What is the ruling on willing compensation for a slave to his *Umm Walad*?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 3

Open in Qurani

Primary text

A bequest (*Wasiyyah*) bequeathing the substitute value of a slave to his *Umm Walad* is valid, even if the substitute value has not yet become obligatory, similar to bequeathing future fruit. The right to *Qasamah* in this scenario belongs to the heirs, as they stand in the place of the testator for establishing his rights. If the heirs swear the oath, the compensation is established for the *Umm Walad* through the bequest; if the heirs refuse to swear, she cannot swear herself.

Supporting text

If the heirs refuse the oath when there is one witness, the creditors do not have the right to swear the oath in conjunction with the witness.