What is the ruling on the increase (Nima') of bequeathed property occurring after the testator's death but before acceptance by the legatee?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The increase, whether it is separate growth such as fruit, offspring, or earnings, belongs to the heirs of the testator. This ruling applies similarly if a female slave bequeathed to a man who is her husband gives birth after the testator's death and before acceptance; the child is considered a slave to the heir. The primary opinion maintains this stance.
Supporting text
On the alternative view, the increase belongs to the legatee. In the case of the slave giving birth, the child is considered freeborn, and the legatee has no claim of Wala' (allegiance), because the mother became an Umm Walad (a slave who bore the master's child) through intercourse with a free man under the master's perceived ownership.