What is the ruling regarding marrying a slave girl one owned if one did not have intercourse with her before freeing her?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Imam Ahmad stated that if a man frees a slave girl with whom he did not have intercourse, he cannot marry her on that same day until Istibra' is observed. Conversely, if he had intercourse with her before freeing her, he may marry her immediately, whenever he wishes, because she is considered to be within his seminal fluid (i.e., already subject to the conditions related to his semen).
Supporting text
Al-Qadi interpreted Imam Ahmad's statement to mean that if intercourse was permissible (i.e., Istibra' was complete), then freeing her allows immediate marriage. If intercourse was not permissible (Istibra' had not passed), then freeing her does not permit immediate marriage until the waiting period is completed.