Is the sale of an *umm walad* permissible?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The preponderant view is that selling the *umm walad* is prohibited. This is reported from Umar, Uthman, Aisha, and the majority of jurists. Ahmad’s final reported position is against their sale. The reported statement of Ahmad indicating permissibility with dislike is interpreted not as a deviation from prohibition, but rather as a usage where 'dislike' often implies prohibition among the early generations (*Salaf*). When prohibition is explicitly stated in other narrations from him, any ambiguous wording must be construed in light of the explicit prohibition, preventing the declaration of differing legal opinions.
Supporting text
A narration is cited from 'Ali, Ibn Abbas, and Ibn Zubayr, and supported by Dawud, permitting their sale. Ibn Abbas is reported to have said, 'Sell her as you sell your sheep or camel.' Ali is reported to have stated that his initial view, shared with Umar, was to free them, but upon assuming authority, he favored keeping them as slaves. However, the consensus of the Companions prior to the differing opinions is held as decisive evidence. A narration from Ibn Mas'ud suggests that if selling is unavoidable, they should be accounted for in the share designated for their children.