When does the offspring of a master's slave woman belong legally to the master?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The lineage of a child born to a master's slave woman belongs to the master if the birth occurs six months or more after the master's coitus with her, and the slave woman consequently becomes an 'Umm Walad' (mother of a child by her master). If a child is born complete in less than six months, the lineage does not attach, as the minimum gestation period is six months. This is evidenced by the report that a woman gave birth after six months, and Umar ibn Al-Khattab intended to stone her, but Ali ibn Abi Talib prevented him, citing Quran 46:15, which states the period for pregnancy and weaning is thirty months; six months for pregnancy leaves twenty-four for weaning, fulfilling the total mentioned by Allah. The lineage attaches because the slave woman becomes fertile ground (farash) through coitus, similar to a wife, supported by the Prophet's saying, "The child belongs to the fertile ground (al-walad lil-farash)."
Supporting text
If the master denies paternity of a child born from his slave woman when paternity is possible, the lineage is affixed to him, and he cannot deny it based on the saying of Umar that such women must be safeguarded against denial. However, if the master claims he practiced Istibra' (seeking purity of the womb) and the child was born six months after that period, the lineage may be negated. There are two differing opinions on whether the master must swear an oath concerning this claim.