A man who wants to sell a slave girl: those who said he observes istibra

Abdullah bin Ubayd bin Umayr said: Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) sold a slave woman with whom he used to have intercourse, without making certain that her womb was empty. Pregnancy appeared in her while with the man who bought her, so he brought the case before Sayyiduna Umar (may Allah be pleased with him). Sayyiduna Umar asked Sayyiduna Abd al-Rahman: Did you use to have intercourse with her? He said: Yes. Sayyiduna Umar (may Allah be pleased with him) said: And you sold her without making certain that her womb was empty? He said: Yes. Sayyiduna Umar said: Doing so was not befitting of you. Then he called the physiognomists (qafah); they looked at the child and attached him to him.

Al-Hasan used to say: When a man sells his slave woman and when he buys her, he is to carry out istibra' with one menstruation.

Ibn Sirin said: If a man buys a slave girl who has not reached menstruation, her istibra' is three months; then, after having had intercourse with her, if he wants to sell her, he should again wait three months for istibra'.

Ibrahim said: Whoever wants to sell a slave woman should carry out istibra'.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: A slave woman with whom intercourse has been had, and who is then sold, given as a gift or set free, is to be confirmed free of pregnancy by one menstruation.