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Abstract
The paper will analyze the treatise Juz’ f? bay‘ ummah?t al-awl?d by the famous jurist, historian and Qur’anic exegete, Ibn Kath?r (d. 1373 CE). Ibn Kath?r discusses eight positions regarding the status of the umm al-walad (the female slave who gives birth to a child of her master): 1. That she is free on her master’s death; 2. She may be sold without restriction; 3. The master may sell her at any time during his lifetime but, when he dies, she becomes automatically free; 4. She may be sold to pay a debt; 5. She may be sold, but if her child is alive at the death of his father and her master, she is manumitted as part of the child’s inheritance; 6. She can only be sold on the condition she is set free; 7. If she is righteous then it is not permissible to sell her, but if she becomes immoral or an unbeliever, then it becomes permissible to do so; 8. Suspension of judgement on the issue. Ibn Kath?r also discusses miscellaneous issues regarding the umm al-walad such as her waiting period (before she can get married) after her master dies. Some say that it is one menstrual cycle, which is the waiting period for a slave girl, while others argue that it is four months and ten days, the waiting period for a free wife. The treatise demonstrates the tremendous range of legal debate that occurred throughout the Mamluk period (c. 1250-1517 CE) regarding the standing of the umm al-walad. The paper treats Ibn Kath?r’s invaluable text against the long historic backdrop of Islamic legal discourse surrounding the position and privileges of the concubine-mother.
Discipline
Law
Geographic Area
Syria
Sub Area
13th-18th Centuries