What is the dower obligation when two men have intercourse with the same female slave who is under *Kitabah* (a contract for manumission)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If two men have intercourse with a female slave under a contract of manumission, each man is obligated to pay her the dower equivalent to her status (*mahr mithliha*). If the status of the slave was identical in both instances of intercourse, their obligations are equal. If she was a virgin (*bikr*) when the first man had intercourse, he owes the dower of a virgin, and the second man owes the dower of a previously violated woman (*thayyib*). If her installment payment date for manumission has not yet arrived, she may claim both dowers. If the installment date has arrived and the due amount is of the same nature as the dower, set-offs are applied as previously discussed regarding set-off. If she pays the required amount, she becomes free, and both men may then claim the full dowers from her. If she is unable to fulfill her obligation and the manumission contract is rescinded after she has received both dowers, neither man can claim anything from the other because she received them as rightfully due to her. If the dowers are in her possession, they divide them; if they are lost or partially lost, they receive nothing, as a master cannot establish a debt against his own slave.
Supporting text
If the manumission contract is rescinded before she receives the dowers, and the amounts owed by each man were equal, the obligation for both is voided. If the amounts differ, a set-off is made based on the lesser amount owed to the other, concerning half of the excess amount. If she receives a portion from one man but not the other, the amount received from one is returned to the other for half of what he owed.