What is the status of a child born to a contracted female slave (*Mukatabah*) from someone other than her master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a child is born to the Mukatabah, whether through a valid marriage or otherwise, the child follows her status and remains suspended on the condition of her manumission. If she is freed through full payment or absolution, the child is freed. If her contract is nullified and she reverts to slavery, the child also reverts to slavery. This is the opinion of Shurayh, Malik, Abu Hanifah, al-Thawri, and Ishaq. This applies equally to a child conceived while the contract was active and one conceived thereafter.
Supporting text
Abu Thawr and Ibn al-Mundhir hold that the child is a permanently enslaved person (*'abd qan*) and does not follow the mother. Al-Shafi'i has two differing opinions equivalent to the two established legal schools. Their evidence is that the *kitabah* is not binding on the slave from her side, so it does not extend to the offspring, similar to stipulations attached to a condition (*ta'liq bi-sifah*). Our evidence is that *kitabah* is an established cause for manumission that cannot be voided, so it extends to the child, similar to *istilad* (a master acknowledging offspring through cohabitation). It differs from conditional stipulations because the master can void that through selling.