And a free Muslim man does not marry a Muslim slave woman except if he fears the hardship of remaining single due to the need for pleasure or service, and is unable to afford the mahr of a free woman or the price of a slave woman.
Machine translationRead the Arabic original
The Shaykh : All right, he said "And a free Muslim man does not marry a Muslim slave woman except if he fears the hardship of remaining single due to the need for pleasure or service, and is unable to afford the mahr of a free woman or the price of a slave woman". Pay attention, likewise, it is not permissible for a free man to marry a Muslim slave woman. A free Muslim man may marry a Muslim slave woman only under two conditions: the hardship of remaining single and the inability to afford the mahr of a free woman, meaning he cannot afford the mahr of a free woman and cannot abstain from women, either for the sake of service or for the sake of pleasure. Either he is an old man who has no one to serve him, or he is a young man with a strong desire for whom it is difficult to abstain from marriage. If these two conditions are met, it is permissible for him to marry a slave woman. It is permissible for him to marry a slave woman. Do you understand?
The questioner : Very well.
The Shaykh : All right, a third condition is required: that she be a believer. This is why the author mentioned this condition, but he did not state it explicitly, may Allah have mercy on him, in his phrase "a Muslim slave woman". The author also stipulated a fourth condition, which is that he be unable to afford the price of the slave woman. So the conditions are four: first, that he needs it; second, that the slave woman is what? Muslim, not from the People of the Book; third, that he is unable to afford the mahr of a free woman; and fourth, that he is unable to afford the price of the slave woman. All right, let us look at this. As for the condition that she be Muslim, this is because Allah the Exalted said[An-Nisa 4:25] So is this condition correct or not?
The questioner : Correct.
The Shaykh : Correct, because Allah said[An-Nisa 4:25]. The second condition is the difficulty of abstaining from marriage, based on His saying, the Exalted: [An-Nisa 4:25] So is the second condition correct or not?
The questioner : Correct.
The Shaykh : Correct. The third condition is that he is unable to afford the mahr of a free woman, meaning her mahr, based on His saying, the Exalted:[An-Nisa 4:25] So is the condition correct or not?
The questioner : Correct.
The Shaykh : Correct. The fourth condition is that he is unable to afford the price of the slave woman. This is because if he were able to afford the price of the slave woman, we would say to him: buy a slave woman and have relations with her by right of ownership and enjoy her in service by right of ownership. There would be no need to marry a slave woman. And if you buy a slave woman and have relations with her, your children will be free. For this reason, we stipulate that he be unable to afford the price of the slave woman. Let us look: did the Qur'an indicate this? The answer is no; it did not indicate this, because Allah mentioned[An-Nisa 4:25] but He did not mention the condition of being unable to afford the price of the slave woman. If we add a condition to what Allah did not stipulate, we would be restricting the servants of Allah. Therefore, the correct view is that it is not required that he be unable to afford the price of the slave woman. Rather, he may marry a slave woman even if he is able to afford her price. But if someone asks: if he is able to afford the price of the slave woman he wants to marry, is it permissible for him to marry her without buying her?
The questioner : ... .
The Shaykh : Consider the example. If he is able to afford the price of the slave woman he wants to marry, do we say to him: you must buy her and have relations with her by right of ownership and use her in service by right of ownership, rather than marrying her?
The questioner : ... .
The Shaykh : Ibn Dawud?
The questioner : ... It is not permissible for you, because marrying her leads to the enslavement of his children.
The Shaykh : Let us leave that; we have not reached that point yet. Is it permissible, or do we say to be content with ownership? Perhaps we can take examples of this to clarify the matter. A man has five thousand riyals, and the mahr of a free woman is ten thousand. So he is unable, unable to what?
The questioner : The mahr of a free woman.
The Shaykh : The mahr of a free woman. But with five thousand riyals, can he get a slave woman? Is it permissible for him to marry the slave woman?
The questioner : ... .
The Shaykh : No, according to the view that it is required that he be unable to afford the price of the slave woman, it is not permissible.
The questioner : It is obligatory.
The Shaykh : To marry a slave woman, because he is able to buy a slave woman with five thousand, have relations with her, and enjoy her. All right, and according to the stronger view?
The questioner : … It is permissible.
The Shaykh : It is permissible. All right, this is a person who wants to marry a slave woman and is not able to afford the mahr of a free woman, because the mahr of a free woman is ten thousand and the price of the slave woman is five thousand. If he marries a slave woman with these five thousand, he marries her. If he buys a slave woman, it would suffice him. So does he prioritize buying or prioritize marrying?
The questioner : Buying.
The Shaykh : Buying. In this case, buying is prioritized if it is a specific slave woman and he is told: you buy her for five thousand and she becomes your property. He says: No, I want to marry her for five thousand and she not be my property. We say that is not valid. If someone asks: is it permissible to marry a slave woman while being able to afford the mahr of a free woman, but he stipulates with her owner that his children from her will be free? Is it permissible or not?
The questioner : It is not permissible.
