What is the disposition of the slave's property (estate) if she dies after consummation but before the dispute is resolved regarding her status as Umm Walad?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the slave dies after the consummation (or after the legal presumption of Umm Walad status based on the seller's admission) and she is deemed free, her inheritance goes to her child and heirs. If she has no heirs, her inheritance is held in suspense because no one lays claim to it. The former master has no right to claim the estimated price of the slave from the estate because he claims the price from the one who engaged in intercourse (the alleged husband), and the inheritance is not his because he predeceased her.
Supporting text
Al-Qadi states that her maintenance is covered by her earnings, and any surplus is held in suspense because the master's ownership has been removed, and the legal status of Umm Walad has been established for her. If she dies leaving wealth, the seller is entitled to an amount equal to her price. If the seller was truthful, he is due the price from the buyer, and the remainder goes to the buyer. If the seller was lying, she was his property, and the remainder goes to him, with the claimed amount being his due.