Does the offspring (*walad*) resulting from a mother-slave given as dower become subject to being halved upon divorce before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Offspring born to the mother-slave dower are considered a separate increase belonging exclusively to the wife, regardless of whether the birth occurred before the husband took possession or after, unless the husband prevented her from taking possession, in which case the deficiency is his liability, and the increase (offspring) is hers alone. The ruling that the offspring belongs solely to the wife is based on the principle that the dower becomes her property upon contract, and the offspring is an external growth of her property.
Supporting text
Abu Hanifa maintains that if the mother-slave gave birth while in the husband's custody and he divorces her before consummation, he also retains half of the offspring. This is because the right to possession (of the mother-slave) extends to the offspring, and whatever falls under the mandated surrender is halved by divorce, similar to what was included in the original contract.