A man has intercourse with his slave woman by right of ownership and she bears him a child

Imam al-Shafi'i (may Allah have mercy on him) said: "She (the umm walad) remains owned (a slave woman) as she is, except that it is not permissible for her master to sell her, nor to remove her from his ownership by any means other than manumission; and when he (the master) dies, she becomes free out of the capital (of the estate)."
He (Imam al-Shafi'i, may Allah have mercy on him) said: "This (position) is in following Sayyiduna Umar bin al-Khattab (may Allah be pleased with him)."

Abdullah bin Umar (may Allah be pleased with them both) narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that any slave woman who bears a child to her master is not to be sold, given as a gift or made part of an inheritance; the master may enjoy her, and after his death she is free.

Ibn Umar (may Allah be pleased with them both) said that Sayyiduna Umar (may Allah be pleased with him) forbade the sale of ummahat al-awlad (slave women who have borne their masters' children). He (may Allah be pleased with him) said: She is not to be sold, nor given as a gift, nor made part of an inheritance. Her master may enjoy her, and when he dies she becomes free.

Abdullah bin Dinar (may Allah have mercy on him) said: Two men came to Sayyiduna Abdullah bin Umar (may Allah be pleased with them both). Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) asked: "Where have you come from?" They said: "From Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both), and he has made lawful for us things that used to be forbidden to us." Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) asked: "What has he made lawful for you of what was forbidden to you?" They said: "He has permitted us the sale of ummahat al-awlad." He said: "Do you know Abu Hafs, Sayyiduna Umar (may Allah be pleased with him)?" They said: "Yes." He said: "He forbade the sale of ummahat al-awlad, giving them as gifts or making them part of an inheritance. Her master may enjoy her during his lifetime, and when he dies she is free."
This is how the group narrated it from Abdullah bin Dinar. Some narrators erred in it from Abdullah bin Dinar and raised it to the Prophet (peace and blessings be upon him); that is an error which it is not permissible to mention.

Sayyiduna Ali (may Allah be pleased with him) said: Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) consulted me about the sale of ummahat al-awlad (mothers of their masters' children). He and I both held that she is free, so Sayyiduna Umar (may Allah be pleased with him), and after him Sayyiduna Uthman (may Allah be pleased with him), ruled accordingly. When I became caliph, I held that they should be slaves. Muhammad bin Sirin (may Allah have mercy on him) asked Ubaydah (may Allah have mercy on him) about this: "Which of the two is dearer to you?" He said: "The opinion of Umar and Ali (may Allah be pleased with them both) together is dearer to me than the opinion of Ali (may Allah be pleased with him) (alone) when he came to disagree."

Sayyiduna Ali (may Allah be pleased with him) said: Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) debated with me about the sale of ummahat al-awlad. I said: "They may be sold," and he said: "They may not be sold." Sayyiduna Umar (may Allah be pleased with him) kept coming back to me on it until I accepted his view, and he ruled that way throughout his life. When I became caliph, my view was that they should be sold. Muhammad bin Sirin (may Allah have mercy on him) narrates from Ubaydah (may Allah have mercy on him) that he said: I said to Sayyiduna Ali (may Allah be pleased with him): "Your collective view is dearer to me than your opinion alone."

Zayd bin Wahb said: Sayyiduna Umar (may Allah be pleased with him) sold ummahat al-awlad, then later retracted.

