We say: The basic presumption is that this has not occurred. If we were to entertain such a possibility, we would have to say that you could not have intercourse with either your wife or your female slave, because it is possible that someone assaulted her while she was with you! No one says this. Accordingly, the stronger view in this matter is that if he acquires her from a woman, no waiting period to establish that she is not pregnant is required.

If he acquires her from a man, but she is a virgin and her virginity remains intact, must he observe such a waiting period? According to the author’s wording, he must, because he said: “Whoever acquires a female slave with whom intercourse is possible,” and did not say: “Whoever acquires a non-virgin female slave.” Thus, if he acquires a virgin female slave, he must observe the waiting period, even though a virgin has not been penetrated; for had she been penetrated, her virginity would have been lost. Shaykh al-Islam said that no waiting period is required if she is a virgin, because the reason for which the waiting period is obligatory is absent.

If he acquires a female slave from an honest and trustworthy man who tells him that he has not had intercourse with her, then according to the established school, the waiting period is required. According to Shaykh al-Islam, however, it is not required, because the man has informed him that he did not have intercourse with her. Likewise, if he tells him that he had already established that she was not pregnant before selling her, the established school holds that the waiting period is required even if the former owner had already done so. According to the Shaykh, if he trusts him, it is not required.

However, the Shaykh’s view in this last case is not like his view where she is a virgin or where he acquires her from a woman. His view when he acquires her as a virgin or from a woman is undoubtedly correct. As for this case, someone may say: Even if the seller informs him that he had established that she was not pregnant, or that he had not had intercourse with her, he may be suspect in making this claim, in order to make her more desirable to purchase. For if we say that she does not require a waiting period, she will be more desirable than if we say that she does require one, because he can enjoy her from the moment he purchases her—especially according to the established school, if we say that neither intercourse nor its preliminaries are lawful. But if we say