A man who buys or captures a slave woman while she is pregnant

Ubaydullah bin Abi Yazid (may Allah have mercy on him) asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both): If a man buys a slave girl and she is pregnant, may he have intercourse with her? He said: No. Then he recited the verse of the Qur'an: "As for those who are pregnant, their term is until they deliver their burden." [al-Talaq: 4]

Dawud (may Allah have mercy on him) said: I said to al-Sha'bi (may Allah have mercy on him): Sayyiduna Abu Musa (may Allah be pleased with him) said on the day Tustar was conquered that no pregnant woman should be had intercourse with, and that there should be no sharing with the polytheists in their children, for the water adds to the child. Did he say this from his own opinion, or did he narrate it from the Messenger of Allah (peace and blessings be upon him)? He said: On the day of Awtas, the Messenger of Allah (peace and blessings be upon him) said that no pregnant woman should be had intercourse with before she gives birth, and no other woman until it is known that her womb is empty.

It is narrated from Abu Qilabah (may Allah have mercy on him) that the Messenger of Allah (peace and blessings be upon him) said: "Whoever has intercourse with a pregnant woman is not one of us."

Something similar is also reported from Sayyiduna Ibn Abbas (may Allah be pleased with them both).

Abu Marzuq (may Allah have mercy on him), the freedman of Tujib, said: We went on a campaign with Sayyiduna Ruwayfi' bin Thabit al-Ansari (may Allah be pleased with him) towards the west, and we conquered a village called Jarbah. Sayyiduna Ruwayfi' (may Allah be pleased with him) addressed us and said: I will tell you something that I heard from the Messenger of Allah (peace and blessings be upon him). On the day of the conquest of Khaybar he said: "Whoever believes in Allah and the Last Day must not water another man's crop with his water."

Something similar is reported through another chain.

Sayyiduna Ali (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) forbade having intercourse with a pregnant woman before she gives birth, and with a non-pregnant woman before it is ascertained, through one menstruation, that her womb is clear.

Silah, Qutham and Najiyah bin Ka'b said: When a man buys a pregnant slave girl, he must not have intercourse with her before she gives birth. And if he buys one who is not pregnant, he must not go near her until she menstruates.

Sa'id bin al-Musayyib (may Allah have mercy on him) said: It has been forbidden for a man to have intercourse with a slave girl or a woman who has in her womb a child belonging to someone else.

Al-Hasan (may Allah have mercy on him) said: When Tustar was conquered, Sayyiduna Abu Musa (may Allah be pleased with him) acquired some captive women. Sayyiduna Umar (may Allah be pleased with him) wrote to him with the order that no one should have intercourse with a woman before she gives birth, and: "Do not become partners with the polytheists in their children, for the water completes the child."

Tawus (may Allah have mercy on him) said: During one of the military expeditions, the Messenger of Allah (peace and blessings be upon him) had a caller announce: Do not have intercourse with a pregnant woman until she gives birth, nor with a non-pregnant woman until she menstruates.

Sayyiduna Abu Umamah (may Allah be pleased with him) said: During the Battle of Khaybar, the Messenger of Allah (peace and blessings be upon him) forbade having intercourse with pregnant women before they give birth.

It is narrated from Sayyiduna Abu al-Darda' (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) passed by a pregnant woman close to giving birth (who had been brought as a captive); she was at the door of a tent. The Prophet (peace and blessings be upon him) asked: "Whose is she?" The people said: "She belongs to so-and-so." The Prophet (peace and blessings be upon him) said: "Does he have intercourse with her?" The people said: "Yes." The Prophet (peace and blessings be upon him) said: "I was about to curse him with a curse that would go with him into his grave. How can he take service from him (the child to be born of her) when he is nourishing his hearing and sight? How can he inherit from him when that is not lawful for him?"