If the husband consummates the marriage before the wife is aware of her manumission, does she retain the option, and what is the legal standard for her claim of ignorance?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the husband consummates the marriage while she is ignorant of her manumission, and she is of a type where such concealment could plausibly occur (e.g., her master freed her in a different city), then her statement, coupled with an oath, is accepted, because the default state is non-consummation under these circumstances. If she is in the same city as her husband and the manumission is widespread knowledge, her claim of ignorance is not accepted because it contradicts the apparent reality.
Supporting text
If she knew of the manumission but claims ignorance regarding the establishment of the option itself, her statement is accepted, as knowledge of the legal ruling on the option is typically limited to specialists, making her claim presumptively truthful. Al-Shafi'i has two opinions regarding the acceptance of her claim concerning ignorance of the legal ruling of the option.