Ruling if a Man Marries a Slave Woman and Then Purchases Her

Ibrahim and Hazrat Sha'bi state that if a man was married to a slave woman, and then he bought the slave woman, the marriage will end and she will become his slave; if he wishes, he may have intercourse with her.

Hasan says that if a man buys his slave-girl, then slavery will terminate the marriage.

Hazrat Mak'hool says that if a man marries a slave woman and then buys her, he may, if he wishes, have intercourse with her by right of ownership.

Hazrat Tawus says that due to ownership, he can have intercourse with her.

Hazrat Ibn Abi Dhib says that I asked Hazrat Ata: If a man has a slave woman in his marriage and he buys her, what is the ruling? He replied: She is his slave woman; he may do with her as he wishes. I asked the same question to Hazrat Zuhri, and he also said the same.

16885 - He said: And I asked al-Zuhri, and he said: (The same) (1) as that.

Hazrat Ja'far bin Burqan narrates that I asked Hazrat Zuhri about a man who had a slave woman in his marriage and then he bought her. He replied that buying her will terminate the marriage. Hazrat Ja'far says that I asked Maymun bin Mihran about this, and he said that she is permissible for him through both doors: through the door of marriage and through the door of ownership.

16887 - He said: Ja'far, and I asked Maymun ibn Mihran about that, he said: It is permissible for him from two aspects: from before marriage and from before purchase.

Hazrat Umar was asked: If a man has a slave woman in his marriage, and he gives her one divorce, then the slave is set free and he buys his wife, what will be the status of his wife? He replied: When he has bought her, she will be in the status of a slave woman. Hazrat Ikrimah and Hazrat Hasan bin Abi al-Hasan also gave the same verdict.