Is *Istibra'* obligatory upon a master selling a female slave whom he sexually possesses if she is past the age of menstruation (menopause)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the master sexually possesses the slave and she is post-menopause (*a'isah*), *Istibra'* is not required because the absence of pregnancy is known. The rationale for requiring *Istibra'* is the possibility of pregnancy, which is considered a remote possibility in a menopausal woman, thus no ruling should be established based solely upon it.
Supporting text
The stronger position, based on the opinions of the scholars who mandate *Istibra'* in all possessed slaves without differentiation, suggests that it should be required even for the menopausal slave, as the underlying reason for obligation is the uncertainty of pregnancy.