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As far as I know the slaves were non Muslim, and if there accept Islam they cannot be kept as slaves

Adwa’ al-Bayaan, 3/387

Shaykh al-Shanqeeti (may Allaah have mercy on him) said:

If it is said: If the slave is a Muslim, how can he be kept as a slave if the reason for which people may be taken as slaves is if they are kaafirs who are waging war against Allaah and His Messenger?

Source: islamqa.info https://islamqa.info/amp/en/answers/13737

So my question is what should a master do if his slave woman wants to convert right before intercourse(or during foreplay). Should he stop or continue the act?

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    This is a misunderstanding on your site. In Islam it is prohibited to enslave Muslims, but if a slave converts he/she remains a slave unless the owner frees them. Mary the Coptic was a slave and mother of child of the prophet and she converted to Islam.
    – Medi1Saif
    Commented Apr 10, 2022 at 10:48
  • So, is it halal for her master to have intercourse with his slave after she converts?
    – user49669
    Commented Apr 10, 2022 at 10:58
  • Certainly, however it would be better to consider her for freeing, further the kafaras contain freeing a believing slave not any slave.
    – Medi1Saif
    Commented Apr 10, 2022 at 11:05

2 Answers 2

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You wrote:

As far as I know the slaves were non Muslim, 
and if there accept Islam they cannot be kept as slaves

This is wrong. Slaves can be Muslims. There are verses in the Quran which mention Muslim (believing) slaves such as 4:25 and 4:92 and 2:221. The actual rule is that only a Harbi Kafir can be enslaved while a Free Muslim can never be enslaved. This says nothing about a disbeliever who is first enslaved and later accepts Islam.

It is possible for Muslim slaves to exist through the following means:

  • A Harbi disbeliever who has been captured and then accepts Islam can be enslaved.

  • A slave who converts to Islam remains a slave.

  • A child of a Muslim slave woman through marriage with other than its owner, is a slave.

The quote you have given from Adwa’ al-Bayaan of al-Shanqeeti says the same. You have only given a partial quote which is a question that Shanqeeti answers and you seem to have ignored the answer. Shanqeeti says the following:

If it is said: If the slave is a Muslim, how can he be kept as a slave if the reason for which people may be taken as slaves is if they are kaafirs who are waging war against Allaah and His Messenger?

The answer is that the basic principle which is well known to the scholars and all wise people is that a right that is already established by shar’i means cannot be superceded by rights that are established later on.

When the Muslims take prisoners of war, they are given the right to enslave them by the law of the Creator of all, and He is the All-Wise, All-Aware. If this right is established, then the slave becomes a Muslim after that, his right to be freed from slavery because of his Islam is superceded by the right of the mujaahid whose right to enslave him took effect before he was a Muslim. It is not just or fair to waive the former right because of a latter right, as is well known to all wise people

You wrote:

what should a master do if his slave woman wants to convert

He does not have to do anything as conversion to Islam of a concubine makes no difference. As noted above she remains a slave. And also sexual relations via concubinage remain permissible with her. Indeed, her being a Muslim, Jewess or Christian is actually requirement for concubinage according to the majority opinion.

أن تكون الجارية مسلمة أو كتابية إذا كان المتسري مسلما

For a Muslim master the concubine must be a Muslim or Kitabee

Encyclopedia of Islamic Jurisprudence


Ref:

قال: إني مسلم. فقال: لو قلتها وأنت تملك أمرك أفلحت كل الفلاح ... ففدي بالرجلين

(the prisoner said): I am (now) a Muslim. (The Prophet said): Had you said this when you had been the master of yourself, you would have gained every success ... he was then ransomed for two persons.

Sahih Muslim - Sharah: إذا أسلمت بعد الأسر فيسقط الخيار في قتلك ويبقى الخيار بين الاسترقاق والمن والفداء

Note: This answer is with respect to a Muslim master. If a Dhimmi possesses a slave who is a Muslim then that slave must be sold to a Muslim owner. As disbelievers can not have authority over muslims under Islamic laws.

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It seems you didn't read the fatwa properly.

Slaves converting to Islam does not necessitate that they should be freed. However, obviously, it is recommended to free slaves.

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