for a Muslim to hold such a disbelieving woman in bondage, whereas a disbeliever was not permitted to hold such a Muslim woman in bondage, because Islam is supreme and nothing is above it. Likewise, a Muslim was permitted to own a disbeliever, whereas a disbeliever was not permitted to own a Muslim. Thus, intercourse with these women by virtue of full ownership is all the more clearly permissible.

This is clarified by the following: the impediment would have to be either disbelief or slavery. Disbelief of this kind is not an impediment, and slavery does not prevent intercourse by right of ownership; it can only serve as an impediment to marriage. Thus, when the ground permitting intercourse exists and no impediment remains, intercourse is permissible. This argument encompasses both “reasoning by analogy” and “a fortiori reasoning.” A “fourth argument” can also be derived from it, framed as “reasoning from the effective cause.”

It may be stated as follows: ownership provides the ground for permitting intercourse with the female slave, as the revealed text indicates when it identifies this effective cause in His words:

“Or those whom your right hands possess.”

Intercourse is prohibited only when there is a reason requiring its prohibition, such as her being forbidden through milk kinship, marriage ties, polytheism, or something similar. In this woman’s case, nothing could serve as an impediment except her being from the People of the Book, and that is not an impediment. When the ground for permissibility exists, and the alleged impediment cannot serve as a countervailing factor, that ground must be acted upon, since nothing of equal force opposes it. Once fully understood, these arguments establish with certainty that it is permissible.

“Fifth argument”: Whoever reflects on the lives of the Companions and the early Muslims during the time of the Prophet, may Allah bless him and grant him peace, and that of the Companions will find many reports showing that they did not regard this as an impediment. Rather, this was the practice of the Prophet, may Allah bless him and grant him peace, and of his caliphs. One example is the man who had a slave woman who had borne him a child. She used to revile the Prophet, may Allah bless him and grant him peace, so he proceeded to kill her.