What is the legal status of a concubine impregnated by a mukātab before his manumission, and can she be sold?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the concubine gives birth before the mukātab achieves manumission or defaults on his contract, she becomes an Umm Walad (mother of his child) to the mukātab. She cannot be sold because her child carries the sanctity of freedom. She is freed upon the manumission of her child's father. Therefore, her sale is prohibited, and her status is contingent upon the mukātab: if he is freed, she becomes his Umm Walad; if he reverts to slavery, she reverts to slavery.
Supporting text
The position of Al-Qadi is that she never becomes an Umm Walad and can be sold because she became pregnant by a slave whose ownership was incomplete.