This is the school of al-Shafi'i. He has another opinion: that she is appraised against the wealthy [partner], the kitabah for the partner's half is voided, she entirely becomes an umm al-walad, and her half remains a mukatab for the one who had intercourse. If she pays his share to him, she is emancipated, and it spreads to the remainder because it is his property, and she is entirely emancipated. If she is incapacitated and dissolves the kitabah, she becomes an umm al-walad for him exclusively; so when he dies, she is entirely emancipated. Our view is that since a portion of her is an umm al-walad, her entirety is as such, just as if the partner were wealthy. This is confirmed by the fact that the child results from all of her, and he is entirely from the one who had intercourse, and his lineage is attached to him; therefore, it must be established for all of her. It differs from emancipation, for it is weaker, as we have explained before. Our argument that the kitabah is not voided by appraisal is that it is [a binding contract], so it is not voided alongside its persistence by an act that issued from him, just as if he made her an umm al-walad while she was in his possession, or as if she had not become pregnant by him. As for the child, he is free, because he is from an intercourse in which there is a doubt, and his lineage is attached to him as well, and his value is not incumbent upon him because she bore him while in his possession. Two narrations are reported from Ahmad regarding this. The first: his value is not due, because his partner's share transferred to him from the moment of conception, and at that time it had no value, so he does not guarantee it. The second: he owes half of his value, because this half was on the path to being owned by his partner, and his servitude has been lost to him, so he owes half of his value. Al-Qadi said: This narration is the most correct according to the school. Abu Bakr mentioned these two narrations and chose the view that if she delivers him after the appraisal, there is nothing due from the one who had intercourse, and if she delivers him before the appraisal, he is liable for half of his value. If the one who had intercourse claims istibra' (seeking to establish the non-pregnancy of a slave woman) and she brings forth a child after more than six months from the time of the istibra', he is not attached to him, she does not become an umm al-walad, and the ruling of her child is the same as her ruling. If she brings him forth in less than six months from the time of istibra', he is attached to him, as if it were before the istibra', because it became clear to us that she was pregnant at the time of the istibra', so that was not an istibra'.

Section: If they both have intercourse with her, then the mahr al-mithl (dowry of an equal) is due to her from each one of them.