What is the ruling regarding the child of a female slave whose emancipation is suspended upon a condition, when the child is born before the condition is met?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a female slave whose manumission is suspended upon a condition is pregnant, her offspring follows her in that condition because the child is considered a limb of the mother. If the mother gives birth before the condition is met, and the condition is subsequently met, the child is freed. This is because the child is a dependent of the condition, analogous to being present in the womb at the time the condition was established.
Supporting text
If the slave was not pregnant at the time of suspension, but became pregnant when the condition was met, both she and her fetus are freed, as the emancipation took effect while she was pregnant, meaning the child follows her as if the emancipation were immediate.