the explicitly stated one, and it should not be considered a difference of opinion. Those who permitted their sale may argue based on what Jabir narrated, saying: "We used to sell the mothers of children during the time of the Messenger of Allah (may Allah bless him and grant him peace) and Abu Bakr. Then, when it came to the time of Umar (may Allah be pleased with him), he forbade us, so we refrained." Narrated by Abu Dawud (8). What was permissible during the era of the Messenger of Allah (may Allah bless him and grant him peace) and Abu Bakr (9) could not be abrogated by the word of Umar or anyone else. This is because the abrogation of rulings is only permissible during the era of the Messenger of Allah (may Allah bless him and grant him peace), as a text (nass) is only abrogated by another text (11). As for the statement of a Companion, it does not abrogate, nor is it abrogated by [one's own statement]; for the Companions of the Prophet (may Allah bless him and grant him peace) used to abandon their own opinions for the opinion of the Messenger of Allah (may Allah bless him and grant him peace), and they would not abandon them for their own opinions (12). The opposition of Umar to this text is to be interpreted as meaning that it had not reached him; had it reached him, he would not have bypassed it in favor of another. Furthermore, she is a property owner (mamluka) whom her master did not free, nor was any part of her freed, and there is no kinship between them; therefore, she is not freed, just as if she had given birth to a child from her father through marriage or otherwise. Also, the basic principle is slavery, and no text, consensus (ijma'), or anything equivalent to that has been reported regarding its removal, so remaining in that state is mandatory. Moreover, if her giving birth were a cause for her manumission, the manumission would have been established at the time of its occurrence, like all other causes for it. Another narration has been reported from Ibn Abbas, that she is placed in the share of her child so that she may be freed through him (15). Sa'id said (16): Sufyan narrated to us, al-A'mash narrated to us, from Zayd ibn Wahb, who said: A man among us died and left behind an umm al-walad, and al-Walid ibn 'Uqba wanted to sell her to pay his debt. We came to Abdullah ibn Mas'ud and mentioned that to him, and he said: "If it is inevitable, then set her apart from the share of his children." We rely upon what 'Ikrama narrated from Ibn Abbas,
(8) In: The Chapter on Freeing Mothers of Children, from the Book of Manumission, Sunan Abi Dawud 2/352. (9) Omitted from B. Refer to the critical note. (10) In the original: "najza". (11) In M, there is an addition: "like it". (12) In the original: "your statements". (13) In A and M: "and not". (14) In the original: "because she". (15) Recorded by Ibn Abi Shayba, in: The Chapter on Selling Mothers of Children, from the Book of Sales and Judgments, al-Musannaf 6/440. (16) 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 7/289, 290. And by Ibn Abi Shayba, in: The Chapter on Selling Mothers of Children, from the Book of Sales and Judgments, al-Musannaf 6/438. (17) The conjunction 'wa' is omitted from the original and A. (18) In B and M: "in".