What is the legal ruling if the pledgor has intercourse with the mortgaged female slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgor engages in intercourse and fathers a child, the female slave is removed from the pledge, and the pledgor is liable for her value at the time of conception. This liability is established according to the opinion of the People of Reason (Ahl al-Ra'y). If the pledgor is solvent, the value is taken from him; if insolvent, the liability remains against his estate. If the right (debt) has already matured, the value is treated as a debt payment, as retaining it as collateral would be useless.
Supporting text
If the intercourse occurs without resulting in pregnancy, there is no prescribed punishment (hadd) because the slave is the pledgor's property, and the prohibition is conditional, like for someone in the state of Ihram for Hajj or fasting. Furthermore, no dower (mahr) is due because the pledgee has no right to the slave's benefit, and the act does not diminish her value, resembling her use in service. If the act causes physical damage, such as the loss of virginity (iftidha' or ifda'), the pledgor owes the value of the damage. If the debt is due, this value must be paid off; otherwise, it can be added to the pledge or paid as a debt.