Sa'id bin al-Musayyib (may Allah have mercy on him) said: Sayyiduna Umar (may Allah be pleased with him) ordered that the ummahat al-awlad be valued at a fair price against their sons' shares of the estate and then set free. This was at the beginning of his caliphate. Then a man of Quraysh died who had a son by an umm walad, and Sayyiduna Umar (may Allah be pleased with him) used to admire that boy. A few nights after his father's death, this boy passed by Sayyiduna Umar (may Allah be pleased with him) in the mosque. Sayyiduna Umar (may Allah be pleased with him) asked: "O son of my brother, what have you done about your mother?" He said: "O Commander of the Believers, my brothers gave me the choice between their keeping my mother as a slave or their excluding me from my father's inheritance; being excluded from my father's inheritance was easier for me than my mother being kept as a slave." Sayyiduna Umar (may Allah be pleased with him) said: "Did I not order a fair price in this matter? Whatever opinion I form or whatever I order, you find something to say about it?" Then Sayyiduna Umar (may Allah be pleased with him) sat on the pulpit, and the people gathered to him. When he was satisfied with their gathering, he said: "O people, you know the order I gave concerning ummahat al-awlad; then another view occurred to me. Whoever has an umm walad owns her for as long as he lives, and when he dies she is free."

Ibn Shihab said: I came to Damascus while Abd al-Malik was at that time occupied with his affairs, so I sat in a gathering whose people I did not know. A man came forward and they made room for him. He said: "What is your view about something the Commander of the Believers mentioned just now, which reached him from Madinah concerning the ummahat al-awlad: are they to be kept as slaves or set free?" I said: Sa'id bin al-Musayyib (may Allah have mercy on him) mentioned that there was a man of Quraysh whose intelligence and eloquence were admired. Then his father died and left wealth, and his mother was an umm walad. They put a value on his mother and kept outbidding him for his mother until they had taken him out of his inheritance. He passed by Sayyiduna Umar (may Allah be pleased with him), who called him and asked him what he had received of his father's inheritance. He said: "I came away from my father's inheritance with (nothing but) my mother." He said: "By Allah, I shall certainly say something about this by which I will protect the people from it." So he stood and addressed the people, then said: "O people, any free man who leaves behind an umm walad who bore him a child, she is free." He (Ibn Shihab) said: Then (that man) took me by the hand, and it turned out he was Qabisah bin Dhu'ayb, and he took me in to Abd al-Malik bin Marwan. Abd al-Malik had mentioned to Qabisah that it was (from) Sa'id bin al-Musayyib but had not been sure of it. So I was brought in to him, and (Qabisah) told him this hadith that I had told him. He began by asking me about my lineage, and when I reached my father, he said: "Your father was indeed one who stirred up trouble in the fitnah. What is the hadith of Sa'id that Qabisah told me from you?" So I told him the same as I had told Qabisah. He ordered it, and it was put into effect, and he said: "A man who has left behind someone like you has not died."

Sa'id bin al-Musayyib (may Allah have mercy on him) said that the Messenger of Allah (peace and blessings be upon him) ordered: "The ummahat al-awlad are to be set free, they are not to be counted within the third (of the estate), and they are not to be sold to pay debts."
Ja'far said: No one other than him (Abd al-Rahman bin Ziyad) narrated this hadith.
(b) Sa'id bin al-Musayyib (may Allah have mercy on him) said concerning the ummahat al-awlad: People say that the first ruling about the ummahat al-awlad, that they be set free, was from Sayyiduna Umar (may Allah be pleased with him), but that was not so. The first to free them was the Prophet (peace and blessings be upon him); he did not count them within the third, and did not sell them for debts.

Sa'id bin al-Musayyib (may Allah have mercy on him) said that Sayyiduna Umar (may Allah be pleased with him) freed the ummahat al-awlad. He said: "The Messenger of Allah (peace and blessings be upon him) had also freed them."

Abdullah bin Buraydah (may Allah have mercy on him) narrates from his father (may Allah be pleased with him) that he said: I was sitting with Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) when suddenly he heard a woman crying out. He said: "O Yarfa', see what this noise is." He went and looked, then came and said: "A girl of Quraysh whose mother is being sold." Sayyiduna Umar (may Allah be pleased with him) said: "Call," or he said: "Call the Muhajirun and the Ansar." In a short while the house and the room were full. Sayyiduna Umar (may Allah be pleased with him) praised and glorified Allah, then said: "Do you know that cutting the ties of kinship was among the things that Muhammad (peace and blessings be upon him) brought?" They said: "No." He said: "Yet it has become widespread among you." Then he recited this verse: "Then would you perhaps, if you turned away, cause corruption on the earth and sever your ties of kinship?" [Surah Muhammad: 22]
Then he said: "What severing of kinship is greater than that the mother of one of you should be sold, when Allah has given you ample means?" The people said: "Decide as you wish." So he had letters written to the regions that the mother of a free man is not to be sold, for that is severing the ties of kinship and it is not permissible.

