making her the dower, the consideration in a khulʿ divorce, or any other contract meant to convey ownership—such as a pledge or a bequest—are all void, because she has earned the right to freedom upon her master’s death, and a sale or the like would thwart that right.

The Minister said: They are unanimously agreed that mothers of children are not to be sold.

Ibn Rushd stated: It is firmly established that ʿUmar ruled she may not be sold and that she becomes free from her master’s capital when he dies. The same is reported from ʿUthmān. This is the position of most of the Successors and the majority of the jurists of the major centers. Ibn ʿAbd al-Barr, Abū Ḥāmid al-Isfarāʾīnī, Abū al-Walīd al-Bājī, Ibn Baṭṭāl, al-Baghawī, and others have all transmitted consensus that it is impermissible to sell her or to transfer ownership of her in any form.