What is the ruling on stipulating intercourse with a female slave upon her sale?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

Stipulating the right to sexual intercourse with a female slave at the time of her sale is impermissible, as sexual relations are restricted to what is lawful through marriage or true ownership, supported by verses concerning the guarding of private parts (Quran 23:5-7).

Supporting text

Ibn Aqil chose the view that stipulating intercourse even with a female slave sold is impermissible. This position is held by the majority of jurists.