What is the ruling when the condition is stated as: 'You are free at the time of my marriage to you,' and the dower exceeds the customary dower?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the declaration is 'You are free at the time of my marriage to you,' and the man marries and confirms a dower exceeding the customary dower, according to the first opinion, the manumission and the excess gift are considered equal. This is because the marriage is viewed as a reward (ja'alah) for executing the manumission, similar to the case of the manumission of Sa'd and Sa'eed. In this view, the invalidation of the excess gift does not invalidate the marriage or affect it.
Supporting text
According to the alternative view suggesting precedence, the manumission precedes the excess gift because the excess gift is only established upon the completion of the marriage, whereas the manumission occurs before the completion of the marriage, thus giving it precedence, especially given its strength and the fact that it benefits a non-heir.