The Shaykh : Yes, the apparent meaning of the Qur'an is that it is not permissible, because Allah made it general. Some scholars said that if he stipulates the freedom of his children, it is permissible, based on the reasoning of Imam Ahmad, may Allah have mercy on him, in his statement: "If a free man marries a slave woman, half of him becomes a slave". How does half of him become a slave? Does it mean the upper part of his body becomes a slave? No, the meaning is that his children will be slaves, because when a man marries a slave woman, the children of the slave woman become the property of her master. Among those who held this view was the Shaykh al-Islam, who said that if he stipulates the freedom of the children, there is no harm. But we say: May Allah forgive you, O Shaykh al-Islam. Every condition that is not in the Book of Allah is invalid. Allah, Mighty and Majestic, did not stipulate that, nor did He say "except if he stipulates the freedom of his children." Furthermore, it is a degradation and contrary to manliness for a free man to marry a slave woman. Even among people, if a man marries a slave woman, it becomes a scandal: so-and-so, the noble man of good lineage, married a slave woman. Yes, there is disgrace and blame in it, and a person should avoid everything that leads to blame. Do you understand this? So the correct view is what the Noble Qur'an indicates: it is not permissible to marry a slave woman except with the conditions mentioned by Allah, even if he stipulates that his children are what? That his children are free; it is not valid. All right.
The questioner : Very well.
The Shaykh : All right, a third condition is required: that she be a believer. This is why the author mentioned this condition, but he did not state it explicitly, may Allah have mercy on him, in his phrase "a Muslim slave woman". The author also stipulated a fourth condition, which is that he be unable to afford the price of the slave woman. So the conditions are four: first, that he needs it; second, that the slave woman is what? Muslim, not from the People of the Book; third, that he is unable to afford the mahr of a free woman; and fourth, that he is unable to afford the price of the slave woman. All right, let us look at this. As for the condition that she be Muslim, this is because Allah the Exalted said
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
وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِنْ مَا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِThe questioner : Correct.
The Shaykh : Correct, because Allah said
of believing slave girls
مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِThis [allowance] is for him among you who fears sin
ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْThe questioner : Correct.
The Shaykh : Correct. The third condition is that he is unable to afford the mahr of a free woman, meaning her mahr, based on His saying, the Exalted:
And whoever among you cannot [find] the means to marry free
وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِThe questioner : Correct.
The Shaykh : Correct. The fourth condition is that he is unable to afford the price of the slave woman. This is because if he were able to afford the price of the slave woman, we would say to him: buy a slave woman and have relations with her by right of ownership and enjoy her in service by right of ownership. There would be no need to marry a slave woman. And if you buy a slave woman and have relations with her, your children will be free. For this reason, we stipulate that he be unable to afford the price of the slave woman. Let us look: did the Qur'an indicate this? The answer is no; it did not indicate this, because Allah mentioned
And whoever among you cannot [find] the means to marry free
وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِThe questioner : ... .
The Shaykh : Consider the example. If he is able to afford the price of the slave woman he wants to marry, do we say to him: you must buy her and have relations with her by right of ownership and use her in service by right of ownership, rather than marrying her?
The questioner : ... .
The Shaykh : Ibn Dawud?
The questioner : ... It is not permissible for you, because marrying her leads to the enslavement of his children.
The Shaykh : Let us leave that; we have not reached that point yet. Is it permissible, or do we say to be content with ownership? Perhaps we can take examples of this to clarify the matter. A man has five thousand riyals, and the mahr of a free woman is ten thousand. So he is unable, unable to what?
The questioner : The mahr of a free woman.
The Shaykh : The mahr of a free woman. But with five thousand riyals, can he get a slave woman? Is it permissible for him to marry the slave woman?
The questioner : ... .
The Shaykh : No, according to the view that it is required that he be unable to afford the price of the slave woman, it is not permissible.
The questioner : It is obligatory.
The Shaykh : To marry a slave woman, because he is able to buy a slave woman with five thousand, have relations with her, and enjoy her. All right, and according to the stronger view?
The questioner : … It is permissible.
The Shaykh : It is permissible. All right, this is a person who wants to marry a slave woman and is not able to afford the mahr of a free woman, because the mahr of a free woman is ten thousand and the price of the slave woman is five thousand. If he marries a slave woman with these five thousand, he marries her. If he buys a slave woman, it would suffice him. So does he prioritize buying or prioritize marrying?
The questioner : Buying.
The Shaykh : Buying. In this case, buying is prioritized if it is a specific slave woman and he is told: you buy her for five thousand and she becomes your property. He says: No, I want to marry her for five thousand and she not be my property. We say that is not valid. If someone asks: is it permissible to marry a slave woman while being able to afford the mahr of a free woman, but he stipulates with her owner that his children from her will be free? Is it permissible or not?
The questioner : It is not permissible.
The Shaykh : Yes, the apparent meaning of the Qur'an is that it is not permissible, because Allah made it general. Some scholars said that if he stipulates the freedom of his children, it is permissible, based on the reasoning of Imam Ahmad, may Allah have mercy on him, in his statement: "If a free man marries a slave woman, half of him becomes a slave". How does half of him become a slave? Does it mean the upper part of his body becomes a slave? No, the meaning is that his children will be slaves, because when a man marries a slave woman, the children of the slave woman become the property of her master. Among those who held this view was the Shaykh al-Islam, who said that if he stipulates the freedom of the children, there is no harm. But we say: May Allah forgive you, O Shaykh al-Islam. Every condition that is not in the Book of Allah is invalid. Allah, Mighty and Majestic, did not stipulate that, nor did He say "except if he stipulates the freedom of his children." Furthermore, it is a degradation and contrary to manliness for a free man to marry a slave woman. Even among people, if a man marries a slave woman, it becomes a scandal: so-and-so, the noble man of good lineage, married a slave woman. Yes, there is disgrace and blame in it, and a person should avoid everything that leads to blame. Do you understand this? So the correct view is what the Noble Qur'an indicates: it is not permissible to marry a slave woman except with the conditions mentioned by Allah, even if he stipulates that his children are what? That his children are free; it is not valid. All right.