Is the manumission of a female slave coupled with stipulating her freedom as her dower a valid marriage contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The manumission of a female slave, declaring her freedom (itq) as her dower (sadaq), constitutes a valid marriage contract. This view is supported by the apparent ruling of the Madhhab, Imam Ahmad in the narration of the majority, Ali (may Allah be pleased with him), Anas ibn Malik, Sa'id ibn al-Musayyib, Abu Salamah ibn 'Abd al-Rahman, al-Hasan, al-Zuhri, and Ishaq. The evidence for this is the action of the Prophet Muhammad (peace be upon him) who freed Safiyyah and made her manumission her dower, as narrated in a Muttafaqun 'alayh hadith. Furthermore, the dower cannot precede the marriage contract; thus, if the manumission is stipulated as the dower, the marriage must have been established by that same utterance.
Supporting text
A dissenting opinion, held by al-Awza'i, suggests that the woman is merely obligated to marry him afterward. Others, including Abu Hanifa, Malik, and Shafi'i, consider the contract invalid due to the absence of explicit offer (ijab) and acceptance (qabul), arguing that manumission grants her ownership of herself, requiring her subsequent consent. Another narration from Ahmad suggests he should appoint someone to conduct the marriage, implying the initial utterance does not finalize the marriage.