What is the legal status of the child born from the slave girl in the case of disputed conception when masters are insolvent?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There are two primary opinions regarding the child. The first holds that the child is born free, and each master claims half the value of the child from the other. In this case, if the values are equal, they cancel out (Taqas) with no oath required. The share of the slave corresponding to the deceased master is freed, and the mastership (Wala') belongs to his heirs. The second opinion holds that half the child is free, and each master acknowledges that half the child is owned by his partner, resulting in joint ownership of the child without the need for an oath.
Supporting text
Under the first opinion concerning the child's freedom, if one master is solvent and the other insolvent, the solvent master acknowledges half the dower, half the child's value, and half the dower owed to the insolvent master, while claiming the full dower and child's value from him. The insolvent master acknowledges half the dower and half the child's value to the solvent master. The solvent master's admission of half the slave's value to the insolvent is dropped as he does not claim it. Dower claims cancel out due to equality. The insolvent must pay the solvent half the child's value based on admission and must swear an oath on any claimed excess. The solvent master must also swear an oath regarding the half-value of the child claimed by the insolvent.