the preliminaries to intercourse, such as kissing and the like, as mentioned above. This is because we have a general text that runs contrary to this ruling: Allah the Exalted says:

“Except with their wives or those whom their right hands possess, for then they are free from blame.” [Surah al-Mu’minun 23:6]

Thus we say: the basic principle regarding a female slave is that one may enjoy her as one wishes. Intercourse alone has been prohibited by the indication of the hadith, while everything else remains included within what is permissible.

If you say: Can this not be analogized to intercourse while in the state of consecration for pilgrimage, where the person in ihram is forbidden from intercourse and from its preliminaries?

We say: No analogy can be made, because the preliminaries to intercourse while in ihram are prohibited in themselves. The evidence is that a person in ihram may neither have a marriage contract concluded for him nor propose marriage. Thus, there is a difference between the two cases, and the analogy is invalid. If we were to make an analogy, it would be more appropriate, clearer, and more evident to analogize it to a menstruating woman; and a man may enjoy a menstruating woman in ways other than vaginal intercourse.

Yes, if it is assumed that a man lacks resolve and has a definite fear that, should he engage in the preliminaries to intercourse, he will have intercourse with her, then he is prevented from doing so. Each case has its own ruling.

Question: If a man acquires a female slave from a woman, must he observe a waiting period to establish that she is not pregnant?

According to the author’s view, he must. However, the correct view—chosen by Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him—is that no such waiting period is required. He said: “Because a woman does not have intercourse with her.”

If it is said: It is possible that someone may have assaulted her and had intercourse with her while she was with her mistress.