How is the *mahr* settled if it is due after intercourse with a *Mukataba*?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the *mahr* is due and no installment (*najm*) for the *Kitaba* has become due, she may demand it immediately. If an installment has become due and the *mahr* is of a different genus, she may demand it. If the *mahr* is of the same genus as the outstanding installment, they are offset (*taqasu*), and the party with the surplus takes the remainder.

Supporting text

If the intercourse is repeated and the master has paid the *mahr* for the first instance, the second instance also incurs a separate *mahr*. If he has not paid for the first, only one *mahr* is due, as the second is considered related to an act done under a semblance of right, resulting in only one *mahr*, similar to intercourse in a void marriage.