The Ruling on Enjoying a Slave Woman
Machine translationRead the Arabic original
The questioner:
The issue of the household, or rather, he claimed to have a slave woman. Did he enjoy her, or is a marriage contract and mahr (bridal gift) required? Is this a specific case? He bought her; does he have the right to enjoy her, or is a contract and mahr required? Is there a specific limit, or is it a matter of intelligence?
The Shaykh:
Exception: If he owns a slave woman, then... Yes.
The questioner:
That he may enjoy her.
The Shaykh:
If he owns a slave woman, he has the right to enjoy her, to have intercourse with her, and to keep her as a concubine, because she is in his right of possession and does not require a marriage contract. Ownership is stronger than a contract.[Al-Mu'minun 23:6] That is, she is his property, in his right of possession, and more is permitted for him with her than with his wife. Yes.
The issue of the household, or rather, he claimed to have a slave woman. Did he enjoy her, or is a marriage contract and mahr (bridal gift) required? Is this a specific case? He bought her; does he have the right to enjoy her, or is a contract and mahr required? Is there a specific limit, or is it a matter of intelligence?
The Shaykh:
Exception: If he owns a slave woman, then... Yes.
The questioner:
That he may enjoy her.
The Shaykh:
If he owns a slave woman, he has the right to enjoy her, to have intercourse with her, and to keep her as a concubine, because she is in his right of possession and does not require a marriage contract. Ownership is stronger than a contract.
Except from their wives or those
إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب العدة والإحداد — islamhouse.com (46:17)
The Arabic text is a machine transcription of the audio recording.