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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the buyer liable for the compensation for the virginity of a virgin slave woman if the contract is defective?

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Question : And the loss of her virginity brings pleasure to his penis. What? And the loss of her virginity brings pleasure to his penis.

Answer : Yes, for example, if the slave woman was a virgin and the buyer had intercourse with her, her virginity would be lost. He is liable for the compensation for the virginity, which is the difference between her value as a virgin and her value as a non-virgin, even though he had intercourse with her on the assumption that she was his property. Nevertheless, he guarantees the compensation for the virginity to her seller. Likewise, he is liable for a mahr (bridal gift) equivalent to that of her peers. But yes? Yes, he says: And if she was a virgin, the child is free. A free woman is not a follower. May Allah bless you. What is a free woman? Is a free woman sold?
Some people hold that since he believed she was his property, having bought her from her master, but the purchase was defective and he had intercourse with her, the child is free. Whereas, if we accepted the view that she was the property of the seller, the child would be a slave belonging to her owner. However, the child would be free and emancipated from the one who had intercourse with her, and he would guarantee her value to her master. These are problematic issues. The correct view is the opposite: the child is free and there is no liability involved. Yes.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4025] هل يضمن المشتري أرش بكارة الجارية البكر إن كان العقد فاسدًا؟ - تعليقات على الكافي لابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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