What is the legal status of the children born to a man who fraudulently married a woman while he was a slave?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the deceived husband was a slave, his children born from that marriage are considered free. This is because the sexual intercourse occurred under the belief of the wife's freedom, thus establishing freedom for the offspring, similar to the child of a free man. The determining factor for the child's freedom is the status of the mother, not the father, evidenced by the child of a free woman and a slave being free, and the child of a slave woman and a free man being a slave.
Supporting text
The freedom of the children necessitates a ransom payment (*fidya*) from the formerly enslaved husband because his actions and belief caused the loss of their slavery status. There are differing views on whether this ransom is immediately tied to his person like a direct physical harm (*jinayah*) or if it becomes a debt upon his solvency to be paid after his manumission. The latter view is favored as he did not commit a direct physical harm against the children, but rather their freedom resulted from a legal ruling.