What is the definition of 'tasarri' (taking a concubine/cohabiting with a concubine) that causes a person to violate an oath?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Violation of the oath 'I will not take a concubine' (La tasariyya) occurs simply by engaging in coitus (wata') with the slave woman. This view is mentioned by Abu Al-Khattab. The basis for this understanding is that 'tasarri' is derived from 'sirr' (secrecy), referring to the act of intercourse which occurs secretly. Evidence includes the Quranic verse forbidding secret appointments with women during 'idda' (Quran 2:235) and poetic usage where 'sirr' implies intercourse. Furthermore, any ruling related to intercourse does not require ejaculation or establishing a private chamber (tahsin) for its validity, similar to other legal rulings.
Supporting text
The view of Al-Qadi is that the oath is not violated until ejaculation occurs following the intercourse, regardless of whether the man is fertile or has been castrated. Abu Hanifa holds that violation occurs only after the man has secluded her (tahsinuha) and shielded her from the public, based on the linguistic root of 'tasarri' being secrecy.