What is the liability if one of the men causes 'Ifda' (rupturing of the hymen) through intercourse with the female slave under *Kitabah*?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one of the men causes *Ifda* (rupturing the hymen), he is obligated to pay her one-third of her value. This is because causing *Ifda* in a free woman necessitates paying one-third of her blood money (*diyah*), so in the case of a female slave, one-third of her value is necessitated alongside the dower.
Supporting text
It is argued that the liability should be equal to the resulting decrease in her value due to the *Ifda*. Al-Qadi states that her full value is due, which is the position of the Shafi'i school. This difference of opinion is a derivative of the ruling concerning *Ifda* in a free woman, which has already been discussed. If the manumission contract is subsequently rescinded, the man who did not cause the *Ifda* is entitled to claim half of the compensation for the *Ifda* from the one who caused it, based on the aforementioned differing views.