What is the ruling if a married man confesses to being a slave after marriage, concerning the validity of the marriage based on whether consummation occurred?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If a man confesses to being a slave after marriage, and this confession is accepted, and he was a male: If this confession occurred before consummation (dukhul), the marriage is nullified in his case because he admits to marrying without his master's permission. The wife is due half the dower (mahr) because it is a right established against him, and his statement does not nullify it. If the confession occurred after consummation, the marriage is also nullified, and the wife is due the entire dower. This is because the husband possesses the right of divorce; thus, when he confesses to something necessitating separation, it is incumbent upon him. His children are free, following their mother. If he was married to a female slave, his children belong to her master. The dower becomes a liability tied to his person, as it stems from his transgressions, and his master must redeem him or surrender him. If the husband has acquired wealth (kasb), the dower is collected from it because his confession is not accepted against his wife regarding its transfer to his master, so her right is not terminated by his admission.
Supporting text
If the jurists accept his statement regarding all legal matters, the marriage is void due to his marriage without his master's permission, and separation is decreed. If there was no consummation, she receives no dower. If consummation occurred, she is due the entire stipulated dower according to one narration, or half according to another.