What is the legal ruling on a statement: 'If I marry, my slave is free,' when the marriage occurs during illness for a dower exceeding the customary dower (mahr al-mithl)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person states, 'If I marry, my slave is free,' and then marries during his illness, paying a dower exceeding the customary dower, the excess amount (muhabah) is considered a valid gift but is restricted by the one-third limit (as part of a bequest). If the excess amount alone exceeds the one-third limit, or if the slave's freedom alone exceeds it, the excess gift takes precedence over the manumission. This is because the obligation for the gift arose before the manumission, as the marriage was a prerequisite for the manumission, thus the gift is considered to have preceded the manumission.
Supporting text
There is an alternative view suggesting parity between the excess gift and the manumission, because the marriage serves as the cause for establishing the excess gift, and as a condition for the manumission; thus, neither can chronologically precede the other, making them equal. Furthermore, there are two conflicting narrations concerning whether the manumission precedes the excess gift.