Does the child born to a concubine prior to her becoming an Umm Walad follow her status?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The child born to a concubine before she acquired the status of Umm Walad does not follow her status. This is because the child's existence preceded the establishment of the cause (Umm Walad status) in the mother, and the effect of dependency would have ceased before the cause materialized in the mother. Furthermore, the child does not follow her in immediate emancipation, so following her in the cause for emancipation is even less likely. This position is maintained because there is no specific textual proof or derivable analogy to support dependency.
Supporting text
A narration from Abu al-Khattab mentions two opinions regarding the child born to a concubine prior to her being designated a Mudabbara (a slave whose freedom is promised upon the master's death), and a similar ruling is extended here. However, this view is considered remote because a separate child does not follow the mother in emancipation, sale, gift, pledge, or any other disposition except Islam (provided the child is young). Since there is no explicit text or analogy to mandate following in emancipation by Tadbir (manumission contract), the child remains in their original state.