The Prophet ﷺ said, "It is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman until he has ascertained that she is not pregnant."
عن النبي ﷺ قال: لا يحل لامرئ يؤمن بالله واليوم الآخر أن يقع على امرأة من السبي حتى حتىيستبرئها.
Narrated by Abu Dawud (2708), Tirmidhi (1131), Ahmad (16992), Ibn Hibban (4850), Bayhaqi (7/449), and Saeed bin Mansur in his Sunan (2722), all of them through various routes from Ruwayfi, who mentioned it in a longer context, and it is documented in the book of Transactions.Some added the phrase, "until she clears herself with a menstrual period." Abu Dawud said, "The mention of 'menstrual period' is not reliably preserved." Tirmidhi said, "This is a hasan hadith, and it has been narrated through more than one route from Ruwayfi bin Thabit. The scholars act upon this, holding that if a man buys a slave-girl who is pregnant, he may not have intercourse with her until she gives birth."On this subject there is also what has been narrated from Abu Saeed Khudri, that the Prophet ﷺ said concerning the captives of Awtas, "A pregnant woman should not be had intercourse with until she gives birth, nor one who is not pregnant until she has had one menstrual cycle." This was narrated by Abu Dawud (2157), Ahmad (11596), Hakim (2/195), and Bayhaqi (7/449), all of them through the route of Sharik, from Qays bin Wahb, from Abu Wadak, from Abu Saeed Khudri, who mentioned it. Hakim said, "Sahih according to the standard of Muslim." I say, rather its chain is daif because of Sharik, who is Sharik bin Abdullah Nakhai, weak in memory. As for Muslim, he only cited him coupled with another narrator, and his other chains all revolve around Sharik bin Abdullah.On this subject there is also what has been narrated from Irbad bin Sariya, "that the Messenger of Allah forbade that captive women be had intercourse with until they had given birth to what was in their wombs." This was narrated by Tirmidhi (1474, 1564) and Ahmad (17153), both through the hadith of Abu Asim, who said, Wahb bin Khalid Himsi narrated to us, saying, Umm Habiba bint Irbad narrated to me, saying, my father narrated to me, "that the Messenger of Allah, on the day of Khaybar, forbade every bird with talons, the meat of domestic donkeys, the khalisa, the mujathama, and having intercourse with captive women until they gave birth to what was in their wombs."Tirmidhi said, "The hadith of Irbad is a gharib hadith." I say, meaning daif, because it contains Umm Habiba bint Irbad, whom no one has verified as reliable, and no one has narrated from her except Wahb bin Khalid, so she is "unidentified" (majhulat al-ayn).