What is the legal status of the offspring if the enslaved woman is impregnated through sexual intercourse based on a mistaken belief of legitimacy (*shubha*)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The resulting child is free. The value of the child, assessed on the day of birth, is due to the owner of the title deed (*raqaba*). This is supported by the fact that intercourse under *shubha* necessitates that the offspring be free.
Supporting text
In one view, the value of the child is due to the owner of the title deed. In another view, another enslaved person equivalent in value to the child should be purchased in place of the child for the owner of the title deed. If the impregnator was the beneficiary of the usufruct, the woman does not become an *umm walad* (mother of a child by her master) to him because he does not own her title deed; his obligation is to pay the value of the child to the owner of the title deed.