owns property; this is the position of Malik and his colleagues.

Those scholars who deny the slave any proprietary capacity do not allow him sexual relations except by an actual marriage contract, and in no circumstance do they permit him to take a concubine.

If a male slave pronounces a single revocable divorce on his wife, he may take her back even if his master objects. Some have said that he may not do so without the master’s permission, but the first view is the sounder.

When an owner marries his male slave to his female slave and then sells the woman—or sells either of the two—their marriage remains; the sale of both or of either one does not dissolve the bond. If the purchaser was aware of the marriage and accepted it, the sale is binding; if he was unaware, he has the choice either to rescind or to ratify the sale.

If a female slave marries without her master’s leave, the marriage is annulled—without any need for divorce—whether or not consummation has occurred. Should consummation not have taken place, she is entitled to nothing. If consummation did occur while the husband knew she was a slave and he had stipulated for her a dower equal to that of her peers, the master is entitled to that dower if he finds it still with her; if the husband has not yet paid it, the master takes it from him directly. If she has received the dower and has spent or destroyed it, the master demands from the husband another dower equivalent to that of her peers. If she has not spent it and the amount exceeds her customary peer dower, the master takes all of it. Should he recover only a portion of the dower and that portion equals the peer dower, he keeps it and makes no further claim against the husband; but if the recovered amount is less, he pursues the husband for the balance until the full peer dower is satisfied, after which the husband has no claim against her.

If the slave woman deceived the man by claiming to be free, the husband recovers from her whatever dower he can find and then pays the master the sum required for lawful intercourse with her. If the dower has been lost, the master takes that required sum from the husband, who in turn becomes a creditor against the slave woman for what he paid her—beyond the amount that legalizes intercourse—to be collected from her once she is emancipated. Should her master annul the marriage, the husband can never claim any part of that sum from her.

If the husband fathers a child by her while knowing that she is a slave, the child is likewise a slave, even if she had beguiled him.