What is the legal consequence when a seller states, 'I sold you my female slave,' and the buyer replies, 'Rather, you married me to her'?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the dispute occurs after the seller admits receipt of the price and before consummation or after consummation, and the seller admits receipt of the price, the seller is deemed to have acknowledged the marriage claim. This is because the buyer is claiming a right (marriage), while the seller denies ownership and asserts the permissibility of the relationship through marriage. The validity of the marriage is established due to their agreement on the permissibility, and the slave is not returned to the seller because both parties agree that the seller has no right to reclaim her.