What is the legal status of the buyer's intercourse with the concubine if the sale is rescinded?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The act of intercourse is not considered to have occurred while the concubine was in another's possession after the contract is rescinded. Rescission nullifies the contract from the moment of rescission, not from its origin. This is evidenced by the fact that rescission does not invalidate the right of pre-emption (shuf'ah) nor does it require the return of any earnings (kasb) acquired during the contract period. Therefore, the intercourse occurred while the concubine was in the buyer's possession.