Is the sale of a pregnant female slave valid?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

The sale of a pregnant female slave is valid. The sold item (the female slave) is known, and the uncertainty regarding the fetus does not invalidate the contract because the fetus is neither the object of the sale nor explicitly excluded by wording. This is analogous to cases where something is implicitly excluded by religious law (Shari'ah) even if it cannot be excluded by explicit wording, such as selling a married female slave, where the right to conjugal relations is implicitly excluded by the Law.

Supporting text

The opinion of Al-Qadi states that the sale is invalid because the fetus is not included in the sale, making it as if it were stipulated out.