What is the permissibility of pre-intercourse physical intimacy (kissing, touching below the waist) with an enslaved woman prior to *istibra'*?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
For a woman capable of intercourse, kissing or physical intimacy short of intercourse below the waist is forbidden before *istibra'*, except in the case of a captive woman (*masbiyyah*) according to one narration.
Supporting text
Al-Hasan permitted all forms of intimacy except intercourse, arguing the prohibition was specifically named for coitus to prevent mixing seminal fluids, similar to menstruation restrictions, as the ownership is established.