Abdullah bin Sa'id (may Allah have mercy on him) narrates from his grandfather that he heard Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) say on the pulpit of the Messenger of Allah (peace and blessings be upon him): "O company of Muslims, Allah has granted you as spoils from the lands of the non-Arabs, of their women and children, what He did not grant to the Messenger of Allah (peace and blessings be upon him) nor to Abu Bakr (may Allah be pleased with him). I know that men will have relations with these women. So whichever man has a child born to him by one of the non-Arab women, do not sell the ummahat al-awlad (mothers of your children), for if you do, a man may soon have intercourse with a woman forbidden to him without realizing it."

Muhammad bin Ziyad (may Allah have mercy on him) said: My grandmother was the umm walad of Uthman bin Maz'un (may Allah be pleased with him). After the death of Uthman bin Maz'un (may Allah be pleased with him), his son wanted to sell her. She went to Sayyidah Aishah (may Allah be pleased with her) and said: "The son of Uthman bin Maz'un wants to sell me, although I bore a child to his father. If you would speak to him, he might place me in a proper position." Sayyidah Aishah (may Allah be pleased with her) said: "Did you bear a child to his father?" She said: "Yes." She said: "Go to the Commander of the Believers, Sayyiduna Umar (may Allah be pleased with him); he will set you free." She went to Sayyiduna Umar (may Allah be pleased with him) and told him that she had borne a child to Uthman and that his son wanted to sell her. Sayyiduna Umar (may Allah be pleased with him) sent for the son of Uthman bin Maz'un and said: "Did you intend that?" He said: "Yes." Sayyiduna Umar (may Allah be pleased with him) said: "That is not permissible for you; she is free." My grandmother asked: "Who freed me?" He said: "Your child from Uthman." She said: "He inflicted these wounds on me after his father's death." Sayyiduna Umar (may Allah be pleased with him) said: "Give her the compensation (arsh) for what you did to her."

Qatadah (may Allah have mercy on him) reported that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him), Umar bin Abd al-Aziz (may Allah have mercy on him) and the caliphs between them used to set the ummahat al-awlad free.

Sayyidah Sallamah bint Ma'qil (may Allah be pleased with her) said: I was the slave woman of Hubab bin Amr (may Allah be pleased with him). He died, and I had a child from him. His wife said: "Now you will be sold to pay his debt." I mentioned this to the Messenger of Allah (peace and blessings be upon him), and the Messenger of Allah (peace and blessings be upon him) said: "Who is in charge of the estate of Hubab bin Amr?" They said: "His brother, Abu al-Yasar Ka'b bin Amr (may Allah be pleased with him)." The Messenger of Allah (peace and blessings be upon him) called him and said: "Set her free and do not sell her. When you hear that slaves have come to me, come to me and I will compensate you for her." They did so. After the death of the Messenger of Allah (peace and blessings be upon him) they differed among themselves. Some said: "The umm walad is a slave; had it not been so, the Messenger of Allah (peace and blessings be upon him) would not have compensated them for her." Others said: "She is free, because the Messenger of Allah (peace and blessings be upon him) had set her free."

Busr bin Sa'id (may Allah have mercy on him) narrates from Khawwat bin Jubayr (may Allah be pleased with him) that a man of the Ansar made a will (appointing him); he had an umm walad and a free wife. There was some dispute between the free wife and the umm walad, and the free wife said: "O wretch, you will be sold!" So Khawwat (may Allah be pleased with him) came to the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) said: "She is not to be sold," and he (peace and blessings be upon him) ordered that she be set free.

