What is the prescribed method for ransoming the children?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

The primary obligation is payment based on their monetary value. This is the view of the majority of jurists, supported by the Prophetic saying, 'Whoever frees a share of a slave, his partner's share must be assessed in value for him.' Since livestock are valued items (*mutaqawwamat*) and not homogenous like measures or weights, their guarantee must be by value, similar to if they were destroyed.

Supporting text

A second view mandates giving a substitute slave of equal gender (male for male, female for female), based on a ruling by Umar concerning a dispute involving the child of an enslaved woman. This suggests the child of one deceived into marriage is free and should not be valued like other guaranteed items. A third position, adopted by Ahmad in one narration and supported by Abu Bakr, allows the father the choice between providing a substitute of equal standing or paying their monetary value. The correct ruling is the guarantee based on monetary value, aligning with other guaranteed valued items.