Al-Thawri and Abu Hanifa said: She does not become a bridal bed (firash), nor is her child attached to him, unless he acknowledges her child, in which case his children after that are attached to him. Our evidence is what we have mentioned, and the statement of Umar—which conforms to the Sunnah—is worthier than his statement in matters where he contradicted it.

Section: If he acknowledges having intercourse with his slave woman in the anus, or outside the vagina, it has been narrated from Ahmad, may Allah be pleased with him, that her child is attached to him and she becomes a bridal bed (firash) through this. This is one of the two opinions held by the companions of al-Shafi'i, may Allah be pleased with him, because he may engage in intercourse and the semen may precede [the act] into the vagina. The correct view regarding this, if Allah the Almighty wills, is that she does not become a bridal bed (firash) by it (36), because there is no textual evidence for it, nor is it [in the] (37) meaning of the text, and the legal ruling is not established except with evidence; one does not move from the original premise (asl) except with a piece of evidence that displaces it. Once this is established, in every instance where the child is attached to him from his slave woman, when she becomes pregnant by him (38) while in his ownership, the child is free by origin, with no wala' (clientage) upon him, and the slave woman becomes an umm al-walad (mother of a child) through it.

2012 - Issue; He said: (And the rulings regarding mothers of children are the same as the rulings for slave women in all their affairs, except that they may not be sold.)

In summary, when a slave woman becomes pregnant by her master and gives birth to a child by him, the ruling of istilad (designation as mother of a child) is established for her. Her legal status is that of slave women in regards to the permissibility of her master having intercourse with her, utilizing her services, ownership of her earnings, marrying her off, hiring her out, freeing her, imposing obligations upon her, applying hadd punishments to her, and her 'awra. This is the opinion of the majority of the scholars. It is narrated from Malik that he does not have the right to hire her out or marry her off, because he does not possess the right to sell her, so he does not possess the right to marry her off or hire her out, like a free woman. Our evidence is that she is a slave woman from whom benefit is derived, so her master possesses the right to marry her off and hire her out, like the mudabara (a slave promised freedom upon the master's death). Furthermore, she is a slave woman who will be freed upon the death of her master, so she resembles the mudabara. Her sale was forbidden only because she became entitled to be freed upon his death, and her sale would prevent that, unlike marriage and hiring. Their evidence is invalidated by the cases of the mawqufa (stopped/reserved slave) and the mudabara according to those who prohibited their sale. Once this is established, she differs from the ordinary slave woman (qinn) in that she is freed upon the death of her master from the bulk of the estate, and it is not permissible to sell her, nor...