What is the ruling on the husband's and master's rights concerning a female slave married without a specific time condition for access?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the master marries his female slave without placing a condition specifying the time of access, the ruling is the same as if a condition were placed. The husband has the right to utilize her for service during the day, and the master must send her to him at night for conjugal relations, as that is her designated time for the husband. This is because the master owns two rights over his slave: the right to service and the right to consummation. If the contract is only for one right, the obligation to surrender her is limited to the time of enjoying that specific right. Sustenance is divided between the husband and master proportional to the time each utilizes her. If the master volunteers to send her to the husband day and night, the entire sustenance falls upon the husband. If the husband volunteers to leave her entirely with the master day and night, her sustenance is not waived. If both volunteer to keep her with the other and they dispute possession, the entirety of the sustenance remains upon the husband because the marriage contract inherently necessitates the obligation of sustenance, unless prevented by aggression, condition, or similar cause. Sustenance is due even if access is temporarily impossible due to sickness or menses; thus, the obligation remains if the master provides no impediment.

Supporting text

If the husband desires to travel with the slave, he is not permitted to do so because it would impede the service rightfully due to her master.