What is the legal consequence when two masters claim to have been the first to impregnate a female slave (Jariya)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If two masters dispute who was the first to impregnate a female slave, each master is liable for the full dower (Mahr) to the other. Furthermore, each master is considered to have acknowledged that half the value of the slave belongs to the other partner because each asserts that the slave became an 'Umm Walad' (a slave mother of the master's child) through his act, obligating him to pay his partner half her value. Simultaneously, each claims the full value of the resulting child from the other, based on the premise that the child was born after the slave became his 'Umm Walad'. If the admitted amounts balance what is claimed, they cancel each other out (Taqas), and neither party requires an oath from the other, as they are claiming equal amounts of the same type of debt. If the admitted amount is greater than what is claimed, the admission is disregarded because the opponent denies it. If the claimed amount is greater, the claimant must swear an oath regarding the excess. Upon the death of either master, the slave gains the status of 'Umm Walad' concerning each master's share due to the prior acknowledgment, but the affirmation of one master's manumission of his share is not accepted against the other partner.
Supporting text
There is a difference of opinion regarding the status of the slave mother (Umm Walad). Abu Bakr suggested casting lots between them; the outcome determines whose property she becomes as an 'Umm Walad'. Alternatively, she remains jointly owned by both, and neither may have intercourse with her. The jurist prefers the lot-casting opinion.