Does acknowledging penetration of a female slave (*amah*) in the anus or below the vulva establish her as a recognized concubine (*umm walad*) from whom a child is attributed to the master?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
There is a reported opinion from Ahmad that such an act results in the child being attributed to the master, and the slave attains the status of *umm walad*. This aligns with one view among the Shafi'is, based on the possibility of semen reaching the vagina during the act. However, the correct position is that this act does not establish the *umm walad* status because it is not explicitly legislated, nor is it equivalent to a legislated act. Legal rulings require positive evidence, and one cannot deviate from the established principle without proof. If a child is legally attributed to the master from his slave while she is in his possession, the child is free by origin, owes no allegiance (*wala'*) to the master, and the slave attains the status of *umm walad*.