Chapter: Istibrāʾ (the waiting period to ensure the womb is clear)

Anyone who comes to own a slave-girl—whether by purchase, gift, or inheritance—must, before having intercourse with her, observe istibrāʾ. If she is of those who menstruate, the istibrāʾ is one complete menstrual period; if she does not menstruate because of young or old age, it is three months—unless she is so young that one of her age cannot conceive, in which case no istibrāʾ is required. If she is pregnant, istibrāʾ lasts until she delivers what is in her womb or miscarries it, whether the fetus is fully formed or not, even if it is only a muḍgha (an embryonic lump of flesh) or an ʿalaqa (a blood-clot).

For a slave-girl who menstruates, one period is sufficient, for it clears her womb. Should her menstruation cease, he must not approach her for intercourse until nine full months have passed; after that he is under no further obligation. The same ruling applies to a mustahāḍa (a woman with chronic non-menstrual bleeding), except that if, before the nine months are complete, she sees the blood of a true period, that serves as her istibrāʾ.

Some authorities have said that a mustahāḍa is not to be approached until a full year has elapsed from the start of her istibrāʾ, unless she herself suspects a pregnancy; and if she does suspect it, he may not have intercourse with her until he carries out istibrāʾ for that doubt—up to five years, which is considered the maximum possible term of pregnancy—so