Muslim Slave System in Medieval India c15.12

c15.12

The sale of an *am-walad* (mother of child), that is, a slave girl who conceives from her master and gives birth to a child, is 'null' and therefore wrong. The offspring of the master by a slave girl was considered to be free. The woman also gained in status through *istawad*, that is, right of the child. Henceforth the slave girl was called *am-walad* and used to become free after the death of her master. As the Prophet has said, Her child hath set her free (that is, her child is a cause of freedom to her). So an *am-walad* cannot be sold as she is free upon the masters death.²⁸ It is also not correct to lend, mortgage, or give on wages an *am-walad* slave girl, but if some stranger shares bed with her, the income is of the master. If he marries her off to someone, the amount of *mehr* (dower) also belongs to the master. To give her in marriage to a stranger is the right of the master.²⁹ His control over the *bandi* is total. Parts of the slave girls body could be freed individually and collectively. If the master told his *bandi* that her farj (private part) is free or that her back or neck or head is free, she is freed according to some jurists but not according to others.³⁰ A master may withhold permission from his female slave to dwell in the house of her husband.³¹ If one buys a pregnant *bandi*, the unborn would form part of the transaction. If she is collected in loot then the offspring is also counted as slave together with the mother and counted as property of the master.³² There are rules laid down to determine if a *bandi* is pregnant at the time of purchase or capture.³³ if the master makes his slave girl *mudabbir*, then her pregnancy and progeny also become *mudabbir*. If the pregnancy alone is manumitted, then only the offspring becomes free, not the *bandi*.³⁴ Even after a bandi is declared *mudabbir* or free after the masters death he can continue to cohabit with her during his life-time.