What is the legal status of a child born to a bequeathed female slave if the child is conceived after the testator's death but before the legatee's acceptance?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the child is born more than six months after the testator's death (indicating conception after death but before acceptance), the child belongs to the heir according to the apparent Madhhab, as the legatee’s ownership is not established until acceptance. If born after acceptance, the child belongs to the legatee, as the fetus is assumed to have legal standing, and the conception results from the heir's ownership.
Supporting text
The alternative view maintains that the child belongs to the legatee in both scenarios (birth before or after acceptance). In cases where the child belongs to the legatee, the child is manumitted because he is the son, and manumission through kinship is due from the father (legatee). The mother does not become an *umm walad* (mother of a child by her master) because the marriage was dissolved by the ownership established through the bequest, and she did not become pregnant by a free man while in the master's possession.