Is the father obligated to ransom the children born to his enslaved concubine?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The father is obligated to ransom his children born to an enslaved mother. This was the ruling established by Umar, Ali, and Ibn Abbas (may God be pleased with them). This is the position held by Malik, Ath-Thawri, Ash-Shafi'i, Abu Thawr, and the People of Opinion (Ahl al-Ra'y). The obligation stems from the ruling of the Companions and because the child represents an increase (*nama'* - offspring) of the enslaved mother, thus belonging to her owner. The father forfeited their enslavement by believing them to be free, necessitating a guarantee for their value, similar to when he forfeits their status through his actions.
Supporting text
Another narration from Ahmad states that he is not obligated to ransom them because the child originates as free and the father did not take ownership of him through the mother's master. A third perspective suggests he is given the choice: either ransom them or leave them as slaves, based on the understanding that they are slaves by original status but their freedom was established by subsequent belief.