Does sexual intercourse with one of the wives constitute a selection?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

If a man has intercourse with one of his wives, it constitutes a selection for her, according to the primary analogy of the Madhhab. This is because intercourse is only permissible within ownership (milk), thus indicating selection, similar to intercourse with a sold female slave under an option to rescind (shart al-khiyar), or intercourse with a revocably divorced wife (raj'iyyah), which also implies selection.