What are the legal consequences if a father has intercourse with his son's female slave after the son has already had relations with her?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
If the father has intercourse with the son's slave after the son has already had relations with her, she becomes an Um Walad to the father, and the son cannot claim any compensation for her value, the value of the child, or her dowry.
Supporting text
Regarding whether the father receives discretionary punishment (Ta'zir), two views exist: one holds that he is punished because the intercourse was illicit, similar to having relations with a jointly owned female slave. The second view holds that he is not punished because he cannot be subject to retaliation for an injury against his own child, just as he cannot be punished for disposing of his child's property.