he married her off or freed her. Al-Shafi'i said: If he stipulates that in the kitabah contract, it becomes void, because it is a corrupt condition, and it therefore voids the contract, just as if he had stipulated a corrupt compensation. Malik said: The contract does not become void by it, because it does not violate the pillar of the contract nor its condition, so it does not become void, like a valid one. Our evidence is the saying of the Prophet (peace and blessings of Allah be upon him): "Believers are bound by their conditions." Furthermore, she is owned, and he has the right to stipulate benefit from her, so it is valid, like the condition of utilizing her labor. This is confirmed by the fact that preventing him from having intercourse with her, despite his continued ownership of her and the existence of the factor permitting intercourse with her, was only for her right; so when he stipulates it upon her, it is permissible, like service. Also, he is excluding some of what was originally his, so it is valid, like the stipulation of service, and it differs from a sale, because a sale removes his ownership over her.

Section: If he has intercourse with her with the condition, there is no hadd punishment upon him, no disciplinary punishment (ta'zir), and no dower, because it is an act of intercourse he possesses and is permitted for him, so it resembles having intercourse with her before her kitabah. If he has intercourse with her without a condition, he has committed an offense, and he is subject to disciplinary punishment, because it is forbidden intercourse, though there is no hadd punishment upon him according to the view of the generality of jurists; we know of no disagreement regarding this except from al-Hasan and al-Zuhri, for they both said: The hadd punishment is upon him, because he entered into a contract of exchange regarding her that forbids intercourse, so he made intercourse with her incur the hadd, like a sale. Our evidence is that she is his slave, so the hadd punishment does not become obligatory by having intercourse with her, like his hired or pledged slave, and it differs from a sale, as a sale removes ownership, while kitabah does not remove it, evidenced by the saying of the Prophet (peace and blessings of Allah be upon him): "The mukatab is a slave as long as a dirham remains owed by him." He owes her dower to her, because he has utilized her benefit which he was prohibited from utilizing, so he owes its compensation, like the benefits of her body.

Section: If he impregnates her, she becomes an umm walad (mother of his child) for him, whether he had intercourse with her with a condition or without one, because he made her pregnant with a free person within his possession, so she is his umm walad, like one who is not a mukatabah. The child is free, because he is his child from his slave, and his lineage is attributed to him for that reason, and because it is from an act of intercourse in which the hadd punishment was dropped due to doubt, so he resembles the child of