of a child born of a Have, where her owner has had carnal connexion
with her, is eftablilhed a fo rtio ri; the carnal aft being a ftill hirer
ground for this than limple marriage, wkhout1any inch connexion
known or afcertained.— The argument of our doctors is that the defign
in holding carnal connexion with a female have is merely the gratification
o f appetite, and not the procreation o f children, as, in consequence'
of a female have bearing a child to her mailer, Ihe is no longei
an appreciable property, infomuch that fade, and other a£ts of property,
with refpeft to her are prohibited; and hence the Ample circumftance
of the mailer’s having had carnal connexion with his female
{lave is not fufficient to eftablilh the parentage of a child born of her,
without his claiming it, any more than the circumftance of his being
poffeffed of fuch female flave without this connexion; contrary to a
contract o f marriage, as the evident defign of marriage is progeny, for
which real on the hulband’s claim is not requiiite to eftablilh the parentage
of a child born to him in wedlock.
T h e paren- ] p a female Have become ah Ain-JValiu to her mailer, in confc-
ch?ld°bomof quence of his claiming her child, and She afterwards bring forth an-
other child, the,parentage of The latter child is eftablilhed in the mailer,
inheriM/«-, independent of any claim on his part, becaufe the woman, in confe-
unlefs he deny q{. his claim;ng tpe firft child, befcomes a partner of his bed,
and Hands as his wife:— but i f the mafter were to deny the parentage
of the fecond child, declaring it not to be his, the child s parentage is not
to be ellablilhed in him, becaufe the Am-Wdid is partner of his bed in
an irferior degree, (whence it is lawful for her mafter to contract her in
marriage to another perfon:)— contrary to a wife, the parentage of
whofe child is not difproved by her hulband’ s denial, until he make an
ajfeveration*, becaufe the wife is partner o f his bed in a fuperior degree,
whence it is that he cannot contraft her in marriage to any other perfon.—
What is now alleged relates merely to the decree of the ma-
* See Vol. I. Page 382.
giftrate:
giftrate: but in a religious view, i f the mafter has had carnal connexion
with his female Have, and has kept her from fuch connexion with
others, and has not performed the aft of A z il* \yith her, it is incumbent
upon him to acknowledge the child born of her, and to claim it
as his own, becaufe it is apparent that the child is his ;— if, however, he
have indulged in A z il with her, or have not kept her up, he may lawfully
deny the child, as it is probable, in this cafe, that it may have been
begotten upon the Have by fome other perfon in fornication.— This is
recorded from Haneefa.-—Aboo Toofcf alleges that, in cafe the mafter
has had any carnal connexion with his. female Have, it is laudable in
him to claim the child born of her, whether he may have kept her up
from connexion with others, or n o t,.or whether he may have indulged
in the aft of A z il with her, or otherwife; becaufe, having had
carnal connexion with her, there exifts a poffibility that the child may
be h is; whence it behoves him not to deny it, on account of the
doubt.— Mohammed fays that if the mafter be not under a conviction
that the child ;is his, no obligation refts upon him to claim i t ;— but
yet that it is laudable in him to liberate the child, and that, enjoying-
the mother whilft he lives, he liberate her alfo, at his death, becaufe
the acknowledgment of any child, under any circumftance of doubt,
is not incumbent: but it is neverthelefs requiiite to emancipate both
the child and its mother, fince, if this be not done, and it be-poftible
that the child is his, a confequence would be induced of renderino- a
free perfon a Jlave, on a principle o f doubt'.
I f a mafter contradl his Am-ttralid in marriage to any perfon, and T h e child of
Ihe bring forth a child to her hulband, fuch child is fubjeft to the. fame ^ Am-walid
law with his mother,—that is, becomes"'free upon the death of her thedeceafeof
mafter, and (like the mother) without any obligation of emancipatory then,after’
labour,— becaufe the right to eventual freedom, eftablilhed in the mother,
extends through her to the child, in the manner o f a Tadbeer;
* For an explanation of this, fee book of Marriage, p. 167.
V 01" !■ Q^q q (whence