Ruling if a Man Divorces His Slave Wife with an Irrevocable Divorce and Then Has Relations with Her After She Returns to Her Master

Hazrat Ali (may Allah be pleased with him) says that the master is not a husband.

Hazrat Sha'bi says that the master is not a husband.

Ibrahim says that the master is not a husband.

Hazrat Zaid says that the woman is under the command of her master (husband) if he does not intend to make her lawful (for himself).

Hazrat Abu Rafi’ reports that Hazrat Uthman (may Allah be pleased with him) was asked about this matter while Hazrat Ali (may Allah be pleased with him) and Hazrat Zaid bin Thabit (may Allah be pleased with him) were also present there. Hazrat Uthman (may Allah be pleased with him) and Hazrat Zaid (may Allah be pleased with him) granted concession regarding this matter and both said that she is his wife. Hazrat Ali (may Allah be pleased with him), due to displeasure at their statement, stood up and left.

Hazrat Ata says that the master is the husband.

Hazrat Shu’bah says that I asked Hazrat Hammad about a man who has a slave woman in his marriage and he gives her two divorces. Then the owner of the slave woman has intercourse with her, so can she return to her husband? He disliked this.

Hazrat Jabir bin Zaid was asked: If a man has a slave woman in his marriage and he divorces her, then her master has intercourse with her, can the husband take her back? He replied: That woman is not lawful for the first husband until she marries someone else.

Hazrat Zaid bin Thabit and Hazrat Zubair bin Al-Awwam state that if a person gives two divorces to his wife who is a slave woman, then her master has intercourse with her, and the intention is not any deception or the like, then she can return to her first husband through marriage.

Ibrahim says that if a man is married to a slave woman and he gives her two divorces, then her master has intercourse with her, she does not become lawful for the first husband until she marries another man.

Hazrat Tawoos says that if someone gives his slave-wife two divorces, then her master has intercourse with her, he can marry her.