Do the offspring of a female Mukatabah follow her status under an invalid contract?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There are two views presented by Al-Khattab. The first is that the offspring follow her because it is a Mukatabah where manumission occurs by payment, leading to the manumission of her offspring, similar to a valid Mukatabah.
Supporting text
The second view, considered sounder and more appropriate (aqwas), is that the offspring do not follow her. This is due to the principle that the default status of slavery remains unless there is an explicit text or a meaning of a text establishing manumission, neither of which exists here. It is incorrect to draw an analogy to the valid Mukatabah due to the established differences between the two types of contracts; therefore, the default rule of servitude persists.