and imposing such a requirement is far removed from sound analogy. Hence, those who advocate it have differed unsettledly among several positions, each of which is open to refutation.

“Furthermore,” no one has reported that the Prophet (may Allah bless him and grant him peace) ordered a waiting period to establish freedom from pregnancy in any other case. These women had husbands and had been having intercourse. As for the slave women sold during his lifetime, they were not ordinarily used for intercourse; rather, they were generally employed for service. This implies that a slave woman whose master has not had intercourse with her need not undergo such a waiting period, just as she need not undergo it when she marries. If it is not required for marriage, then there is even stronger reason not to require it when taking her as a concubine.

Ibn ʿUmar said: “A Muslim woman need not undergo a waiting period to establish freedom from pregnancy.” This is because she has intercourse. A woman who is required to observe neither a marital waiting period nor a period to establish freedom from pregnancy when she is married off is likewise not required to observe the latter when intercourse takes place with her by virtue of ownership.

Al-Layth ibn Saʿd likewise said: “If she is among those who cannot become pregnant, no waiting period to establish freedom from pregnancy is required for her, whether measured by menstruation or pregnancy.” This accords with the scriptural text.

Abū Hanīfah said: “If they establish that she is not pregnant … (1) a waiting period incumbent upon him.” Mālik said: “If she is in his possession as a deposit for safekeeping or the like, and he knows that she has not had intercourse, he does not need a waiting period to establish freedom from pregnancy if he has already observed such a period for her (2).” The same applies to the view of the one who said that this waiting period is required only for a pregnant woman or one who has had intercourse. Al-Rūyānī inclined to this view.