And whoever is forbidden to have intercourse with through a marriage contract is forbidden to have intercourse with through ownership of the right hand, except for a female People of the Book slave.
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The Shaykh : He (may Allah have mercy on him) states a beneficial rule: "And whoever is forbidden to have intercourse with through a marriage contract is forbidden to have intercourse with through ownership of the right hand, except for a female People of the Book slave". This is the rule: "Whoever is forbidden to have intercourse with through a marriage contract—that is, through the contract of marriage—is forbidden to have intercourse with through ownership of the right hand". For example, a sister is forbidden to have intercourse with through a marriage contract, is that right, O 'Abd Allah? And what did you say? What is the issue?
The questioner : ... .
The Shaykh : Through a marriage contract, if he owned his sister?
The questioner : ... .
The Shaykh : Huh? It is forbidden for him through ownership of the right hand. As for the fact that if a man owns a woman who is forbidden to him, she is freed by the mere act of ownership, that will come to us, if Allah wills. So, if he owns his sister through breastfeeding, it is forbidden for him to have intercourse with her because it is forbidden to have intercourse with her through a marriage contract, so it is forbidden through ownership of the right hand. This is the rule, except for a female People of the Book slave. So, a female People of the Book slave is forbidden to have intercourse with through a marriage contract, correct?
The questioner : Correct.
The Shaykh : Because it was previously established that among the conditions for the permissibility of marrying a slave woman, yes, among the conditions for marrying a slave woman is that he is unable to afford the price of a free woman and the price of the slave woman, according to the author's opinion. So, is a female People of the Book slave permissible? Is it permissible to have intercourse with her through ownership of the right hand, or not? And is it permissible to have intercourse with a female People of the Book slave through a marriage contract?
The questioner : ... .
The Shaykh : Because one of her conditions is that she be Muslim, and this is a female People of the Book slave. Let us clarify with an example: a man is unable to afford the price of a free woman, and it is difficult for him to abstain from marriage, and he finds a slave woman, but she is a People of the Book. Is she permissible for him through a contract?
The questioner : She is not permissible for him.
The Shaykh : She is not permissible. Owning a female People of the Book slave means he bought a female People of the Book slave. Is she permissible for him through ownership?
The questioner : ... .
The Shaykh : So, the female People of the Book slave is an exception to this rule. It is not permissible to marry her, meaning she is not permissible through a contract, but she is permissible through ownership of the right hand. And it is known from his statement "except for a female People of the Book slave" that if a man owns a slave woman who is not a People of the Book, she is not permissible for him, correct?
The questioner : Yes.
The Shaykh : A man owns a female People of the Book slave. If he buys a polytheist slave woman, she is not permissible for him because he stipulated that the slave woman be what? A People of the Book. And on this basis, if he owns a Zoroastrian woman or an atheist woman who does not follow any religion, it is not permissible for him to have intercourse with her through ownership of the right hand. Do you understand? ... .
The questioner : Yes.
The Shaykh : According to the author's statement, because the implication of "People of the Book" is that if she is not a People of the Book, she is not permissible for him. And this is the position of the majority of the Muslim community, and it has even been said to be a consensus. However, the correct view is that she is permissible for him. If he owns a slave woman of any religion, or one who has no religion, she is permissible for him due to the generality of the statement of Allah the Exalted:[Al-Mu'minun 23:6] and His statement: [An-Nisa 4:3]. And on this basis, the stronger opinion in this issue is that a slave woman is permissible to have intercourse with regardless of her religion, even if she is an atheist who does not follow a religion. Then she is his slave woman, and it is permissible for him to have intercourse with her. I have a feeling you did not understand a little. Is it clear? Huh?
The questioner : ... the consensus ... .
The Shaykh : Yes, indeed, due to the generality of the verse. And for this reason, I have in my notes that Shaykh Taqi al-Din chose the permissibility of having intercourse with slave women other than the People of the Book through ownership of the right hand. He said in "Al-Insaaf", and Ibn Abi Shaybah mentioned it from Ibn al-Musayyib and Ata and others. So, the claim of consensus is not valid.
The questioner : ... .
The Shaykh : Through a marriage contract, if he owned his sister?
The questioner : ... .
The Shaykh : Huh? It is forbidden for him through ownership of the right hand. As for the fact that if a man owns a woman who is forbidden to him, she is freed by the mere act of ownership, that will come to us, if Allah wills. So, if he owns his sister through breastfeeding, it is forbidden for him to have intercourse with her because it is forbidden to have intercourse with her through a marriage contract, so it is forbidden through ownership of the right hand. This is the rule, except for a female People of the Book slave. So, a female People of the Book slave is forbidden to have intercourse with through a marriage contract, correct?
The questioner : Correct.
The Shaykh : Because it was previously established that among the conditions for the permissibility of marrying a slave woman, yes, among the conditions for marrying a slave woman is that he is unable to afford the price of a free woman and the price of the slave woman, according to the author's opinion. So, is a female People of the Book slave permissible? Is it permissible to have intercourse with her through ownership of the right hand, or not? And is it permissible to have intercourse with a female People of the Book slave through a marriage contract?
The questioner : ... .
The Shaykh : Because one of her conditions is that she be Muslim, and this is a female People of the Book slave. Let us clarify with an example: a man is unable to afford the price of a free woman, and it is difficult for him to abstain from marriage, and he finds a slave woman, but she is a People of the Book. Is she permissible for him through a contract?
The questioner : She is not permissible for him.
The Shaykh : She is not permissible. Owning a female People of the Book slave means he bought a female People of the Book slave. Is she permissible for him through ownership?
The questioner : ... .
The Shaykh : So, the female People of the Book slave is an exception to this rule. It is not permissible to marry her, meaning she is not permissible through a contract, but she is permissible through ownership of the right hand. And it is known from his statement "except for a female People of the Book slave" that if a man owns a slave woman who is not a People of the Book, she is not permissible for him, correct?
The questioner : Yes.
The Shaykh : A man owns a female People of the Book slave. If he buys a polytheist slave woman, she is not permissible for him because he stipulated that the slave woman be what? A People of the Book. And on this basis, if he owns a Zoroastrian woman or an atheist woman who does not follow any religion, it is not permissible for him to have intercourse with her through ownership of the right hand. Do you understand? ... .
The questioner : Yes.
The Shaykh : According to the author's statement, because the implication of "People of the Book" is that if she is not a People of the Book, she is not permissible for him. And this is the position of the majority of the Muslim community, and it has even been said to be a consensus. However, the correct view is that she is permissible for him. If he owns a slave woman of any religion, or one who has no religion, she is permissible for him due to the generality of the statement of Allah the Exalted:
Except from their wives or those their right hands possess
إلا على أزواجهم أو ما ملكت أيمانهمBut if you fear that you will not be just, then [marry only] one or those your right hand possesses
فإن خفتم ألا تعدلوا فواحدة أو ما ملكت أيمانكمThe questioner : ... the consensus ... .
The Shaykh : Yes, indeed, due to the generality of the verse. And for this reason, I have in my notes that Shaykh Taqi al-Din chose the permissibility of having intercourse with slave women other than the People of the Book through ownership of the right hand. He said in "Al-Insaaf", and Ibn Abi Shaybah mentioned it from Ibn al-Musayyib and Ata and others. So, the claim of consensus is not valid.