What is the ruling regarding sexual intercourse (*watu'*) with a purchased foster mother or sister?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The ruling, according to the Qadi's report from our companions (Ashaabuna), is that the prescribed punishment (Hadd) is obligatory. This is because the sexual organ involved is one that is never permissible (*la yustabah bi hal*), thus the Hadd is necessitated by the act of intercourse, similar to the sexual organ of a male youth.
Supporting text
Some of our companions hold that no Hadd is due in this case. This is also the position of the Ahl al-Ra'y (Hanafis) and Al-Shafi'i, as the intercourse occurred with a sexual organ owned by the man, for which he could exchange compensation or claim the dowry (*sadaq*); therefore, the Hadd is not incumbent, analogous to intercourse with a jointly owned female slave.