What is the legal status of a female slave who bears a child to her master?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a female slave bears a child to her master, she becomes an 'Umm Walad' (mother of his child), regardless of whether the intercourse was conditional or unconditional. This status is established because she became pregnant through a master-slave relationship within his ownership, similar to a non-manumitted slave. The resulting child is free because he is the offspring of the master from his female slave, and lineage is legally established with the father. Furthermore, since the penalty (hadd) for the sexual act is waived due to the suspicion involved (shubahah), this resembles the status of the offspring of a deceived person.

Supporting text

The master is not obligated to pay the value ('qimah') of the 'Umm Walad' because she delivered the child while within his domain of ownership.