What is the ruling on the *Kitaba* contract if a master fathers a child with his *Mukataba* (making her an *Umm Walad*)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the master fathers a child with his *Mukataba*, the child is free because he is from his slave woman, and lineage is established. The child's value is not due, and she becomes an *Umm Walad* to him. Her *Kitaba* contract is not voided because it is a binding contract from the master's side. Both the *Kitaba* and *Istilad* (fathering a child) lead to manumission, and whichever occurs first establishes freedom. This is the position of Al-Zuhri, Malik, Al-Thawri, Al-Layth, Al-Shafi'i, the Ashab al-Ra'y, and Ibn al-Mundhir.
Supporting text
Al-Hakam stated that the *Kitaba* is voided because *Istilad* is a cause for manumission, thus superseding the *Kitaba* like *Tadbir* (a declaration that a slave will be free upon the master's death). The argument against this is that *Kitaba* is a contract of exchange and is not voided by intercourse, unlike *Tadbir*, which is a gift. Furthermore, the *Kitaba* is binding and irreversible, while *Tadbir* is revocable, showing the *Kitaba* is stronger.