Thus, he returned her when her husband stated that he had accepted Islam and that she knew of his conversion, without asking him for further details: Had they accepted Islam together? Or had she accepted Islam before the waiting period expired? Not requesting further details indicates that the answer applies generally and without qualification to all the circumstances encompassed by the question.

This is because whatever a person possesses when he accepts Islam remains his. If he accepts Islam while inheritances remain undistributed, they are distributed according to Islamic law. Likewise, contracts under which possession has not yet been taken are governed by Islamic law. If a slave belonging to a non-Muslim living under Muslim protection accepts Islam, the owner’s ownership does not cease automatically. Rather, he is ordered to relinquish his ownership and is prevented from retaining control over the slave, having sexual relations with his female slaves—whether a slave who has borne him a child or another—or employing their services.

Likewise, when a woman accepts Islam, she and her husband are kept apart. If he accepts Islam before another man acquires a right to her, his case is like that of an owner who accepts Islam before his slaves are sold: he has the greater right to them. Maintaining an existing bond has a stronger claim than establishing a new one.

Moreover, the view that separation takes effect immediately contradicts what is established through mass transmission from the Sunnah of the Messenger of Allah (may Allah bless him and grant him peace). The view that the matter remains pending until the waiting period expires does so as well. The Prophet (may Allah bless him and grant him peace) set no such time limit for the women and men who accepted Islam during his lifetime, despite their considerable number. Nor is there any relevant connection between the waiting period and marital entitlement arising from either spouse’s acceptance of Islam. Drawing an analogy between this and taking back a divorced wife is, in numerous respects, among the most invalid forms of analogy.

Furthermore, the Prophet (may Allah bless him and grant him peace) said concerning female captives:

“A pregnant woman must not be approached sexually until she gives birth, nor a woman who is not pregnant until she menstruates.”

This hadith implies that nothing is required for establishing freedom from pregnancy except menstruation, or pregnancy in the case of a young girl who does not menstruate; and this cannot be envisaged in the case of a slave woman. Thus, the hadith does not impose a waiting period to establish freedom from pregnancy upon a woman who does not menstruate.