What are the liabilities of the purchaser who has intercourse with the usurped slave girl?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The purchaser is liable for the Mahr and the compensation for the loss of virginity and loss due to childbirth. If she gives birth to a child by him, the child is free, attributed to his lineage, and he must pay their ransom because he believed intercourse was lawful and thereby negated the child's servile status. This is the correct view in the madhhab.
Supporting text
Ibn Mansur narrated from Ahmad that the purchaser is not liable for ransoming the children, as they were free at the moment of conception and had no value then. However, the preferred view is that he must ransom them for their value on the day of birth, which is the view of Abu Hanifa and Al-Shafi'i.