What is the ruling regarding the relationship of a man who partially owns a female slave (one who is partially freed) if he fully acquires the portion relating to her own freedom?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a man who is partially free possesses a female slave, his ownership over her is complete, and he is permitted to have intercourse with her without the permission of his master (the remaining owner). This is based on the Divine saying: {or what your right hands possess} (Quran 4:3). Furthermore, since his ownership over her is complete, allowing him to dispose of her as he wishes without his master's permission dictates that intercourse is also permissible. The remnant of slavery does not prevent him from fully utilizing what he owns, similar to how he can use or consume what he partially owns freely.
Supporting text
The judge (Al-Qadi) and the explicit view of Al-Shafi'i maintain that the ruling for a partially freed man in this matter is the same as that for a fully enslaved person. Some followers of Al-Shafi'i hold the opposing view, arguing that he cannot engage in intercourse based only on his partially freed status, just as his marriage requires his master's consent.