To whom does the husband refer his claim for reimbursement when deceived regarding the wife's status?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the deception originated from the master (Sayyid) who claimed the woman was free ('Ataqat - freed), the master is liable for reimbursement. If the deception was from the master using language that did not effect actual freedom, the husband receives nothing, as there is no point in establishing a debt that cannot be recovered. If the deception was from the agent (Wakili), the agent is liable immediately. If the deception was from a third party (Ajnabi), that party is also liable. The established ruling follows the precedent set by 'Ali, Ibrahim, Hammad, and Al-Sha'bi, which states that the one who deceived is liable for reimbursement.
Supporting text
If the deception originates from the wife (the slave woman herself), two views arise concerning whether the debt attaches to her person or her liability after emancipation. The preferred view, following Al-Khiraqi's methodology, is that it attaches to her personal liability (dhimmah), meaning the husband recovers the amount from her estate if she is later emancipated, similar to her obligation for Khul' rendered without her master's permission. However, the outward meaning of Ahmad's statements suggests that if the deception is from the slave woman, the husband recovers from no one.