As for “children,” they follow their mother in “freedom and slavery,” and their father in lineage and patronage, by agreement of the Muslims. Whoever owns the mother owns her children, whether they are born from marriage or fornication. Likewise, when male animals—horses, camels or donkeys—mate with females, the offspring belong to the owner of the mother. If the mother has been emancipated or was born free, while the father is enslaved, the children are free.

As for “lineage,” their descent is traced through their father. If both parents have been emancipated, the children are affiliated to the father’s patrons. If the father is enslaved, they are affiliated to the mother’s patrons. If the father is subsequently emancipated, the bond of patronage transfers from the mother’s patrons to the father’s patrons. This is the position of the four imams.

Whoever owns the mother owns her children. He may take daughters born to his slave women as concubines, provided he has not had sexual relations with their mother; in that case, he may have sexual relations with her daughters. If, however, he has had sexual relations with the mother, he may not have sexual relations with her daughters. And Allah knows best.

He—may Allah Most High have mercy on him—was asked:

“A man of noble lineage married his adult virgin daughter, with her consent and permission, to a man from the Maghrib who was not of noble lineage but was known among the people for his righteousness. The father did not have her consent witnessed. Does this impair the validity of the marriage contract, even though the wife remained consenting both before and after consummation? Someone challenged its validity, whereupon the wife declared before witnesses that she had given her consent and permission. Does the marriage contract therefore need to be renewed?”