Who possesses the right of Qasamah when a master's slave or a slave belonging to an *Umm Walad* (a female slave who bore her master a child) is killed?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 3

Open in Qurani

Primary text

The *Qasamah* belongs to the master in both cases, regardless of whether the *Umm Walad* is considered to possess ownership upon bearing the child or not. If she does not possess ownership, the ownership remains with the master. If she does possess a type of ownership, it is an unstable one, which is why the master retains the right to seize the slave from her, and she cannot dispose of the slave without the master's permission, unlike the *Mukatab*.