the sale. If he denies it, the word of the purchaser is accepted. If each of them claims that the child belongs to the other, it is presented to the qafah (experts in physiognomy), and it is attributed to the one to whom they attribute it, based on the hadith of Abd al-Rahman ibn Awf, and because it is possible that it belongs to either one of them. If the qafah attribute it to both of them, it is attributed to both, and the sale should be voided, and she becomes an umm walad (mother of a child) to the seller, because we realize that she was pregnant by him before he sold her. The fifth state: If she gives birth to the child less than six months since he sold her, and he had not admitted to having intercourse with her, the sale is valid in outward appearance, and the child is the property of the purchaser. If the seller claims it, the ruling regarding it is the same as what we mentioned in the third state.

1363 - Issue: He said: "The wife whose husband has passed away shall abstain from perfume, adornment, staying the night in a place other than her home, kohl made of antimony, and the niqab."

This is called ihdad (mourning). We do not know of any difference of opinion among the scholars regarding its obligation for a woman whose husband has passed away, except for al-Hasan, who said: "Ihdad is not mandatory." This is a view in which he deviated from the scholars and opposed the Sunnah, so no attention is to be paid to it. Both the free woman and the slave, the Muslim and the dhimmi (protected non-Muslim), and the adult and the minor are equal in its obligation. The proponents of reason (Ashab al-Ra'y) said: "There is no ihdad for a dhimmi woman nor a minor, because they are not legally responsible (mukallaf)." Our evidence is the generality of the hadiths that we will mention, and the fact that a non-responsible person is the same as a responsible person in abstaining from prohibitions, like alcohol and adultery; they only differ regarding the sin, and so it is with ihdad. Furthermore, the rights of a dhimmi woman in marriage are like the rights of a Muslim woman, and so it is regarding what is incumbent upon her.

Section: There is no ihdad for other than wives, such as an umm walad when her master dies. Ibn al-Mundhir said: "I do not know them to differ on that." Likewise, a slave girl with whom her master has intercourse, if he dies leaving her behind, nor a woman with whom intercourse took place by mistake (shubha), nor a woman who has been committed adultery with; this is due to the saying of the Prophet, peace be upon him: "It is not permissible for a woman...