Is the seller permitted to have sexual intercourse with the female slave before revoking the sale?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The seller is forbidden from having sexual intercourse with the slave before revoking the sale. The basis for this prohibition is the statement of Allah: To those who guard their private parts, except from their spouses or those whom their right hands possess, for indeed, they are not to be blamed. So whoever seeks beyond that, then those are the transgressors (Quran 20:5-7). Furthermore, initiating intercourse occurs outside of his ownership, rendering it forbidden.
Supporting text
Some followers of the Shafi'i school argue that the seller may have intercourse because the sale is nullified by the act of intercourse itself; if ownership had transferred, it reverts to him, and if not, the buyer's right ceases, meaning the seller is then having intercourse with his own slave without external rights involved. If the sale is annulled before intercourse, he must wait until she undergoes Istibra' (waiting period) before lawful intercourse is permitted, and no Hadd is due. This is the view of Abu Hanifa, Malik, and Shafi'i.