Is a male slave permitted to take a concubine if his master gives permission?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

A male slave is permitted to take a concubine if his master grants permission. Once permission is given and the slave has taken a concubine, the master does not possess the right to revoke that permission. This view is attributed to Ahmad, as transmitted by Muhammad bin Mahan, Ibrahim bin Han'i, and Ya'qub bin Bakhtan. The rationale is that the master grants ownership over the intimacy (bud'a), which the master cannot reclaim, analogous to marriage. The master's right to withdraw the concubine at any time without dissolution, as stated previously in the general matter, appears contradictory to this specific ruling.

Supporting text

The view of Al-Qadi suggests that the term 'taking a concubine' (tasarri) here might be a metaphor for marriage (tazwij), in which case the master retains the right to reclaim what the slave possessed.