❖ Source: Extracted from the book Aḥkām wa Masā’il: Kitāb wa Sunnat kī Roshnī mein by Shaykh Mubashshir Ahmad Rabbānī
What is the Islamic ruling regarding a concubine (slave-woman) and her children? Is it necessary to perform nikāḥ in order to have sexual relations with her?
Allah Almighty has revealed commands regarding concubines in several places in the Noble Qur'an. In order to understand the details of the above issue, ponder upon the following verses:
﴿وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا﴾
[Surah an-Nisāʾ: 3]
“And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hands possess. That is more suitable that you may not incline to injustice.”
﴿وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ﴾
[Surah an-Nisāʾ: 24]
“And [forbidden to you are] married women except those whom your right hands possess.”
﴿وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِن مَّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ ۚ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ ۚ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ﴾
[Surah an-Nisāʾ: 25]
“And whoever among you cannot [find] the means to marry free believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable.”
﴿وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ فَمَنِ ابْتَغَىٰ وَرَاءَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْعَادُونَ﴾
[Surah al-Mu’minūn: 5–7]
“And they guard their private parts. Except with their wives or those their right hands possess, for indeed, they are not to be blamed. But whoever seeks beyond that – then those are the transgressors.”
These verses clearly state that Allah has excluded two categories of women from the general obligation of guarding chastity:
According to the linguistic and Qur’anic usage, “wives” refers only to those women with whom a formal marriage contract has been conducted, while “those whom your right hands possess” refers to female slaves or concubines who are under one’s ownership.
Hence, these verses establish that it is permissible to have sexual relations with a slave-woman due to ownership, not marriage. If marriage were a requirement, then they would have been included under “wives,” and there would have been no need for separate mention.
Some modern reformists or Western-influenced individuals argue—citing the verse:
﴿وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ الْمُحْصَنَاتِ...﴾
—that marriage is required even with a concubine.
But this interpretation ignores the next part of the same verse:
﴿فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ﴾
“So marry them with the permission of their owners and give them their dowries in a decent manner.”
This portion indicates that the matter concerns a non-owner who wants to marry someone else’s slave-woman due to his inability to afford marriage with a free woman.
If one already owns a slave-woman, then who would the "permission of her people" refer to?
The Prophet ﷺ said:
ثلاثة لهم أجران...
“Three persons will have a double reward: one who was from the People of the Book and believed in his Prophet and also in Muhammad ﷺ; a slave who fulfills his duty towards Allah and his master; and a man who owns a slave-woman, teaches her manners and education well, then frees her and marries her — he will receive a double reward.”
[Ṣaḥīḥ al-Bukhārī, Book of Knowledge: 97 | Ṣaḥīḥ Muslim, Book of Faith: 154]
The wording “كان يطؤها” indicates that he had intimate relations with her before freeing and marrying her, clearly showing that enjoyment was due to ownership, not nikāḥ.
Imam al-Bayhaqī رحمه الله wrote in as-Sunan al-Kubrā (7/127) a chapter:
باب النكاح وملك اليمين لا يجتمعان
“Marriage and ownership (milk al-yamīn) do not combine.”
He narrated the incident of a woman brought to ʿUmar رضي الله عنه who had intercourse with her male slave. She argued based on the verse:
﴿أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ﴾
But ʿUmar رضي الله عنه punished them and sent letters to governors to enforce the ḥadd on any woman who engaged in relations with her male slave, or who married without guardian or witnesses.
This clearly demonstrates that men are allowed to benefit from their female slaves, but not the reverse.
Allah said:
﴿يَا أَيُّهَا النَّبِيُّ... وَمَا مَلَكَتْ يَمِينُكَ مِمَّا أَفَاءَ اللَّهُ عَلَيْكَ﴾
[Surah al-Aḥzāb: 50]
“O Prophet! We have made lawful to you your wives to whom you have given their due compensation, and those whom your right hand possesses from what Allah has given you as spoils of war.”
The Prophet ﷺ kept Māriyah al-Qibṭiyyah رضي الله عنها, a slave gifted by Muqawqis, as his concubine. He did not marry her, yet had relations with her, and his son Ibrāhīm was born from her.
Children born from a concubine are legitimate children of the owner. They receive full legal rights as prescribed in Sharīʿah.
After bearing a child, the slave-woman:
✔ Cannot be sold
✔ Is automatically freed upon her master's death
There is ijmāʿ (consensus) of the Companions on this.
For further details, consult the tafsīr of Surah an-Nisāʾ in:
❖ Question:
What is the Islamic ruling regarding a concubine (slave-woman) and her children? Is it necessary to perform nikāḥ in order to have sexual relations with her?
