What is the ruling on a husband having intercourse with a concubine whose ownership he has lost knowledgeably?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the husband has intercourse with the concubine knowing that his ownership has ceased and that the intercourse is forbidden to him, the prescribed legal punishment (Hadd) is incumbent upon him. This is because the act constitutes intercourse outside of his legal domain. The full dower (*mahr*) is due to her mistress, regardless of whether the mistress was coerced or consented, because the dower belongs to the owner. The dower is not negated by the concubine's offering herself or consenting, similar to the situation where one offers their hand for amputation. Any resulting child is a slave belonging to the woman (the concubine's owner).