—1 – Al-Buhūti says in Sharḥ al-Iqnaʿ: “If a woman is taken captive by herself—without her husband—the marriage bond is annulled and she becomes lawful for the one who captured her, in accordance with the ḥadith of Abū Saʿīd al-Khudrī.”

2 – Shaykh ʿAbd al-Raḥmān al-Saʿdī comments: “Among the women who are forbidden to marry are al-muḥṣanāt, that is, those who already have husbands—‘except those whom your right hands possess’ (Q 4:24). While their marriage lasts they are unlawful to others, ‘except those whom your right hands possess,’ meaning those taken as booty. Thus, when a married non-Muslim woman is captured, she becomes lawful to the Muslims once her womb has been proven clear.”

3 – The ḥadith is clear proof that the marriage of a female captive is dissolved and that intercourse with her is permissible even before she embraces Islam, whether she is from the People of the Book or an idolater, for the verse is unrestricted. The Prophet never required the captives to accept Islam, nor did he forbid their captors to have relations with them before they became Muslim. This is the position of the majority of scholars.

4 – The well-known view in the Ḥanbalī school is different:
• Al-Muqniʿ states: “Any woman whom one is forbidden to marry is likewise forbidden through ownership.”
• Al-Inṣāf adds: “This is the official school position, adopted by its leading authorities.”
• Ibn Taymiyyah, however, held that intercourse is permissible with slave-girls who are not from the People of the Book.

Ibn al-Qayyim writes in Zād al-Hādī: “The Prophet (peace and blessings be upon him) dispatched an army to Autās; they brought back female captives, and the Companions hesitated to have relations with them because the captives had idolater husbands. Allah then revealed: ‘And [also forbidden to you are] married women, except those whom your right hands possess’ (Q 4:24), meaning: they become lawful once their waiting period ends.” Reported by Muslim.

This ruling therefore permits intercourse with a female captive even when she had a husband among the unbelievers, showing that his marriage is nullified and his hold over her ends when the Muslims gain possession of her. This is the sound position.

The Prophet’s legal judgment likewise indicates the permissibility of intercourse with pagan slave-girls owned through right-hand possession.