Is sexual intercourse by the capital owner (*Rab al-Mal*) with the Mudarabah's female slave permissible?
General Chapter
Al-Mughni
Book of Partnership
Primary text
Sexual intercourse by the capital owner with the female slave held under the Mudarabah partnership is forbidden because it might diminish her value if she is a virgin, or expose her to damage or removal from the partnership. If he engages in it, no legal punishment (*hadd*) is applied because she is his property.
Supporting text
If she becomes pregnant by the owner, she becomes his *umm walad*, and the child is free. The slave is removed from the Mudarabah contract, her value is accounted for and added to the remainder of the capital. If there was a profit in the venture, the Mudarib is entitled to his share of that profit.