Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Ibn Abbas (may Allah be pleased with both of them) that the Noble Prophet (peace and blessings be upon him) said: The slave woman who gives birth to a child by her master becomes free after his death.

It is narrated from Hazrat Ali (may Allah be pleased with him) that Hazrat Umar (may Allah be pleased with him) sought my advice regarding the sale of an umm walad (a slave woman who has borne her master's child). Both my opinion and his were that when the umm walad gives birth to a child, she should be set free after the master's death. Hazrat Umar (may Allah be pleased with him) gave his verdict on this during his lifetime, and after him, Hazrat Uthman (may Allah be pleased with him) also gave the same verdict. Then, when I became the leader of the believers after them, I thought it better to keep her as a slave. Hazrat Sha'bi (may Allah have mercy on him) says that Hazrat Ibn Sirin narrated to me that I asked Hazrat Ubaidah (may Allah be pleased with him), "What is your opinion?" He (may Allah be pleased with him) replied, "I prefer the opinion that Ali (may Allah be pleased with him) and Umar held together in consultation with the companions, more than the opinion Ali (may Allah be pleased with him) adopted at the time of differing views."

It is narrated from Hazrat Nafi that two persons from among the people of Iraq asked Hazrat Ibn Umar (may Allah be pleased with them both) at the place of Al-Abwa. They said, "We left Ibn Zubair in Makkah in the condition that he was selling Umm Walad (a slave woman who has borne a child to her master)." Hazrat Ibn Umar (may Allah be pleased with them both) said, "But do you know Hazrat Umar (may Allah be pleased with him)? He (may Allah be pleased with him) said: 'A slave woman who bears a child to her master is a source of benefit for him during his lifetime, and after his death, she is free. And whoever has intercourse with a slave woman and she miscarries, and the child is his, then the burden of causing the miscarriage is upon him.'"

It is narrated from Hazrat Zaid bin Wahb (may Allah be pleased with him) that a person died in the neighborhood, and he had an umm walad (a slave woman who had borne him a child). Hazrat Walid bin Uqbah (may Allah be pleased with him) said: Sell her. We went to Hazrat Ibn Mas’ud (may Allah be pleased with him) and asked him about it. He (may Allah be pleased with him) said: If you definitely want to do so, then include this slave woman in the share of her son.

It is narrated from Hazrat Zaid bin Wahb (may Allah be pleased with him) that Hazrat Umar bin Khattab (may Allah be pleased with him) sold our umm walad. Then they were returned to us.

An Umm Walad came to Hazrat Ali (may Allah be pleased with him), and he (may Allah be pleased with him) said: Indeed, Hazrat Umar (may Allah be pleased with him) had set an Umm Walad free.

It is narrated from Maymun bin Mehran that it spread among the army of Umar bin Abdul Aziz that Umar bin Abdul Aziz considered the sale of an umm walad permissible. Then a man came to him and asked about this matter. It then became clear that Umar bin Abdul Aziz believed even more strictly in the freedom of an umm walad than the man who asked the question, and also that, according to Umar bin Abdul Aziz, this was also the opinion of Umar bin Khattab (may Allah be pleased with him).

Hazrat Ibn Umar (may Allah be pleased with them) was asked regarding Hazrat Ibn Zubair (may Allah be pleased with them) selling a child born from a slave woman. Hazrat Ibn Umar (may Allah be pleased with them) said that indeed Hazrat Umar (may Allah be pleased with him) had decreed that such a child should neither be sold, nor gifted, nor inherited; its master may benefit from it during his lifetime, and after his death, it is free.

It was mentioned to Abdullah (may Allah be pleased with him) about the sale of an Umm Walad. He (may Allah be pleased with him) said: But Umar (may Allah be pleased with him), who was both strong and trustworthy, used to set them free.

Hazrat Usman (may Allah be pleased with him) gave the verdict regarding an Umm Walad that when she gives birth to a child from her master, she is free.

Hazrat Ibn Abbas (may Allah be pleased with them both) included the Umm Walad in the son's share of inheritance.