Is something attached to saliva, tears, sweat, or a fetus legally deemed part of the original substance?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
Attaching a legal designation (such as in divorce or manumission) to saliva, tears, sweat, or a fetus is voided. This is because these substances are not considered part of the original body substance. Saliva, tears, and sweat are excretions from the body, akin to milk, and the fetus is deposited within the woman. Evidence for the concept of deposition is found in the Quran: "And it is He who created you from one soul, and then there is a place of sojourn [mustaqarr] and a place of deposit [mustawda"];" (Quran 6:98). The 'place of deposit' is interpreted to be the mother's womb.