If a Man Sells or Frees His Slave Girl but Excludes Her Pregnancy

Ibrahim was asked: If a person sells or frees his slave woman and excludes her pregnancy, what is the ruling? He replied: If the creation of the pregnancy is apparent, then the exclusion is valid, and if its creation is not apparent, then the exclusion is not valid.

Hasan considered exception (istithna) permissible in sale, but not in emancipation.

Muhammad says that if a person sells a slave woman and excludes her pregnancy, it is permissible.

Hazrat Zuhri says that both of them will be set free.

Hazrat Ata, Hazrat Shabi, and Ibrahim say that if a slave woman is freed and her pregnancy is excluded, then the exclusion is valid.

21829 - From Sufyan, from Jabir, from al-Sha'bi,

21830 - From Sufyan, from Mansur, from Ibrahim (they said) (1): If he frees her and makes an exception for what is in her womb, then the exception is his.

Hazrat Sha’bah says that I asked Hazrat Hakam and Hazrat Hammad: If a person sells or frees his slave woman and excludes her pregnancy, what is the ruling? They replied that he can do so.

Hazrat Ibn Umar (may Allah be pleased with both of them) narrates that if a person sells a slave woman and excludes her pregnancy, then it is permissible.