Can a father have sexual relations with his son's female slave before he takes possession of her?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
A father may not have sexual relations with his son's female slave unless he takes possession and ownership of her. If he has relations before ownership is established, she is neither his wife nor his property. If he acquires ownership, he must still seek her purification (Istibra) before intercourse, as it is the beginning of ownership, requiring purification just as in a newly purchased slave.
Supporting text
If the son had already had relations with the slave, she is permanently forbidden to the father for three reasons: first, intercourse before ownership; second, intercourse before purification; and third, she becomes like the son's conjugal partner. If the father commits this act, he is not subjected to Hadd punishment due to the suspicion of ownership, referencing the Hadith: 'You and your wealth belong to your father.' If she bears a child from the father, she becomes an Um Walad (mother of his child) to him, and the child is free, as the intercourse is based on a similarity of right that negates Hadd.