Can a master deny the paternity of a child born from his slave woman after admitting coitus?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
When a master admits coitus with his slave woman, and a child is born that could be his, the lineage attaches to him, and he is barred from denying it. This is based on the narration of Umar that any man who lies with his slave woman and then disowns her offspring will have the child ascribed to him. This is because the slave woman becomes fertile ground (farash) due to the coitus, causing the offspring to be ascribed to him, like the offspring of a wife. Furthermore, the Prophet Muhammad peace be upon him said, "The child belongs to the fertile ground." If the master denies paternity, the child remains his unless he proves Istibra' preceded the conception by six months.
Supporting text
Hasan stated that a man has the right to deny paternity of a child born from his slave woman. Al-Sha'bi held that a master could deny paternity of a child born from his slave woman at any time. However, the dominant view holds that since the child was born on his fertile ground, he cannot deny paternity, similar to his free wife. Ibrahim and Shurayh affirmed that once paternity is acknowledged, it cannot be retracted, and even silence or saying 'Amen' to congratulations acts as an acknowledgment.