سَأَلْتُ أَبَا جَعْفَرٍ ( عليه السلام ) عَنِ امْرَأَةٍ حُرَّةٍ تَزَوَّجَتْ مَمْلُوكاً عَلَى أَنَّهُ حُرٌّ فَعَلِمَتْ بَعْدُ أَنَّهُ مَمْلُوكٌ قَالَ هِيَ أَمْلَكُ بِنَفْسِهَا إِنْ شَاءَتْ أَقَرَّتْ مَعَهُ وَ إِنْ شَاءَتْ فَلَا فَإِنْ كَانَ دَخَلَ بِهَا فَلَهَا الصَّدَاقُ وَ إِنْ لَمْ يَكُنْ دَخَلَ بِهَا فَلَيْسَ لَهَا شَيْءٌ فَإِنْ هُوَ دَخَلَ بِهَا بَعْدَ مَا عَلِمَتْ أَنَّهُ مَمْلُوكٌ وَ أَقَرَّتْ بِذَلِكَ فَهُوَ أَمْلَكُ بِهَا .
Translation
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Al A’ala Bin Razeyn, from Muhammad Bin Muslim who said, ‘I asked Abu Ja’far<sup>asws</sup> about a free woman who married a slave upon a stipulation that he was a free man. So she came to know afterwards that he was a slave. He<sup>asws</sup> said: ‘She is in control of herself. If she so desires to, she can stay with him, and if she so desires it, so no. So if he had copulated with her, then for her would be the dower, and if he had not happened to have copulated with her, so there would be nothing for her. So, if he were to copulated with her after she had come to know that he was a slave, and she was in agreement with that, so he would be more in control over her’.
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.