even if it were established that it increased, the ruling would not be established by this increase, as evidenced by the case where he owns her while she is pregnant from an act of adultery by him, or from someone else, and he has intercourse with her; she does not become an umm al-walad, even if the child increases by it. And because the ruling of istilad is only established by consensus for the one whom he made pregnant while in his possession, and whatever is other than that is not in its meaning, nor is there any text or consensus regarding it, so it is necessary that this ruling not be established. And because the base principle is slavery, it remains upon what it was.

Section: Ahmad (may Allah be pleased with him) said regarding someone who purchases a slave girl pregnant by someone else and has intercourse with her before she gives birth: 'The child does not belong to the purchaser, nor may he sell him, but he emancipates him, because he has shared in him; because the fluid increases the child.' It is narrated from Abu al-Darda', from the Prophet (peace and blessings of Allah be upon him), that he passed by a woman who was heavily pregnant (mujih) at the door of a tent and said: 'Perhaps he intends to approach her?' They said: 'Yes.' The Messenger of Allah (peace and blessings of Allah be upon him) said: 'I had intended to curse him with a curse that would enter with him into his grave; how can he inherit from him while he is not lawful for him! Or how can he employ him as a servant while he is not lawful for him!' Narrated by Abu Dawud. He means: if he claims his lineage and makes him a partner in his inheritance, it is not lawful for him, because he is not his child. And if he takes him as a slave to employ, it is not lawful for him, because he has shared in him due to the fluid increasing the child.

Section: If a man has intercourse with the slave girl of his child, and if he has taken possession of her and assumed ownership, and the child had not had intercourse with her, nor had he any need for her, then the father has taken possession of her by that and she has become his slave girl, and the ruling regarding her is the same as the ruling regarding his slave girl whom he owned by purchase. If he has intercourse with her before taking possession of her, he has committed a forbidden act; for Allah the Almighty said: "And they who guard their private parts, except from their wives or those their right hands possess, for indeed, they are not to be blamed. But whoever seeks beyond that, then those are the transgressors." (Al-Mu'minun: 5-7). She is neither his wife nor a possession of his right hand. If it is said: 'But the Prophet (peace and blessings of Allah be upon him) said: "You and your wealth belong to your father."