What is the ruling regarding a claim of slavery over an intelligent, speaking child who has reached the age of discretion, where the possessor claims ownership and no prior possession before discretion is known?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the possessor claims ownership over an intelligent, speaking child, and there is contention between the possessor and the child, there are two views. One view holds that ownership is not established because the child speaks and claims freedom, resembling an adult. The second view holds that ownership is established because the child, while minor, claims slavery while in the possession of the claimant, resembling an infant.