When must the ransom payment for the children be made?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The ransom obligation is due at the time of the child's birth. This was judged by Umar, Ali, and Ibn Abbas (may God be pleased with them) and is the view of Ash-Shafi'i. The basis for this is that the child's freedom is judged at birth, and their enslavement was forfeited from that moment. Since any value increase after birth was not owned by the mother's master, that subsequent increase is not guaranteed.
Supporting text
Abu Thawr, Ath-Thawri, and the People of Opinion argue that the father is liable for their value on the day of litigation, as the guarantee only applies upon prevention, which occurs during the dispute. A counterargument notes that while freedom was judged when the child was a fetus, guaranteeing payment was impossible then due to lack of established value and awareness; thus, the obligation is set at the first feasible time, which is birth.