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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a man who has freed his slave woman to have intercourse with her without a marriage contract? And did people in that era, the time of masters and slaves, deal with this in that way?

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The Shaykh : Alright, here is a question. In the name of Allah, the Most Gracious, the Most Merciful. You mentioned in the Monday lecture on such-and-such date that a master is permitted to enjoy a slave woman or female slave who lives among the members of his family, who came either as a captive or was purchased, and so on. And if she becomes the mother of his child, it is good if he frees her and then marries her. The question is: how does he enjoy her while she is his slave woman and there is no marriage contract between them? Is this permissible? And did the Muslims in this era, the time of masters and slaves, deal with it as I have mentioned? I ask for clarification. I do not think we need to add anything after what we have clarified previously, because Allah (Mighty and Majestic) says in describing His believing servants:
(5) And they who guard their private parts (6) Except from their wives or those their right hands possess, for indeed, they will not be blamed - وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ * إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ
[Al-Mu'minun 23:5-6]
. And "right of the right hand" among all Muslims is the opposite of the known marriage. The known marriage must have conditions and pillars, including the consent of the girl's guardian and the presence of witnesses, and so on. But the right of the right hand does not have these conditions. Therefore, we mentioned in a past lesson that when the leader of a Muslim army captures prisoners, he distributes these prisoners among the soldiers. The one who gets a man becomes his slave, owned by him to serve him. The one who gets a slave woman, a female, he enjoys her without a legal contract. This is the method of ownership in Islam. And of course, it has conditions. For example, if the slave woman who falls into the hand of a soldier, a master, meaning a fully married man, is captured and becomes a slave, it is not permissible for her Muslim master to enjoy her until she is purified by one menstrual cycle, out of fear that she might be pregnant from her disbelieving husband. So it is not permissible for him to enjoy her until she menstruates and becomes pure. This is a known condition. But there is no contract; merely that he owns her by the transfer of ownership from the army commander is what takes the place of the legal contract for two free spouses. So, the master's enjoyment of the slave woman does not require the known contract between two free spouses. And this is the text of the Noble Qur'an:
(5) And they who guard their private parts (6) Except from their wives or those their right hands possess وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ * إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ
[Al-Mu'minun 23:5-6]
. The right of the right hand is this, as we said in the last lesson: either he takes her by right because he was in that army under whose control that captivity fell, or he purchased her through a legal purchase. And this has details in the books of hadith and jurisprudence.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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