A slave who marries without his master's permission, gives the mahr, and then the master learns of it

Abdullah bin Qays said: Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him) had a slave who was also in charge of his camels. He married a slave-woman of Banu Ja'dah and gave her five camels as her dowry (mahr). When Sayyiduna Abu Musa (may Allah be pleased with him) learned of this, he sent word to Banu Ja'dah: "Return my slave and my property to me." They said: "The slave is indeed yours, but that property has now become the woman's dowry." This case was brought before Sayyiduna Uthman (may Allah be pleased with him), and he ruled that two-fifths of the whole property would be the woman's dowry and three-fifths would be given to Abu Musa al-Ash'ari.

Ibn Sirin said: During the caliphate of Sayyiduna Umar (may Allah be pleased with him), a slave of Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him) married in exchange for five she-camels. The case was then brought before Sayyiduna Umar (may Allah be pleased with him), and he ordered three she-camels to be given to Sayyiduna Abu Musa (may Allah be pleased with him); or he made the woman's dowry three she-camels and returned two she-camels to Sayyiduna Abu Musa (may Allah be pleased with him). The narrator said: I think that slave had married without the permission of Sayyiduna Abu Musa (may Allah be pleased with him).

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: Such a woman will receive no dowry at all; she made her private part lawful herself.

Amir said: The entire dowry will be taken back from such a woman, both what she has spent and what she has not spent.

Ibrahim said: Whatever such a woman has not spent will be taken back from her, and whatever she has spent will not be demanded back.

Shu'bah said: I asked al-Hakam and Hammad about a slave who marries a woman without the permission of his master: what is the ruling? They said: The two will be separated, the woman will receive no dowry (mahr), and whatever was given to her will be taken back.

Al-Hasan said: If a slave marries without the permission of his master and also consummates the marriage with the woman, then whatever dowry he has already given the woman will be hers.

Al-Zuhri said: If a slave marries without the permission of his master, then no marriage has taken place, and the woman will not receive a dowry either.

Al-Hasan said: If a slave marries without the permission of his master and also gives the woman a dowry, then if he has consummated the marriage, the woman will receive the full dowry, and if he has not consummated it, the master will take the dowry.