Enjoying a slave woman without a contract
Machine translationRead the Arabic original
The questioner:
The question is: If he acquired her mother, does he have the right to enjoy her, or is a contract and a mahr (bridal gift) required? Is there a specific limit? If he acquired her mother, does he have the right to enjoy her, or is a contract and a mahr required? Is there a specific limit, or is it a matter of place?
The Shaykh:
Inquiry: If he owns a slave woman, then yes.
The questioner:
I do not remember regarding her.
The Shaykh:
If he owns a slave woman by right of ownership, he has the right to enjoy her, to have intercourse with her, and to take her as a concubine. This is because she is under his right of hand, and she does not require a contract. Ownership is stronger than a contract[Al-Mu'minun 23:6]. What is permissible for him with his right of hand is more than what is permissible for him with his wife. Yes.
The question is: If he acquired her mother, does he have the right to enjoy her, or is a contract and a mahr (bridal gift) required? Is there a specific limit? If he acquired her mother, does he have the right to enjoy her, or is a contract and a mahr required? Is there a specific limit, or is it a matter of place?
The Shaykh:
Inquiry: If he owns a slave woman, then yes.
The questioner:
I do not remember regarding her.
The Shaykh:
If he owns a slave woman by right of ownership, he has the right to enjoy her, to have intercourse with her, and to take her as a concubine. This is because she is under his right of hand, and she does not require a contract. Ownership is stronger than a contract
Except from their wives or those their right hands possess
إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، 131 من 175 /شرح بلوغ المرام/النكاح/العدة والإحداد/صالح الفوزان/الحديث/كبار العلماء — youtube.com (46:34)
The Arabic text is a machine transcription of the audio recording.