Those Scholars Who Say This Is Not Divorce, but the Buyer Cannot Consummate Until Divorce Is Issued

Hazrat Abu Salamah (may Allah have mercy on him) narrates that Hazrat Abdur Rahman bin Auf (may Allah be pleased with him) bought a slave woman from Asim bin Adi (may Allah have mercy on him). He was informed that she also had a husband, so he returned the slave woman.

Hazrat Sulaiman bin Yasar (may Allah have mercy on him) narrates that Asim bin Adi (may Allah have mercy on him) gifted a slave woman to Abdur Rahman bin Auf (may Allah be pleased with him). When he was about to approach her, she informed him that she had a husband. So Hazrat Abdur Rahman (may Allah be pleased with him) returned the slave woman.

Hazrat Umar (may Allah be pleased with him) says that he has also purchased his private part.

Hazrat Mus'ab bin Sa'd narrates that Hazrat Sa'd (may Allah have mercy on him) bought a slave woman who had a husband, and he did not go near that slave woman until he bought her right from her husband for five hundred.

Hazrat Mus'ab bin Sa'd (may Allah have mercy on him) narrates that Hazrat Sa'd (may Allah be pleased with him) married one of his slave women to one of his slaves. Later, when he himself wished to have that slave woman, he compensated his slave on the condition that he would divorce her.

Hazrat Nafi' (may Allah have mercy on him) narrates that a man gifted his slave woman to Uthman (may Allah be pleased with him). When he wished to have intercourse with her, she said that she had a husband. So he returned her to her owner and said, "You have gifted me a slave woman who had a husband."

Hazrat Sha'bi (may Allah have mercy on him) narrates that a man from Hamdan gifted one of his slave girls to Hazrat Ali (may Allah be pleased with him). When she came to him, Hazrat Ali (may Allah be pleased with him) asked her, "Are you free (from marital bond) or are you engaged (i.e., married)?" She replied, "O Commander of the Faithful! I am engaged, meaning I have a husband." Hazrat Ali (may Allah be pleased with him) withdrew from her and sent a message to her husband, called him, and purchased her right for four hundred and twenty.

Hazrat Ibn Umar (may Allah be pleased with them) narrates that a slave has more right to his wife wherever he finds her; however, if he gives her an irrevocable divorce, then his right is terminated.

Hazrat Ibn Sirin (may Allah have mercy on him) narrates that he was informed that Hazrat Abdur Rahman (may Allah be pleased with him) saw a woman who seemed pleasing to him. He inquired about her, asking, "Who is she?" He was told that she was the slave-girl of so-and-so. He bought her for four thousand dirhams. Later, it became known that she also had a husband. So he gave her husband one hundred dirhams to divorce her, but he refused to divorce her. He increased the amount, but the husband still refused. He kept increasing the amount, and the husband kept refusing, until he offered five hundred dirhams, but even then the husband refused. So Hazrat Abdur Rahman (may Allah be pleased with him) gave the slave-girl back to him.

Hazrat Abu Masood (may Allah be pleased with him) considered it disliked that a man has intercourse with a woman while she also has a husband.

Hazrat Shurayh (may Allah have mercy on him) says that I consider it undesirable to have intercourse with such a woman that if I were to see a man with her, I would not be able to enforce the prescribed punishment on him.

Hazrat Abdur Rahman bin Auf (may Allah be pleased with him) considered it reprehensible to have intercourse with a woman who has a husband. In one narration, this addition is attributed to him that in Islam, a woman cannot have two husbands.

19285 - And Ali ibn Salih added to it: And Abdur Rahman ibn Awf said: (Two spouses) are not permissible in Islam. (1) (2).

Hazrat Abdur Rahman bin Auf (may Allah be pleased with him) bought a slave woman who had a husband, then he returned her and said that she was doubtful for me.