What is the legal status of a child born to a slave woman outside of a valid marriage (nikāḥ) or illicit cohabitation (sifāḥ)?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
The child of a slave woman is considered a slave, whether the child is from a valid marriage or from illicit cohabitation, and whether the husband was Arab or non-Arab. This is the saying of the majority of jurists.
Supporting text
There is a narration from 'Umar stating that if her husband was Arab, his child is free, and the father owes compensation (qīmah) but no walaa' is established. This view is attributed to Ahmad, Ibn al-Musayyib, ath-Thawrī, al-Awzā'ī, and Abū Thawr, and was the initial position of Shafi'i, though he later recanted it. The first ruling is preferred because the mother was a slave, so the child is a slave, similar to the case where the father was non-Arab.