Is the owner due compensation for the virginity of a usurped slave girl subjected to intercourse by the usurper?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 6 · Bab 1

Open in Qurani

Primary text

The owner is due compensation for the loss of her virginity (Arsh Bikāratihā) because it is a substitute for a part of her being. However, there is an alternative view that this compensation is included within the Mahr of a virgin, as the Mahr for a virgin is customarily higher because it encompasses compensation for the loss of virginity.

Supporting text

An alternative view is that the compensation for virginity is already included in the Mahr of a virgin, as customarily the Mahr for a virgin is higher to account for the loss of virginity.