What is the status of offspring born to a female Mudabbara after the designation was made?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the offspring existed at the time of designation (proven by birth less than six lunar months after the designation), the child is included in the Tadbir without scholarly disagreement, as the child is considered an extension of the mother. If the Tadbir is voided concerning the mother (due to sale, death, or revocation), it does not void the child's Tadbir, as the right was established in the child originally. If the child is conceived after the designation, the child follows the mother's status regarding Tadbir and is freed upon the master's death, according to the majority of scholars, including Ibn Mas'ud, Ibn Umar, Sa'id ibn al-Musayyib, Al-Hasan, Al-Qasim, Mujahid, Al-Sha'bi, Al-Nakha'i, Umar ibn Abd al-Aziz, Al-Zuhri, Malik, Al-Thawri, Al-Hasan ibn Salih, and the Ahl al-Ra'y.
Supporting text
Al-Qadi narrated from Hanbal that Imam Ahmad held that the offspring of a Mudabbara is a slave unless the master stipulated otherwise, implying the child does not follow the mother into freedom upon the master's death. This view is attributed to Jabir ibn Zayd and 'Ata'. Al-Shafi'i holds two differing opinions, one aligning with the majority view (following the mother) based on the analogy that the freedom is suspended upon a condition established by the master's statement, similar to suspending freedom upon entering a specific dwelling. Another view aligns with the minority position.