Busr bin Sa'id narrates from Khawwat bin Jubayr (may Allah be pleased with him) that a man made a will to him (appointing him).

This is another chain of the previous hadith.

Ikrimah (may Allah have mercy on him) narrates from Ibn Abbas (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: "Any man who has an umm walad, she is free after his death."
Husayn bin Abdullah bin Ubaydullah bin al-Abbas al-Hashimi (one of its narrators) was declared weak by most of the scholars of hadith.

Ikrimah narrates from Ibn Abbas (may Allah be pleased with them both) that when Umm Ibrahim gave birth, the Messenger of Allah (peace and blessings be upon him) said: "Her child has set her free."
Abu Bakr bin Abi Sabrah is da'if (weak) and is not used as proof, except that it has also been narrated from others from Husayn with this wording.

Ikrimah narrates from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that when Umm Ibrahim gave birth to the son of the Prophet (peace and blessings be upon him), the Messenger of Allah (peace and blessings be upon him) said: "The child has set her free."

Ikrimah narrates from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that when Mariyah (may Allah be pleased with her) gave birth, the Messenger of Allah (peace and blessings be upon him) said: "Her child has set her free."
Ali (al-Daraqutni) said: Ziyad bin Ayyub alone narrated the hadith of Ibn Abi Husayn, and Ziyad is thiqah (trustworthy); but the hadith of Ikrimah has a strange hidden defect, with an authentic chain to him.

Ikrimah (may Allah have mercy on him) narrates from Sayyiduna Umar (may Allah be pleased with him) that the umm walad is set free by her child, even if it is stillborn.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) said: When an umm walad gives birth to a child of her master, she becomes free, even if the child is stillborn.

Al-Hakam bin Aban (may Allah have mercy on him) said: Ikrimah (may Allah have mercy on him) was asked about the ummahat al-awlad, and he said: "They are free." They said: "On what basis do you say this?" He said: "On the basis of the Qur'an." They said: "What is in the Qur'an?" He said: "O you who believe, obey Allah and obey the Messenger and those in authority among you." [Surah al-Nisa: 59] Sayyiduna Umar (may Allah be pleased with him) was one of those in authority. He said: "She becomes free, even if the child is stillborn."
(b) Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates from the Prophet (peace and blessings be upon him): "The umm walad is free, even if the child is stillborn."

Ubaydullah bin Abi Ja'far narrates from the Messenger of Allah (peace and blessings be upon him) that the Messenger of Allah (peace and blessings be upon him) said to Umm Ibrahim: "Your child has set you free."
This is munqati' (its chain is broken).
Sayyidah Aishah (may Allah be pleased with her) said that when the Prophet (peace and blessings be upon him) passed away, he did not leave behind any dirham or dinar, nor any male or female slave.

Abu Sa'id al-Khudri (may Allah be pleased with him) said that he was sitting with the Prophet (peace and blessings be upon him) when a man of the Ansar came and said: "O Messenger of Allah, we have slave women, and we love (their) prices; may we practise coitus interruptus ('azl) with them?" He (peace and blessings be upon him) asked: "Do you do that?" Then he said: "It is not binding on you (to refrain); the soul that is to be born will certainly come into being, whatever you do."

Ibn Muhayriz narrates from Sayyiduna Abu Sa'id al-Khudri (may Allah be pleased with him) and Sayyiduna Abu Sirmah (may Allah be pleased with him) that they obtained female captives in the expedition of Banu al-Mustaliq. Some of us wanted to take them as wives and some wanted to sell them. They said to one another that this was not permissible. The Messenger of Allah (peace and blessings be upon him) was asked about it, and he (peace and blessings be upon him) said: "Do not practise 'azl; whoever Allah has decreed is to be created until the Day of Resurrection will certainly come into being."