What is the effect on the child if the contracted female slave (*Mukatabah*) dies while under her contract?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the Mukatabah dies while under her contract, the contract is voided, and the child reverts to being a permanently enslaved person, unless she left assets sufficient for the fulfillment of the contract, in which case there are two differing opinions regarding the outcome for the child.
Supporting text
If the master frees the Mukatabah, her child is not freed because the child only followed her status in the ruling of manumission through fulfillment (payment). Her manumission occurred through an act that does not transfer to the child (the master's freeing her). Therefore, the child remains as if she were not contracted. The correct view among our companions who state her contract is voided upon her manumission implies that the child reverts to slavery. Our view suggests the child remains under the ruling of the contract and is freed upon payment, as the contract was not invalidated; the necessity of payment was removed because freedom was attained without it. If she had no child following her in the contract, nor assets in her possession to seize, the effect of the contract remaining would not be apparent, and since there is no benefit in its continuation, it ceases to exist. In our current case, there is benefit in its continuation because it leads to the manumission of her child, so it should remain.