Who bears the obligation of performing *istibra'* upon the sale of an enslaved woman?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 4 · Bab 1

Open in Qurani

Primary text

The obligation of *istibra'* rests upon the buyer, not the seller.

Supporting text

Al-Battah stated that the seller is responsible, drawing an analogy to marriage where the *istibra'* obligation lies with the one initiating the union (the officiant/husband), not the one disposing of the woman (the previous owner/seller).