the indemnity for her virginity if she were a virgin. The hadith is specific to a woman forced into prostitution; for God Almighty named her such, despite her being forced into it, as He said: "And do not force your slave girls to prostitution if they desire chastity." Regarding their saying: "Neither the hadd nor the dower is incumbent," we say: The dower is not incumbent for her, and in our issue, it is not incumbent for her, rather it is incumbent for her master. It differs from the free woman, for if the dower were to be incumbent, it would be for her, and she has relinquished her right by her permission. Here, the one entitled [to the right] did not permit it. Furthermore, the obligation in the case of a free woman occurs [based on] forcing her, and its falling away is due to her compliance. Likewise, the master here, once the falling away became attached to his permission, it should be established upon its absence. It is the same whether he had intercourse with her believing it lawful, or not believing it lawful, or claimed a doubt, or did not claim it; because the dower is a right of a human being, so it is not nullified by doubts. This slave girl does not become an 'umm walad' (mother of a child) to the mortgagee under any circumstances, whether he owned her after the delivery or before it, and whether we ruled [that the child is a slave] or free, because he impregnated her while she was not in his ownership.

791 - Issue: He said: "And when the pledged slave commits an offense, the victim of the offense has a better right to his person than the mortgagee, until he has fulfilled his right. If his master chooses to ransom him and does so, he remains a pledge as he was."

In summary, when a pledged slave commits an offense against a person or their property, the offense attaches to his person, and thus it is prioritized over the right of the mortgagee. We know of no disagreement regarding this; this is because the offense is prioritized over the right of the owner, and ownership is stronger than a pledge, so it is more fitting that it be prioritized over the pledge. If it is said: But the right of the mortgagee is also prioritized over the right of the owner. We say: The right of the mortgagee was established from the side of the owner by his contract, and the right of the offense was established without his choice, prioritized over his right, so it is prioritized over