Is a declaration by a man that one of three sons of his female slave (who has no husband or acknowledged paternity for the children) is his son valid?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The declaration is valid, and the declarant is required to specify which child. If he designates one, the lineage and freedom of that specific child are established. The nature of the procreation must then be clarified. If he states it was via a valid marriage (nikah), then the responsibility for loyalty (wala') falls upon the father, and the mother and the other two children remain enslaved because the mother was previously touched by servitude (رق). If he states, 'I acquired her as an Umm Walad (mother of his child) while she was in my ownership,' the designated child is freeborn without any obligation of loyalty, and the slave woman becomes an Umm Walad.
Supporting text
If the designated child is the eldest, the other two siblings share the status of the Umm Walad regarding manumission upon the master's death. If the middle child is designated, the eldest is a slave, and the youngest follows the status of his mother. If the youngest is designated, the other two siblings are slaves because the mother bore them before the ruling that she was an Umm Walad was established. If he claims the fathering was due to a suspicious cohabitation (wat' shubha), the child is freeborn, and the siblings are slaves.