What is the ruling on a man marrying his female slave and then having intercourse with her?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 1 · Bab 1

Open in Qurani

Primary text

Marrying one's female slave and subsequently having intercourse with her is an unlawful act (*muharram*). No prescribed legal punishment (*hadd*) is incumbent upon him because she remains his property. Imami Ahmad states that he is to be disciplined with flogging (*ta'zir*), not subject to stoning (*rami*). The rationale for flogging, rather than a *hadd*, is that if a *hadd* were obligatory, stoning would be required due to the presumptive *ihsan* (being a protected person through marriage), which is not applicable here.