Does a man's illegitimate son, whom he later acquires, become his freed slave upon acquisition?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

The apparent view of Ahmad is that the illegitimate son does not become freed upon acquisition by the father. This is because the legal effects of filiation are not established for this son, specifically inheritance, حجب (blocking inheritance), mahramiyyah (prohibited degrees for marriage), the obligation of maintenance, and the establishment of wala' (allegiance/patronage).

Supporting text

There is an alternative view suggesting that the son should be freed because he is essentially a part of the father. Furthermore, the ruling prohibiting marriage between them is established. This analogy is supported by the fact that if a master acquires a son who differs in religion from him, the son is freed upon acquisition, despite the absence of the previously mentioned legal effects.