the second [generation], unless she requests marriage, in which case her marriage becomes mandatory; for it is a right of hers that she has requested, so compliance with it becomes mandatory. Any right lost thereby is lost as a consequence of fulfilling her right, so it is obligatory, just as it is obligatory to marry off a slave girl who is not endowed if she requests it. When he marries her off and she bears a child from the husband, her child is endowed along with her; for the child of every womb-relation to whom a sanctity is established is governed by the same ruling as she is, like an umm al-walad (a slave woman who has borne a child for her master) and a mukataba (a slave woman in a contract of emancipation). If an outsider coerces her and has intercourse with her, or she consents to him, the legal punishment (hadd) is upon him if there is no ambiguity (shubha), and the dowry is due from him to the beneficiaries of the endowment; for he had intercourse with someone else’s slave girl, similar to a divorced slave girl, and her child is endowed along with her. If he has intercourse with her due to a misconception, believing her to be free, the child is free, even if the one having intercourse is a slave, and his value is due; for it was his destiny to be a slave, but the belief in his freedom prevented his enslavement. Thus, his value is required so that a slave may be purchased with it to be an endowment, and his value is determined on the day she gives birth to him alive, for it is not possible to appraise him before that.

Section: The beneficiary of the endowment is not permitted to have intercourse with the endowed slave girl; for we cannot be certain she will not become pregnant, which would cause her to decrease [in value], be destroyed, or leave the endowment by becoming an umm al-walad, as his ownership is incomplete. If he does have intercourse with her, there is no legal punishment upon him due to the ambiguity, nor is there a dowry due from him, for if it were due, it would be due to himself, and a person is not required to pay something to himself. The child is free because it resulted from intercourse involving ambiguity. The value of the child is due from him, so that a slave may be purchased in his place, and she becomes an umm al-walad; for he caused her to become pregnant by a free man while she was in his possession. When he dies, she is emancipated, and her value is due from his estate, for he caused her loss to the subsequent generations; therefore, a slave girl is purchased with it to be an endowment in her place. If we say that the beneficiary of the endowment does not own her, she does not become an umm al-walad for him, because she is not his property.