What is the ruling regarding sexual intercourse with a female relative by blood (*mahram*) who was purchased, if she is one whom the purchaser is obligated to emancipate?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

The prescribed punishment (Hadd) is obligatory upon the man. We are unaware of any differing opinion on this matter. The rationale is that ownership (*milk*) is not established over her (due to the obligation of emancipation), meaning the legal misconception (*shubhah*) necessary to negate Hadd is absent.