Is the father liable for the dower (mahr) or the value of the slave girl if she becomes pregnant by him?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The father is not obligated to pay her dower nor her value based on our position. This is because the child born from the intercourse is free, and since the intercourse resulted in her becoming an Umm Walad, which is a matter not exclusive to only part of the property, it resembles the case of seeking progeny from one's own owned slave girl.
Supporting text
Abu Hanifa maintains that the father is not liable for her dower but is liable for her value because he unlawfully removed her from her master's ownership, similar to killing her. He is exempt from the dower because guaranteeing her value implicitly includes the value of the sexual relation (bida'). Shafi'i argues that the father is liable for her dower because he had illicit intercourse with another man's slave girl, like a non-owner, and he is liable for her value if she becomes Umm Walad, analogous to one partner becoming liable for the share of the other partner in a jointly owned slave girl.