What is the ruling regarding the bequest of a female slave for manumission if she bears a child, particularly concerning the extent of manumission and *umm walad* status?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a slave bequeathed for manumission gives birth, and her value is within the one-third limit (the permissible bequest portion), the marriage is nullified because partial ownership dissolves the marriage, similar to full ownership. If the child belongs to the father (the original owner or the heir, depending on timing), the manumission extends to the remaining share if the father is solvent. If the father is insolvent, only the portion of the mother he legally owned is freed. In all cases where the mother is deemed to become an *umm walad*, she achieves this status here, as stated by Al-Qadi, according to a portion of her ownership, which aligns with the view of Al-Shafi'i and the majority of scholars, including Ali, Al-Zuhri, Hammad bin Abi Sulayman, Rabi'ah, Malik, and the Ashab al-Ra'y.
Supporting text
Hasan held that the child belongs to the legatee’s son. 'Ata' held that if the testator knew of the legatee's death but made no change to the bequest, the slave belongs to the legatee’s heir because the bequest stands as a gift succeeding the death, and the heir assumes the legatee's position. The counterargument is that the bequest is a gift made by someone legally deceased, rendering it invalid, unless the validity of the bequest itself is accepted, in which case the gift is deemed to have met a living recipient, distinguishing it from the current case.