the object of the contract is the specific entity pointed to. Even if we concede that, the distinction between them is twofold: First, in that case, the essence is lost, for the essence of a horse is not the essence of a donkey, whereas here they differ only in attributes. Second, sales are affected by the loss of attributes, evidenced by the fact that it may be returned due to the loss of any quality in which there is benefit, whereas marriage is the opposite.

Second Section: His children from her are free, without any disagreement that we are aware of, because he believed her to be free. Thus, his children are free, due to his belief in what necessitates their freedom, just as if he bought a slave girl he thought was the property of her seller, but she turned out to be usurped after he had children by her.

Third Section: The husband is obligated to redeem his children. This is how Umar, Ali, and Ibn Abbas, may Allah be pleased with them, ruled. This is also the opinion of Malik, Al-Thawri, Al-Shafi'i, Abu Thawr, and the People of Reason (Ahl al-Ra'y). From Ahmad, there is another narration that he is not obligated to redeem them, because the child is contracted as free by origin, so he does not guarantee them to the master of the slave girl, for he did not possess them. There is another narration from him that it is said to him: "Redeem your children, or else they shall follow the mother." The apparent meaning of this is that he was given the choice between redeeming them or leaving them as slaves; because they are slaves by the rule of origin, so he is not obligated to redeem them, just as if he had intercourse with her while knowing her status as a slave. Al-Khallal said: It is agreed upon regarding Abu Abd Allah that he must redeem his child. Ishaq said regarding him in one place: The child belongs to him, and he is not obligated to redeem them, and I consider this an earlier opinion of Abu Abd Allah. The correct view is that he is obligated to redeem them, due to the ruling of the Companions, may Allah be pleased with them, in this regard, and because they are the growth of the owned slave girl, so the path is for them to be owned by her possessor. He has caused the loss of their enslavement by believing in their freedom, so he is obligated to provide compensation for them, just as if he caused the loss of their enslavement through his own action.