The right of concubinage with a slave woman without her consent
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. He says: Is it permissible to have a slave woman as a concubine even without her consent? And is it permissible to have her as a concubine if she has a disbelieving husband?
The Shaykh:
One may have a slave woman as a concubine without her consent, because the right of ownership is stronger than the marriage contract. Her consent is only required in the marriage contract, whereas the right of ownership is stronger. You should seek her permission because she is your property. As for the one owned by a disbeliever, if she comes into your possession, the disbeliever’s ownership of her is severed and she becomes your property. However, do not have relations with her until you ensure she is not pregnant by her former master, by waiting for one menstrual cycle. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Even if she is from a Muslim, if she is from a Muslim and he gave her to you, or gifted her to you, or sold her to you, she becomes your property and the former owner’s ownership is severed. But do not have relations with her until you ensure she is not pregnant by waiting for one menstrual cycle. Yes.
Honorable Shaykh, may Allah grant you success. He says: Is it permissible to have a slave woman as a concubine even without her consent? And is it permissible to have her as a concubine if she has a disbelieving husband?
The Shaykh:
One may have a slave woman as a concubine without her consent, because the right of ownership is stronger than the marriage contract. Her consent is only required in the marriage contract, whereas the right of ownership is stronger. You should seek her permission because she is your property. As for the one owned by a disbeliever, if she comes into your possession, the disbeliever’s ownership of her is severed and she becomes your property. However, do not have relations with her until you ensure she is not pregnant by her former master, by waiting for one menstrual cycle. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Even if she is from a Muslim, if she is from a Muslim and he gave her to you, or gifted her to you, or sold her to you, she becomes your property and the former owner’s ownership is severed. But do not have relations with her until you ensure she is not pregnant by waiting for one menstrual cycle. Yes.
Source
المنتقى من أخبار سيد المرسلين 14-03-1434هـ — alfawzan.live (1:08:03)
The Arabic text is a machine transcription of the audio recording.