What is the legal status of a female slave (umm walad) upon whom two masters claim to have sired a child first?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If two masters each claim to have impregnated a female slave first and agree on who was first, according to the opinion of Al-Khiraqi, she becomes an *umm walad* (a bondswoman whose master has acknowledged her child as his own) to the first master, and her child is considered legitimately born to him and free. This situation is governed by the same rules as if one master alone had impregnated her. However, regarding the second master who engaged in sexual relations with her subsequently, he has engaged in intercourse with another's *umm walad* under a misconception (*shubhah*). Consequently, she does not become his *umm walad*. He owes her dower because the contract of manumission (*kitabah*) was not nullified. Her child is free due to the intercourse under misconception. The second master owes the first master the value of the child, as he deprived the first master of the right to keep the child as a slave. The value is assessed on the day of birth, as this is the first point at which valuation is possible. If the obligation to pay half the value to the first master is accepted, an offsetting calculation (*taqas*) is performed based on what each owes the other in the part where their claims equate, and the party with the surplus receives the difference.
Supporting text
The view of Al-Qadi presents four scenarios. In the first, if both masters are solvent, the ruling is as above, but Al-Qadi holds that the second master owes the dower payment to the first master. This view is rejected because the *kitabah* is not voided by the impregnation, and the dower belongs to the bondswoman herself, not her master. Furthermore, if the first master had relations with her, he would owe the dower to her, so it is more fitting that he does not own the dower owed by another. The dower is compensation for her benefit, belonging to her like her wages.