What happens to the slave mother's status if the master dies before clarifying the circumstances of impregnation?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the master dies before clarifying the circumstances, his heir steps into his place for clarification. If the heir clarifies, the ruling follows the established scenarios (slavery or *umm walad* status). If the heir does not know the manner of conception, there are two views regarding the slave mother: one holds she remains a slave because slavery is the default; the other holds she is freed because it is presumed she bore the child while in his possession, as he acknowledged her child while she was his property.
Supporting text
If there is no heir, or the heir cannot specify, the matter is referred to the *qafah* (genealogist). If the *qafah* attributes one child to him, the lineage is established as if the heir specified. If there is no *qafah* or they cannot determine, lots are drawn, and one child is freed by lot, as lot drawing is permissible in establishing freedom. The established school opinion dictates that lineage and inheritance are confirmed for the attributed child, contrary to the opinion of Al-Shafi'i, who states lineage and inheritance are not confirmed. Some jurists suggest the son's share of inheritance should be suspended, while others state nothing is suspended as its revelation is not expected.