The benefit of the son’s labour belongs to him unless his father takes it, unlike the benefit of a slave’s labour, which belongs to his owner. Likewise, if the slave dies, his property belongs to his owner, not to his heir.

What he mentioned also indicates that a man may not have intercourse with a woman pregnant by another man. If he does, it is like watering a crop: it increases it and fosters its growth, leaving him with a share in the child. It therefore becomes unlawful for him to enslave that child. Thus, if he acquires a slave woman who is pregnant by another man and has intercourse with her, it becomes unlawful for him to enslave her child, because he has watered him, and because the Prophet, may Allah bless him and grant him peace, said:

“How could he enslave him when that is not lawful for him? And how could he leave him to be inherited—that is, make him property inherited from him—when that is not lawful for him?”

Anyone who thinks the intended meaning is, “How could he make him an heir?” is mistaken. That woman was a slave belonging to the man who had intercourse with her, and a slave is not made an heir; rather, he is made property to be inherited.

Once the woman has undergone a waiting period to establish that she is not pregnant, it is known that there is no crop there. If she is a virgin, or has been in the possession of someone who does not have intercourse with her, the matter is disputed. The stronger view is that intercourse is permissible, because there is no crop there. The evidence that her womb is free of pregnancy in this case is stronger than that afforded by waiting for one menstrual period. A pregnant woman may discharge blood resembling menstrual blood, even if this is rare. Scholars have disagreed over whether this constitutes menstruation. Thus, the waiting period is not conclusive proof that the womb is free of pregnancy, but only apparent evidence. Virginity and previous ownership by a boy or a woman are stronger indications of the absence of pregnancy.

If the seller is truthful and informs the buyer that he has already had her undergo such a waiting period, the intended purpose has been fulfilled. Requiring a waiting period to establish the absence of pregnancy in a young girl who has not begun menstruating, an elderly woman, or a woman past menopause is far-fetched in the extreme.