by either of them. Thus, she is the claimant, because she seeks to become an umm walad—a slave woman who has borne her master a child—so that she will be emancipated upon her master’s death. Moreover, according to the well-known position in the school, he may not sell her. Thus, if she claims that her master fathered her child, and he says, “I did not father a child by her,” the master is not required to swear an oath, because the presumption is that no child was fathered, and because this involves an aspect of Allah’s right, for both freedom and slavery entail an aspect of Allah’s right.

He may also be the claimant: he may make this claim so that she will be emancipated after his death and will not be sold to settle his debts. For when he dies, she is emancipated from the entirety of the estate, not merely from one-third. Thus, he says this so that she may be freed and not sold for his debts; or so that his creditors will not be empowered over her and sell her during his lifetime, since umm walads may not be sold. Hence, the claim may be made either by him or by her.

Eighth: lineage. If a person’s lineage is unknown, and another person takes hold of him and says, “You are my son,” but he replies, “I am not your son,” he is not required to swear an oath, because lineage entails a major aspect of Allah’s right. The one claiming him as his son is told, “Produce evidence that he is your son; otherwise, you have no claim.” The reason the denying party is not required to swear is that judgment is not passed against a denying party merely because he refuses to take an oath. They justify this way in all such issues.

Ninth: qawad—that is, retribution. If someone claims retribution from another, saying, “I am entitled to retribution from him—for example, he cut off my hand, if the retribution concerns an offence short of homicide; or he killed my father, if it concerns homicide,” and the other says, “I owe no retribution whatsoever,” then he is not required to swear that he owes no retribution. The question remains, however, whether he must swear to deny liability for blood money. This depends on the disagreement concerning what is due for deliberate killing: is retribution itself due, or