What is the preferred opinion regarding the freedom of an adult claiming freedom against a possessor claiming ownership?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 9 · Bab 1

Open in Qurani

Primary text

The correct opinion, which is preferred, states that if a person provides evidence that the adult is their son, both lineage and freedom are established. This is because the presumption of freedom in the offspring of a free person outweighs the possibility of slavery resulting from mere possession, especially if the father's conversion to disbelief or marriage to a slave woman is unknown, removing the possibility of slavery through other means.

Supporting text

This entire section generally aligns with the madhhabs of Imam Shafi'i, Abu Thawr, and the Ashab ar-Ra'y (Hanafi scholars), though the Ashab ar-Ra'y hold a specific view regarding the strength of proving lineage over possession when considering the established freedom of offspring.