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Text and translation
English translation
1564. Umm Ḥabibah bint 'Irbād bin Sāriyah narrated from her father who told her that the
Messenger of Allāh ﷺ prohibited intercourse with female prisoners, until they deliver what is in their wombs.” (Hasan)
[Abū ‘Eisā said:] There is something on this topic from Ruwaifi’ bin Thābit, and the Hadīth of ‘Irbāḍ is a Gharīb Hadīth. This is acted upon according to the people of knowledge.
Al-Awzā’ī said: “When a man purchases a slave girl from the captives and she is pregnant, then it has been related from ‘Umar bin Al-Khaṭṭāb that he said: ‘Do not have intercourse with the pregnant woman until she gives birth.’” Al-Awzā’ī said: “As for the free women, then the Sunnah about them has passed, in that the Iddah be observed.” All of this was narrated to me by ‘Alī bin Khushram who said: “‘Eisā bin Yūnus narrated to us from Al-Awzā’ī.”
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Commentary
Having sexual intercourse with a pregnant slave woman who is given to a warrior as his share of the spoils is not allowed. Since the pregnancy is from someone else, the owner of the pregnant slave woman is not allowed to have sexual relations with her until she gives birth to the child.
