Chapter on the Waiting Period to Establish the Absence of Pregnancy

Shaykh al-Islām—may Allah have mercy on him—was asked:

Concerning a man who bought a slave woman, then had intercourse with her two or three days later, before she menstruated, and sold her after ten days: may her second master have intercourse with her before she menstruates?

He replied:

By agreement of the imams, he was not permitted to have intercourse with her before ensuring that she had observed the waiting period to establish that she was not pregnant. As the Prophet—may Allah bless him and grant him peace—said:

“There must be no intercourse with a pregnant woman until she gives birth, nor with a woman who is not pregnant until she has observed one menstrual period to establish the absence of pregnancy.”

Likewise, by agreement of the imams, the second purchaser may not have intercourse with her until she menstruates while in his ownership. Indeed, according to one of the two scholarly opinions, the man who had intercourse with her may not sell her until he has ensured that she has observed this waiting period.

Is one waiting period required of him and another of the purchaser? Or are two waiting periods required? Or does a single waiting period suffice for both? There are two opinions. Allah knows best.