What is the ruling when the manumission (Ataq) of a female slave is made conditional upon a characteristic or event?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the male slave owner made the manumission of his female slave conditional upon a certain characteristic (sifah), the ruling depends on the timing of her pregnancy relative to the condition being met. If she was pregnant at the time the condition was attached, the fetus follows her in the manumission because the fetus is considered a part of her body. If she became pregnant at the time the condition for manumission was established, the fetus is freed along with her due to that event. If she became pregnant after the condition was attached but gave birth before the condition was actually met, the offspring does not follow her in the manumission, and it is not freed upon the fulfillment of the condition.
Supporting text
There is another opinion suggesting that the fetus is freed by virtue of the mother's manumission, following her in that respect, similar to the case of a 'Mudabbara' (a slave designated for freedom upon the owner's death). The supporting argument is that the fetus acquired the right to freedom, thus following its mother, like the Mudabbara.