Validity of a free woman purchasing her husband (slave) using her dower.
General Chapter
Al-Mughni
Book of Marriage
Primary text
If she purchases him with her dower, the transaction is valid, as stated by Ahmad. She may return to him for half the dower if half is dropped, or for the entirety if the entire dower is dropped. She must be reimbursed for any part of the dower that is dropped.
Supporting text
It is suggested that the sale is invalid, according to Shafi'i's companions, because its validity implies the dissolution of the marriage and nullification of the dower, which in turn invalidates the sale as the dower is the consideration (iwad). The counterargument is that the dower is valid as payment for another slave, so it can serve as payment here, like other debts.