one from among the people of her religion. And since the foundation for the emancipation of ummahat al-awlad is based on the statement of Umar (may Allah be pleased with him), and he did indeed make this statement, it is fitting that the emancipation should be specific to the Muslim, chaste woman, rather than the disbelieving, harlotrous woman; due to the absence of the evidence by which their emancipation was established. And Allah knows best.
2016 - Issue; He said: (And when the slave girl becomes an umm walad, [by what we have described, then delivers] from other than him, he [the child] has her ruling regarding emancipation upon the death of her master.)
The sum of this is that when an umm walad gives birth after the ruling of istilad (being a mother of a child) has been established for her from someone other than her master, such as a husband or someone else, the ruling for her child is the same as her ruling, in that he is emancipated upon the death of her master, and those transactions that are permissible for her are permissible for him, and what is prohibited for her is prohibited for him. Ahmad (may Allah be pleased with him) said: Ibn Umar, Ibn Abbas, and others said: Her child is in her position. We are not aware of any disagreement on this among those who believe in the establishment of the ruling of istilad, except that Umar ibn Abd al-Aziz (may Allah be pleased with him) said: They are slaves. It is possible that he intended that the ruling of their mother does not apply to them; because istilad is exclusive to her, so it is exclusive to its ruling, like the child of a woman whose emancipation is conditioned upon a condition. And it is possible that he meant that they are slaves, whose ruling is the ruling of their mother, like the statement of the group; because the child follows its mother in servitude and freedom, so he follows her in its cause if it is confirmed, like the child of a mukataba (contractual slave) and a mudabbara (slave whose freedom is tied to master's death). In fact, the child of an umm walad is more deserving; because the cause of emancipation in her is firmly established, and there is no way to invalidate it under any circumstances. If the umm walad dies before her master, the ruling of istilad for the child does not become invalid, and he shall be emancipated upon the death of her master; because the cause has not become invalid, and freedom was only not established for her because she no longer remained a valid subject for it. The same applies to the child of a mudabbara; the ruling for him does not become invalid by the death of his mother. As for the child of a mukataba, if she dies, then he
(15) In the original, A, and B: "wa yurad" (and he becomes enslaved). (1) Omitted from M. (2) Omitted from the original. (3) Recorded from Ibn Umar by al-Bayhaqi, in: The Chapter on the Child of an Umm al-Walad from Other than Her Master After Istilad, from the Book of Emancipation of Ummahat al-Awlad. Al-Sunan al-Kubra, 10/348, 349. (4) In A and B: "yakhtassu" (is exclusive). (5) In the original: "nasabuhu" (his lineage). In A: "al-sababiyyah" (the causality). (6) Omitted from B and M.
