What is the status of manumission and the legal relationship (*wala'*) if the bequeathed slave is freed and gives birth?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

In every case where the child legally belongs to the legatee, the child is freed because he is the legatee’s son. The *wala'* (allegiance/patronage rights) is due to the father (legatee) due to manumission through kinship. The mother's marriage is dissolved by the ownership, and she does not become an *umm walad* because she did not conceive a free man while in the legatee's possession.

Supporting text

When the child is determined to belong to the legatee, if the legatee is solvent, the manumission extends to the rest of the mother's share. If the legatee is insolvent, only the portion corresponding to the share of the mother he owned is freed. If it is determined that she becomes an *umm walad*, this status is established irrespective of the legatee's solvency, following the opinion of Al-Khiraqi, similar to the case of a jointly owned slave.