The ruling on returning a defective slave woman and separating her from her child whom she was carrying at the time of the sale
Machine translationRead the Arabic original
The questioner : If it was.
The Shaykh : What was your intention?
The questioner : If the one sold was pregnant and gave birth to the child with the buyer, then the child is returned with her, because it is part of the sale, and the birth is a connected increase.
The Shaykh : This is clear, meaning if she was pregnant at the time of purchase and then gave birth, the fetus is returned with her because the contract was concluded while she was pregnant, so it included the mother and what was in her womb. Therefore, if she is returned, the child must be returned with her. Allah is the Greatest.
The questioner : What is the birth? A connected increase.
The Shaykh : Once the child is born, it is a separate entity.
The questioner : What does the author mean by "connected increase"?
The Shaykh : Because it is part of the sale, and the birth is a connected increase. Perhaps the pregnancy is a connected increase. I do not know.
The Shaykh : What was your intention?
The questioner : If the one sold was pregnant and gave birth to the child with the buyer, then the child is returned with her, because it is part of the sale, and the birth is a connected increase.
The Shaykh : This is clear, meaning if she was pregnant at the time of purchase and then gave birth, the fetus is returned with her because the contract was concluded while she was pregnant, so it included the mother and what was in her womb. Therefore, if she is returned, the child must be returned with her. Allah is the Greatest.
The questioner : What is the birth? A connected increase.
The Shaykh : Once the child is born, it is a separate entity.
The questioner : What does the author mean by "connected increase"?
The Shaykh : Because it is part of the sale, and the birth is a connected increase. Perhaps the pregnancy is a connected increase. I do not know.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4202] حكم رد الجارية المعيبة والتفريق بينها وبين ولدها الذي كانت حاملة به وقت المبيع — youtube.com
The Arabic text is a machine transcription of the audio recording.
