Is the freeing of an Umm Walad contingent upon the master's total capital?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The Umm Walad is freed from the total capital, even if the master owns nothing else. This is the consensus of those who uphold their manumission, and it applies whether she gave birth in health or sickness. This is because manumission results from the master's gratification, and what is spent for gratification is equal whether in health or sickness, similar to food and clothing. Furthermore, her freedom occurs after death, and matters after death are equal in health and sickness, like settling debts, Tadbir, and bequests. Ibn Umar confirmed that Ibn Al-Zubayr was selling Umm Walad, and Ibn Umar stated that Abu Hafs (Umar) ruled that Umm Walad cannot be sold or gifted; the owner enjoys her until death, then she is free. Ibn Abbas reported that Omar ruled that any man who acknowledged having intercourse with his slave woman and died, she is freed upon bearing a child, even if it was a miscarriage.