What is the ruling if a man frees his only slave woman, marries her, and possesses assets equal to twice her value, without prior consummation?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the man possessed assets equal to twice her value, she is entirely manumitted, and her marriage is valid. This is because her manumission is covered within the one-third allowance from the estate. If she waives her dowry, her manumission and marriage are effective. If she refuses to waive the dowry, her manumission is not enforced, and the marriage is void.
Supporting text
If she refuses to waive the dowry and consummation had not occurred, her manumission and marriage should be upheld, and she forfeits the dowry, as enforcing the dowry leads to nullifying both the manumission and the marriage, and nullifying the dowry alone is preferable. If consummation had occurred, six-sevenths of her is manumitted, she receives six-sevenths of her dowry, and one-seventh of her manumission and marriage are voided. The ruling is the same if he manumitted her and consummated the relationship without marriage.