What is the legal status of the fetus within a gifted female slave when the fetus is explicitly excepted from the gift?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 2 · Bab 1

Open in Qurani

Primary text

The fetus is not gifted, and thus the recipient of the gift does not gain ownership of the fetus. This ruling parallels the status of a separated (already born) child or an item bequeathed via a will (Wasiyyah).