Is a marriage contract valid if the master and his female slave agree that manumission will serve as the dower (mahr)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The marriage contract is valid when the master and his female slave agree that her manumission will constitute the dower, and she marries him on that basis. In this case, no dower other than the stipulated manumission is due to her. Abu Yusuf holds this opinion. The primary evidence is that manumission serves as a valid compromise for a dower in the case of the Prophet, peace be upon him, thus it is permissible in the case of his Ummah, similar to dirhams. Furthermore, manumission is a valid consideration in sale contracts; if one says, 'Manumit your slave in exchange for a thousand,' it is permissible, so it is more appropriate for it to be consideration in marriage, as the intent in marriage is not primarily the consideration.

Supporting text

Abu Hanifa and Al-Shafi'i rule that manumission itself does not constitute the dower. However, if the husband marries her in exchange for the recognized value (qimah) she has in his possession, and both are aware of this value, the dower is valid. Furthermore, if the manumission of her father is stipulated as part of the dower, the contract is valid, as narrated from Ahmad in the narration of Abdullah.