What is the legal status of the child born to a purchased female slave after the buyer has had intercourse with her?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the purchased female slave gives birth, her child is free because the intercourse occurred under a legal doubt (*shubha*), and the lineage (*nasab*) follows the father due to this doubt. The buyer does not assume the right of loyalty (*wala'*) over the child because the child is of free origin. The buyer is liable for the monetary value (*qimah*) of the child on the day of birth, as this day marks the interference between the child and the original master. If the child is stillborn, no liability for its value exists because liability is assessed at the time of placement (birth), and there was no value then.
Supporting text
If the buyer struck her abdomen causing a stillbirth, liability is for the *ghurrah* (a prescribed fine for the loss of a fetus), not the value of the fetus, because the striker has destroyed the fetus and cut off its potential growth, whereas in the case of birth, the liability is based on the interference between the child and its owner at the time of birth, at which point it was already dead. However, the buyer is liable for the defect of the delivery (*nuqsan al-wiladah*).