A woman or man making his slave woman lawful for another man to have intercourse with

Nafi' (may Allah have mercy on him) said: Sayyiduna Ibn Umar (may Allah be pleased with them both) was asked whether a woman may make her slave-girl lawful for her husband. He said: I do not know; but if it were the time of Sayyiduna Umar (may Allah be pleased with him), he would have ordered him to be stoned. Only that slave-girl is lawful for you whom you may sell as you wish, free as you wish, give as a gift if you wish, and marry off to whomever you wish if you wish.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: The lawfulness of a private part is established only by full ownership or by marriage, such that if he wishes he may divorce, if he wishes he may free, and if he wishes he may give as a gift.

Mughirah (may Allah have mercy on him) said: I asked Ibrahim (may Allah have mercy on him) about a woman who makes her slave-girl lawful for her son. He said: She is not lawful for him except through marriage, a gift, or purchase.

Al-Hasan (may Allah have mercy on him) said: A private part is not taken on loan; if someone had intercourse with her with the owner's permission, she becomes his.

Ata (may Allah have mercy on him) said: If a man said to another, "Have intercourse with my slave-girl; if she becomes pregnant, she is yours, and if she does not become pregnant, return her to me," then in this case, if that man had intercourse with her, she becomes his.

Al-Hakam and al-Sha'bi (may Allah have mercy on them both) said: If someone made the private part of a slave-girl lawful for another man, she becomes his.

The same is reported from al-Sha'bi through another chain; the two of them said: If he made her private part lawful for him, she is his.

Ibrahim (may Allah have mercy on him) said: If a woman made her slave-girl lawful for a man and the slave-girl bore a child from that intercourse, then this is a private part that he approached in ignorance; the child will be attributed to the man, and the slave-girl will be returned to her mistress.

Ibn Sirin said: A private part cannot be given on loan.

A man asked Ikrimah (may Allah have mercy on him): My wife has made her slave-girl lawful for me; is she lawful for me? He said: No, only the one whom you own is lawful for you.