And it cannot be prevented, so intercourse is prohibited entirely, just as wine is prohibited due to intoxication, and even the small amount of it that does not cause intoxication is prohibited, because the state of intoxication varies. If he has intercourse, no legal penalty (hadd) is upon him, because she is his property, and she only became prohibited to him due to an incidental cause, like a woman in ihram or a fasting person, and no mahr is due from him, because the mortgagee has no right to her benefits, and having intercourse with her does not diminish her value; it is similar to if he had employed her. If a part of her is destroyed or he causes her a deficit, such as deflowering a virgin or causing her a rupture (ifda'), he is liable for the value of what he destroyed. [If he wishes, he may make it a pledge], or if he wishes, he may apply it as payment for the debt, if it has not yet become due. If the debt has become due, he must apply it as payment and nothing else, for there is no benefit in making it a pledge. There is no difference between a mature woman and a minor regarding what we have mentioned.

790 - Issue; he said: (And if it is a slave girl, and the pledger makes her pregnant, she also exits the pledge, and he shall take its value from him, so that it becomes a pledge.)

Its general meaning is that when the pledger has intercourse with his pledged slave girl and she becomes pregnant by him, she exits the pledge, and he is liable for her value at the time he impregnated her, just as if he had wounded the slave, he would be liable for his value at the time he wounded him. There is no difference between a wealthy person and an indigent person, except that the value is taken from the wealthy person, while for the indigent person, the value remains as a liability on his conscience, according to what we mentioned regarding manumission (itq). This is the position of the school of opinion (Ashab al-Ra'y). Al-Shafi'i's position here is the same as his position regarding manumission, except that when he said to him: The impregnation is not legally effective, it is only in regard to the rights of the mortgagee. As for the rights of the pledger, it is established; he is not permitted to gift her to the mortgagee. If the debt becomes due while she is pregnant, it is not permissible to sell her because she is pregnant with a free child. Once she gives birth, she may not be sold until she has fed her child the colostrum. If someone is found to nurse the child, she may be sold, otherwise she is left until she nurses him, then only enough of her is sold to cover the debt, and the status of umm al-walad (mother of a child) is established for the remainder, so when the pledger dies, she becomes free.