What is the legal status if both masters are insolvent when impregnating the same female slave under misconception?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If both masters are insolvent, she becomes an *umm walad* to both of them concurrently: half being *umm walad* to the first, and half *umm walad* to the second. Each master owes half of her dower to the other. Concerning the child, there are two views. The first view holds that the entire child is free, and half of his value is owed by the father (each) to his partner. The second view states that half the child is free, and the remaining half is enslaved to the partner. This is because the half of the child corresponding to the enslaved half of the mother (who is half *umm walad* to the partner) is also enslaved as a dependent upon that part of the mother. If the contract of manumission remains valid, each master owes her the full dower. If half the child is ruled enslaved, that half must follow the status of the corresponding half of the mother regarding the *kitabah*, as the child of a *mukatabah* is secondary to her status.
Supporting text
If the ruling suggests enslavement of half the child, it implies that Al-Qadi intended the scenario where the woman's contract is dissolved due to incapacity (*faskh*). If the *kitabah* remains, she is owed the full dower by each master.