"Whatever is in her hand of anything belongs to the heirs of her master." This is only so because the umm al-walad is a slave girl whose earnings belong to her master, and everything else in her hand belongs to him. So when her master dies and she is emancipated, what was in her hand transfers to his heirs, like the rest of his property, and just like that in the hand of the mudabbarah (slave girl promised freedom at master's death). This differs from the mukatabah (slave girl with a contract of manumission), for her earnings during the lifetime of her master belong to her, and when she is emancipated, it remains hers, just as it was before emancipation.

2019 - Issue; He said: "And if he bequeathed to her what is in her hand, it shall be hers, provided the third [of the estate] covers it."

In sum, a bequest to an umm al-walad is valid. We know of no disagreement on this among the scholars who affirm the ruling of istilad (motherhood status). This was the view of al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). Imam Ahmad and Sa'id ibn Mansur narrated from Hushaym, that Humayd narrated to us from al-Hasan that Umar ibn al-Khattab bequeathed four thousand [four thousand] to his ummahat al-awlad. And because an umm al-walad is free at the time the bequest to her takes effect, as her emancipation becomes absolute upon his death, so the bequest to her does not occur except in the state of her freedom. As for his saying: "provided the third covers it," this is because the entire bequest is not binding except within the third [of the estate] or less, and this is part of that; what exceeds the third is subject to the permission of the heirs. If they authorize it, it is valid; otherwise, it is returned to the heirs. The value of the umm al-walad is not calculated from the third because she is emancipated from the principal capital, so she is not counted against the third, like the payment of debts and the fulfillment of obligations.

Section: If he bequeaths to his mudabbar (slave promised freedom) or his mudabbarah, the bequest is also valid, except that his value and what he bequeathed to him are calculated from the third, because tadbir (promising freedom) is a charitable gift, so it is from the third, like a bequest. If both are covered by the third, he is emancipated and what was bequeathed to him is his, and the bequest is valid, because it occurred in the state of his freedom, so it is like a bequest to his umm al-walad. If they are not covered by the third, his value is calculated from the third, and he is emancipated from it to the extent of the third, so that he may be emancipated without [the remainder of] the estate. If his value is equal to the third, he is emancipated, and there is no bequest for him. If anything remains of the third after his emancipation, he is entitled to the remainder of the third from the bequest, and anything exceeding that depends on the permission of the heirs.