Is a girl considered a "sabiyyah" (captive) or "ma malakat al-yamin" (what the right hand possesses) if she is sold or gifted, based on His (the Almighty's) saying: "And those who guard their private parts, Except from their wives or what their right hands possess, for indeed, they are not to be blamed"?
The newborn is attributed to the husband if born six months or more after the marriage contract and the possibility of cohabitation, even if the wife is divorced, or if born less than four years after an irrevocable divorce. Therefore, the child in the question is a legitimate daughter of her father because she was born more than six months after the marriage contract.
However, if the newborn is born less than six months after the marriage contract, then he is not attributed to the husband and is considered a child of fornication attributed only to his mother. He is not a slave but a free person.
A slave woman is a disbeliever captured in war, or one whose mother was a slave, or one purchased from someone who rightfully owns her. A child born from a valid, legitimate marriage to a free mother is free, and it is not permissible to sell her or treat her as a slave.
If she is sold by coercion, she is not permitted to allow anyone to approach her except through a legitimate marriage, and she must flee. If she fears being sold or harmed, she must escape to a safe place.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/18185
- Source platform
- Ftawy
- Original fatwa ID
- 18185
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy