Is the alleged consensus (*Ijma*) regarding the prohibition of selling *umm walad* absolute and binding, despite reported dissent from certain Companions?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The consensus of the Companions prohibiting the sale of *umm walad* is binding. This is supported by the statement of 'Ali that his initial opinion and Umar's was not to sell them, and that Umar and 'Uthman acted upon this during their lifetimes. Any reported dissent from 'Ali, Ibn Abbas, or Ibn Zubayr is addressed by reports indicating their subsequent retraction or conformity to the established majority view. The consensus reached by the Companions before deviation occurred is considered infallible. The consensus reached during part of an era is sufficient evidence against those who later dissented, as the community cannot agree upon error. Furthermore, the reported narration allowing sale during the time of the Prophet (peace be upon him) and Abu Bakr is not conclusive proof of permissibility because it lacks explicit confirmation that the Prophet or Abu Bakr were aware of or approved of the specific act described.
Supporting text
If the consensus is only considered presumptive (*madhnoon*) rather than definitive (*maqtū' bih*), then dissent from major Imams is possible, similar to their dissent on presumptive textual evidence, without invalidating the consensus as a proof in itself. Furthermore, if the sale was permissible during the time of the Prophet (peace be upon him) and Abu Bakr, subsequent prohibition by Umar would be invalid unless based on a superior text. It is argued that if the sale were known and approved by the Prophet and Abu Bakr, 'Ali and others would have used it as proof when facing the dispute, but they did not, suggesting the initial sales were isolated acts.