meaning: whoever cannot afford the dower of a free believing woman should marry a believing slave woman.
This is evidence that it is not permissible for a free man to marry a slave woman except on two conditions: first, that he cannot afford the dower of a free woman; and second, that he fears falling into hardship—that is, fornication—as Allah, Exalted is He, says at the end of the verse: “This is for those among you who fear falling into sin.” This was the view of Jabir, may Allah be pleased with him; it was also held by Tawus and Amr ibn Dinar, and adopted by Malik and al-Shafi‘i.
The People of Opinion permitted a free man to marry a slave woman unless he already had a free wife in marriage. As for a slave man, he may marry a slave woman even if he already has a free wife or a slave wife in marriage. According to Abu Hanifah, may Allah have mercy on him, however, this is not permissible if he has a free wife, just as he held regarding a free man.
The verse also proves that it is not permissible for a Muslim man to marry a Christian or Jewish slave woman, for Allah says: “Then marry believing slave women from among those whom you possess.” He permitted marriage to a slave woman on the condition that she be a believer. Elsewhere, He says: “The food of those who were given the Scripture is lawful for you, and your food is lawful for them; and chaste women from among the believing women, and chaste women from among those who were given the Scripture.” (Al-Ma'idah - 5) That is, free women. Thus, He permitted marriage to a Christian or Jewish woman on the condition that she be free. The People of Opinion, however, permitted a Muslim man to marry a Christian or Jewish slave woman. By unanimous agreement, sexual relations with her are permissible by virtue of ownership.
[“Allah knows best the state of your faith”: that is, do not probe into the inward reality of faith; rather, judge by what is outward, for Allah knows best the state of your faith.] (1)
“You are of one another.” It was said that this means: some of you are brothers to others. It was also said: all of you are from a single soul, so do not disdain marriage to slave women. “So marry them,” meaning the slave women, “with their owners’ permission,” that is, the permission of their masters, “and give them their dowries,” meaning their bridal gifts, “fairly,” without delay or harm; “provided they are chaste,” that is, preserving their chastity through marriage, “neither committing fornication,” that is, not being fornicators, “nor taking secret lovers,” that is, lovers with whom they commit fornication in secret. Al-Hasan said: A woman who openly commits fornication is one who follows every man who calls her, whereas a woman who takes secret lovers confines herself to one man and commits fornication with no one else. The Arabs used to forbid the former and permit the latter.
“When they are married”: Hamzah, al-Kisa’i, and Abu Bakr recited the verb with a fathah on the initial alif and the letter sad, meaning: when they guard their chastity. Ibn Mas‘ud said: when they embrace Islam. The other reciters read it with a dammah on the initial alif and a kasrah on the letter sad, meaning: when they are married. “Then, if they commit an indecency,” meaning fornication, “they shall receive half the punishment prescribed for chaste women,” meaning the punishment prescribed for free virgin women if they commit fornication, “of the punishment,” meaning the prescribed legal penalty. Thus, if a slave commits fornication, he is to be given fifty lashes. As for whether he is to be banished, there are two views. If we hold that he is to be banished, then, according to the sounder view, he is banished for half a year. There is no stoning for slaves.
It is related from Abdullah ibn Ayyash ibn Abi Rabi‘ah that he said: Umar ibn al-Khattab, may Allah be pleased with him, instructed me, along with a group of young men from