What is the ruling if a son has sexual intercourse with his father's concubine?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the son has sexual intercourse with his father's concubine, he is considered an adulterer (zanin). The prescribed legal punishment (hadd) is obligatory upon him if he knew of the prohibition. The concubine does not become an 'Umm Walad' (mother of a child) to the son. The son is obligated to pay the dowry (mahr) for her. Furthermore, any child resulting from this union is freed by the grandfather because the child is the son of his son, based on the opinion that a child born from fornication is freed by the father of the fornicator.

Supporting text

The concubine becomes permanently forbidden (mahram) to the father. The son is not obligated regarding the monetary value of the concubine because he did not remove her from his father's possession, nor did he prevent the father from selling her or otherwise disposing of her, other than enjoyment.