How is the ruling determined regarding a pregnant slave when the buyer is bankrupt, based on whether the fetus has legal standing?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The ruling hinges on whether the fetus is granted legal standing. If it is determined that the fetus has no legal standing, the situation is treated as an attached increase, similar to the value gained from the pregnancy itself. If legal standing is granted to the fetus, the child is treated as if it were born separately; the seller must wait until the birth occurs before judgment is rendered, and the ruling will follow the established precedent for post-delivery bankruptcy.
Supporting text
If the pregnancy involves an animal other than a human being, separation between the mother and the offspring is permissible, consistent with prior rulings.