Chapter on Mothers of Offspring

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), about Umm al-Walad (a female slave who bears a child for her master). Imam (as) said: "She is a slave. She can be sold, inherited, and gifted, and her legal ruling is the same as that of a slave."

"She has no choice regarding the slave. She remains a slave belonging to the heirs."

I asked Abu Abdullah (as), 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 (as) said: "I was informed that Imam Ali ibn Abi Talib (as), 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."

I asked Abu Abdullah (as), 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."

"When a man died and had a wife who was a slave, Imam Ali ibn Abi Talib (as) would purchase her from his estate, emancipate her, and then make her an heir."

I said to him: "May I ask you a question?" Imam (as) replied: "Ask." I asked: "Why did Commander of the Faithful, peace be upon him, sell the mothers of children (Umm al-Walad)?" Imam (as) said: "To free them from slavery." I asked: "How was that?" Imam (as) 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 (as) said: "No."

"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 (swt), the Almighty and Glorious, has already decided her case, and the Book of Allah (swt) is more deserving to be followed." Imam (as) 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."

I said: 'They are all free.' When I arrived in Medina, I went to Abu al-Hasan (as), and informed him about what I had told the tax collector. Imam (as) said: 'There is nothing upon you.' I then said: 'Among them is a bondwoman with whom I had relations, and she is pregnant.' Imam (as) replied: 'Isn't her child the one who will free her? When her master dies, she becomes the share of her child.'"