What is the penalty for a partner who has intercourse with a female co-owner who is also a *mukataba* (a slave contracted for manumission)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The penalty for the partner who has intercourse is doubled compared to the penalty for a simple *wat'a* (intercourse) because the prohibition stems from two sources: co-ownership and the contract of manumission, making the offense more severe. This individual must also pay the *mahr* (dower) commensurate with her status, as established in cases where the master is singular. If the installment payment (*najm*) for her manumission is due, she should pay it to both partners. If the installment is due and is of the same type as the money owed for her manumission and is in her possession, she pays the corresponding amount to the partner who did not commit the act and offsets this against the amount owed by the offending partner. If she has nothing or less than the installment amount, she takes half of the required sum from the offending partner and gives it to the other partner. If the due amount is not of the type specified for the manumission contract, but both partners agree to accept it as a substitute for the manumission money, the ruling is the same as if it were of the correct type.
Supporting text
If the partners do not agree on the substitute, she pays from whatever money she possesses towards her manumission debt, or the manumission contract is dissolved if she is unable. If she possesses an amount equal to the *mahr*, the partner who did not commit the act takes it, and the *mahr* debt is dropped from the offending partner's liability. If she possesses nothing, the non-offending partner can revert to the offending partner for half the *mahr* because he had intercourse with jointly owned property. If she becomes pregnant, she becomes an *umm walad* (mother of his child) to the offending partner, and he owes his partner half her value, along with half the *mahr* due to her, regardless of whether he is solvent or insolvent. If solvent, he pays immediately; if insolvent, it remains a debt upon him.