If the child of a Mukatabah dies while the mother is still under contract, to whom does the indemnity value belong?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The indemnity value belongs to the mother, to assist her in fulfilling her *kitabah*. This is because the master has no right to dispose of the child while he is a slave, so he does not deserve the indemnity value. The child is analogous to a part of her being; if harm were done to a part of her, the indemnity belongs to her, and similarly for her child. Since the master does not deserve it, it belongs to the mother, as the right cannot leave them both. Furthermore, if she were to own the child through a gift or purchase, the value would belong to her, so it should be the same when the child follows her status. This is confirmed because when the child follows her status, his ruling becomes hers, meaning the master gains no right over the child's earnings or the indemnity for harm done to the child, just as he has no such right over her parts.
Supporting text
Al-Shafi'i, in one of his opinions, holds that the value belongs to the master, because if the child were killed, the value would belong to the master, so the child should be similar. However, the distinction is that the *kitabah* contract is nullified by the killing of the mother, making her property belong to the master, which is not the case with the child, as the contract remains after the child's death, analogous to damaging some of her limbs. The ruling for damaging some of her limbs is the ruling for damaging the child.