What is the ruling on the offspring if the pregnant, sold slave is returned to the seller and gives birth at his custody?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the sold slave, being pregnant, is returned to the seller and gives birth while in his possession, the seller is liable for the defect of the delivery (*nuqsan al-wiladah*). If the slave perishes due to the delivery, the seller is liable for her loss because the perishing is a result of his action (receiving her back in that condition).
Supporting text
If the one who had intercourse with her subsequently owns her, she does not become an *umm walad* (mother of a child by her master) according to the soundest opinion in the school, because the conception occurred while she was in the ownership of another, which is analogous to the situation of a wife. This principle applies whenever conception occurs in the ownership of someone other than the eventual owner, thus preventing her from becoming an *umm walad* to him.