Is sexual intercourse permitted with the enslaved woman whose usufruct was bequeathed, and who has the right to the *mahr* and the liability for the *hadd* if engaged in illicit intercourse?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

Intercourse is forbidden for both the owner of the title deed and the beneficiary of the usufruct. The beneficiary is forbidden because he does not own the title deed, nor is he a husband. The owner of the title deed is restricted because his ownership is not absolute, and he risks the woman becoming pregnant by him, potentially leading to her destruction (if she were a slave designated for manumission upon bearing his child, though this specific context is omitted, the general restriction stands). If intercourse occurs with either party under *shubha*, no *hadd* is imposed due to the existing claim of ownership interest by both parties.

Supporting text

If the impregnator is the owner of the title deed, the woman becomes an *umm walad* to him because she conceived a free child within his possession. If the impregnator was the owner of the usufruct, she does not become an *umm walad* to him, and he owes the value of the child to the owner of the title deed.