This is known in the case of a virgin, so there is no need for istibra'. Al-Layth said: If she is of a kind who would not typically become pregnant, then istibra' is not required for her for that reason. 'Uthman al-Batti said: Istibra' is required of the seller, but not the buyer, because if he were to marry her, the requirement of istibra' would fall upon the one who conducts the marriage, not the husband; the same applies here. Our evidence is what Abu Sa'id reported (1) that the Prophet (peace and blessings of Allah be upon him) forbade, in the year of Awtas (2), that a pregnant woman be had intercourse with until she delivers, or a non-pregnant one until she menstruates. It was recorded by Ahmad in al-Musnad (3). From Ruwayfi' ibn Thabit, he said: I will say nothing but what I heard (4) from the Messenger of Allah (peace and blessings of Allah be upon him). I heard him say: "It is not lawful for a man who believes in Allah and the Last Day to have intercourse with a woman from the captives until he has her perform istibra' with one menstrual cycle." Recorded by Abu Dawud (5). In one wording, he said: I heard the Messenger of Allah (peace and blessings of Allah be upon him) on the day of Hunayn (6) saying: "Whoever believes in Allah and the Last Day, let him not water his crop with the water of another, and whoever believes in Allah and the Last Day, let him not have intercourse with a slave woman from the captives until he has her perform istibra' with one menstrual cycle." Recorded by al-Athram. This is because he has acquired a slave woman who is prohibited to him, so it is not lawful for him before she performs istibra', like a non-virgin who is pregnant. Furthermore, it is a cause that necessitates istibra', so the case does not differ between a virgin and a non-virgin, or one who is pregnant and one who is not, just like the 'iddah (waiting period). Abu 'Abd Allah said: It has reached me that a virgin can become pregnant. Some of those present in the gathering said to him: Yes, it happened among our neighbors. Some of the followers of al-Shafi'i mentioned this. What they mentioned is invalidated by the case where one purchases her from a woman, a minor, or from someone to whom she is prohibited by breastfeeding or otherwise. What al-Batti mentioned is incorrect, because ownership can also occur through captivity, inheritance, or a will; so if he does not have her perform istibra',