What is the liability if the offspring of a pledged animal is aborted dead due to injury?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the abdomen of a pledged animal is struck, causing it to abort its young dead, only the amount of the diminution caused by the injury is due. The resulting payment is considered part of the pledge along with the mother animal.

Supporting text

The Shafi'i school holds that what is due for the deficiency of the mother animal is part of the pledge, as is what is due for its young, but what is due for the fetus of a female slave is not part of the pledge because the increase (*nama'*) of the pledge is not the pledge.