take the mukatab's property whenever he wishes. Whenever he has a goal in taking his property—either because of its abundance and the surplus beyond his kitabah installments, or because he has a specific purpose for some of his assets—he emancipates him and takes his property. This is a harm to the mukatab that the Law (Shari'ah) has not brought about, nor does the contract of kitabah require it; therefore, it is necessary that it not be legislated.

Section: If she gives birth to a child by someone other than her master after her istilad, the child has the same ruling as her regarding emancipation by either of the two causes; whichever precedes, the child is emancipated by it, just like the mother, identically, because he is a dependent of hers, so that which is established for her is established for him. If the mukatabah dies, the cause of istilad remains for the child alone. If they disagree regarding her child, and she says, "I gave birth to him after my kitabah," or "after my becoming an umm al-walad," and the master says, "Rather, it was before," Abu Bakr said: The statement is that of the master along with his oath. This is the view of al-Shafi'i, because the default state is that the slave woman and her child are property, and their master has the right of disposal over them, and she is claiming that which prevents disposal. If he marries his mukatab to his slave woman, then sells her to him, and they disagree about her child, and the master says, "He belongs to me, because she gave birth to him before selling her to you," and the mukatab says, "Rather, it was after," the statement is that of the mukatab, because they disagreed about his ownership, and the mukatab has possession of him, so the statement is that of the possessor along with his oath, like all other property. He differs from the child of a mukatabah because she does not claim his ownership.

Section: If a slave woman belongs to two partners, and they enter into a kitabah contract with her, then one of them has intercourse with her, he shall be disciplined more severely than the discipline for one who has intercourse with his slave woman who is exclusively his, because the intercourse here is prohibited from two aspects: co-ownership and the kitabah, so it is more emphatic, his sin is greater, and his discipline is more severe. He owes her the mahr of a similar woman, according to what we have previously stated regarding when the master is one. If no installment (najm) is due, she collects it. When her installment is due, she hands it over to them both. If her installment is due and it is of the same type as the kitabah wealth, and she has its equivalent in her possession, she pays it to the one who did not have intercourse with her, and she counts it against the one who had intercourse with her as the mahr. If she has nothing in her possession, and it is the amount of her installment or less, she takes half of it from the one who had intercourse with her and hands it to the other. If it is not of the same type as the kitabah wealth...