Selling or Freeing a Slave Girl While Excluding Her Unborn Child

Ibrahim (may Allah have mercy on him) was asked about a person who sells or frees a pregnant slave woman and excludes the child in her womb. He (may Allah have mercy on him) said: If the creation of the child has become apparent, then the exclusion is valid, but if the creation has not become apparent, then the exclusion is not valid.

Hazrat Hasan (may Allah be pleased with him) says that if an exception is made in a sale, it will be valid, but in the case of emancipation, an exception will not be valid.

Muhammad, may Allah have mercy on him, said regarding the person who frees his slave woman and makes an exception for the child in her womb: He said that he has the right to make such an exception.

Hazrat Zuhri (may Allah have mercy on him) says that both the slave woman and her child will be considered free.

Hazrat Ata, Hazrat Shabi (may Allah have mercy on them), and Ibrahim (may Allah have mercy on him) say that he has the right of exception.

22920 - And (1) from Jabir, from al-Sha‘bi.

22921 - (W) (1) From Sufyan, from Mansur, from Ibrahim, they said: He has two front teeth] (2).

Hazrat Sha’bah says that I asked Hazrat Hakam and Hazrat Hammad whether a man, if he frees a slave woman and excludes the child in her womb, is allowed to do so? Both of them replied that he has the right to do so.

Hazrat Ibn Umar (may Allah be pleased with both of them) was asked: If a man frees his slave woman but excludes the child in her womb, what is the ruling? He (may Allah be pleased with him) replied: He has the right of exclusion.