because a slave is regarded as half of a free person. Thus, the waiting period of a slave woman is half that of a free woman, and the flogging of a male or female slave who commits fornication is half that of free persons, and so on. Why, then, was the slave not assigned one and a half divorces? Because divorce cannot be divided. And why was he not assigned one divorce as a precaution? Because that would diminish the slave’s right. Hence, another view in this issue is that a slave possesses three divorces, owing to the absence of evidence to the contrary.
“Whether the wives of either of them are free women or slave women: if he says, ‘You are divorce,’ or ‘divorced,’ or ‘upon me,’ or ‘binding upon me,’ it takes effect as three divorces if that is his intention; otherwise, it is one, …”
His statement, “Whether the wives of either of them are free women or slave women”: “either of them” means the free man and the slave. Let us consider this: that a free man’s wife may be a free woman is clear. But can a free man’s wife be a slave woman? This is possible, but subject to conditions. Allah says:
“And whoever among you cannot afford to marry free believing women, then let him marry believing slave women from among those whom your right hands possess.” [al-Nisa’ 4:25]
Thus, a free man may marry a slave woman if he fears hardship from remaining unmarried and cannot find the bridal gift for a free woman.
Can a slave marry a free woman? Yes—without any conditions, exactly as with a free man. Thus, the number is determined by the husbands. There is disagreement on this issue.
The well-known position of the madhhab is that the determining factor is the men: if the man is free, he possesses three divorces, even if his wife is a slave woman; and if he is a slave, he possesses only two, even if his wife is a free woman. Thus, if he divorces her twice, she is not lawful for him until she marries another husband.
The second view is that the determining factor is the wife: if she is free, the husband possesses three divorces; and if she is a slave woman, he possesses two, whether the husband is free or a slave.