Praise be to Allaah.
It is not permissible for a man to have intercourse with
anyone except his wife or his female slave (concubine). A wife becomes
permissible after shar’i marriage and a concubine becomes permissible to the
man who owns her. She may originally be a prisoner of war, and a Muslim may
obtain a concubine from the ruler or commander if he took part in fighting
in jihad, or if he buys her from her owner. She becomes permissible for him
by virtue of his ownership after it is established that she is not pregnant
by waiting for one menstrual cycle, or until she has given birth if she is
Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts,
from illegal sexual acts)
6. Except from their
wives or (the slaves) that their right hands possess, ـــ
for then, they are free from blame”
It was narrated that Abu Sa’eed al-Khudri said: The Prophet
(peace and blessings of Allaah be upon him) said, concerning the
prisoners of Awtaas: “Do not have intercourse with a pregnant woman until
she gives birth, or with one who is not pregnant until she has menstruated
once.” Narrated by Abu Dawood, 2157. This hadeeth was classed as saheeh by
Shaykh al-Albaani in Irwa’ al-Ghaleel, 187.
In the answer to question no.
10382 we have stated that Islam
permits a man to have intercourse with his slave woman whether he has one or
more wives or he is not married.
In the answers to questions no.
12562 it states that female
prisoners of war may be distributed by the commander in jihad, because he
has the choice of either distributing them, or ransoming them or setting