Hasan says that if the husband has intercourse with his wife before she uses her right of option (khiyar), the wife will be made to swear that she did not know about the option. Then, if she was married to a slave, she will be given the choice.

Hazrat Sha’bah says that I asked Hazrat Hakam about the woman whose husband had intercourse with her after her emancipation, but the woman says that she did not know about her right of option (khiyar). He replied that the woman should be made to swear an oath about her ignorance of the right of option, and then she should be given the choice. I asked the same question to Hazrat Hammad, and he replied that she is his wife and she will not be given the choice.

17370 - And I asked Hammad, and he said: She is his wife (and) (1) she is not given the choice.

Hazrat Hammad says that he will be made to swear that he had no knowledge of the option (khiyar).