1247 – Ibn ʿAbbās (may Allah be pleased with them both) related that the Messenger of Allah—peace and blessings be upon him—said: “Any slave-woman who bears a child from her master is free after his death.”
Reported by Ibn Mājah and al-Ḥākim with a weak isnād, and a number of scholars considered it to be the statement of ʿUmar (may Allah be pleased with him) rather than a Prophetic report.⦗1⦘
Status of the ḥadīth:
The report is mawqūf.
The author says: Ibn Mājah and al-Ḥākim transmitted it, and al-Ḥākim declared it authentic; however, al-Dhahabī rejected that grading because the chain includes al-Ḥusayn ibn ʿAbd-Allāh al-Hāshimī, who is extremely weak. A number of scholars preferred to treat it as a statement of ʿUmar (may Allah be pleased with him).
Al-Ḥāfiẓ Ibn Ḥajar notes in al-Talkhīṣ that the sound view is that it is from Ibn ʿUmar and that all routes attributing it directly to the Prophet are weak.
Points derived from the report:
1 – If a female slave delivers for her master a fetus in which the human form is apparent—even if only faintly outlined and even if the child is stillborn—she becomes an umm al-walad. Her emancipation begins with the delivery of the fetus and is completed upon her master’s death.
2 – With regard to intercourse, service, hiring out her labor, and lending her, she remains subject to the same rulings as an ordinary slave, because her master still owns her. That ownership continues until her freedom is fully realized by his death.
3 – As for the rulings that involve transferring ownership of her very person—such as sale, endowment, gift, or