Is it permissible to sell a female slave while stipulating the right to sexual intercourse with her for a specified period?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The contract stipulating the sale of a female slave while reserving the right for the seller to have intercourse with her for a known period is impermissible. Sexual intercourse is only permissible within ownership or marriage. This is based on the verses: Whoever guards their private parts, except from their spouses or those whom their right hands possess, for indeed they are not to be blamed (Quran 23:5-6), and whoever seeks beyond that, then those are the transgressors (Quran 23:7).
Supporting text
The situation differs from stipulating intercourse with a female *Mukataba* (an enslaved person working towards manumission), which is permissible because the *Mukataba* remains owned, thus allowing the stipulation of intercourse within the owned property.