What is the ruling regarding the beating (adab) and liability for a jointly owned female slave (jāriya mushtaraka) if she is beaten, and what happens if she becomes pregnant (am walad)?

Primary text

It is unanimously forbidden for the co-owners to have sexual intercourse with the jointly owned female slave because the act involves the property of another without a valid marriage contract, contrary to the commands of the Quran (Quran 5:5, 5:6, 5:7). Most scholars do not impose the prescribed Hadd punishment because the owner has a semblance of right (shubha) through his partial ownership, which acts as a defense against the Hadd. If she does not become pregnant, she remains the property of both owners, and the one who engaged in intercourse is liable to his partner for half the customary dower (mahr mithlihā) because the act of intercourse, though protected from Hadd due to shubha, necessitates the dower for the partner’s share, irrespective of her consent. If she becomes pregnant and gives birth to a recognizable partial human form, she becomes a mother of a free child (umm walad) to the one who impregnated her, and she leaves the ownership of the partner, similar to manumission, as impregnation is considered stronger than manumission. He is liable for half her value because he has removed half her from the partner's ownership, similar to manumission or destruction. The child's lineage follows the father because the act occurred within a domain where the father had a property right, analogous to intercourse with one's wife.