Prohibition against Intercourse with a Slave-girl who Belonged to One's Father

36 Yahya related to me from Malik that he had heard that 'Umar ibn al-Khattab gave his son a slave-girl and said, " Do not touch her, for I have uncovered her."

Yahya related to me from Malik that 'Abd ar-Rahman ibn al-Mujabbar said that Salim ibn 'Abdullah gave his son a slave-girl and said, " Do not go near her, for I wanted her, and did not act towards her."

37 Yahya related to me from Malik from Yahya ibn Sa'id that Abu Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad, " I saw a slave-girl of mine uncovered in the moonlight, and so I sat on her as a man sits on a woman. She said that she was menstruating, so I stood up and have not gone near her after that. Can I give her to my son to have intercourse with? " Al-Qasim forbade that.

38 Yahya related to me from Malik from Ibrahim ibn Abi 'Abla from 'Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, " I intended to give her to my son to do such-and-such with her." 'Abd al-Malik said, " Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered.'"

Prohibition against Marrying Slave-girls of the People of the Book

Malik said, " It is not halal to marry a Christian or Jewish slave-girl because Allah, the Blessed, the Exalted, says in His Book, 'So are chaste women (muhsanat) from among the believers and women who are muhsanat among those given the Book before you, ' (5: 6), and they are freewomen from the Christians and Jews. Allah, the Blessed, the Exalted, says in His Book, 'If any of you who do not have the means to marry believing free women (muhsanat), you may marry believing slavegirls.' (4: 24).'"

Malik said, " In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to Christian and Jewish slave-girls from the People of the Book."

Malik said, " The Christian and Jewish slave-girl are halal for their master by right of possession, but intercourse with a Magian slave-girl is not halal by the right of possession."

28.17 Muhsanat

39 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab said, " The muhsanat among women are those who have husbands." That referred to the fact that Allah has made fornication haram.

40 Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, " When a freeman marries a slave-girl and consummates the marriage, she makes him a muhsan."

Malik said, " All (of the people of knowledge) I have seen have said that a slave-girl makes a freeman muhsan when he marries her and consummates the marriage."

Malik said, " A slave makes a freewoman muhsana when he consummates a marriage with her, but a freewoman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, " When a slave-girl is married to a freeman and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. This accords her the ihsan status. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, " The Christian and Jewish freewomen and the Muslim slave-girl all render a Muslim freeman muhsan when he marries one of them and has intercourse with her."

Temporary Marriage

41 Yahya related to me from Malik from Ibn Shihab from 'Abdullah and Hasan, the sons of Muhammad ibn 'Ali ibn Abi Talib from their father, may Allah be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace, forbade temporary marriage with women and the flesh of domestic donkeys on the Day of Khaybar.

[cf Bukhari 3979, and in Muslim]

42 Yahya related to me from Malik from Ibn Shihab from 'Urwa ibn az-Zubayr that Khawla ibn Hakim came to 'Umar ibn al-Khattab and said, " Rabi'a ibn Umayya contracted a temporary marriage with a woman and she is pregnant by him." 'Umar ibn al-Khattab went out in dismay dragging his cloak, saying, " This temporary marriage, had I come across it, I would have ordered stoning and done away with it! "

Marriage of Slaves

43 Yahya related to me from Malik that he heard Rabi'a ibn 'Abd ar-Rahman say that a slave could marry four women.

Malik said, " This is the best of what I have heard about the matter."

Malik said, " The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he merely intends to make the woman halal [for her prior husband] by virtue of marriage."

Malik said, " When a slave is owned by his wife or a husband owns his wife, the act of possession by either of them renders marriage void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re-marry. If they re-marry afterwards, that separation was not divorce."

Malik said, " When a slave is freed by his wife who owns him and she is in the 'idda-period from him, they can only return to each other after she has contracted another marriage."

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