Is there a minimum age for having intercourse with a female slave?
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Can someone please verify these quotes which are alleged to be taken from Chapters on Marriage and Divorce . It seems that from these quotes, there is no minimum age for having intercourse with your female slave.
> I heard Aḥmad asked about an istībrāʾ for a girl of ten, and he
> thought there should be one. I heard Aḥmad say, “A girl of ten years
> of age may become pregnant.” Someone said to Aḥmad while I was
> listening, “Even if she is too young to menstruate (ṣaghīra)?” He
> said, “If she is [very] young, that is, **if she is still suckling**, **then**
> **waiting an istibrāʾ has no legal consequences.**”
>
> Chapters on Marriage and Divorce Chapter 2 (Abu Dawud) §59-§61
>
> I said, “What about a man who buys a female slave not old enough to
> menstruate?” He said, “He abstains from having sexual intercourse with
> her for three months.” ... I said to my father, “May he have intimate
> contact other than that of sexual intercourse with his prepubescent
> female slave?” He said, “Not until he has abstained from having sexual
> intercourse with her for three months.” ... I asked my father about a
> man **who buys a female slave who is too young to menstruate. “How long**
> **should he refrain from having sexual intercourse with her?” He said,**
> “For three months.” I said to my father, “What about intimate contact
> other than that of intercourse? Can he, for example, touch or kiss
> her?” He said, “I prefer him not to do that. He should wait an
> istibrāʾ, for I cannot be certain that if he does touch or kiss her
> and she is pregnant, he will not do so in an unlawful manner.”
>
> Chapters on Marriage and Divorce Chapter 3 (Abdullah) §138-§139
>
> I said, “Sufyān said, and he was one of those among the scholars (ahl
> al-ʿilm) whose opinion was sought, that when a man bought a young
> female slave, **one considered too young for sexual intercourse, that it**
> **was not necessary for her to wait an ʿidda.** He said, **‘What I prefer**
> **when a man buys a female slave too young for intercourse is that her**
> **new owner should neither kiss her nor have sexual contact with her,**
> **until he has waited a period of istibrāʾ on her behalf, in accordance**
> **with the sunna [concerning female slaves]**.’” Aḥmad said, “What Sufyān
> said is excellent.” Isḥāq said, “There is no harm in his kissing her
> and having sexual contact with her, because she is among those whom
> one need not fear having to return to her previous owner because of
> pregnancy.
>
> Chapters on Marriage and Divorce Chapter 3 (al-Kawsi) §224
Asked by Sami
(733 rep)
May 5, 2021, 02:17 PM
Last activity: Jul 13, 2021, 01:18 PM
Last activity: Jul 13, 2021, 01:18 PM