Section: If she dies before he redeems her, then nothing is upon her master, because nothing became a liability upon his person; rather, it attached to her person, and if she dies, the right lapses due to the destruction of its subject. If her value decreases before he redeems her, her redemption becomes mandatory based on her value on the day of redemption, because if she were destroyed entirely, the redemption would lapse, and therefore it is necessary that a portion of it lapses with the destruction of a portion of her. If her value increases, her redemption increases, because the subject of the right has increased, so the redemption increases with its increase, just like an ordinary slave. It is appropriate that her value be calculated while considered defective by the defect of 'istilad' (having borne a child to the master), because that diminishes her; thus it is considered like illness or other defects. Furthermore, because what is incumbent is her value at the time of her redemption, and her value is less than the value of someone who is not an umm al-walad, her redemption must necessarily be lower, and it must be [estimated by her value] while she is an umm al-walad. The ruling regarding a mudabbarah (slave promised freedom upon the master's death) is like the ruling regarding an umm al-walad, except that it is permissible to sell her in one report, so it is possible to surrender her for sale if her master chooses. And if he refuses to do so, is he to redeem her with the lesser of the two things, or is the blood-money for the crime binding upon him regardless of how high it reaches? This is derived from two reports.
Section: If she earns anything after committing her offense, it belongs to her master, because ownership is established for him, not for the victim. If she gives birth, the child also belongs to her master, because it is separate from her, so it resembles earnings. If he redeems her while she is pregnant, it is upon him to pay her value while pregnant, because the fetus is connected to her, so it resembles her stoutness. If her master destroys her, he is liable for her value, because he has destroyed the right of another, so it resembles the case where he destroys a pledged item (rahn). If he causes her a defect, he is liable for the resulting decrease in value, because once he becomes guarantor for the essence, he becomes guarantor for its constituent parts. And Allah knows best.
2022 - Issue; He said: "And if she returns and commits another offense, he redeems her, as I have described."
In sum, if an umm al-walad commits [multiple] offenses, it must be the case that all the offenses occurred before the redemption of
(6) In A: "li-ayb" (due to a defect). (7) In B, M: "naqsanaha" (its decrease). (8) In the original: "ka-al-marid" (like the sick one). In A: "al-marad" (the illness). (9) In B, M: "miqdar qimatiha" (the measure of her value). (10) In the original: "balaghat" (it reached). (11) In M: "simatiha" (her features/condition).
