What is Abu Hanifa's position on a child born to a bequeathed slave after the testator's death?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

Abu Hanifa holds that if the child is born after the testator's death, the child enters into the bequest in all circumstances because the bequest is established and binding upon death, necessitating its extension to the child, similar to legal establishment of parentage (*istīlād*).

Supporting text

The counterargument is that the child is a separate, subsequent addition after the contract of bequest, and thus should not be included, similar to acquired earnings. This differs from *istīlād* because the latter has precedence and extension.