What is the ruling regarding the *mahr* owed when a master has sexual relations with his *Mukataba*?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The *mahr* (dower) is obligatory upon the master whether he coerced her or she consented to the intercourse. This view is held by Al-Hasan, Al-Thawri, Al-Hasan ibn Salih, and Al-Shafi'i. The obligation arises because the *mahr* is compensation for her benefit, analogous to compensation for her person. Furthermore, the *Mukataba* is in possession of herself, and her benefits belong to her; thus, if a non-master has relations with her, the *mahr* is hers. The *mahr* becomes due in the case of consent because the prescribed *Hadd* is waived due to the semblance of ownership; therefore, the *mahr* becomes due, similar to intercourse under a semblance of a valid marriage contract.
Supporting text
Al-Qatadah stated that the *mahr* is due only if he coerced her, but not if she consented, viewing her consent as her offering herself without compensation, akin to a adulteress. Al-Muzani transmitted this from Al-Shafi'i, but Al-Shafi'i's definitive position affirmed obligation in both scenarios, and his later associates denied the transmission by Al-Muzani. Malik held that nothing is due because she is his property.