What is the ruling concerning the status of a *mukataba* who becomes pregnant by one of her two co-owners?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the offending partner is insolvent, the pregnancy is not validated (*isra*) because it is likened to manumission by declaration, where solvency is considered for its effect. The offending partner's share acquires the status of *istilad* (right of motherhood), while his partner's share retains only the status of *kitaba* (manumission contract). If she pays the remaining installments to both, she is fully manumitted, and the ruling of *istilad* is nullified. If she fails and the contract is dissolved, half her share acquires the status of *istilad*, and the other half becomes a slave whose servitude does not transfer to the heir, even if the first partner was solvent, as he did not manumit that half.
Supporting text
If the offending partner dies before she fails to pay her installments, his share is manumitted, the *kitaba* ruling on that half ceases, and the remaining half remains under the *kitaba* contract. If the offending partner was solvent, half her share acquires the status of *istilad*, and the other half remains suspended. If she pays the full amount owed to both, she is entirely manumitted, and her loyalty (*wala'*) belongs to both. If she fails and the contract is dissolved, she is valued against the offending partner at that time; he pays his partner the value of his share, and she becomes entirely an *umm walad* to him. If he dies, she is manumitted upon his death, and her loyalty belongs to him. This is the position of Al-Shafi'i, who also holds an alternative view where she is valued against the solvent partner, the *kitaba* on the partner's half is voided, and she becomes entirely an *umm walad* with half being contracted for manumission to the offending partner; if she pays his due share, she is fully manumitted, and the manumission extends to the rest because he now owns all of her. If she fails, the contract is dissolved, and she becomes solely an *umm walad* to him, and upon his death, all of her is manumitted.