What is the ruling on the status of offspring born to a bequeathed slave after the testator's death but before acceptance, if the bequest was to the slave's husband?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

If a slave woman is bequeathed to her husband, and she gives birth after the testator's death and before acceptance, the child is considered a slave to the heir.

Supporting text

On the alternative view, the child is considered freeborn, and the husband has no claim of Wala'. The mother becomes an Umm Walad because the conception resulted from intercourse with a free man while under the perceived ownership of the heir.