What is the ruling if the legatee has intercourse with the bequeathed slave before accepting the bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the legatee has intercourse with the slave before acceptance, this act constitutes acceptance of the bequest, and ownership is established for the legatee through this act. This is because intercourse leading to Umm Walad status is only legally valid within established ownership; thus, proceeding with it serves as evidence of the legatee's choice to claim ownership, analogous to a man having revocable divorce rights consummating a revocable divorce, or a seller with an option to void a sale consummating the sale, or a husband with an option to void a marriage consummating the marriage.