What is the ruling regarding offspring born to a female slave before the designation (Tadbir) was made for her?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
There is no known disagreement that offspring existing prior to the designation do not follow the mother into freedom via Tadbir. This is because such offspring do not follow the mother in immediate manumission (itq munajjaz), the ruling of Umm al-Walad, or in writing for freedom (Kitabah). Therefore, they certainly do not follow in Tadbir. Imam Ahmad explicitly stated that only offspring born after the designation follow the mother.
Supporting text
Hanbal reported his uncle stating that if a man designates a female slave who has children, the children are with her. Abu al-Khattab considered this a narration supporting that prior offspring follow, but this interpretation is considered distant, as the clear position of Imam Ahmad is that only post-designation offspring follow the mother.