What is the ruling regarding a marriage dowry (Sadaq) paid in the form of a female slave (Jariya)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The ruling concerning a dowry paid as a female slave is the same as the ruling concerning livestock (sheep/goats). If the slave gives birth, the offspring belongs to her, similar to the offspring of livestock. However, the husband has no right to reclaim half of the original value of the slave because this would lead to the separation of the mother and her child during a portion of the time, which is prohibited. Since separation between the mother and her child is prohibited at all times, it is prohibited during a portion of the time as well. Therefore, the husband is only entitled to reclaim half of the slave's value at the time of the marriage contract (Istiddaq), and no later valuation is considered.