What is the legal ruling when a purchased female slave is found to be pregnant?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The ruling regarding a purchased female slave found to be pregnant depends on five distinct circumstances related to prior intercourse, acknowledgment, and timing of the delivery relative to the sale and post-sale waiting period (istibra'). If the seller acknowledged intercourse before or at the time of sale, and the child is born in less than six lunar months, or if the seller claimed paternity and the buyer confirmed it, the child belongs to the seller, the female slave becomes an *umm walad* (mother of his child) to the seller, and the sale is nullified.
Supporting text
If the child is born more than six months after the buyer's intercourse following an *istibra'* (waiting period) by either party, the child belongs to the buyer, and the female slave becomes his *umm walad*. If the delivery is more than six months after an *istibra'* but less than six months from the buyer's intercourse, the lineage cannot be established for either man, the child belongs to the buyer as the pregnancy occurred during his ownership, and the sale remains valid. If both claim paternity, the child is assigned to the buyer due to apparent ownership. If the seller claims paternity and the buyer concurs, the lineage is established, and the sale is void. If the buyer denies the seller's claim, the buyer's word prevails regarding ownership, as his title has passed, similar to a post-sale admission of the slave being usurped or freed. There are two scholarly opinions regarding establishing the lineage to the seller in this case: one holds it is established as it benefits the child without harming the buyer, like an admission of wealth to his child; the second holds it is not established because it harms the buyer, as the seller would inherit from the child if the buyer freed her.