What are the differing reports from Ahmad regarding the liability of the offending partner for the value of his partner's half share following conception?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There are two reports from Ahmad. In the first, his value is not due because his partner's share transferred to him from the time of conception, at which point she had no value, so he is not liable for it. In the second, he owes half her value because the servitude of that half was intended to belong to his partner, meaning his partner's right (servitude) was lost due to him, thus requiring compensation for half the value.
Supporting text
Al-Qadi preferred the second narration as being more sound according to the madhab. Abu Bakr mentioned both narrations and preferred that if she gives birth after the valuation, the offending partner owes nothing. If she gives birth before the valuation, he must pay half her value.