What is the ruling when a man purchases his own wife's slave and subsequently admits to intercourse with her?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man purchases his wife's slave and subsequently admits to having intercourse with her, and she gives birth six months later, the child is attributed to him. The child is only disclaimed from him if he claims that she was first put under 'istibra' (a period of waiting to ensure non-pregnancy). This attribution occurs because the offspring is linked by intercourse under ownership ('al-wat' fi al-milk'), not marriage, as ownership was present. This status is analogous to a second husband, where the child is attributed to the later relationship even if conception by the previous relationship is possible.