What is the legal status of a father having sexual relations with his son's female slave if the father takes possession of her before the son does?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
If the father possesses and owns the son's female slave before the son has had relations with her or before his need for her has become attached, the father acquires ownership, and she becomes his slave girl, judged the same as one he acquired through purchase. Sexual intercourse in this situation, if performed before true ownership is established, is a forbidden act because God Almighty stated that those who guard their private parts, except from their wives or what their right hands possess, are not blameworthy; any seeking beyond that constitutes transgression (Quran 23:5-7). This slave girl is neither his wife nor his property.
Supporting text
An argument might be raised based on the Prophet's statement, 'You and your wealth belong to your father,' suggesting the father's right of ownership over the son's property. This is refuted because the Prophet's statement is metaphorical, not literal ownership, evidenced by the fact that the son himself is not owned by the father. True ownership belongs to the son, as demonstrated by his right to have relations with his own slave girls, dispose of his wealth, sell, gift, or manumit it. Furthermore, if the son dies, the father inherits only what is prescribed, not all his wealth; similarly, if the father dies, the son's wealth does not pass to the father's heirs. The father is also not obligated to perform Hajj, Zakat, or Jihad based on the son's wealth, confirming the statement is a simplification comparing the son's wealth to the father's property in some aspects.