Is it permissible for a woman to have intercourse with her slave?
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Praise be to Allah
That is not permissible; rather it is an evil deed according to the
consensus of Muslim scholars, whether that is within the framework of
a marriage contract or otherwise, because she is his mistress or
owner.
Ibn Qudaamah (may Allah have mercy on him) said:
It is haraam for a slave to marry his mistress. Ibn al-Mundhir said:
The scholars are unanimously agreed that marriage of a woman to her
slave is invalid. Al-Athram narrated, with his isnaad from
Abu'z-Zubayr, who said: I asked Jaabir about a slave marrying his
mistress, and he said: A woman came to 'Umar ibn al-Khattaab, when we
were in al-Jaabiyyah. She had married her slave, and 'Umar rebuked her
and thought of stoning her, and he said: He is not permissible for
you.
If a woman owns her husband [i.e., if he is a slave or she bought him,
for example], her marriage becomes invalid. End quote.
Al-Mughni(7/113)
With regard to the words "It is permissible for a man to be intimate
with his slave woman whom he owns, by having intercourse and
otherwise, and it is not permissible for a woman to be intimate with
her slave, by having intercourse or otherwise," this is an example of
the perfect nature and wisdom of sharee'ah, because the master is in
charge of his slave, in control of him and owns him, and the husband
is in charge of his wife and in control of her, and she is subject to
his authority and control, somewhat like a prisoner. Hence the slave
is not allowed to marry his mistress, because of the contradiction
between his being her slave and her husband, and between her being his
mistress (owner) and his wife. This is something that is well-known on
the basis of common sense and rational thinking to be abhorrent, and
Islam, which is the wisest of all ways, is far above allowing such a
thing. End quote.
I'laam al-Muwaqqi'een(2/66)
Az-Zayla'i al-Hanafi (may Allah have mercy on him) narrated that there
was consensus on the invalidity of a slave's marriage to his mistress.
See:Tabyeen al-Haqaa'iq(2/109)
It says inal-Mawsoo'ah al-Fiqhiyyah(23/46-47):
If the owner is a woman and the slave is male, she has no right to be
intimate with him or to let him be intimate with her, and he has no
right to do any such thing. Rather he is haraam for her, and she is
haraam for him, whether she is single or married. Al-Qurtubi said: The
scholars are unanimously agreed on that. End quote. If she wants to
marry him, she is temporarily prohibited for him, i.e., so long as he
is her slave. So if she manumits him or sells him, it becomes
permissible for her to marry him, subject to the conditions of
marriage. Ibn al-Mundhir narrated that there was scholarly consensus
on the invalidity of a woman's marriage to her slave, and that it is
haraam to engage in intercourse and the things that lead to it, such
as kissing, embracing, touching and looking with desire. End quote.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
In the case of a slave woman, it is permissible for her master to have
intercourse with her, but is it permissible for a slave to have
intercourse with his mistress, with her permission, because Allah, may
He be exalted, says (interpretation of the meaning):"except those
(captives and slaves) whom your right hands possess" [an-Nisa' 4:24]?
He replied:
That is an evil deed. Rather this applies only to men. Allah, may He
be exalted, says (interpretation of the meaning):
"And those who guard their chastity (i.e. private parts, from illegal
sexual acts)
Except from their wives or (the captives and slaves) that their right
hands possess, for then, they are free from blame"
[al-Mu'minoon 23:5, 6].
What is meant here is slave women. The master has the right to be
intimate with his legitimate wife and his legitimate slave woman whom
he owns in a legitimate manner according to sharee'ah. But in the case
of a male slave, it is not permissible for him to be intimate with his
mistress, or to kiss her or have intercourse with her. This is an evil
act according to the consensus of Muslim scholars. He does not have
the right to be intimate with his mistress, by intercourse or
otherwise. Rather he is to serve her by doing what she instructs him
to do, and she does not have to observe hijab in front of him, but he
is not a mahram for her.
And Allah knows best.
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