Is the *Umm Walad* (mother of the master's child) guaranteed for wrongful seizure (Ghasb)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The *Umm Walad* is guaranteed for wrongful seizure. This position is held by Al-Shafi'i, Abu Yusuf, and Muhammad. The basis for this ruling is that anything guaranteed for its value is guaranteed upon wrongful seizure, analogous to a slave (*Qinn*). Furthermore, since the *Umm Walad* is owned property, she is analogous to a *Muddabarah* (a slave designated for manumission upon the master's death), whereas a free woman is neither owned property nor is she guaranteed for her value.

Supporting text

Abu Hanifa holds that the *Umm Walad* is not guaranteed because she does not equate to general property. The evidence provided is that the rights of creditors do not attach to her, thereby likening her status to that of a free woman.