What is the ruling on a bequest of a thousand dirhams to a female slave who bore a child (*umm walad*), conditional upon her not marrying or remaining with his child?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a bequest of one thousand dirhams is made to the *umm walad* conditional upon her not marrying or remaining with his child, and she accepts the money but subsequently marries and abandons the child, there are two views. The first view holds that the bequest is nullified because the condition has been violated, causing the bequest to lapse, unlike manumission, which cannot be undone.

Supporting text

The second view, held by the Ahl al-Ra'y, maintains that the bequest is not nullified because the initial bequest was valid, and it should not be invalidated by the violation of the condition placed upon her, similar to the ruling concerning manumission.