Ruling on the Sale of Umm Walad and Juristic Differences
By: Imran Ayyub Lahori
An Umm Walad is a slave woman who has given birth to her master’s child.
[Nayl al-Awṭār 4/168]
It is narrated from Ibn ʿUmar رضي الله عنهما that ʿUmar رضي الله عنه forbade the sale of Umm Walad, saying:
لا تباع ولا تورث يستمتع بها ما بدا له، فإذا مات فهي حرة
“She is neither to be sold nor inherited. The master may benefit from her as long as he wishes, and when he dies, she is free.”
[Muwaṭṭaʾ 2/776, Daraqutni 4/134, Bayhaqi 10/342]
Some scholars allow the sale of Umm Walad, using the following Hadith:
Jābir رضي الله عنه said:
كنا نبيع سرارينا أمهات الأولاد والنبي صلى الله عليه وسلم حي لا يرى بذلك بأسًا
“We used to sell our slave women who were Umm Walad during the lifetime of the Prophet ﷺ, and he saw no harm in it.”
[Sahih: Abu Dawud 3345, Ibn Ḥibbān 4308, Hakim 2/19, Ibn Majah 2517, Bayhaqi 10/347]
The majority of scholars say the sale of Umm Walad is not permissible.
[Nayl al-Awṭār 4/169]
Ibn Qudāmah رحمه الله: The Companions have consensus on this.
[al-Mughnī 14/587]
The sale of Umm Walad is Makrūh (disliked), not Ḥarām.
She becomes free in the following cases:
① Upon the death of her master — As narrated from ʿUmar رضي الله عنه:
فإذا مات فهي حرة
“When the master dies, she is free.”
[Muwaṭṭaʾ 2/776]
② Upon being granted freedom by her master — Example:
Juwairiyah رضي الله عنها reported that when the Prophet ﷺ passed away, he left no slave, male or female. This proves that Maria al-Qibṭiyyah رضي الله عنها (the Prophet’s Umm Walad) was free upon his death.
[Bukhari 2739]
By: Imran Ayyub Lahori
Definition of Umm Walad
An Umm Walad is a slave woman who has given birth to her master’s child.
[Nayl al-Awṭār 4/168]
Ruling of ʿUmar ibn al-Khaṭṭāb رضي الله عنه
It is narrated from Ibn ʿUmar رضي الله عنهما that ʿUmar رضي الله عنه forbade the sale of Umm Walad, saying:
لا تباع ولا تورث يستمتع بها ما بدا له، فإذا مات فهي حرة
“She is neither to be sold nor inherited. The master may benefit from her as long as he wishes, and when he dies, she is free.”
[Muwaṭṭaʾ 2/776, Daraqutni 4/134, Bayhaqi 10/342]
Evidence for Permissibility
Some scholars allow the sale of Umm Walad, using the following Hadith:
Jābir رضي الله عنه said:
كنا نبيع سرارينا أمهات الأولاد والنبي صلى الله عليه وسلم حي لا يرى بذلك بأسًا
“We used to sell our slave women who were Umm Walad during the lifetime of the Prophet ﷺ, and he saw no harm in it.”
[Sahih: Abu Dawud 3345, Ibn Ḥibbān 4308, Hakim 2/19, Ibn Majah 2517, Bayhaqi 10/347]
Responses to the Permissibility Evidence
- Ibn Ḥazm رحمه الله: Although Jābir’s narration is authentic, it does not explicitly state that the Prophet ﷺ knew about this practice.
[al-Muḥallā 8/214] - Khaṭṭābī رحمه الله: It is possible that the sale was initially permissible, but later prohibited towards the end of the Prophet’s ﷺ life, and ʿUmar رضي الله عنه acted upon this later prohibition.
[Maʿālim al-Sunan 4/74]
Jumhūr (Majority) Opinion
The majority of scholars say the sale of Umm Walad is not permissible.
[Nayl al-Awṭār 4/169]
Ibn Qudāmah رحمه الله: The Companions have consensus on this.
[al-Mughnī 14/587]
Preferred View (Rājiḥ)
The sale of Umm Walad is Makrūh (disliked), not Ḥarām.
- Not Ḥarām because no authentic Hadith explicitly prohibits it.
- Not fully permissible because Jābir’s Hadith does not confirm that the Prophet ﷺ knew and approved of the practice.
[Subul al-Salām 3/1058, Nayl al-Awṭār 4/170]
When Umm Walad Becomes Free
She becomes free in the following cases:
① Upon the death of her master — As narrated from ʿUmar رضي الله عنه:
فإذا مات فهي حرة
“When the master dies, she is free.”
[Muwaṭṭaʾ 2/776]
② Upon being granted freedom by her master — Example:
Juwairiyah رضي الله عنها reported that when the Prophet ﷺ passed away, he left no slave, male or female. This proves that Maria al-Qibṭiyyah رضي الله عنها (the Prophet’s Umm Walad) was free upon his death.
[Bukhari 2739]
