a garment, and he wore it until it became worn out and he destroyed it, then he is liable for the value and the benefit; this is the case here.

Section: If she gives birth, her child is free; because he had intercourse with her under an ambiguity (shubhah). Lineage is established through him for that reason, and there is no wala' (patronage) upon him, because he is free by origin. The one who had intercourse is liable for his value on the day of his birth, because that is the day of intervention (haylulah) between him and his owner. If the child is born dead, he is not liable, because he is only liable for him at the time he delivers him, and he has no value at that time. If it is said: "If he strikes her abdomen and she miscarries a dead fetus, his liability is mandatory." We say: The striker is obligated to pay a ghurrah (a slave as indemnity), and here he is liable for his value, but he has no value. Also, the perpetrator destroyed him and cut off his growth, whereas here he is liable for him due to the intervention between him and his master, and the time of the intervention is the time of the miscarriage, and he was dead, so liability for him is not mandatory, yet he is liable for the diminution caused by the birth. If a stranger strikes her abdomen and she miscarries a dead fetus, the striker owes a ghurrah—a male or female slave—and the master receives from it the lesser of the two matters: either the indemnity (arsh) for the fetus or its value on the day it fell; because the striker's liability for it stands in the place of his emerging alive, which is why the seller is held liable for it. The master is only entitled to the lesser of the two because if the ghurrah is more than the value, the remainder belongs to his heirs, for he attained his status through freedom, and the master is not entitled to any of it. If it is less, the striker is not liable for more than that, because that is the reason for his liability. If the one who had intercourse strikes her abdomen and she miscarries a dead fetus, he also owes the ghurrah, and he does not inherit any of it, and the master receives the lesser of the two matters as we have mentioned. If he delivers the sold slave girl to the seller while pregnant, and she gives birth while in his possession, he is liable for the diminution caused by the birth, and if she perishes due to that, he is liable for her, because her perishing was due to a cause stemming from him. If the one who had intercourse acquires ownership of her, she does not, by that act, become an umm walad (mother of a child) according to the correct position of the madhhab, because she conceived from him when she was not in his ownership, thus she resembles a wife. This is the case in every instance where she conceives while in the ownership of another; she does not become an umm walad for him by this.

Section: If the buyer sells the item purchased through a void sale, it is not valid, because he sold the property of another without his permission. The buyer is obligated to return it to the first seller, because he is the owner, and his seller may take it wherever it is found.