What is the ruling on a gift (*hibah*) of a female slave (*jariyah*) who is subsequently consummated by the recipient before the donor's death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a man gifts a female slave, and the recipient takes possession and consummates her, and her dowry (*mahr*) is one-third of her value, the gift is valid to the extent that it does not exceed the dowry liability. If the donor dies leaving only that slave, and the slave's value is thirty units, and the dowry is ten units (one-third of the value), the gift is valid for one part, and one-third of the dowry liability falls away from the donor's estate. The donor's estate retains forty minus one part and one-third, which equals two parts. This means the part is twelve units, which is one-fifth and one-tenth of the slave's value. Thus, the gift is valid for that one-fifth portion, and the donor's estate retains three-fifths of the slave. The donor's estate is also due three-fifths of her dowry from the recipient, which is six units.