Is sexual intercourse permissible for the beneficiary (Mawquf 'alayh) with a female slave dedicated in Waqf?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
Sexual intercourse by the beneficiary with the dedicated female slave is prohibited. This prohibition stems from the inability to guarantee that she will not become pregnant, which would diminish her value, cause her destruction, or remove her from the Waqf by her becoming an *Umm Walad* (mother of a free child). Because the beneficiary's ownership is incomplete, this act is restricted.
Supporting text
If the beneficiary engages in sexual intercourse, no Hadd punishment is inflicted due to the existence of a legal doubt (*shubhah*). Furthermore, no Mahr (dower) is due, as liability for it would fall upon the beneficiary himself, and a person is not obligated to pay anything to himself.