Is istibra required if a master sells his female slave, and she is returned to him later through contract annulment or mutual rescission after she has been taken possession of by the buyer or after separation between the master and buyer?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If a master sells his female slave and she is returned to him via annulment or mutual rescission after the buyer has taken possession or after separation, the master is required to perform istibra upon her because this constitutes a renewal of ownership, regardless of whether the buyer was the woman's husband or otherwise.
Supporting text
If the return occurs before the parties separate or before the buyer is absent with the female slave, there are two narrations. One narration mandates istibra upon the master, which is the position of Al-Shafi'i, based on the premise of renewed ownership. The second narration states istibra is not required, which is the position of Abu Hanifa when the rescission occurs before physical handover, as istibra is pointless when certainty of purity (bara'ah) is already established.