Musannaf Ibn Abi Shayba 13:1155

Abu Bakr narrated to us, he said: Abu Khalid al-Ahmar narrated to us, from Ash'ath, from al-Hakam, regarding a man who buys a slave girl, and the seller says: "I will not hand her over to you until she menstruates." So she was placed in the custody of a neutral party, then she died. He said: "She is the property of the seller."