as she is an umm walad, and the transfer of ownership regarding her is not permitted. The buyer shall take an oath that he did not purchase her, and the price is dropped for him except for the amount of the dowry, for it becomes obligatory due to their agreement on its necessity, even if they disagree on its cause. This is the view of some of the companions of al-Shafi'i. Others said: They both take an oath, and neither dowry nor price is obligatory. This is the view of the Qadi, except that he does not impose an oath upon the seller, because he does not consider an oath applicable in the denial of marriage. The maintenance of the child is upon his father because he is free, and the maintenance of the slave girl is upon her husband because he is either a husband or a master, and both are causes for the obligation of maintenance. The Qadi said: Her maintenance is from her own earnings; if there is a surplus, it is reserved, because we have removed the master's ownership from her and established for her the status of umm walad. If she dies and leaves property, the seller receives the amount of her price; because he is either truthful, in which case he is entitled to her price from the buyer, and her estate is for the buyer, and the buyer is an acknowledger of the price for the seller, so he takes from it the amount he claims. Or he is a liar, in which case she is his property, and her entire estate is his, so he takes from it the amount he claims, and the remainder is reserved (5). If she dies after intercourse, she has died free, so her inheritance is for her child and her heirs. If she has no heir, her inheritance is reserved, because no one claims it, and the master does not have the right to take the amount of the price from it because he claims the price from the one who had intercourse, and her inheritance is not his because he died before her. If their disagreement is before the claim of paternity, it is my view that she remains in the possession of the husband, due to their agreement on her lawfulness for him and his entitlement to retain her, while they only disagree on the cause. She is not returned to the master, due to their agreement on her prohibition to him. The seller receives the lesser of the two things, either the price or the dowry, due to their agreement on his entitlement to that. The matter in reality is according to this; for if the master is truthful, the slave girl is lawful to her husband through sale, and if he is a liar, she is lawful to him through marriage. The amount they agreed upon, if (6) the master is truthful, he is entitled to it as a price, and if he is a liar, he is entitled to it as a dowry. The Qadi said: The husband takes an oath that he did not purchase her, because he is a denier, and the price is dropped for him, and the master does not need to take an oath regarding the denial of marriage, as he is not to be sworn regarding it. According to al-Shafi'i, they both take an oath.
(5) In A: "reserved". (6) Omitted from: the original.