To whom does an increase in the dower (mahr) belong if a female slave (umma) is manumitted and then requests an increase from her husband?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The increase in the dower belongs solely to the freed woman, not to her former master, whether her husband was free or a slave, and regardless of whether the husband was manumitted concurrently or not. This ruling was explicitly stated by Ahmad in the case where a master married his slave to another slave, and both were then freed, and the woman requested an increase. If the husband belonged to someone other than the woman's master, the increase still belongs to the woman. The basis for this ruling is that ownership of the increase became established at the time it occurred, which was after the master's ownership over her had ceased. Therefore, the increase belongs to her, similar to her earnings or gifts given to her.
Supporting text
The view of Al-Qadi is that the increase belongs to the master who manumitted her in both scenarios, based on the principle within the school that an increase in the dower attaches to the original contract, thus being considered as if it were mentioned therein. This view is refuted because the cause for ownership of this increase (the agreement to increase the dower) occurred after the act of manumission; attributing ownership prior to manumission would imply the effect preceding its cause, which would necessitate obligations like Zakat liability on the master during the period of slavery regarding that increase.