What is the status of offspring when a non-pregnant woman is gifted and subsequently becomes pregnant?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a non-pregnant woman is gifted and she subsequently becomes pregnant, the pregnancy is considered a detached increase. The father has the right to revoke the gift of the woman but not the offspring.

Supporting text

If it is ruled that the fetus has no independent legal standing, and its presence increases the value, then it is an attached increase. If its value is not increased by the fetus, revocation of the woman is permissible.