What is the ruling if the defect is discovered after the birth of the offspring from a purchased pregnant female slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the defect is discovered after delivery, and the delivery did not reduce the mother's value, the buyer may keep the offspring and return the mother, because separation between them is permissible for animals. This applies whether the pregnancy occurred before or after taking possession. If one purchases her while pregnant and then discovers the defect and returns her, the offspring must be returned with her because it is part of the sale, and the increase is an inseparable growth attached to the sold item, akin to a sheep gaining weight. If the offspring perishes, it is treated like a defect occurring to the item while in the buyer's possession.
Supporting text
If the return is allowed, the buyer owes the value of the offspring, unless following the narration from Ahmad, where no compensation is due for the offspring (which Al-Qadi interpreted as the seller having concealed the defect). If the mother is devalued by the birth, that devaluation is a new defect governed by the rules of subsequent defects. It is possible to interpret Ahmad's statement as holding that the pregnancy itself has no legal ruling, which is one opinion of Al-Shafi'i; under this view, the child belongs to the buyer, and he is not obligated to return it if it remains, nor its value if it perishes. The former position is deemed correct and the one acted upon.