Is it obligatory for a master to require *istibra'* (waiting period for determining purity of lineage) for his female slave whom he married off, if the husband divorces her?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
It is not obligatory for the master to require *istibra'* for his female slave after her husband divorces her. However, if the divorce occurs after consummation, or if the husband dies, she must observe the waiting period (*'iddah*). This view is held by Abu Hanifa. The justification is that the master's ownership rights over her sexual use did not genuinely renew, similar to a woman released from religious prohibition or a pawned woman whose pledge is redeemed, for whom *istibra'* is unanimously deemed unnecessary. *Istibra'* is legislated based on the presumption of renewed ownership, which is absent here.
Supporting text
Imam al-Shafi'i mandates *istibra'* in all these cases because the master's right to enjoy her sexual use was removed and then returned, making her analogous to a newly purchased female slave.