording of a condition; thus, it resembles the case where he says, "I have manumitted you, and marry me." The value is determined at the time of manumission, and he demands it from her immediately if she is capable of paying it. If she is insolvent, is she to be deferred until she is able, or is she to be compelled to earn? There are two views, the root of which lies in the bankrupt person: is he to be compelled to earn [a living]? There are two narrations [regarding this].

Section: If the master and his slave-woman agree that he shall manumit her and she shall marry him, and he marries her on that basis, it is valid, and she has no dowry other than what was stipulated as the manumission. Abu Yusuf held this opinion. Abu Hanifah and al-Shafi'i said: The manumission does not count as a dower; however, if he marries her for the value that he has as a debt against her, and both are aware of the value, the dower is valid. Our evidence is that manumission served as a dower in the case of the Prophet (peace and blessings of Allah be upon him),

Notes

(21) In B: "the marriage". (22) In A and M, there is an addition: "was". (23) Omitted from the original manuscript. (24) Omitted in M: "two narrations".

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