What is the ruling when a man marries a female slave believing her to be free, consummates the marriage, and she bears a child?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a man marries a female slave under the misapprehension that she is free, and he has relations with her, the resulting child is free. The husband must ransom the child if necessary and pay the stipulated dowry (*mahr*). He has the right to reclaim the dowry from the party who deceived him. A separation must occur unless the husband is someone permitted to marry female slaves; if he is permitted and agrees to continue the marriage, any child born after this consent is considered a slave.