Does admitting intercourse without penetration or in the anus establish the relationship of *firash* for a female slave?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the master admits to intercourse without penile penetration (*Dukhul*) or specifically in the anus (*Dabur*), the slave does not become established as *firash* to him based on this admission. This is because such an act is neither explicitly mentioned nor analogous to the explicitly mentioned act, and the lineage can be negated from him by claiming *Istibra'* if the child is born after the requisite waiting period.

Supporting text

A narration from Ahmad states that she does become *firash* because he might still ejaculate, and the semen could reach the vagina. Two views among Al-Shafi'i's companions mirror these two positions.