What is the required waiting period for a female slave owned by a man who wishes to marry her to someone else?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The established position, which is the view of Shafi'i, Zuhayr, and Thawri, dictates that she must undergo an Istibra' by one complete menstrual cycle before being married off by her master. This is because she is currently in the legal relationship (firash) of her master, and she cannot transfer to another's legal relationship without an Istibra', similar to the case of a slave whose master has died. Moreover, she has been subjected to marital intercourse with validity, so she cannot marry before Istibra', like a woman subjected to intercourse under a misunderstanding (shubha). If the master had intercourse with her today and then married her off, and the new husband had intercourse the same day, this leads to the confusion of seed and lineage, which is impermissible. This differs from selling her, as the sale does not create a legal relationship requiring intercourse until Istibra' is complete, thus avoiding the confusion of seed.
Supporting text
The companions of Abu Hanifa hold that no Istibra' is required because the master has the right to sell her, thus he also has the right to marry her off, similar to a slave woman he does not have intercourse with. 'Ata' and Qatadah hold that her Iddah is two menstrual cycles, like the Iddah of an absolutely divorced slave woman.