What is the ruling when a husband offers a specific male slave ('abd) as Mahr and the wife claims the marriage contract was for a specific female slave ('amah), where the male slave's value equals or exceeds the customary Mahr (Mahr al-Mithl), but the female slave's value exceeds that?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The husband swears the oath, and the wife is entitled to the value of the male slave. This is because the husband's statement aligns with the apparent value (Mahr al-Mithl), and the exact male slave cannot be mandated into her possession since she rejects that specific object. The right established is the value corresponding to what aligns with the apparent contract.
Supporting text
If the female slave's value equals or is less than Mahr al-Mithl, and the male slave's value is less than that, the wife's assertion is accepted upon her oath. There are two opinions regarding whether the wife receives the specific female slave or her value. One view mandates the specific female slave because accepting her assertion regarding the amount necessitates accepting her assertion regarding the object. The second view mandates her value, as her assertion only aligned with the apparent value (the amount) and not the object itself.