What is the ruling if the dower is a female slave carrying a pregnancy?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
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.