Is *Istibra'* required if the *Umm Walad* separates from the husband before consummation by divorce, or by the husband's death, completes that waiting period, and then the master dies?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the separation from the husband occurred before consummation due to divorce, or if separation occurred due to the husband's death after consummation, and she completed that waiting period, and subsequently the master dies, then *Istibra'* is obligatory upon her because she has returned to being his sexual property (*farash*).
Supporting text
Abu Bakr stated that *Istibra'* is not obligatory unless the master explicitly brings her back into his sexual possession. This is because her status as the master's *farash* was terminated by her marriage, and nothing has subsequently occurred to reinstate that relationship, making her analogous to a non-consummated slave woman.