regarding the birth, even if the child is present, unless she produces two female witnesses to the birth. This is based on a literal reading of his statement in the Book of Testimonies and in this book: “In this case, if she establishes it, she acquires the status of a slave woman who has borne her master’s child, and her child’s paternity is established if she has a child with her.” This is not correct, however, because his statement does not say that the child’s paternity is established if she produces two female witnesses to the birth. Nor should her statement concerning this be accepted if she has no evidence of the birth. Success is through Allah.
Section
If, however, she claims to have given birth but produces no child, she does not acquire the status of a slave woman who has borne her master’s child unless she produces two witnesses to the master’s acknowledgment of intercourse and two female witnesses to the birth. If she produces two witnesses to his acknowledgment of intercourse and one female witness to the birth, or one witness to his acknowledgment of intercourse and two female witnesses to the birth, he must swear an oath. If she produces only one female witness to the birth and one witness to his acknowledgment of intercourse, one opinion holds that he must swear an oath, while another holds that no oath is required of him, reflecting the differing reports in al-Mudawwana. Success is through Allah Most High, who has neither partner nor equal.