The Ruling on a Man Who Committed Zina and Has a Female Slave
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the ruling on a man who commits zina (unlawful sexual intercourse) and has a slave woman?
Answer:
What is it? The one who takes a concubine, this does not make him a thayyib (one who has previously married) because he has not had intercourse with her, yes. The intercourse that makes him a thayyib (one who has previously married) requires that he marries, that he has intercourse through a valid marriage contract, and that both are adults, sane, and free. Even if his wife is a slave woman, if he contracted marriage with a slave woman, this does not make him a thayyib (one who has previously married), because his wife is not free. How much less if he hastens? This does not make him a thayyib (one who has previously married).
Honorable Shaykh, what is the ruling on a man who commits zina (unlawful sexual intercourse) and has a slave woman?
Answer:
What is it? The one who takes a concubine, this does not make him a thayyib (one who has previously married) because he has not had intercourse with her, yes. The intercourse that makes him a thayyib (one who has previously married) requires that he marries, that he has intercourse through a valid marriage contract, and that both are adults, sane, and free. Even if his wife is a slave woman, if he contracted marriage with a slave woman, this does not make him a thayyib (one who has previously married), because his wife is not free. How much less if he hastens? This does not make him a thayyib (one who has previously married).
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الحدود : باب حد الزاني — islamhouse.com (40:59)
The Arabic text is a machine transcription of the audio recording.