What is the ruling regarding the emancipated slave's option if the emancipation occurs before consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If she is emancipated before consummation, she has no option, according to Al-Kharqi. This is because the dissolution of the marriage voids her dower, causing the remaining third of the estate to be insufficient to cover the full value of the slave, resulting in two-thirds of her remaining enslaved status, thus nullifying her option. Establishing the option would lead to its nullification, so it is negated. This is the established position of Al-Shafi'i.
Supporting text
According to Abu Bakr, she retains the option. If the master is obligated to pay half the dower, then two-thirds of her become free upon receiving that amount. If the master forfeits the dower, then one-third of her becomes free.