What is the legal status regarding manumission upon the master's death for the child born to an Umm Walad after the establishment of her status with a master other than her original one?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 2 · Bab 1

Open in Qurani

Primary text

If an Umm Walad gives birth after the ruling of her status (Umm Walad) has been established by someone other than her master (through marriage or otherwise), her child shares her status. The child is manumitted upon the master's death, and all permissible and impermissible dispositions regarding the mother apply to the child. Ibn 'Umar and Ibn 'Abbas, among others, held that her child is in her position. This position lacks known dispute among those who affirm the status of Umm Walad.

Supporting text

'Umar ibn 'Abd al-'Aziz suggested that they are slaves, which may imply that the status of Umm Walad does not extend to the child because that status is specific to the mother, or it may imply they are slaves whose ruling follows their mother, consistent with the majority view, as the child follows the mother in servitude and freedom, and consequently follows her in the established cause for manumission, similar to the child of a Mukataba or Mudabbara.