Is it permissible to touch a concubine (female slave) while buying her?

Dear Brother / Sister,

Scholars focused on the behavior of Abdullah b. Umar and commented on it accordingly.

According to what Bayhaqi narrates, when Ibn Umar bought a concubine (female slave), he looked at her legs and touched her chest and back (see Bayhaqi, as-Sunan al-Kubra, 5/537)

According to Bayhaqi, he touched her breast and back over her clothes, not her naked body. (ibid)

Based on this narration, some Islamic scholars state that it is permissible for a person who wants to buy a concubine to look at her and touch her body over her clothes and without lust (for both the concubine and the customer). According to those scholars, it is also permissible to touch the parts that are permissible to look at, provided that it is done without lust. (see al-Fatawal-Hindiyya, 5/329)

According to Sarakhsi, it is permissible for a person who wants to buy a concubine to look at her legs, her hair and her breasts because it is something that is subject to trade. However, it is not permissible to touch her body in lust. (see al-Mabsut, 10/160)

Some other scholars, such as Imam Malik, allowed a person to look only at the heels and hands of a concubine, but not at the legs or other parts of the body. (see al-Bayan wat-Tahsil, 7/296)

It is necessary to state that the issue of slavery and concubinage today is not in accordance with the spirit of Islam. Therefore, we believe that there is no need to dwell on the concept and place of the concubinage.

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