and thus she is freed, and he shall have what remains of his inheritance. If nothing remains, then he gets nothing. If she is worth more than his share, then an amount equal to his share is freed from her, and the remainder of her is a slave for the rest of the heirs, unless it is according to the opinion of one who said: If he inherits a share from someone for whom he (the slave) would be freed, the emancipation extends to the remainder. If she does not have a child from her master, he inherits from her, and she inherits from him (32), like his other slaves.

2013 - Issue: He said: "And if he has intercourse with a slave girl while she is in the ownership of another through marriage, and she becomes pregnant by him, then he comes to own her while she is pregnant, the fetus is freed, and he may sell her."

In summary: if he marries the slave girl of another and makes her pregnant, or makes her conceive, then he comes to own her through purchase or otherwise, she does not become an umm al-walad (mother of a child) to him through that, whether he owned her while pregnant and she gave birth during his ownership, or he owned her after she had given birth. This is the opinion of al-Shafi'i (may Allah be pleased with him); because she conceived from him while she was someone else's property, so the ruling of istilad (motherhood status) is not established for her, just as if he had committed adultery with her and then purchased her. Furthermore, the base principle is slavery, and this principle is only departed from when she becomes pregnant by him while in his ownership, based on the statement of the Companions (may Allah be pleased with them); therefore, in other cases, it remains on the original principle. The Qadi Ibn Abi Musa narrated from Ahmad (may Allah be pleased with him) that she becomes an umm al-walad in both cases. This is the opinion of al-Hasan and Abu Hanifah; because she is the mother of his child and he is her owner, so the ruling of istilad is established for her, just as if she became pregnant while in his ownership. I have not found this narration from Ahmad regarding when he owns her after she has given birth; rather, what was narrated from him was a withholding of opinion regarding it, in the narration of Muhanna, where he said: "I do not say anything about it." And he declared explicitly in the narration of a group other than him the permissibility of selling her, as he said: "I see no harm in him selling her." Only al-Hasan alone said: "She is an umm al-walad." He said: "The majority of what we heard from the Successors (al-Tabi'in) is that they say: She does not become an umm al-walad until she gives birth while he is with her and he owns her." If indeed 'Abidah al-Salmani used to say: "We sell her." And Shurayh, Ibrahim, Amir, and al-Sha'bi. As for when he owns her while she is pregnant, the apparent meaning of the words of Ahmad (may Allah be pleased with him) is that she becomes an umm al-walad. This is the school of Malik (may Allah be pleased with him), because she gave birth from him while in his ownership, so it is similar to if he had made her pregnant while in his ownership, and Ahmad (may Allah be pleased with him) has explicitly stated in the narration of Ishaq ibn Mansur that she does not