Who is entitled to the *mahr* (dowry) if the enslaved woman, whose benefit was bequeathed, is impregnated through illicit sexual intercourse (*zina*)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the impregnator is the beneficiary of the usufruct, the *mahr* is due to the owner of the primary property rights (*raqaba*). This is because the right to sexual relations (*manafi' al-bud'*) cannot be legally bequeathed separately from the title deed, nor can it be transferred independently unless through marriage; hence, it is ancillary to the title deed and belongs to its owner. The beneficiary has no right to compensation in lieu of this.
Supporting text
The opinion of the jurists of our school and those of Al-Shafi'i holds the opposite: the *mahr* is due to the beneficiary of the usufruct. Furthermore, there is an alternate view suggesting that if the beneficiary commits the act, the *hadd* (prescribed punishment) is incumbent upon him because he only owns the benefit, similar to a renter (*musta'jir*), and in this scenario, the resulting child would be enslaved.