A man who divorces his wife, and a slave marries her without his master's permission

Al-Hasan was asked: If a man divorces his wife, and then a slave marries her without his master's permission and also consummates the marriage, does she become lawful for the first husband? Al-Hasan said: He is not her husband; that is, she does not become lawful for the first husband.

The same is reported from al-Sha'bi.

Al-Hakam said: This slave is her husband, and he (the first husband) may take her back.

Ata was asked: If a man divorces his wife three times, and then a slave marries her without his master's permission, does she become lawful for the first husband? He said: This marriage is not valid, so she may not marry the first husband.

Ibrahim said: She may not marry the first husband, because the marriage is not valid.

Hammad said: She may not marry the first husband until she contracts a valid marriage of the kind Muslims contract.

Tawus said: Through a marriage that is not in accordance with the Shari'ah, a woman does not become lawful for her first husband.

Amir said: A slave and a eunuch are husbands in any case.