What is the legal status of the child born to a female slave who has entered into a contract of *Kitabah* (manumission contract) through her daughter?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The child of a manumitted female slave's daughter follows the legal status of the mother (the daughter). This is because the daughter has the same ruling as her mother. This view is held by Al-Shafi'i. The evidence is derived from the established principle that the daughter inherits the status of her mother; since the daughter is a dependent of the mother regarding the *Kitabah*, her child must follow her dependency. Furthermore, the right to manumission is attached to the daughter, so it must extend to her offspring, similar to the *Kitabah* contract.

Supporting text

Abu Hanifa holds that the *Kitabah* does not extend to the child because extension (*Sirayah*) only occurs with direct physical connection, and this child is separate. He uses the analogy that the child of an *Umm Walad* (a female slave who has borne her master a child) before she achieves that status does not have the status extended to him, and this child is connected to the mother, not the grandmother.