What is the ruling on having sexual intercourse with a female slave (*jariyah*) before performing *Istibra'* (seeking purification by waiting)?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

Sexual intercourse with a female slave who requires *Istibra'* before the waiting period is completed incurs sin, and the obligation of *Istibra'* remains because it is a right against the possessor which is not negated by transgression. If conception does not occur, she undergoes the standard *Istibra'* period applicable before the coitus. If conception does occur, she must wait until she delivers the child, and the master is forbidden from enjoying her during the pregnancy because *Istibra'* was omitted. If the slave was pregnant at the time of purchase from the previous owner, her *Istibra'* is fulfilled upon delivery. Ahmad stated that the offspring does not belong to the buyer (i.e., is not claimed by him) but must be freed because the buyer has mixed himself with it due to the semen increasing the child's existence. Evidence supports this prohibition: The Prophet (PBUH) severely condemned a man intending to have intercourse with a pregnant slave woman, stating that it is impermissible to claim paternity or utilize the resultant child if paternity is not established, as the intercourse involves mixing with what is not his own progeny. Furthermore, the Prophet (PBUH) forbade intercourse with pregnant women until they deliver their burdens. (Hadith narrated by Abu Dawud on the authority of Abu Ad-Darda; Hadith narrated by An-Nasa'i and At-Tirmidhi on the authority of Ibn Abbas).

Supporting text

If the slave was pregnant at the time of sale due to the prior owner, her required waiting period concludes upon her delivery.