Is a bequest made to an Umm Walad valid?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
A bequest made to an Umm Walad is valid. There is no known disagreement among the scholars who affirm the legal status of Istilad (designation as Umm Walad). This is supported by Al-Shafi'i, Ishaq, and the Ashab al-Ra'y. It is narrated that 'Umar ibn al-Khattab bequeathed four thousand to each of his Umm Walad. The bequest is valid because the Umm Walad is considered legally free at the time the bequest takes effect upon the master's death, thus the bequest takes effect when she is in a state of freedom.
Supporting text
The bequest is conditional upon the bequest amount not exceeding one-third of the estate. If the bequest exceeds one-third, it is subject to the approval of the heirs; if they approve, it is valid, otherwise it reverts to the heirs. The value of the Umm Walad herself is not calculated from the one-third portion, as her manumission is executed from the principal estate capital, similar to the settlement of debts and fulfillment of obligations.