Chapter: The Agent’s Transgression with the Qarad Capital

If the agent purchases a female slave with the qarad fund and then has intercourse with her but she does not become pregnant, she remains an asset of the qarad, jointly owned between them, and no ḥadd is due for the intercourse. Should she conceive, two opinions are reported: according to one, she becomes an umm walad and the agent must pay her value; according to the other, her child is born free while she herself remains a slave to be sold within the qarad and does not acquire the status of umm walad for the man who slept with her.

If the agent uses the qarad capital to buy a slave who, by law, would be automatically manumitted for the owner of the capital, and the agent was unaware of this, the slave is freed for the owner of the capital, and the agent still receives his share of any profit. If, however, the agent knew of the automatic emancipation, the slave is freed for the agent, who must reimburse the owner of the capital for the slave’s price, while the slave’s walāʾ (right of inheritance) remains with the owner of the capital, because once the agent acted with knowledge he thereby