Is consent necessary for sexual relations with a concubine?
In discussing the necessity of consent for sexual relations with a concubine, we can look at what the Prophet Muhammad ﷺ and Islamic jurisprudence say on the matter.
One relevant narration states that a man asked about the situation of giving his wife a concubine whom he had also been intimate with. The response was: There is no harm.
Al-Kafi 3:202. This indicates that sexual relations with a concubine are permissible, but it does not explicitly address the requirement of consent.
Additionally, the Prophet ﷺ emphasized the importance of seeking consent from a female slave when it comes to marriage arrangements. He instructed that her consent should be sought, and if she is shy, then her silence is her consent.
Sahih Muslim 16:77. This illustrates a principle that consent is a significant factor in matters concerning intimate relationships, including with concubines, although the specifics may differ based on the context and the relationship dynamics involved.
Therefore, while the direct requirement for consent in the context of concubines may not be uniformly stated, the principles of seeking consent and treating individuals with respect and kindness are emphasized in Islamic teachings.
Sources
-
Al-Kafi 3:202
Al-Kafi · Book 3, Hadith 202
Hamza ibn Humran told me: I asked Abu Abdullah about ability (istita'ah), but he did not answer me. I entered upon him another time and said, "May Allah reform you, something has settled in my heart from it and only hearing something from you will remove it." He said, "Then what harms you from what is in your heart?" I said, "May Allah reform you, I say that Allah the Blessed and Exalted does not burden the servants with what they cannot bear and does not burden them except with what they can endure, and that they do nothing of that except by Allah’s will, command, decree, and predestination." He said, "This is the religion of Allah which I and my fathers follow." — OR — When Ali ibn al-Husayn (peace be upon him) saw a funeral approaching, he would say: Praise be to God who did not make me among the distinguished black ones. — OR — Ali ibn al-Husayn (peace be upon him) used to say: O assembly of those who did not perform Hajj, rejoice in the pilgrims, greet them with peace and honor them, for this becomes obligatory upon you and you share with them in the reward. — OR — I asked him about a man who gives his wife as a gift a concubine whom he also had intercourse with. Is it lawful for her husband to have intercourse with that concubine? He said: There is no harm. — OR — Regarding a man who confessed to adultery four times while being married and chaste: he is to be stoned until he dies or denies it before being stoned, in which case he would be spared and not stoned. Regarding theft, the hand is not amputated until the person confesses twice. If he retracts after confessing once, he is held responsible for theft but not amputated if there is no testimony. Regarding adultery, the married adulterer is not to be stoned unless he confesses four times if there are no witnesses; if he retracts, he is spared and not stoned.
-
Sahih Muslim 16:77
Sahih Muslim · Book 16, Hadith 77 · Narrated by Aisha
I asked the Messenger of Allah, peace be upon him, about a slave girl to whom her owners intend to marry her. Should her consent be sought or not? He said: 'Yes, her consent should be sought.' I said: 'But she may be shy.' He said: 'Then her silence is her consent when she remains silent.'
Answers are generated and checked automatically; they may still be incomplete or imperfect. For religious rulings, consult a qualified scholar.
Ask your own question →