Is coitus interruptus permissible with a slave wife without her consent?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two possible rulings regarding coitus interruptus with a slave wife. One view suggests it is permissible without her consent, supported by Al-Shafi'i based on the implication of the hadith regarding the free woman. Ibn 'Abbas stated that permission is required from the free woman, but not the slave woman, because the enslavement of her offspring causes her harm, unlike the case with a free woman.

Supporting text

The alternative view suggests that coitus interruptus is not permissible with a slave wife except with her permission. This is because she is a wife who possesses the right to demand intercourse during the waiting period (fay'a) and dissolution of marriage upon inability to perform intercourse (inana). Withholding ejaculation is integral to the full right of intercourse, and therefore, it cannot be done without her consent, similar to the free wife.