Is the sale of either the contractually obligated slave or their child separately, or selling them to different buyers, valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The sale of either the mother or the child separately, or selling one to one person and the other to a different person, is invalid. This prohibition is based on two reasons: Firstly, separation between the mother and her child in sale is impermissible until the child reaches maturity, according to one narration. Secondly, the child is considered subordinate to the mother, whose earnings the child possesses, and upon whom the mother's maintenance rests. Thus, the child is considered in the legal status of being her property, making separation impermissible.
Supporting text
It is plausible that separating them becomes permissible if the child has reached maturity, as the child then becomes a separate subject of sale where disposition from the owner is effective. In such a case, the child remains with whomever they were sold to, retaining their earnings, the liability for any injury inflicted upon them, and the mother remains responsible for their maintenance. The child is freed upon the mother's manumission, similar to if they had been sold separately.