Is the sale of a female enslaved person subject to Tadbir (Madabbara) permissible?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The correct position is that selling the Madabbara is permissible. Aisha sold a Madabbara belonging to her. The Madabbara is equivalent to the Madabbar in legal effect; whatever applies to one applies to the other.
Supporting text
The view that prohibits selling the Madabbara is reported from Abu Abdillah (Imam Ahmad), suggesting that there is no distinction between male and female enslaved persons in this ruling. The hesitation reported against selling the female slave appears rooted in piety (wara') rather than absolute prohibition, as the statement reported was 'It does not please me to sell her.' The distinction noted by some regarding the Umm Walad is that her manumission is established without the master's choice and is not a mere bequest, whereas Tadbir is a choice and a bequest.