disposing of her in any way that transfers ownership, such as by gift or endowment (waqf), nor acts intended for sale, such as pledging her as collateral (rahn). Furthermore, she is not inherited, because she is freed upon the death of the master (1), and ownership over her ceases. This has been narrated from Umar (2), Uthman (2), Aisha (3), and the general body of jurists. It has been narrated from Ali, Ibn Abbas, and Ibn al-Zubayr that the sale of such women is permissible, and Dawud held this view. Sa'id said (4): Sufyan narrated to us, from 'Amr, from 'Ata, from Ibn Abbas, regarding the umm al-walad (mother of a child), he said: "Sell her just as you would sell your sheep or your camel." He said (5): Abu 'Awana narrated to us, from Mughira, from al-Sha'bi, from 'Ubayda, who said: Ali addressed the people and said: "Umar consulted me regarding the mothers of children, and Umar and I were of the view to free them. Umar decreed this throughout his lifetime, and Uthman likewise throughout his lifetime. Then, when I assumed authority, I decided to return them to bondage." 'Ubayda said: "The view of Umar and Ali acting in consensus is more beloved to us than the view of Ali alone." Salih ibn Ahmad narrated, saying: I asked my father: "Which view do you hold regarding the sale of mothers of children?" He replied: "I dislike it, and Ali ibn Abi Talib, may Allah be pleased with him, did sell them." In the narration of Ishaq ibn Mansur, he said: "I do not approve of selling them." Abu al-Khattab stated: "The literal meaning of this is that their sale is valid despite the dislike." Thus, he treated this as a second narration from Ahmad, may Allah be pleased with him. The correct position is that this is not a narration (7) that contradicts his statement that "they may not be sold," because the early generations (salaf), may the mercy of Allah be upon them, frequently used the term "dislike" (karaha) to mean "prohibition" (tahrim). Whenever prohibition and prohibition of an act are explicitly stated in all other narrations from him, it is mandatory to interpret this ambiguous wording in light of the explicit one, and it should not be considered a difference of opinion.
(1) In A and B: "her master". (2) See what follows regarding the report of Ali narrated by 'Ubayda. (3) Recorded by al-Bayhaqi, in: The Chapter of a Man Having Intercourse with his Slave Woman by Right of Ownership and She Bears Him a Child, from the Book of Freeing Mothers of Children, al-Sunan al-Kubra 10/345. (4) In: The Chapter on What Has Been Reported Regarding Mothers of Children, from the Book of Divorce, al-Sunan 2/63. Also recorded by 'Abd al-Razzaq, in: The Chapter on Selling Mothers of Children, from the Book of Divorce, al-Musannaf 7/290. (5) In the previous chapter, al-Sunan 2/60, 61. Also by al-Bayhaqi, in: The Chapter of a Man Having Intercourse with his Slave Woman by Right of Ownership and She Bears Him a Child, from the Book of Freeing Mothers of Children, al-Sunan al-Kubra 2/60, 61. And by Ibn Abi Shayba, in: The Chapter on Selling Mothers of Children, from the Book of Sales, al-Musannaf 6/436, 437. (6) In the original, there is an addition: "in". (7) In M: "narration".
