Whose statement prevails in a dispute over the parentage of a child born to a slave woman who was married to her *mukatab* (partially freed slave) and subsequently sold to him?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a master marries his *mukatab* to his female slave, then sells her to the *mukatab*, and they dispute the parentage of the child: if the master claims the child was born before he sold her to the *mukatab*, and the *mukatab* claims it was born after the sale, the word of the *mukatab* prevails upon his oath. This is because the child is currently in the *mukatab's* possession (ownership), and possession dictates the ruling for movable property, similar to other assets. This case differs from the child of a *mukatabah* because in this scenario, the *mukatab* is claiming ownership over the child, whereas the *mukatabah* was claiming status affecting ownership.