Abu ad-Dardā’ reported: The Prophet (may Allah's peace and blessings be upon him) came across a woman in the advanced stage of pregnancy at the door of a tent, and he said: "Perhaps he wants to copulate with her." They said: 'Yes.' Thereupon, the Messenger of Allah (may Allah's peace and blessings be upon him) said: "I resolved to curse him with a curse that would enter his grave with him. How would he be his heir while this is not lawful for him?! And how would he employ him while this is not lawful for him?!".
Commentary :
The Prophet (may Allah's peace and blessings be upon him) used to forbid his Companions from unlawful things and all that Allah, the Exalted and Glorified, prohibited. He would sometimes do so by encouraging them to obtain the reward with Allah Almighty and other times by intimidating them from the penalty and punishment of Allah.
In this Hadīth, Abu ad-Dardā’ (may Allah be pleased with him) informs that while the Prophet (may Allah's peace and blessings be upon him) was on a journey, he passed by a woman in the advanced stage of pregnancy. She was one of the captives and was sitting at the door of a tent. The Prophet (may Allah's peace and blessings be upon him) said to her: "Perhaps he", meaning her owner and master who obtained her as his share of the captives. "wants to copulate with her" i.e., wants to engage in sexual intercourse with her. However, it is not lawful for the master of a pregnant captive to copulate with her until she gives birth. Then, the Prophet (may Allah's peace and blessings be upon him) said that he resolved and intended to supplicate against him to be turned away from Allah's mercy and for that to continue after his death. He (may Allah's peace and blessings be upon him) intended to curse him because he failed to ascertain the emptiness of her womb, for if he copulates with his captive whom he owns while she is pregnant from someone else, he is thus neglecting to ascertain the emptiness of her womb. However, the cursing did not take place because this man was not aware of the ruling.
His words: "How would he be his heir while this is not lawful for him" means that this slave-girl captive may give birth after six months, and thus, the baby is likely from this captor, and it is likely from someone before him. So, if he is from the captor, then he is his child, and they may inherit from each other; and if he is from someone else, then he and the captor may not inherit from each other, given the lack of blood relationship.
Then, he said: "And how would he employ him," i.e., the child? If he employs him as a slave, it is probable that he came from him, and thus, he will be enslaving his child and cutting off his own lineage, and for this, he will be worthy of cursing. And if he attributes the baby to himself as his child, it is likely that he did not come from him, and thus he will be making him his heir, whereas he is not his heir, and for this, he will be worthy of cursing.
The Hadīth indicates that captivity nullifies previous ownership and dissolves marriage.
It also indicates that when there is a new owner of a female slave, it becomes due to ascertain the emptiness of her womb. So, he may not copulate with her until her womb is verified to be empty of pregnancy.
It also points out that it is forbidden to copulate with a pregnant captive until she gives birth..