As for if his master permits him to take a concubine, it is permissible for him. Al-Shafi'i said: It is not permissible for him, even if his master permits him to do so, according to one of the two opinions; because it is a matter that harms him and may lead to his being prevented from emancipation, so it is not permissible even if his master permits it. Moreover, his ownership is deficient, so he is not permitted to take a concubine, similar to having intercourse with a shared slave-girl. Our evidence is that if he were to permit his full slave to take a concubine, it would be permissible; thus, the mukatab is more entitled. Furthermore, the prohibition was for the sake of the master's interest, so it becomes permissible with his permission, like marriage. Once this is established, if he takes a concubine with his master's permission or without it, there is no hadd (prescribed punishment) upon him due to the ambiguity of ownership, and there is no dower upon him; because if it were mandatory, it would be mandatory for him, and one cannot owe anything to himself. If she becomes pregnant, the lineage is attached to him; because if the hadd is dropped due to ambiguity, the lineage is attached, and the child is considered his property because he is the son of his slave-girl. He is not emancipated upon him because his ownership is incomplete, and he does not have the right to sell him because he is his son. He remains suspended upon his kitaba; if he fulfills it, he is emancipated, and the child is emancipated because he is the property of his free father. If he becomes incapacitated and reverts to slavery, his child is also a slave, and both are considered the property of the master. As for the slave-girl, if she gives birth before his emancipation and incapacitation, she becomes an umm al-walad (mother of a child) to the mukatab, and he has no right to sell her. Ahmad stated this clearly; because her child possesses the sanctity of freedom, and it is not permissible to sell him. He is emancipated by the emancipation of his father, and likewise is his mother. Based on this, it is not permissible to sell her, and she remains suspended with the mukatab; if he is emancipated, she is an umm al-walad, and if he remains a slave, she remains a slave. The Qadi said, in one place: She does not become an umm al-walad under any circumstances, and he has the right to sell her; because she conceived by a slave through incomplete ownership. Al-Shafi'i has two opinions similar to these two views. If she delivers the child after his emancipation in less than six months, it becomes clear that she conceived him while he was in a state of slavery, and the ruling follows what has passed. If she delivers him after six months, we judge that she conceived him while he was free; because we are not certain of his existence in the state of slavery, and she becomes an umm al-walad; because she conceived by a free man through his ownership. Al-Shafi'i has a similar detail to what we have mentioned.

Section: The mukatab does not have the right to marry off his slaves and slave-girls without the permission of his master. This is the opinion of Al-Shafi'i and Ibn al-Mundhir. It was reported from Malik that he has the right to do so if it is on the basis of consideration; because it is a contract