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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The meaning of "the slave woman" in the author's statement: "And for the slave woman, half of that"

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Question:
The Honorable Shaykh, may Allah grant you success, asks: Does "the slave woman" in the author's statement (may Allah have mercy on him), "For the free woman, four months and ten days, and for the slave woman, half of that," refer to the *umm walad* (a slave woman who bears her master's child) or to a slave woman?

Answer:
The term refers to a female slave. If a free man marries a free woman, he marries a slave under the conditions mentioned by Allah: that he does not have the means to pay the mahr for a free woman, and that he fears for himself regarding zina (unlawful sexual intercourse) if he does not marry. He, Glorified and Exalted, said in Surat al-Nisa: and He, the Exalted, said:
(24) And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise. (25) And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful.وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ أَن تَبْتَغُوا بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا
[An-Nisa 4:24-25]
meaning the mahr for a free woman
to marry free, believing womenأَن يَنكِحَ الْمُحْصَنَاتِ
[An-Nisa 4:25]
.
So from
those whom your right hands possess of believing slave girlsمَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ
[An-Nisa 4:25]
the first condition is that he cannot afford the mahr for a free woman; the second condition is that the slave woman be a believer; the third condition is that it is for the one who fears 'inad (injustice or harm) from among you. It is permissible for a free man to marry a slave woman under these three conditions. If he dies, she observes the waiting period for two months and ten days; if he divorces her, she observes the waiting period for two menstrual cycles or two months—two cycles if she menstruates, or two months if she does not—being half the period of a free woman.
Source قناة «العلامة الدكتور صالح الفوزان»، 093 من 123 / شرح كتاب زاد المستقنع / العدد / صالح الفوزان / الفقه / كبار العلماء — youtube.com (58:01)

The Arabic text is a machine transcription of the audio recording.

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