the slave girl to be an umm al-walad in these situations under any circumstances. There is, however, another view that if he acquires ownership of her after that, she becomes an umm al-walad. We have already mentioned the disagreement regarding that in the issue preceding this one. The purpose of mentioning these conditions here is to establish the ruling when they are met; as for its negation when they are absent, that is mentioned in its own separate issues.

The third condition is that she delivers what has some manifestation of human formation, such as a head, a hand, a leg, or a delineation, whether she delivers it alive or dead, and whether she miscarries it or it is fully formed. Umar ibn al-Khattab (may Allah be pleased with him) said: "If a slave girl gives birth by her master, she has attained freedom, even if it is a miscarriage." Al-Athram narrated with his chain of transmission from Ibn Umar that he said: "Her child has freed her, even if it is a miscarriage." Al-Athram said: "I asked Abu Abd Allah (Ahmad ibn Hanbal): 'Does an umm al-walad not become free if she miscarries?' He replied: 'If a hand, a leg, or anything of its formation is manifest in it, then she has attained freedom.'" This is the opinion of al-Hasan and al-Shafi'i. Al-Sha'bi said: "If it has developed into the fourth stage of creation and was formed, it terminates the 'iddah (waiting period) of a free woman, and the slave girl is freed by it." I know of no disagreement on this among those who hold that the ruling of istilad (claiming the child) is established.

As for if she casts a nutfah (drop of semen) or an 'alaqah (clot of blood), no ruling of childbirth is established by it, because that is not a child. Yusuf ibn Musa narrated that it was said to Abu Abd Allah: "What do you say regarding a slave girl if she casts a mudghah (embryonic lump) or an 'alaqah?" He said: "She is freed." This is the opinion of Ibrahim al-Nakha'i. If she delivers a mudghah in which no part of human formation is apparent, but reliable midwives testify that there is a hidden form in it, the rulings are connected to it, because they have perceived the form that was hidden from others. If they do not testify to that, but it is known to be the beginning of human formation—either by their testimony or otherwise—there are two narrations regarding it. The first is that the slave girl does not become an umm al-walad by it, the 'iddah of a free woman does not terminate by it, and the perpetrator who destroys it is not liable for the ghurrah (compensation) nor the kaffarah (expiation). This is the apparent meaning of the words of al-Khiraqi and al-Shafi'i, and the apparent meaning of what al-Athram reported from Ahmad (may Allah be pleased with him), and the apparent meaning of the opinion of al-Hasan, al-Sha'bi, and all those who stipulated that something of human formation must be manifest in it; because nothing of human formation was apparent in it, so it is similar to the nutfah and the 'alaqah.

The second (narration) is that the four rulings are connected to it, because it is the beginning of human formation, making it similar to when it is manifest. Abu Abd Allah ibn Hamid extracted a third narration, which is that the slave girl becomes an umm al-walad by it, but the 'iddah of a free woman does not terminate by it; for it was narrated from Ahmad (may Allah be pleased with him) regarding a slave girl if she delivers and the midwives touch it and know it is flesh, even if its flesh is not manifest: one acts with precaution in the 'iddah by (waiting) another (period), and acts with precaution regarding the freedom of the slave girl. The apparent meaning of this is that he ruled for the freedom of the slave girl but did not rule for the termination of the 'iddah; because the freedom of the slave girl is obtained for the sake of freedom, so precaution is taken to achieve it, whereas the 'iddah involves the prohibition of marriage and the sanctity of the private parts, so precaution is taken to preserve it. Some Shafi'is said the opposite: the 'iddah is not obligatory, and the slave girl does not become an umm al-walad; because the original state is the non-existence of both, so it remains upon its original state. But this is not correct; because the 'iddah was established, and the original state is its continuation upon what it was, and the original state regarding a human is freedom, so we prioritize that which leads to it. And Allah knows best.

2015 - Issue: He said: "And when he dies, she has become free, even if he does not possess anything else."

He means that the umm al-walad is freed from the capital of the estate, even if he does not possess anything else. This is the opinion of everyone who holds the view that they are to be freed; we know of no disagreement among them regarding this. It makes no difference whether she conceived during his health or his illness; because that results from his pleasure and desire, and things he consumes for his pleasures and desires are the same in the state of health and illness, like what he eats and wears; and because her freedom is after death, and what occurs after death is equal in health and illness, such as settling debts, tadbir (conditional manumission), and wills. We know of no disagreement on this among...