Is a mortgaged slave permitted to have sexual relations with a concubine without the master's permission?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

A slave with a partial ownership status (mukātab, or slave progressing towards manumission) is prohibited from taking a concubine without the explicit permission of his master because his ownership is incomplete. The reasoning provided is that his ownership is deficient, and permitting this act harms the master, similar to how marriage is restricted under these circumstances. The harm arises because the concubine might become pregnant, and this pregnancy creates complications; she might die, or she might give birth, becoming an Umm Walad (mother of his child), which prevents her sale to cover the cost of the slave's manumission contract. If the contract fails, the ownership returns to the master in a diminished capacity. If the master grants permission, the act becomes permissible.

Supporting text

The position of Al-Zuhri is that the master's household should not prevent the slave from taking a concubine. Imam Al-Shafi'i holds in one opinion that it is not permissible even if the master grants permission, arguing that it is an act detrimental to the slave himself, potentially leading to obstacles in his manumission, or comparing it to sexual relations with a jointly owned slave girl due to incomplete ownership.