Section: If the son has intercourse with the slave girl of his father or mother, he is an adulterer and is liable for the hadd (prescribed) punishment if he was aware of the prohibition. She does not become an umm al-walad for him, and he is liable for her mahr (dowry). Her child becomes free through his grandfather because he is the son of his son, based on our position that his child from adultery becomes free through his father. The slave girl becomes permanently forbidden to the father. The son is not liable for her value because he did not remove her from his [the father's] ownership, nor did he prevent him from selling her or disposing of her in ways other than sexual enjoyment. If the father makes her pregnant after that, he has committed a forbidden act, but there is no hadd punishment upon him, because it is an act of intercourse that coincided with ownership, and she becomes an umm al-walad for him because he made his own slave girl pregnant, similar to if he had intercourse with his pledged (mortgaged) slave girl.

Section: If he marries his slave girl and then has intercourse with her, he has committed a forbidden act, but there is no hadd punishment upon him because she is his slave girl, and he shall be given a discretionary punishment (ta'zir). Ahmad (may Allah be pleased with him) said: He is whipped but not stoned, meaning he is punished by whipping, because if the hadd were mandatory upon him, he would be stoned if he were muhsan (married). If he makes her pregnant, she becomes his umm al-walad because he made his own slave girl pregnant, and she becomes free upon his death, and his child is free. Whatever she delivers thereafter from the husband follows the status of its mother.

Section: If a man comes to own his foster mother, his sister, or his daughter, it is not lawful for him to have intercourse with her. If he does have intercourse with her, there is no hadd punishment upon him, according to the more correct of the two narrations, because she is his slave girl, and he is to be punished with ta'zir. If she gives birth, the child is free, his lineage is attached to him, and she is his umm al-walad. Likewise, if he comes to own a Magian or polytheist slave girl and makes her pregnant, or if a disbeliever comes to own a Muslim slave girl and makes her pregnant, there is no hadd punishment upon him, but he is punished with ta'zir, the lineage of his child is attached to him, and she becomes an umm al-walad for him, becoming free upon his death, for the reasons we have mentioned. Likewise, if he has intercourse with his pledged slave girl, or if the provider of capital (rabb al-mal) has intercourse with a slave girl from the mudaraba (capital) funds and makes her pregnant, she becomes an umm al-walad for him through that. She exits the pledge and the mudaraba, he is liable for her value to the pledgee—to be held in her place as a pledge or to satisfy the debt of the pledge—and the mudaraba contract concerning her is dissolved. If there is profit in her, the profit is placed in the mudaraba funds. And Allah knows best.