What is the ruling regarding a marriage where the wife's claim of being a slave is accepted in all aspects, concerning dower and children?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

Primary text

Whoever holds that her statement is accepted in all legal matters means this is a slave who married without her master's permission, rendering the marriage void, and separation must occur between them. If this was before consummation, she has no dower. If consummation occurred, the dower of a slave married without her master's permission is due, as mentioned elsewhere. There are two narrations regarding whether this is the equivalent dower or the stipulated dower. She observes two menstrual cycles as the waiting period because it involves intercourse in a void marriage. Her children are free because he was mistaken regarding her freedom, meaning he was deceived by her apparent freedom, and the value of the children on the day of birth is incumbent upon him. If he dies leaving her, the waiting period for widowhood is not incumbent.