Book of Istibrā’ (Ascertaining That the Womb Is Free of Pregnancy)

On the Precise Meaning of the Term Istibrā’

Istibrā’ means investigating a matter, examining it, and ascertaining its true nature. This is the word’s original linguistic meaning.

Jurists, however, have come to use it specifically for ascertaining the condition of the womb, to determine whether it is free of pregnancy or carrying a child. This is established through menstruation, which Allah has ordained for the daughters of Adam and made a means of safeguarding lineage and indicating that the womb is free of pregnancy; or, when menstruation is absent, through the months and days that take its place.

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Ascertaining that enslaved women’s wombs are free of pregnancy when they are sold is obligatory to safeguard lineage, just as the waiting period is obligatory, which Allah prescribed in His Book and made one of the limits He has set for His servants. On the day the captives of Awtās were taken, the Messenger of Allah, peace and blessings be upon him, said:

“A pregnant woman must not be engaged in intercourse until she gives birth, nor a woman who is not pregnant until she menstruates.”

The Messenger of Allah, peace and blessings be upon him, also said:

“For anyone who believes in Allah and the Last Day, two men must not have intercourse with the same woman during a single interval of purity.”

It is therefore obligatory for anyone who