What is the legal status of a pregnancy in a female slave purchased by the buyer?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If a female slave is purchased and becomes pregnant while in the buyer's possession, the pregnancy itself constitutes a defect in human beings because it prevents intercourse and carries a risk of death. If she gives birth, the offspring belongs to the buyer. If the birth reduces the mother's value, that reduction is also considered a defect. If the birth does not reduce her value and the child dies, the return of the mother is permissible because the defect (pregnancy) has been removed.
Supporting text
If the child remains alive, the mother cannot be returned without her child, as this separation is forbidden. Al-Sharif Abu Ja'far and Abu Al-Khattab permitted the rescission of the sale of the mother without her child, citing necessity and comparing it to the case where she gives birth to a free person, whose sale separately is permitted. However, the primary view asserts that separation between a mother and her newborn is forbidden based on the general saying of the Prophet (PBUH) regarding separating a mother and her offspring. Moreover, since the harm can be averted by taking the monetary compensation (Arsh) or returning the child along with the mother, separation, which is prohibited, should not be resorted to.