What is the ruling if the dower is a female slave carrying a pregnancy?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the dower is a female slave who is pregnant, she is considered an increase in value due to the fetus, yet a defect due to the fetus. The defect status is established because of the danger of her perishing during childbirth, which is why the sale of the slave can be voided in this situation. Therefore, the wife is not obliged to give up the fetus as an increase, nor is the husband obliged to accept her due to the defect. In this scenario, the husband is entitled to half the value of the slave.

Supporting text

If both parties agree to a division of the slave and the fetus/offspring, this agreement is permissible.