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How to intepret this Quote from al-Shafi regarding concubines?

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I recently came across the following quote from al-Shafi. وهكذا لو كانت منفردة به أو مع أمة له يطؤها أمر بتقوى الله تعالى وأن لا يضر بها في الجماع ولم يفرض عليه منه شيء بعينه إنما يفرض عليه ما لا صلاح لها إلا به من نفقة وسكنى وكسوة وأن يأوي إليها فأما الجماع فموضع تلذذ ولا يجبر أحد عليه. The gist of it is that he's talking about intercourse with concubines and wives, and at the end he says " فأما الجماع فموضع تلذذ ولا يجبر أحد عليه." (as for intercourse, then it is a place of pleausre, and no one can be forced into it). Doesn't this mean al-Shafi explicitly ruled against unconsentual intercourse with concubines, considering his wording? Some may argue that he talks about the rights of the wife in the middle, but his wording is deliberately inclusive in the last sentence (i.e he doesn't just say the wife cannot be forced into it), and his logic is that it is supposed to be a place of pleasure which also extends to concubinage. The first sentence also covers scenario with both the concubine and the wife, so we can safely assume he would have clarified if he had meant otherwise, no? He would have said "the right of the wife ensures she cannot be forced ..." I'm aware of a consensus (although i'm not too sure if it is on this topic) being claimed on something like this but doesn't this discredit it? Edit: I also came across another interesting quote by him in his al-umm "ولم أعلم دليلاً على إيجاب إنكاح صالحى العبيد والإماء كما وجدت الدلالة على إنكاح الحر إلا مطلقاً ، فأحب إلى أن ينكح من بلغ من العبيد والإماء ثم صالحوهم خاصة ، ولا يتبين لى أن يجبر أحد عليه ؛ لأن الآية محتملة أن يكون أريد الدلالة لا الإيجاب" For those who don't know he's essentially saying that although it's highly recommended for slaves to marry, he's saying that it isn't clear to him that they should be be compelled into it because it's a reccomendation. I'm not asking about the permisibity of concubinage like the other question, but al-Shafi's view on it, and his legal ruling
Asked by blackmafia (1 rep)
Dec 5, 2025, 05:54 PM
Last activity: Dec 6, 2025, 12:21 PM