Does the consummation of a marriage by a Dhimi husband legitimize the marriage for the Muslim original owner?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a Dhimi woman is consummated by her Dhimi husband, it resolves the legitimacy for her Muslim original owner. This is explicitly stated by Ahmad. He based this on the husband having the rights of a spouse, requiring mutual imprecation (Li'an) and apportionment of time. This is the view of Al-Hasan, Al-Zuhri, Al-Thawri, Al-Shafi'i, Abu 'Ubayd, the companions of the view, and Ibn Al-Mundhir. The evidence is the general meaning of the verse, and because it is consummation by a husband within a complete and valid marriage, analogous to the consummation by a Muslim.

Supporting text

Rabi'ah and Malik state that it does not resolve the legitimacy.