رَجُلٍ تَزَوَّجَ امْرَأَةً حُرَّةً فَوَجَدَهَا أَمَةً قَدْ دَلَّسَتْ نَفْسَهَا لَهُ قَالَ إِنْ كَانَ الَّذِي زَوَّجَهَا إِيَّاهُ مِنْ غَيْرِ مَوَالِيهَا فَالنِّكَاحُ فَاسِدٌ قُلْتُ فَكَيْفَ يَصْنَعُ بِالْمَهْرِ الَّذِي أَخَذَتْ مِنْهُ قَالَ إِنْ وَجَدَ مِمَّا أَعْطَاهَا شَيْئاً فَلْيَأْخُذْهُ وَ إِنْ لَمْ يَجِدْ شَيْئاً فَلَا شَيْءَ لَهُ عَلَيْهَا وَ إِنْ كَانَ زَوَّجَهَا إِيَّاهُ وَلِيٌّ لَهَا ارْتَجَعَ عَلَى وَلِيِّهَا بِمَا أَخَذَتْ مِنْهُ وَ لِمَوَالِيهَا عَلَيْهِ عُشْرُ ثَمَنِهَا إِنْ كَانَتْ بِكْراً وَ إِنْ كَانَتْ غَيْرَ بِكْرٍ فَنِصْفُ عُشْرِ قِيمَتِهَا بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا قَالَ وَ تَعْتَدُّ مِنْهُ عِدَّةَ الْأَمَةِ قُلْتُ فَإِنْ جَاءَتْ بِوَلَدٍ قَالَ أَوْلَادُهَا مِنْهُ أَحْرَارٌ إِذَا كَانَ النِّكَاحُ بِغَيْرِ إِذْنِ الْمَوَالِي .
Translation
Muhammad Bin Yahya, from Ahmad Bin Muhammad, and Ali Bin Ibrahim, from his father, altogether, from Ibn Mahboub, from Al Abbas Bin Al waleed, from Al Waleed Bin Sabeeh, (It has been narrated) from Abu Abdullah<sup>asws</sup> regarding a man who married a free woman, so he found her to be a slave who had concealed herself to him. He<sup>asws</sup> said: ‘If she had married him from without her master, so the marriage is invalidated’. I said, ‘So how would the dower be dealt with, which she had taken from him?’ He<sup>asws</sup> said: ‘If he can find anything from what he had given her, so let him take it, and if he does not find anything, so there is nothing for him upon her; and if it was such that her master had married her to him, he would have recourse to her master with what was taken from him, and for her master, upon him, would be a tenth of her price if she was a virgin, and if she was not a virgin, so it would be half of the tenth of her price due to what she has permitted from her private parts’. He<sup>asws</sup> said: ‘And she would observe the waiting period of the slave girl’. I said, ‘Supposing she were to come with a child?’ He<sup>asws</sup> said: ‘Her children from him are free ones, when the marriage was without the permission of the master’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.