What is the ruling on the dower (Mahr) liability when two masters claim prior conception of a slave girl, according to Al-Qadi's preferred view?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Al-Qadi preferred the view that if both masters are solvent (Muserin), each claims the full dower from the other and acknowledges owing half the dower to his partner. This aligns with the position of Al-Shafi'i, as the dower is owed to the master, not the slave. In this scenario, the slave is not freed upon the death of the first master because there remains a possibility that she is an 'Umm Walad' to the surviving master. However, she is certainly freed upon the death of the surviving master.
Supporting text
If both masters are insolvent (Mu'sireen), each acknowledges that half the slave is his 'Umm Walad', and the other confirms this, as the establishment of 'Umm Walad' status does not apply during insolvency. Each also acknowledges owing half the dower to the other, leading to cancellation if the amounts are equal. If one claims an excess, a review is necessary: if both claim the excess, they must both swear an oath and the claim is nullified, or if one admits the excess owed to the other, it is cancelled due to the conflicting admission/denial.