A man who sells or frees a slave woman and excepts what is in her womb

Ibrahim (may Allah have mercy on him) was asked about a person who sells a pregnant slave woman, or frees her, and makes an exception of the child in her womb. He (may Allah have mercy on him) said: If the child's form has become apparent, the exception is valid; and if its form has not become apparent, the exception is not valid.

Al-Hasan said: If he makes the exception in a sale, it takes effect; but in manumission, the exception does not take effect.

Muhammad (may Allah have mercy on him) said concerning a person who frees his slave woman and makes an exception of the child in her womb: He has the right to the exception.

Al-Zuhri (may Allah have mercy on him) said: The slave woman and her child will both be counted as free.

Ata, al-Sha'bi (may Allah have mercy on him) and Ibrahim (may Allah have mercy on him) said: He has the right to the exception.

The same is reported from al-Sha'bi through Jabir.

And it is reported from Ibrahim through Mansur; they said: He has the right to the exception.

Shu'bah said: I asked al-Hakam and Hammad about a man who frees a slave woman and makes an exception of the child in her womb. The two of them said: He has the right to do so.

Sayyiduna Ibn Umar (may Allah be pleased with them both) was asked: If a man frees his slave woman and makes an exception of the child in her womb, how is that? He (may Allah be pleased with him) said: He has the right to the exception.