What is the effect of the husband consummating the marriage after the wife's manumission but before she exercises her option?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the husband consummates the marriage before she exercises her option, her option is voided. This ruling is explicitly stated by Ahmad and is the position of those named earlier (those supporting the delayed option). The rationale is that the option exists to ward off the harm of slavery, and once the slavery is removed (through manumission), the option is voided, similar to how the right to reject a sale is voided if the defect is removed. The ruling that consummation voids the option applies whether she knew of her option or not.
Supporting text
Al-Qadi and his associates mention that she retains the option even if she is 'afflicted' (i.e., the marriage is consummated), unless she knew of her option beforehand. If the consummation occurred after she became aware of her option, then the option is void. This is the opinion of 'Ata', Al-Hakam, Hammad, Al-Thawri, Al-Awza'i, Al-Shafi'i, and Ishaq. They argue that if she permitted him to consummate before she knew of her option, there is no indication of her consent, similar to if she had not been afflicted at all. This view is supported by the narration of Malik from Ibn Shihab regarding Zaynab, a freedwoman of Banu 'Adi, who was told by Hafsa that her affair was in her hands unless her husband touched her, in which case she had nothing to do with the matter.