Is the offspring of a female slave freed conditionally freed if the mother is freed?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 2 · Bab 1

Open in Qurani

Primary text

The primary legal position holds that the offspring is not freed when the mother is freed under a condition. This is because the owner possesses full ownership rights over the mother, permitting all forms of disposition over her legal entity without dispute. Therefore, freeing the mother does not automatically free her offspring, similar to cases where manumission is willed or delegated. This situation differs from the Mudabbara, where the manumission is considered more binding ('Akad') due to established legal principles, leading to differing views on the permissibility of selling or otherwise disposing of a Mudabbara slave.