What is the legal status of the slave's offspring if the buyer declares bankruptcy after delivery?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the buyer declares bankruptcy after the slave has given birth, the offspring is considered a detached increase. Consequently, the offspring belongs to the bankrupt buyer (the original purchaser). This is the correct position. Furthermore, the seller is prevented from revoking the sale of the mother along with her offspring because doing so would necessitate separating the mother and child.
Supporting text
One view attributed to Al-Shafi'i agrees that separation is prevented. Another potential view suggests that the seller may revoke the sale of the mother, similar to rulings concerning increases prior to pregnancy. According to Abu Bakr, the increase belongs to the seller, allowing the seller the right to revoke the sale concerning both the mother and the child.