What is the legal status regarding servitude ('Riq') when a man frees one of his female slaves and subsequently has intercourse with one of them?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a man frees one of his female slaves and subsequently has intercourse with one of the remaining slaves, the specific slave subject to servitude ('Riq') is not determined by this act of intercourse. This is the position held by Abu Hanifa. The basis for this ruling is established in prior discussions concerning the fundamental principles involved.
Supporting text
Al-Shafi'i holds that the specific slave subject to servitude is determined by the act of intercourse, as freedom is determined by the intent of the master, and intercourse indicates this intent. Furthermore, since only one slave was freed, the specific slave subjected to servitude cannot be determined by the act of intercourse, analogous to the case where one slave is freed, but the master forgets which one.