To whom does the dower belong if the emancipated wife chooses to remain married or separate after consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the emancipated slave chooses to remain with her husband, either before or after consummation, or chooses separation after consummation, the dower is obligatory. If she chooses to remain, there is no nullifier for the dower, as it was obligatory upon the contract. If she seeks separation after consummation, the dower is established by the consummation and is not nullified by anything. In both cases, the dower belongs to the master because it was obligatory upon the contract while she was his property. The specified dower is obligatory in both scenarios, regardless of whether consummation preceded or followed the emancipation.
Supporting text
The associates of Al-Shafi'i state that if consummation occurred before emancipation, the specified dower is obligatory. If consummation occurred after emancipation, the dower of equivalent value (Mahr al-mithl) is obligatory because the dissolution relates back to the moment of emancipation, making the coitus occur within a void marriage. Our argument holds that the contract was valid, contained a valid specified dower, and consummation followed before the dissolution, thus obligating the specified dower, just as if no dissolution occurred. Furthermore, if the dower were due based on coitus after dissolution, it would belong to her since she was free at that time. Their assertion that the coitus occurred in a void marriage is incorrect, as the marriage was valid, and nothing occurred to void it; thus, the rulings of coitus in a valid marriage apply, such as making the first husband lawful (for her) and establishing legal chastity (Ihsan).