What is the obligatory amount of Mahr (dower) when a slave contracts a marriage that is later dissolved?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The obligatory amount of Mahr is one-fifth (khums) of the specified Mahr. This is the view attributed to Uthman ibn Affan, may Allah be pleased with him, and acted upon by Abu Musa. The evidence cited is the narration from Imam Ahmad, through his chain of transmission, from Khulas, that a slave of Abu Musa married a Mawlah (freedwoman) of Tijjan al-Taymi without Abu Musa's permission. When this was reported to Uthman, he commanded separation and instructed, "Take for her the fifth (khums) of her Mahr." The specified Mahr in that case was five camels. This is supported by the reasoning that Mahr is one of the obligations resulting from intercourse, and thus the slave's portion may be reduced compared to a free person, similar to how a Hudud penalty is reduced for a slave, or as one of the two considerations in marriage, where the slave's portion is reduced, analogous to the number permitted for wives.
Supporting text
An alternative opinion attributed to Ahmad states that if the woman knew the husband was a slave, she is entitled to one-fifth of the Mahr, but if she did not know, she is entitled to the Mahr relative to the slave's status (i.e., the value based on his status as a slave). Another view attributed to Ahmad is that the obligatory amount is the Mahr of the equivalent (mahr al-mithl). This is the position of the majority of jurists because intercourse that mandates a Mahr requires the full Mahr of the equivalent, similar to intercourse in a marriage performed without a guardian (wali) or in other void marriages.