Is the impregnator liable for the value of the child and the dower of the female slave after impregnation?
General Chapter
Al-Mughni
Book of Manumission
Primary text
There are two views regarding liability for the child's value and the dower. The first view holds that neither is due because the slave became the property of the impregnator upon the act, so no dower is due for his own property, and the child is born free and thus has no value due against him. The second view holds that half the customary dower and half the value of the child are due to the partner because the intercourse occurred in the property of another, thus necessitating the dower upon completion of the cause. Furthermore, his act prevented the child from being formed under the partner’s ownership, thus obligating half the child's value, similar to the child of a deluded person (maghrūr).
Supporting text
The position of Al-Qadi is that if the birth occurs after the valuation, nothing is due to the partner because the birth occurred while the slave was under the impregnator's ownership at the time the obligation was established. If the birth occurs before valuation, there are two reported narrations regarding whether half the child's value is due, with preference given to the view that it is due.