Al-Kafi 11187

Translation

Muhammad Bin Yahya, from Muhammad, and Ali Bin Ibrahim, from his father, altogether, from Ibn Mahboub, from Hisham Bin Salim, (It has been narrated) from Abu Abdullah^asws having said: ‘Abu Abdullah^asws was asked and I was present, about a man who sold a slave girl to a man with such (and such a price) for up to a year. So when the buyer took possession of her, he emancipated her from the morning, and married her, and made her dower to be her emancipation. Then, a month later, he died. So Abu Abdullah^asws said: ‘If there was wealth for the one who bought her, for up to a year, or a contract which overcomes the fulfillment of what is upon him from the debt with regards to her slavery, so his emancipation and his marriage are both allowed’. He^asws said: ‘And if there does not happen to be any wealth for the one who bought her, so he emancipated her and married her, and there is no contract on the day he died which overcomes the fulfillment of what is upon him from the debts by her emancipation, so his emancipation and his marriage are both invalid, because he emancipated with what he did not own, and I^asws view her as being a slave of her former master’. It was said to him^asws, ‘If it was such that she conceived, meaning from the emancipator of her, the one who married her, what is the state of that which is in her belly?’ So he^asws said: ‘That which is in her belly is with its mother, like her’.

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