What is the legal status of a child born from the beneficiary's intercourse with the dedicated female slave?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 2 · Bab 1

Open in Qurani

Primary text

The resulting child is considered free because the conception occurred through intercourse based on a legal doubt (*shubhah*). The beneficiary is liable for the monetary value of the child.

Supporting text

The calculated value must be used to purchase a male slave to replace the child in the Waqf, as the beneficiary caused her to become pregnant while she was in his possession (under his benefit). Upon the beneficiary's death, the female slave is manumitted (*a'taqat*), and her value must be settled from his estate because he damaged the asset belonging to subsequent generations of the Waqf. The settled value is then used to purchase a female slave to replace her in the Waqf.