Is it permissible to have sexual relations with two sisters who are both one's bondwomen simultaneously?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
It is impermissible to combine sexual relations between two sisters who are both one's bondwomen. This is the position stated by Ahmad in the narration of the group. It was also disliked by Umar, Uthman, Ali, Ammar, Ibn Umar, and Ibn Masud. Among those who declared it forbidden are Ubayd Allah ibn Abdullah ibn Utbah, Jabir ibn Zayd, Tawus, Malik, Al-Awza'i, Abu Hanifa, and Al-Shafi'i. The prohibition is derived from the verse stating: "And that you take in marriage two sisters simultaneously..." (Quran 4:23). This prohibition applies to both sexual relations and marriage contracts, as other women mentioned in the verse share this ruling concerning both aspects. Furthermore, when a woman becomes a shared possession (like a wife), her sister becomes prohibited, similar to the ruling concerning wives.
Supporting text
Some scholars, like Dawud and the Ahl al-Zahir, maintain that it is not forbidden, using the verse that permits relations with one's female property (Quran 23:6) as evidence. They argue that the ruling concerning free women differs from that concerning bondwomen, citing the allowance for owning more than four bondwomen versus the limit of four wives. However, Ahmad, when questioned, stated that he would not say it is forbidden but that they should be prevented from doing so, suggesting a ruling of dislike rather than absolute prohibition.