What is the ruling regarding the marriage contract of a man who frees his only slave woman and then marries her, provided he has no other assets?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The marriage contract is initially valid in appearance. However, upon his death without other assets, the marriage is ruled void. If no consummation occurred prior to death, her dowry is nullified. This is the position held by Abu Hanifa and Al-Shafi'i. In this scenario, one-third of her is manumitted, and two-thirds remain enslaved. If consummation occurred and the dowry was half her value, three-sevenths of her is manumitted, and four-sevenths remain enslaved. The calculation establishes a division where three parts favor her freedom and four parts favor the heirs based on the value adjustments involving the dowry. Alternatively, the heirs may pay her two-sevenths share of the dowry, resulting in two-sevenths manumission and five-sevenths remaining enslaved. This calculation is attributed to Al-Shafi'i.
Supporting text
Abu Hanifa's view differs: her dowry is calculated from her value, and she is manumitted by one-third of the remainder, while she must redeem the remaining portion, which is one-third of her value.