What is the ruling regarding the financial liability of the formerly enslaved husband for the dowry (*mahr*) after the marriage is confirmed or dissolved?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the formerly enslaved husband chooses to proceed with the marriage after discovery, the full dowry is obligatory, and he does not have recourse to claim it back from anyone. If he chooses annulment before consummation, no dowry is due. If annulment occurs after consummation and the marriage was contracted with the master's permission, the dowry is obligatory upon him, with a dispute regarding recourse. If the marriage was contracted without the master's permission, the marriage is void. If consummation occurred in the void marriage, there are two views on the required compensation: either the customary dowry (*mahr al-mithl*) or two-fifths of the dowry (al-khumsan), with further dispute on whether he can seek recourse for this payment.
Supporting text
If the formerly enslaved man chooses to annul the marriage due to discovering his enslaved status, he has the right to annulment because this situation imposes harm, specifically concerning the slavery of his children and a deficiency in the fulfillment of marital rights (as she cannot stay with him day and night), which he did not agree to. Some Shafi'is hold that he has no right to annulment under any circumstance, while others maintain there are two opinions on this.