What is the basis for the ruling that a slave who bears her master's child is freed upon the master's death?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The status of being freed upon the master's death is established for the *umm walad* when she conceives by her master. Evidence for this includes the Hadith narrated by 'Ikrimah from Ibn Abbas, stating: 'Any slave woman who gives birth from her master, she is free from that birth.' Another narration from Ibn Abbas states regarding the mother of Ibrahim (the Prophet's son): 'Her child frees her.' This ruling is attributed to the consensus of the Companions, as evidenced by 'Ali's statement that his opinion and Umar's was to not sell them, and that Umar and 'Uthman executed this judgment during their lives. Furthermore, a narration from 'Ikrimah reporting from Ibn Abbas states that Umar said: 'Any man who acknowledges impregnating his female slave, upon his death, her child frees her, even if it was a miscarriage.'
Supporting text
There is another reported view from Ibn Abbas that the *umm walad* is assigned to the portion/share of her child so that she might be freed by him. A narration from Ibn Mas'ud supports this, stating that if the sale is unavoidable, the slave should be placed in the lot designated for her children.