Is Qisas obligatory upon an Umm Walad who intentionally kills her master when they have no child together?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
If an Umm Walad kills her master intentionally, and she has no child by him, Qisas is obligatory upon her for the heirs of her master. If she has a child by him who is the sole heir, no Qisas is incumbent upon her because if it were obligatory, it would be for her son, and Qisas is not obligatory from a child against their mother. Imam Ahmad paused concerning this matter in one narration, suggesting the issue be left aside. The sound opinion according to the methodology is that no Qisas is due, and she must pay the value of her person as atonement, similar to when some beneficiaries of Qisas forgive their share, in which case the remaining obligation is converted to monetary compensation.
Supporting text
If the master has other children from other women, Qisas is still not obligatory because the right of her child to Qisas is negated, causing the entire obligation to fall away. One narration from Imam Ahmad suggests that the master's other children should execute her (Qisas), but this contradicts the established principles of the Madhhab.