is within his ownership, and because there is a difference of opinion regarding its legal ruling, and he has a way to make it permissible, unlike his sister by suckling who is owned by him. He may not have intercourse with either of them until he prohibits the other and observes the waiting period (istibra') for her. Al-Qadi and the companions of al-Shafi'i said: The first remains permissible, because forbidden intercourse does not prohibit that which is lawful. However, al-Qadi said: He shall not have intercourse with her until he observes the waiting period for the second. Our argument is that the second has become a bed (firash) for him, such that the lineage of her child would be attributed to him, so her sister is prohibited to him, just as if he had had intercourse with her initially. Their statement that "that which is forbidden does not prohibit that which is lawful" is not a correct report, and it is abandoned based on the fact that if he has intercourse with the first during menstruation, postpartum bleeding, or ihram, her sister is prohibited to him, and her mother and daughter are prohibited to him in perpetuity, and likewise if he has intercourse with a woman through doubt (shubha) in this state. If he has intercourse with a woman, her daughter is prohibited to him, whether he had intercourse with her lawfully or unlawfully.
Section Six: Whenever his ownership of the woman with whom he had intercourse ceases—a cessation that makes her sister permissible for him—and he has intercourse with her, then the first returns to his ownership, he may not have intercourse with either of them until the other is prohibited, by removing her from his ownership or by marriage. Ahmad stipulated this. The companions of al-Shafi'i said: Neither of them is prohibited to him, because the first did not remain a bed, so it is similar to the case where he has intercourse with a slave girl and then buys her sister. Our argument is that this one has become a bed, and the one who was a bed has returned to him, so each one of them whose sister is a bed is prohibited to him, just as if she were alone in that status. As for if he uses a slave girl for intercourse [and then buys] her sister, then...
(12) In [A] and [M]: "wa-li-annaha" (and because it/she). (13) Omitted from [A]. (14) In the original: "yuhillu" (makes permissible). (15) In [A] and [M]: "nasab" (lineage). (16) Omitted from the original and [B]. (17) Omitted from the original. (18) In the original: "ama" (slave girl). (19) In the original, [A], and [B]: "imra'atihi" (his wife/woman). (20) In [A], [B], and [M]: "wa-ishtara" (and bought).
