He said: He may not sell him, for death is more certain than the term. This is not a qiyas (analogy); if it is permissible for him to sell him before the beginning of the month, then he has the right to sell him before death arrives. They say regarding someone who says: "If I die from this illness of mine, then my slave is free," and he does not die from that illness, it is of no consequence. But if he says: "If I die, he is free," he may not be sold. This is contradictory; its root is a bequest (wasiyya) from the third [of the estate], so he has the right to alter his bequest as long as he is alive. As for their report, it is not authentically attributed to the Prophet (peace be upon him); it is only from the statement of Ibn Umar. Al-Tahawi said: It is from Ibn Umar and is not musnad (attributed) to the Prophet (peace be upon him). [It is possible that he meant after death, or as a recommendation. As for the umm al-walad, her emancipation is established without her master's choice, it is not] a charitable gift, it is from the entire estate, and it is impossible to invalidate it under any circumstances, whereas tadbir (post-mortem emancipation) is different. The basis for al-Khiraqi’s statement is that the Prophet (peace be upon him) only sold the mudabbar out of need, so it should not be extended beyond the scope of that need.

1969- Issue: He said: (The mudabbarah [female slave subject to post-mortem emancipation] may not be sold to satisfy a debt, in one of the two narrations from Abu Abd Allah, may Allah have mercy on him. The other narration is that the slave girl is like the male slave.)

We do not know of this distinction between the mudabbarah and the mudabbar from anyone other than our Imam, may Allah have mercy on him. He only exercised caution in the narration regarding the prohibition of her sale because it involves the permissibility of her private parts and authorizing the purchaser to have intercourse with her, along with the disagreement regarding her sale and her lawfulness, so he disliked proceeding with that given the disagreement over it. The evident meaning is that this prohibition from him was by way of piety (wara') and not absolute prohibition; for he only said: "I do not like her sale." The correct view is the permissibility of her sale, for Aisha sold a mudabbarah of hers who had bewitched her. Also, the mudabbarah is in the same legal position as the mudabbar, so what is established for the latter is established for her.