What is the legal status when a master has intercourse with a mortgaged female slave or a partner in a Mudharabah (profit-sharing) contract has intercourse with a female slave?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
If the owner has intercourse with his mortgaged female slave, or if the capital provider in a Mudharabah contract has intercourse with the slave and she gives birth, she immediately becomes his Umm Walad and is released from the mortgage or the Mudharabah contract. The value of the slave must be given to the mortgagee to replace her as a mortgage or settlement of the debt, and the Mudharabah contract is terminated regarding her. Any profit generated must be returned to the capital of the Mudharabah.