What is the ruling on a man who purchases a slave woman pregnant by him, regarding her status as Umm Walad?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The apparent view from Ahmad is that she becomes an Umm Walad if he owns her while she is pregnant, aligning with the madhhab of Malik, because she gives birth to his child while under his ownership, paralleling the case where he impregnated her while owning her. This is supported by the statement of 'Umar, who considered the mixture of blood and flesh through coitus as the basis for emancipation. This mixing is considered present because the semen contributes to the fetus, and the freedom of a part (the fetus) affects the freedom of the whole (the mother), similar to when a partner frees his share of a slave.
Supporting text
Contrary views exist: one narration from Ahmad suggests she does not become an Umm Walad unless she conceives from him while in his ownership. Another report from his son Salih indicates she is not an Umm Walad if he marries her, she gives birth, and then he buys her. If he impregnates her after purchase while she is pregnant from him, she becomes an Umm Walad if the intercourse occurs early in the pregnancy, based on the rationale that intercourse enhances the fetus. However, if the intercourse occurs after the fetus is substantially formed (five months or after 'the bloods have mixed'), she does not become an Umm Walad according to Al-Qadi. Some scholars, like Ibn Hamid, hold that impregnation at any stage of pregnancy following the purchase establishes her status as Umm Walad due to the enhancement of the child. Al-Kharqi's position implies she only becomes an Umm Walad if she conceives from him while under his ownership, as this is the condition where the child's freedom is established, unlike conception prior to ownership.