Is it permissible for a man to have sexual relations with his female slave if he knows she engages in illicit sexual relations (fujur)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Sexual intercourse with a female slave known to be engaged in illicit relations is prohibited. Ahmad holds that such intercourse should be avoided lest she conceive a child not fathered by the master. Ibn Mas'ud stated his dislike for sexually approaching his slave girl who has committed fornication. Malik narrated from Yahya bin Sa'id, from Sa'id bin al-Musayyab, that he forbade a man from having intercourse with his slave girl who was pregnant with a child conceived by another man. Ibn Abd al-Barr stated that this prohibition is agreed upon (ijma').
Supporting text
Ibn Abbas permitted the intercourse with a promiscuous slave girl, and this view is also narrated from Sa'id bin al-Musayyab. It may be that the prohibition was due to intercourse occurring before seeking her purification (istibra') or if the master did not protect her and prevent her from illicit acts, thus reconciling the two positions.