Those who said it is not a divorce, and the buyer should not have intercourse with her until he divorces her

Abu Salamah said: Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) bought a slave-girl from Sayyiduna Asim bin Adi (may Allah be pleased with him). He was told that she had a husband, so he returned her.

Sulayman bin Yasar said: Sayyiduna Asim bin Adi (may Allah be pleased with him) gave Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) a slave-girl as a gift. When he was about to approach her, she told him that she had a husband, so Sayyiduna Abd al-Rahman (may Allah be pleased with him) returned the slave-girl.

Sayyiduna Umar (may Allah be pleased with him) said: He has also bought her private part (i.e. the right of intimacy with her).

Mus'ab bin Sa'd said: Sayyiduna Sa'd (may Allah be pleased with him) bought a slave-girl who had a husband. He did not go near that slave-girl until he had bought her husband's right over her from him for five hundred.

Mus'ab bin Sa'd (may Allah have mercy on him) said: Sayyiduna Sa'd (may Allah be pleased with him) married one of his slave-girls to one of his slaves. Later he himself came to desire that slave-girl, so he gave his slave a payment on condition that he divorce her.

Nafi' (may Allah have mercy on him) said: A man gave his slave-girl to Sayyiduna Uthman (may Allah be pleased with him) as a gift. When he wished to have intercourse with her, she said: I have a husband. So he returned her to her master and said: You gave me a slave-girl who has a husband.

Al-Sha'bi (may Allah have mercy on him) said: A man from Hamdan gave one of his slave-girls to Sayyiduna Ali (may Allah be pleased with him) as a gift. When she came to him, Sayyiduna Ali (may Allah be pleased with him) asked her: Are you free or occupied? She said: O Commander of the Believers, I am occupied, meaning, I have a husband. Sayyiduna Ali (may Allah be pleased with him) kept away from her, sent a message to her husband to summon him, and bought his right over her for four hundred and twenty.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: A slave has the greater right to his wife wherever he finds her, unless he has given her an irrevocable divorce, in which case his right has ended.

Ibn Sirin (may Allah have mercy on him) said: I was informed that Sayyiduna Abd al-Rahman (may Allah be pleased with him) saw a woman whom he found pleasing. He asked about her, who she was, and he was told: She is the slave-girl of so-and-so. He bought her for four thousand dirhams, and it later became known that she had a husband. So he gave her husband one hundred dirhams to divorce her, but he refused to divorce her. He increased the amount and he refused again; he kept increasing and the man kept refusing, until he offered five hundred dirhams, but he still refused. So Sayyiduna Abd al-Rahman (may Allah be pleased with him) returned that slave-girl to him.

Sayyiduna Abu Mas'ud (may Allah be pleased with him) disliked that a man should have intercourse with a slave-girl while she has a husband.

Shurayh (may Allah have mercy on him) said: I dislike having intercourse with a woman such that, if I found a man with her, I could not carry out the prescribed punishment on him.

Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) disliked that intercourse should take place with a slave-girl who has a husband.

In one narration this addition is attributed to him: Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) said: Two husbands are not permissible in Islam.

Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) bought a slave-girl who had a husband, then returned her and said: In that case, her defect was concealed from me.