Third: The scholars have unanimously agreed that this is permissible, as we have mentioned. No Muslim has said that marrying these women is permissible while taking them as concubines is forbidden. Rather, it has been said that intercourse by right of ownership is forbidden wherever intercourse within marriage is forbidden; and it has been said that marrying them is permissible. Thus, there is consensus on the permissibility of taking such a slave woman as a concubine. Its permissibility is neither stronger than that of marriage nor weaker. To prohibit taking them as concubines while permitting marriage to them would therefore contradict scholarly consensus.
Fourth: The permissibility of marrying them implies, with still greater force, the permissibility of taking them as concubines. There is no disagreement that any woman with whom intercourse is permissible through marriage may also be lawfully approached by right of ownership. The converse, however, is disputed. This is because ownership allows greater latitude: it imposes no numerical limit, whereas marriage is limited to a specified number. Where having certain women together as wives is forbidden, there has been disagreement over whether having them together as concubines is likewise forbidden. A man may also enjoy intimacy by right of ownership without having to allot turns, obtain permission to practise withdrawal, or observe similar restrictions imposed on him to safeguard a wife’s rights.
The authority established by marriage is a form of bondage, whereas ownership entails complete bondage. Allah has permitted Muslim men to marry women from the People of the Book, but men from the People of the Book may not marry Muslim women. This is because marriage is a form of bondage, as ‘Umar said:
“Marriage is bondage, so let each of you consider to whom he entrusts his cherished daughter in bondage.”
Zayd ibn Thābit said:
“The husband is a master in the Book of Allah.” He then recited His words, Most High:
“And they both found her master at the door.”
The Prophet, may Allah bless him and grant him peace, said:
“Fear Allah regarding women, for they are captives in your care.”
Thus, permission was granted