The ruling on the mother of a child (umm al-walad) upon the death of her master
Machine translationRead the Arabic original
Question:
So let the Shaykh speak on this: If a husband dies leaving behind a child, and he did not divorce her until he died, is she to be taken away?
Answer:
It is correct that the mother of a child is a slave, and she does not inherit from him. However, by consensus, she is a slave, but some say she is freed when her master dies; he does not sell her as long as he is alive, she remains under his control, but he does not sell her, because she is like the one whose freedom is deferred (mudabbar), so when he dies, she is freed. Others say no, she is a slave who is to be sold, and this is the correct position, which Ibn al-Qayyim supported in *I'lam al-Muwaqqi'in* and other works, that the mother of a child is a slave, and it is permissible to sell her and permissible to give her away, and she does not inherit, nor does she have any status, of course. It is a firm position. Yes.
So let the Shaykh speak on this: If a husband dies leaving behind a child, and he did not divorce her until he died, is she to be taken away?
Answer:
It is correct that the mother of a child is a slave, and she does not inherit from him. However, by consensus, she is a slave, but some say she is freed when her master dies; he does not sell her as long as he is alive, she remains under his control, but he does not sell her, because she is like the one whose freedom is deferred (mudabbar), so when he dies, she is freed. Others say no, she is a slave who is to be sold, and this is the correct position, which Ibn al-Qayyim supported in *I'lam al-Muwaqqi'in* and other works, that the mother of a child is a slave, and it is permissible to sell her and permissible to give her away, and she does not inherit, nor does she have any status, of course. It is a firm position. Yes.
Source
ميراث أم الولد — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
