What is the ruling if the offer involves a marriage and the purchase of an object by the offeree?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the proposer states, 'I married you to my daughter, and I bought your slave from you for one thousand,' and the recipient responds, 'I sold it to you, and I accepted the marriage,' the transaction is valid. The sum of one thousand is apportioned between the price of the slave and the appropriate dowry (*Mahr al-Mithl*). This is permissible as it combines two intrinsically valid contractual elements.

Supporting text

Imam Al-Shafi'i, according to one of his two opinions, holds that neither the sale nor the dowry is valid due to the resulting ambiguity (*Jahalah*).