Under what conditions can a slave, permitted to take concubines, exercise this permission?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the master grants permission for concubinage without specifying a number, the slave is permitted to take only one concubine. This is the position of Ahmad and the People of Opinion. The rationale is that an unrestricted permission refers to the minimum number that the term necessarily implies, which is one, while any greater number is doubtful and thus remains under the default ruling of prohibition. This parallels the case where a master permits his slave to divorce his wife; he is only permitted one divorce unless specified otherwise.
Supporting text
Abu Thawr held that if the master gives permission, and the slave contracts for two women in a single transaction, it is permissible. The opposing view argues that a general permission refers only to the least that the title implies, and anything beyond that remains prohibited as if the permission was doubted.