al-Qāsim in al-Mudawwana—which is also al-Mughīra’s position—if there is a profit, the working partner’s share of the slave is emancipated, and he must pay the capital provider the assessed value of the latter’s share. If there is no profit, no part of the slave is emancipated. This applies when he purchased the slave with all the partnership funds. If, however, he purchased him with only part of those funds, Ibn al-Qāsim holds that the slave is emancipated at his expense, and he must replenish the partnership funds from his own wealth by paying the slave’s value on the day of emancipation if he purchased him for the partnership, or his purchase price if he purchased him for emancipation. This differs from the positions of al-Mughīra and the previously mentioned authority other than Ibn al-Qāsim. If the working partner has no means, no part of the slave is emancipated unless there is a profit. In that case, enough of the slave is sold to cover the capital provider’s capital and share of the profit, and the remainder is emancipated at the working partner’s expense.

Section

The fourth case is where the working partner has intercourse with a female slave belonging to the partnership and she becomes pregnant. If he purchased her for the partnership, then transgressed by having intercourse with her and she became pregnant, her value on the day of intercourse is recovered from him, provided he has the means, to replenish the partnership funds. She then becomes his umm walad (a slave woman who has borne her master’s child). If he has no means and there is no profit on her, she is sold, and the value of the child remains a debt for which he is liable. If there is a profit on her, opinions differ. One view is that enough of her is sold to cover the capital provider’s capital and share of the profit, and she has the status of an umm walad in respect of the remaining share. Another view is that her case is governed by the rules concerning a female slave jointly owned by two partners, where one has intercourse with her, she becomes pregnant, and he has no means—a matter concerning which there is a well-known difference of opinion.

If, however, he purchased her for intercourse, then had intercourse with her and she became pregnant, Ibn al-Qāsim said on one occasion that the purchase price is recovered from him, and on another that her assessed value is recovered, to replenish the partnership funds if he has the means. If he has no means, the amount remains a debt for which he is liable, and she is his umm walad in either case. Mālik said that her assessed value is recovered from him to replenish the partnership funds if he has the means; otherwise, she is sold. This applies when there is no profit on her. If there is a profit, the difference of opinion mentioned above applies. This summarizes the positions on this question according to the interpretation adopted by some scholars, who followed the apparent meanings of the transmitted accounts.

My own view on this question is that the disagreement over selling her when she becomes pregnant and he has no means concerns only a case in which he purchased her and had intercourse with her, but it is not known whether he purchased her for the partnership or for himself with money he borrowed from the partnership funds. Mālik therefore understood him to have purchased her for the partnership and did not accept his claim that he