Are conjugal relations with slave-women permissible without nikah?

Question

In the time of the Messenger of Allah ﷺ, slave-women and slaves used to be sold. Was it permissible to buy these slave-women and have conjugal relations with them without a contract (‘aqd), or not? A certain gentleman here says that even in the time of the Messenger of Allah ﷺ it was not permissible to have relations with a purchased slave-woman without a contract. Kindly answer with references from the Book and the hadith; it will be a favour.

Answer

A shar‘i slave-woman, one who was taken captive in jihad and brought back — it was permissible for the one into whose share she fell to have conjugal relations with her; there was no need to contract a nikah with her. The owner could also sell such a slave-woman. But if he married her off to someone (contracted her ‘aqd with another)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.