What is the basis for affirming the *istilad* status over the entire slave when the father is a co-owner?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The basis is that the child originates from the entirety of the slave, and the paternity is established entirely from the offending partner. Therefore, the consequence (*istilad*) must be established for the entirety of the slave. This differs from simple manumission, which is considered weaker, as previously explained.
Supporting text
The basis for maintaining the *kitaba* contract despite the valuation is that it is a binding contract and is not voided by an action emanating from the offending partner, just as if he had intercourse with her while she was solely in his ownership or if she had not become pregnant by him. The child is free because the intercourse involved a doubt (*shubha*), and his lineage attaches to the father. Furthermore, the offending partner is not liable for her value because she gave birth while in his ownership interest.