Can captors acquire ownership of a Mudabbar or an Umm Walad taken captive?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The primary opinion dictates that since compensation is due for a Mudabbar and an Umm Walad, they are subject to acquisition by the captors, similar to a standard enslaved person. If ownership is established, once they are divided or purchased by someone, their original master cannot reclaim them except by paying the price.
Supporting text
An alternative view suggests that the Mudabbar may be owned, but not the Umm Walad, as ownership transfer is invalid for the latter, and no one other than her master can claim rights over her. Al-Zuhri stated that the master of the Umm Walad takes her back for a fair value. Malik stated that the Imam redeems her; if he does not, her master takes her back for fair value, preventing her from being legalized for someone whom she is not permissible for. Those who negate ownership state they revert to their prior status, like a free person, and if purchased, the ruling is as if a free person were purchased.