the current situation, it is tantamount to his mother, and his mother is owned by her master. It is also possible that it is not permissible because it involves jeopardy, as it is possible that he becomes insolvent while the mukataba fulfills her contract, whereby her child becomes free, resulting in maintenance being provided to him from the wealth of his master, and he becomes free.

1392 - Issue: He said: (And the mukatab is responsible for the maintenance of his child from his slave-woman.)

As for the child of the mukatab from his slave-woman, their maintenance is upon him, because his child from his slave-woman follows him in status; the child is enslaved by his enslavement and becomes free by his emancipation, so he runs in the same legal course as himself regarding maintenance. Just as the mukatab provides for himself, he likewise provides for his child who is in this condition. Furthermore, this child has no one to provide for him other than his father, for his mother is a slave-woman to the mukatab, and he has no free relatives; thus, providing for him becomes incumbent upon the mukatab, just as it is for his mother. Moreover, there is no harm to the master in the mukatab providing for his child from his slave-woman, because if he fulfills the contract and becomes free, he has paid the wealth of the kitaba, and the master has no claim beyond that; and if he becomes insolvent and is re-enslaved, the mukatab and his child whom he provided for return to him, so it is as if he were providing for his own slave, and his maintenance becomes incumbent upon him just as his maintenance of his other subjects is.

Section: The mukatab may not take his slave-woman as a concubine without the permission of his master, because his ownership is incomplete, and there is harm to the master in his taking her as a concubine due to the risk involved regarding her. If his master grants him permission for that, it is permissible, because the prohibition was for the master's right, so it becomes permissible with his consent, as in the case if he granted permission to his ordinary slave. If he has intercourse without his permission, there is no hadd (prescribed punishment) upon him, because he had intercourse with his own slave-woman. If he begets a child from her in either of the two situations, she becomes an umm al-walad (mother of a child) to him; he may not sell her nor sell her child. If he becomes free, her child becomes free, and the slave-woman becomes an umm al-walad who becomes free upon his death. If he is re-enslaved, she and her child are re-enslaved and become slave-women to his master, and the mukatab and his child become his slaves. It is incumbent upon the mukatab to provide for his slaves, slave-women, and mothers of his children, because they are his property, so it is incumbent upon him to provide for them, as he does for his livestock.