A man who marries a slave woman and then buys her

Ibrahim and al-Sha'bi said: If a man was married to a slave woman and then bought her, the marriage ends and she becomes his slave woman; if he wishes, he may have intercourse with her.

Al-Hasan said: If a man buys his slave wife, the state of slavery (ownership) ends the marriage contract.

Makhul said: If a man married a slave woman and then bought her, he may, if he wishes, have intercourse with her by virtue of ownership.

Tawus said: He may have intercourse with her by virtue of ownership.

Ibn Abi Dhi'b said: I asked Ata: If a man is married to a slave woman and he buys her, what is the ruling? He said: She is his slave woman; he may do with her as he wishes. I put the same question to al-Zuhri, and he said the same.

He said: And I asked al-Zuhri, and he said the same.

Ja'far bin Burqan said: I asked al-Zuhri about a man who was married to a slave woman and then bought her. He said: The purchase ends the marriage. Ja'far said: I asked Maymun bin Mihran about this, and he said: She is lawful for him through two doors: the door of marriage and the door of ownership.

Ja'far said: And I asked Maymun bin Mihran about that, and he said: She is lawful for him by two ways: by way of marriage and by way of purchase.

Amr said: Jabir bin Zayd was asked: If a man is married to a slave woman and gives her one divorce, then the slave (husband) is set free and he buys his wife, what will be her status? He said: When he has bought her, she has the status of a concubine (surriyyah). Ikrimah and al-Hasan bin Abi al-Hasan also gave the same fatwa.