Is sexual intercourse permitted with the daughter of a female slave designated for manumission ('Umm Walad' status implied by context of *kitabah*)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Sexual intercourse with the daughter of a female slave designated for manumission (*kitabah*) is not permissible. This prohibition is because the daughter is considered subsidiary to her mother and bound to her status; thus, the daughter's intercourse is prohibited just as the mother's is. Stipulating permissibility at the time of the contract is invalid because the ruling of manumission followed her secondarily, and intercourse with her was not permissible at the time of the contract, even with a condition permitting it.
Supporting text
If intercourse occurs, no Hadd punishment is due because the daughter is the property of the man. However, he incurs sin (Ithm) and receives discretionary chastisement (Ta'zir) because he engaged in intercourse with a forbidden intimacy. He is obligated to pay her Mahr (dower), which is treated as her earning and goes to the mother to aid in her manumission process.