❖ Answer:
Allah Almighty has revealed commands regarding concubines in several places in the Noble Qur'an. In order to understand the details of the above issue, ponder upon the following verses:
◈ Qur'anic Evidences:
﴿وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا﴾
[Surah an-Nisāʾ: 3]
“And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hands possess. That is more suitable that you may not incline to injustice.”
﴿وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ﴾
[Surah an-Nisāʾ: 24]
“And [forbidden to you are] married women except those whom your right hands possess.”
﴿وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِن مَّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ ۚ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ ۚ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ﴾
[Surah an-Nisāʾ: 25]
“And whoever among you cannot [find] the means to marry free believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable.”
﴿وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ فَمَنِ ابْتَغَىٰ وَرَاءَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْعَادُونَ﴾
[Surah al-Mu’minūn: 5–7]
“And they guard their private parts. Except with their wives or those their right hands possess, for indeed, they are not to be blamed. But whoever seeks beyond that – then those are the transgressors.”
These verses clearly state that Allah has excluded two categories of women from the general obligation of guarding chastity:
- Wives (أَزْوَاج)
- Those whom your right hands possess (مَا مَلَكَتْ أَيْمَانُكُمْ)
According to the linguistic and Qur’anic usage, “wives” refers only to those women with whom a formal marriage contract has been conducted, while “those whom your right hands possess” refers to female slaves or concubines who are under one’s ownership.
Hence, these verses establish that it is permissible to have sexual relations with a slave-woman due to ownership, not marriage. If marriage were a requirement, then they would have been included under “wives,” and there would have been no need for separate mention.
❖ Misconception Refuted:
Some modern reformists or Western-influenced individuals argue—citing the verse:
﴿وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ الْمُحْصَنَاتِ...﴾
—that marriage is required even with a concubine.
But this interpretation ignores the next part of the same verse:
﴿فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ﴾
“So marry them with the permission of their owners and give them their dowries in a decent manner.”
This portion indicates that the matter concerns a non-owner who wants to marry someone else’s slave-woman due to his inability to afford marriage with a free woman.
If one already owns a slave-woman, then who would the "permission of her people" refer to?
❖ Supporting Ḥadīth:
The Prophet ﷺ said:
ثلاثة لهم أجران...
“Three persons will have a double reward: one who was from the People of the Book and believed in his Prophet and also in Muhammad ﷺ; a slave who fulfills his duty towards Allah and his master; and a man who owns a slave-woman, teaches her manners and education well, then frees her and marries her — he will receive a double reward.”
[Ṣaḥīḥ al-Bukhārī, Book of Knowledge: 97 | Ṣaḥīḥ Muslim, Book of Faith: 154]
The wording “كان يطؤها” indicates that he had intimate relations with her before freeing and marrying her, clearly showing that enjoyment was due to ownership, not nikāḥ.
❖ Scholarly Consensus:
Imam al-Bayhaqī رحمه الله wrote in as-Sunan al-Kubrā (7/127) a chapter:
باب النكاح وملك اليمين لا يجتمعان
“Marriage and ownership (milk al-yamīn) do not combine.”
He narrated the incident of a woman brought to ʿUmar رضي الله عنه who had intercourse with her male slave. She argued based on the verse:
﴿أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ﴾
But ʿUmar رضي الله عنه punished them and sent letters to governors to enforce the ḥadd on any woman who engaged in relations with her male slave, or who married without guardian or witnesses.
This clearly demonstrates that men are allowed to benefit from their female slaves, but not the reverse.
❖ Practice of the Prophet ﷺ:
Allah said:
﴿يَا أَيُّهَا النَّبِيُّ... وَمَا مَلَكَتْ يَمِينُكَ مِمَّا أَفَاءَ اللَّهُ عَلَيْكَ﴾
[Surah al-Aḥzāb: 50]
“O Prophet! We have made lawful to you your wives to whom you have given their due compensation, and those whom your right hand possesses from what Allah has given you as spoils of war.”
The Prophet ﷺ kept Māriyah al-Qibṭiyyah رضي الله عنها, a slave gifted by Muqawqis, as his concubine. He did not marry her, yet had relations with her, and his son Ibrāhīm was born from her.
❖ Status of Children from a Slave-Woman:
Children born from a concubine are legitimate children of the owner. They receive full legal rights as prescribed in Sharīʿah.
After bearing a child, the slave-woman:
✔ Cannot be sold
✔ Is automatically freed upon her master's death
There is ijmāʿ (consensus) of the Companions on this.
For further details, consult the tafsīr of Surah an-Nisāʾ in:- Taysīr al-Qur’ān by Mawlānā ʿAbdur Raḥmān Kīlānī
- Tafhīm al-Qur’ān by Sayyid Abul Aʿlā Maudūdī رحمه الله
