What is the legal status of the offspring born to an enslaved woman whose usufruct (benefit) was bequeathed to someone other than the owner of her servitude?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The offspring follows the legal status of the mother; thus, the child is enslaved, following the ruling applied to the mother, similar to the child of a *mukataba* (freedwoman in installments) or *mudabbara* (manumitted upon death). This ruling is supported by the principle that the child inherits the mother's legal status.
Supporting text
It is alternatively held that the child belongs to the owner of the primary property rights (the *raqaba* or neck/title deed) because the child is not part of the specified benefit bequeathed, nor is the underlying title deed itself bequeathed.