—until she expels something in which a discernible feature of the human form can be seen—an eye, a nail, a finger, and the like. The first opinion is the established position of Mālik.

Whoever admits to having had intercourse with his own slave-girl thereby treats her as his lawful bed, and any child she later bears is attributed to him, unless he claims to have observed a waiting-period (istibrāʾ) of at least one menstrual cycle. This is the version transmitted by the scholars of Egypt from Mālik. Those of Madinah report that the waiting-period is three cycles, but the former view is the sound one, God willing.

If he makes no such claim, the child is linked to him whenever it is proven that she gave birth within the maximum gestational term for women, namely four years; Mālik added, “and even five years is not far-fetched.” Should he assert istibrāʾ and she delivers after more than six months, the child is disavowed from him without an oath. Some of his companions said that he must swear, but the earlier view is correct, God willing, for once he declares her womb free of pregnancy he is allowed to marry her off or sell her on the strength of his statement.

If he acknowledges intercourse with his slave but does not claim istibrāʾ, and she then produces a child while he denies that she bore it, the child is ascribed to him if she brings two midwives who testify that she did in fact give birth; absent such testimony, it is not ascribed. Scholars differed over whether he must swear. One report from Mālik states that his denial is accepted only with an oath; another says that his denial is accepted without an oath—and this latter is the correct position.

When a man sells a slave-girl, dies and leaves her, or emancipates her, and she subsequently bears a child that appears to be his, the child is attributed to the seller, unless he was the one who freed her and then she gave birth; in that case the child is still attributed to him unless he claims to have observed istibrāʾ. With respect to the manumitter and the deceased owner, the attribution remains in force until the slave-girl marries, up to the longest period for which women may carry a pregnancy.

If a debtor whose liabilities equal or exceed his assets has intercourse with a slave-girl who then conceives, she becomes his umm al-walad and neither he nor anyone else may sell her to settle his debts.

If a man sells an umm al-walad on the condition that the purchaser emancipate her, and the purchaser does emancipate her as stipulated, the emancipation stands, the purchaser may reclaim the price from the seller, and her walāʾ returns to the seller. But if he sells her without stipulating emancipation, the sale is annulled and the price returned to the purchaser; and if the purchaser sets her free, that manumission is likewise void.