Status of offspring born to a purchased pregnant slave woman when the buyer has intercourse with her before delivery.

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man purchases a pregnant slave woman from another person and has intercourse with her before she delivers, the resulting child does not belong to the purchaser, nor can the purchaser sell the child. The purchaser is obligated to emancipate the child because he shared in the lineage through his seminal fluid contributing to the child's formation. Evidence supporting this prohibition comes from a narration where the Prophet, peace be upon him, saw a pregnant woman at a tent entrance and was informed a man intended to have relations with her. The Prophet stated his intent to curse that man deeply because inheriting from the child would be unlawful for him as it is not his offspring, and using the child as a slave would also be unlawful since he shared in its creation via his semen.

Supporting text

The ruling implies that if the purchaser claims lineage to the child (stilhāq) and shares in its inheritance, this is unlawful because the child is not truly his offspring. Furthermore, using the child for service as a slave is unlawful because the purchaser participated in its creation via semen.