What is the ruling when a man claims that a female slave in his possession is the mother of his child, and that the child is his son born from her while she was under his ownership?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man claims that a female slave in his possession is the mother of his child, and that the child born from her while she was in his ownership is his son, and he supports this claim with one male witness and two female witnesses, or with one male witness and an oath, judgment is ruled in his favor regarding the female slave. This is because the mother of the child (Umm Walad) is his property, allowing him to have relations with her, rent her out, or marry her. The status of Umm Walad is established by his own admission because his admission is effective concerning his property. Ownership of the slave is established by the testimony of one male and two female witnesses, or one male witness and an oath. However, judgment is not ruled in his favor concerning the child's paternity because he is claiming lineage, which cannot be established by such testimony. He is also claiming the child's freedom. Consequently, the child remains under the possession of the claimant (the defendant in the initial claim) as property belonging to him.

Supporting text

There is a second opinion attributed to Al-Shafi'i stating that the claimant should take both the female slave and the child, and the child is considered his son, based on the principle that whoever establishes ownership of the principal property also establishes ownership of its increase (the child being the increase). Similarly, Abu Al-Khattab narrated two narrations from Ahmad Ibn Hanbal that align with the two opinions of Al-Shafi'i.