Tasarri (lawful relations with an owned slave woman, and its rules)

التسري

Tasarri is a master's lawful relations with a woman he owns, and it is allowed by the Qur'an, the Sunna and agreement, subject to conditions: ownership, a woman who is a Muslim or a People of the Book, and no bar of kinship or marriage. Its rules cover the waiting period, the bars by marriage and kinship, the descent of the child, and the joining of two sisters in ownership. The schools differ on the descent of a child born of such relations. ¹ ² ³ ⁴ ⁵ ⁶

Summary

Tasarri is a master's lawful relations with a woman he owns, allowed by the Qur'an, the Sunna and agreement, subject to conditions, of which ownership and the absence of a bar are the main ones. ¹ ²

Definition

In the language, tasarri is taking a slave woman as a concubine. In the Hanafi sense it is preparing a woman to be lain with; it is complete there with two things, housing her and lying with her. This entry treats it as lying with an owned woman in general. ¹ ²

Basis

Jurists cite the verses on the permitted kinds of women (surah al-Nisa and surah al-Mu'minun), the report that the Prophet ﷺ gave a slave woman to Hassan ibn Thabit (may God be pleased with him), and the practice of the Companions; the community agreed on it. ³ ⁷

Conditions

Ownership is required: one may not lie with a woman owned by another, a part-freed woman, or a woman owned jointly. The woman must be a Muslim or a People of the Book, and must not be barred by a temporary or permanent bar, such as a close kinswoman. ⁴ ⁵

Waiting period, number and choice

A man who acquires a woman may not lie with her before her waiting period is complete: if she is pregnant, until she gives birth; if not, until she has one menstrual period with him. The number of concubines is not limited. It is recommended to choose one of religion, beauty and sense. ⁵ ⁸

Its effects

Lying with an owned woman makes her mother and daughters forbidden to him for ever, and makes her forbidden to his father and sons; kinship bars are established. Two sisters may not be joined in relations at once: the other is forbidden until the first is freed or sold. ⁵ If an owned woman bears a child by her master she becomes an umm walad and is freed at his death; the details are under that entry. ⁸

Descent of the child

The jurists differ. The Hanbalis and Malikis hold the child descends from the master if it is possible he is the father, on the hadith that the child belongs to the bed. The Hanafis hold it descends only by acknowledgement. Al-Hasan and al-Sha'bi hold it descends and he may not disown it once acknowledged. ⁸ ⁶

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5065

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5066

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5067

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5069

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5070

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5072

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5068

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5071

Tadbir (manumission effective after death)

Tadbir is freeing a slave to take effect after his master's death; it is a form of manumission and an act of piety. Most scholars hold that the freedman comes from a third of the estate after death. The schools differ on its effects: the Hanafis and Malikis do not sell the tadbir slave; the Shafi'is allow sale, and a later sale is allowed for debt. Killing the master and debts that consume the estate void it.