Chapter on Mothers of Offspring

Al-Hasan ibn Mahbub narrated from Wahb ibn Abd Rabbih, from Abu Abdullah عليه السلام regarding a man who married his Umm al-Walad (a female slave who bore him a child) to his slave, and then the master died. Imam عليه السلام said: "She has no choice regarding the slave. She remains a slave belonging to the heirs."

In a narration from Muhammad ibn Ali ibn Mahbub, from Ahmad ibn Muhammad ibn Isa, from Al-Bazanti, from Abdullah ibn Sinan, he said: I asked Abu Abdullah عليه السلام, about a man who dies and leaves behind an Umm al-Walad (a female slave who bore him a child) and has a child from her. Can another man marry her? Imam عليه السلام said: "I was informed that Imam Ali ibn Abi Talib عليه السلام, instructed regarding the Umm al-Walad women he had relations with: 'Whoever among them has borne a child, she becomes the share of her child. And whoever has not borne a child, she is set free.' And those who had children were assigned to their children to ensure that they would not marry except with the permission of their family."

Sulaiman ibn Dawud Al-Minqari narrated from Abdul Aziz ibn Muhammad, who said: I asked Abu Abdullah عليه السلام, or I heard him say: "A free woman is not compelled to breastfeed the child, but an Umm al-Walad (a female slave who bore her master a child) is compelled."

Ibn Muskan narrated from Sulaiman ibn Khalid, who narrated from some of the Imams عليه السلام, peace be upon them: "When a man died and had a wife who was a slave, Imam Ali ibn Abi Talib عليه السلام would purchase her from his estate, emancipate her, and then make her an heir."

Umar ibn Yazid narrated from Abu Ibrahim (Imam Musa ibn Jafar Al-Kadhim عليه السلام), who said: I said to him: "May I ask you a question?" Imam عليه السلام replied: "Ask." I asked: "Why did Commander of the Faithful, peace be upon him, sell the mothers of children (Umm al-Walad)?" Imam عليه السلام said: "To free them from slavery." I asked: "How was that?" Imam عليه السلام said: "If a man purchased a bondwoman and she bore him a child, but he did not pay her price and did not leave enough wealth to pay for her, her child would be taken from her, and she would be sold to pay her price." I asked: "Is she sold for any other debt besides this?" Imam عليه السلام said: "No."

Asim narrated from Muhammad ibn Qays, who narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, that Commander of the Faithful, peace be upon him, said: "Any man who leaves behind a concubine (surriyah) who has a child, or is pregnant with a child, or has no child, then if her master had freed her, she is free. But if he did not free her before his death, then the Book of Allah سبحانه وتعالى, the Almighty and Glorious, has already decided her case, and the Book of Allah سبحانه وتعالى is more deserving to be followed." Imam عليه السلام continued: "If she has a child and the man leaves wealth, then she is to be placed under the share of her child, and the guardians of the child shall keep her until the child grows up. At that point, the child has the right to free her if they wish. Meanwhile, the guardians inherit the child's wealth as long as she remains a slave. If her child frees her, she becomes free. However, if her child dies without freeing her, the guardians have the option to either keep her as a slave or free her." "Commander of the Faithful, peace be upon him, also ruled concerning a man who left behind a bondwoman who had borne him a daughter. The daughter was still young but capable of speaking. The daughter then freed her mother. The guardians of the father's estate disputed this matter, but Commander of the Faithful, peace be upon him, upheld the daughter's act of freeing her mother."

Al-Husayn ibn Sa'id narrated from Safwan ibn Yahya, who narrated from al-Walid ibn Hisham: "I came from Egypt with some slaves, and when I passed by the tax collector (al-'Ashir), he asked me about them. I said: 'They are all free.' When I arrived in Medina, I went to Abu al-Hasan عليه السلام, and informed him about what I had told the tax collector. Imam عليه السلام said: 'There is nothing upon you.' I then said: 'Among them is a bondwoman with whom I had relations, and she is pregnant.' Imam عليه السلام replied: 'Isn't her child the one who will free her? When her master dies, she becomes the share of her child.'"