What is the ruling when a master marries off his female slave for a dower exceeding her value, frees her during his terminal illness after consummation, and then dies?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If a female slave whose value is ten is married off for a dower of twenty after consummation, and the master frees her during his terminal illness while possessing only her and the fulfilled dower amount, she becomes fully emancipated because her emancipation comes from the remaining third (of his estate). She retains the option (to remain married or separate). If the dower had not yet been received, one-third of her becomes free immediately. The ruling regarding her option to choose is subject to two views. For every portion of the dower she receives, a corresponding portion of her emancipation is realized until the entire dower is settled, at which point she is fully free, and the option is established for her according to those who did not establish it earlier.
Supporting text
If the husband consummated the marriage before the dower was fully received, her option is voided according to those who established the option at the time of full payment, as she waived it by permitting the consummation. According to the view of Al-Kharqi, the option is not voided because she permitted the consummation before the option was established for her, making it analogous to permitting it before her emancipation.