Is *istibra'* required if a master's apostatized female slave returns to Islam, or if his female slave who entered into a contract of manumission becomes unable to pay and returns to his ownership?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the master's female slave apostatizes and then returns to Islam, or if she is a *mukataba* (a slave contracted for freedom) who becomes unable to pay and reverts to full ownership, she becomes permissible for her master without requiring *istibra'*. This ruling is established by Abu Hanifa. The reasoning is that the ownership right was not newly established, aligning with the case of a woman who was previously prohibited (like one undergoing *'iddah* after a revocable divorce) whose prohibition is lifted.

Supporting text

Imam al-Shafi'i requires *istibra'* in these situations because the removal of ownership entitlement followed by its return necessitates it, similar to a newly purchased slave.