What is the ruling if a non-master (ajnabi) forces sexual intercourse upon the endowed slave, or if she consents?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 5 · Bab 1

Open in Qurani

Primary text

The fornicator is subject to the prescribed punishment (hadd) provided there is no ambiguity (shubhah) that negates the crime. He owes the dower amount to the trust (ahl al-Waqf) because he engaged in intercourse with another's slave-woman, which is analogous to an unattached (mutlaqah) slave. Her offspring will also be considered endowed property along with her.