What is the legal implication if a manumitted slave (*Mukatab*) has children by a freedwoman (*mu'ataqah*) who is not the slave of his master, and the master claims the *Mukatab* has fulfilled his obligation and is free, thereby claiming the paternity/loyalty (*wala'*) of the *Mukatab's* children?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the *Mukatab* is alive, he becomes free based on his master's declaration, as it constitutes an admission of his freedom, and the *wala'* of his children transfers to the master. If the *Mukatab* is deceased, the declaration of the mother's master prevails, because the default status is slavery, and their continued loyalty to him is assumed; thus, the mother's master must swear an oath to maintain the *wala'* of the children.