What is the legal status of the son's female slave after her father has engaged in intercourse with her?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the father has sexual intercourse with his son's female slave, she becomes permanently forbidden (Mu'abbadah) to the son. If the son had previously engaged in intercourse with her, she becomes permanently forbidden to both the father and the son. If the father's act did not result in pregnancy, the son retains ownership of the slave, and the father is not obligated to compensate for her value. This is because the father did not remove the slave from the son's ownership, nor did her value decrease, which is analogous to when the father's wife breastfeeds the slave, making her forbidden to the son without necessitating compensation to the son.

Supporting text

Abu Hanifa opined that the father must compensate the son for the slave's value because he deprived the son of the right of coitus and ownership. This ruling by Abu Hanifa is likened to accidental killing.