"And a slave does not marry his master's wife, nor a master his slave woman"

The Shaykh :"And a slave does not marry his master's wife" What is the evidence? Huh?

The questioner : She is not a wife...

The Shaykh : She is marrying him, just as a person's daughter is not... until the contract is made over her, but he wants to contract over her. It is known that there is no barrier between them as long as she is his slave woman, but it is not permissible for him to be alone with her. So, is it permissible for him to marry her? And this woman, the slave woman, is young and beautiful, yes, and... pious and religious. And this man, the slave, is a great, virtuous scholar. He said, "I want to marry my master's wife." Is this permissible or not?

The questioner : It is not permissible.

The Shaykh : We say the author stated that it is not permissible. It requires evidence, for Allah said The evidence for this is the consensus of the scholars. The scholars agreed that a slave does not marry his master's wife; a slave does not marry his master's wife. The scholars agreed on this, and the meaning also necessitates it, because if he marries her, he becomes her master and she becomes his mistress, so the two objectives conflict. She commands him in her capacity as the owner, saying, "O slave, bring such and such," and he says, "O wife, no obedience or compliance." Then there is constant dispute between them. Therefore, the consensus and the meaning necessitate that it is not permissible for a slave to marry what? His master's wife. As for the fact that it is permissible for her to uncover herself before him, that is due to the need for it. For this reason, we said she may uncover herself before him, but it is not permissible for him to be alone with her or to travel with her, because she is not a mahram.
"And a slave does not marry his master's wife, nor a master his slave woman" Glory be to Allah. Is it not permissible for a master to marry his slave woman? Yes, it is not permissible, because Allah made right of possession a counterpart to marriage, saying This indicates that the two do not coexist, because a counterpart of a thing is distinct from it. This is evidence from the Qur'an. There is also evidence from the meaning: the permissibility of accessing the slave woman's private parts is stronger than the permissibility of accessing a wife's private parts. Accessing the private parts by right of possession is stronger than accessing them by the contract of marriage. The weaker cannot override the stronger. We say to the master: If you contract marriage with her now, what do you want from her? What do you want? To enjoy her. We say: Enjoying her by right of possession is stronger than enjoying her by the right of marriage. The weaker does not override the stronger. All right. The time is up. Come, Abdullah?