Is a female slave who requests marriage from her master compelled to be married off if the master does not have sexual relations with her?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the master does not have sexual relations with the slave because she is forbidden to him (e.g., being a Majusi woman or his foster-sister), or if she is permissible for him but he does not desire intercourse, he is compelled either to marry her, or to have intercourse with her if she is permissible for him, or to remove his ownership over her. He is compelled to marry her because he is her guardian (*wali*), similar to a free woman. Furthermore, her need may become intense, compelling him to alleviate it, just as he is compelled regarding maintenance (food and clothing). If he refuses, the judge (*hakim*) compels him.