What is the liability if a third party strikes a pregnant pledged female slave (slave-pledge) causing her to abort a fetus dead?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If a third party strikes a pregnant pledged female slave and she aborts the fetus dead, the guarantor must pay one-tenth of the value of the mother (the slave). This amount is considered part of the pledge itself, as the guarantee arises from an injury to the pledge.
Supporting text
If the fetus is born alive but dies shortly thereafter when it should have lived, its full value must be paid. There is a debate regarding liability for any deficiency in the mother resulting from the delivery: one view states no deficiency is guaranteed because it cannot be separated from the guaranteed value of the offspring; a second view mandates guaranteeing the deficiency because it resulted from the third party's action, similar to a usurper damaging the property; and a third view suggests guaranteeing the greater of the two amounts: the deficiency in the mother or the value of the fetus.