Sunan Sa'id

Sayyiduna Umar bin Khattab and Sayyiduna Ali (may Allah be pleased with them both) set free the ummahat al-awlad (slave women who had borne children), and Sayyiduna Umar (may Allah be pleased with him) gave this ruling during his caliphate, and then during the caliphate of Sayyiduna Uthman (may Allah be pleased with him) this same ruling continued. Sayyiduna Ali (may Allah be pleased with him) said: "When the caliphate came to me, I wished to return these women to slavery." Ubaidah (may Allah have mercy on him) said: "The opinion of the group of Umar and Ali (may Allah be pleased with them both) is superior to the individual opinion of Ali (may Allah be pleased with him)."

Hazrat Ubaidah (may Allah have mercy on him) narrated that Sayyiduna Ali (may Allah be pleased with him) addressed the people and said: "Umar (may Allah be pleased with him) consulted me regarding the mothers of children (ummuhat al-awlad), so my decision and Umar's was that they should be set free. Accordingly, Umar implemented this decision during his lifetime, and Uthman (may Allah be pleased with him) also acted upon it during his lifetime. But when I was given the caliphate, I changed my opinion and wished to make them slaves again." Ubaidah (may Allah have mercy on him) said: "The opinion of the group of Umar and Ali (may Allah be pleased with them both) is more beloved to us than the individual opinion of Ali (may Allah be pleased with him)."

Hazrat Ubaidah (may Allah have mercy on him) narrated that Sayyiduna Ali (may Allah be pleased with him) said: "My and Sayyiduna Umar's (may Allah be pleased with him) decision was that the mothers of children (ummuhat al-awlad) should be set free, but when I attained authority, I wished to keep them in slavery." Ubaidah (may Allah have mercy on him) said: "The opinion of the group is more beloved than the solitary opinion of Ali (may Allah be pleased with him)."

Muhammad bin Abdullah bin Qarib Thaqafi narrates from his father: "He bought a slave woman, then she miscarried, so he sold her. When this matter reached Sayyiduna Umar bin Khattab (may Allah be pleased with him), he said: When your blood and their blood, and your flesh and their flesh have mixed, then you sell them? Go and return her."

Sayyiduna Umar bin Khattab (may Allah be pleased with him) freed the mothers of children born to their masters (umm al-walad) and the mothers of miscarried children.

Sayyiduna Umar bin Khattab (may Allah be pleased with him) said: "When a slave woman gives birth to her master's child, even if the child is miscarried, she will become free."

Abdullah bin Abbas (may Allah be pleased with them) said: "Umar (may Allah be pleased with him) said that if any man admits to having intercourse with his slave woman and then dies, that slave woman becomes free, even if the pregnancy is miscarried."

It is narrated from Nafi‘ (may Allah have mercy on him) that two men met Ibn ‘Umar (may Allah be pleased with them both) at the place of Abwa’ and said: “We have seen so-and-so (Ibn al-Zubayr) selling ummahat al-awlad (slave women who have borne children to their masters).” Ibn ‘Umar (may Allah be pleased with them both) said: “Do you know Abu Hafs (i.e., ‘Umar)? Indeed, he gave a verdict regarding ummahat al-awlad that it is neither permissible to sell them nor to give them as a gift. The owner may benefit from them, and when he dies, they become free.”

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: "Sayyiduna Umar (may Allah be pleased with him) gave this verdict regarding ummahat al-awlad: as long as the owner is alive, he may benefit from them, but when the owner dies, they can neither be sold nor inherited."

Sayyiduna Umar bin Khattab (may Allah be pleased with him) said: "If an umm walad accepts Islam, becomes chaste, and adopts modesty, then she will become free. But if she remains upon disbelief and commits immorality or betrays, then she will remain a slave."

A man's umm walad committed apostasy, so regarding her, Umar bin Abdul Aziz (may Allah have mercy on him) ordered that she be sold in a region where there are none of her co-religionists.

Hasan (may Allah have mercy on him) said: "When a slave woman miscarries a child that is fully formed, then that slave woman will be considered Umm Walad, and if the creation is not clear at birth, then she will remain a slave."

Hazrat Sha'bi (may Allah have mercy on him) said: "When the creation of the fetus is completed in the fourth stage, the waiting period ('iddah) of a free woman is completed, and a slave woman becomes free because of her child."

Hasan (may Allah have mercy on him) said: "If a woman miscarries such a fetus that is clearly formed, then her waiting period (iddah) is completed."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "Sell an umm walad just as you sell your goat or your camel."

A man passed away and left behind his umm walad. Al-Walid bin Uqbah wanted to sell her to pay off the deceased's debt, so Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: "If you must sell her, then give her to her children as their share."

Sayyiduna Umar (may Allah be pleased with him) said: "Whoever has relations with his slave woman and then neglects her, then the responsibility for her loss will be upon him, and the child will be his child."

Sayyiduna Umar (may Allah be pleased with him) said: "Protect these slave girls, lest someone establishes relations with his slave girl and then denies her child. I will not prevent such a person from being attributed to the child."

When Sayyiduna Umar (may Allah be pleased with him) saw that slaves were drawing water from a well and a slave-girl was also with them, he said: "Perhaps the owner of this slave-girl has relations with her and then puts her to work with the people like this. If she bears a child, we will attribute the child to her owner."

Hasan al-Basri (may Allah have mercy on him) said: "If a person denies the child born from his slave woman, then he has the right to deny."

Hazrat Sha'bi (may Allah have mercy on him) said: "The child born from a slave woman can be denied whenever one wishes."

Hazrat Sha'bi (may Allah have mercy on him) said: "Even if his beard is seized, he can still deny."

Hazrat Sha'bi (may Allah have mercy on him) said: "A man from the Kindah tribe had relations with his slave woman, and a child was born from her. When he wanted to sell the slave woman, she filed a case with Shurayh, and Shurayh, on the basis of testimony, attributed the child to that man and said: Now there is no way for denial."

Hazrat Shurayh (may Allah have mercy on him) said: "If a child is born from a slave woman, the master has the right to deny it, and if it is from a free woman, then li'an will be conducted with the mother."

Ibrahim Nakha'i (may Allah have mercy on him) said: "When someone acknowledges his child, then denial is not permissible, and if he denies, the prescribed punishment will be carried out and the child will be attributed to him."

Sayyiduna Zaid bin Thabit (may Allah be pleased with him) had a Persian slave woman. He had relations with her, but as a precaution, he practiced coitus interruptus. When she became pregnant, he imposed the prescribed punishment on her and set the child free.

Sayyiduna Zaid bin Thabit (may Allah be pleased with him) said: "I maintained relations with you only out of gentleness and affection, I did not intend to have children with you. When a child was born, I set him free and imposed the prescribed punishment on the slave woman."

A slave woman of Sayyiduna Umar (may Allah be pleased with him) became pregnant. Umar (may Allah be pleased with him) prayed to Allah that no child of another man be included among the family of Umar. Later, it was found out that the child was from a camel herder. Upon this, Umar (may Allah be pleased with him) thanked Allah.