enslavement prior to his claim. If he does not claim his ownership, but he was exercising control over him by employing him or otherwise, it is as if he had claimed his enslavement, and he is judged to be his slave because possession is evidence of ownership. If a stranger claims his lineage, it is not accepted, because of the harm this causes the master, as lineage takes precedence over wala' (patronage) in inheritance. If he establishes evidence for his lineage, it is proven, but the ownership is not removed from him; for it is possible that he is his child while being a slave, such as by his marrying his mother, or the child being captured and then his father embracing Islam, unless the father is an Arab, in which case his child cannot be enslaved, according to one narration. This is the old position of al-Shafi'i. If he establishes evidence that he is the son of a free woman, then he is free, because the child of a free woman cannot be anything but free.

If the child is discerning and can speak for himself, and the one in whose possession he is claims his enslavement, and the precedence of possession over him before his discernment is not known, except that we saw him in his possession and they are disputing, there are two views: one is that his ownership of him is not proven, because he is capable of expressing himself and claims freedom, so he is like an adult. The second is that his ownership of him is proven, because he is a child who is claimed to be owned while in his possession, so he is like the infant. As for the adult, if he claims his enslavement and he denies it, his enslavement is not proven except through evidence. If there is no evidence, the statement is his, accompanied by his oath regarding freedom, because it is the fundamental state (al-asl). This entire section is the school of al-Shafi'i, Abu Thawr, and the Ahl al-Ra'y, except that the Ahl al-Ra'y said: Whenever a person establishes evidence that he is his son, the lineage and freedom are proven, because the appearance of freedom in the child of a free man is more common than the possibility of slavery resulting from possession, especially if no unbelief is known of the man, nor did he marry a slave woman, so the possibility of slavery does not remain. This position is the correct one, if Allah Almighty wills.

Section: If two people claim the slavery of an adult who is in their possession, and he denies them, the statement is his with his oath. If he confesses his enslavement to them, his enslavement is proven. If each of them claims him for himself, and he confesses to one of them, he belongs to the one to whom he confessed. This is the position of al-Shafi'i. Abu Hanifa said: He is between them in equal halves because...