What they said on a Magian woman who is taken captive and has intercourse with her captor

Musa bin Abi Aishah (may Allah have mercy on him) said: I asked Murrah (may Allah have mercy on him) about a man who buys a Magian woman or takes her captive, and then has intercourse with her before she is taught Islam: what is the ruling? He (may Allah have mercy on him) said: "This is not proper."

The narrator said: I asked Sa'id bin Jubayr (may Allah have mercy on him), and he (may Allah have mercy on him) said: "If he does that, he is no better than she is."

Musa bin Abi Aishah (may Allah have mercy on him) said: I asked Murrah bin Sharahil al-Hamdani and Sa'id bin Jubayr (may Allah have mercy on him) about a Magian slave woman: when a man acquires her, may he have intercourse with her? Murrah said: "He should not have intercourse with her until she embraces Islam."

Sa'id bin Jubayr (may Allah have mercy on him) said: If he returns to it, that is worse than it.

Makhul (may Allah have mercy on him) said: When a slave woman is a Magian, he should not marry her until she accepts Islam.

Imam al-Awza'i (may Allah have mercy on him) said that al-Zuhri (may Allah have mercy on him) stated: Do not go near a Magian woman until she says: La ilaha illa Allah (there is no god but Allah). When she says this, it will be regarded as Islam on her part.

Simak (may Allah have mercy on him) said that Abu Salamah bin Abd al-Rahman (may Allah have mercy on him) stated: Do not have intercourse with her until she accepts Islam.

Al-Hasan bin Muhammad (may Allah have mercy on him) said: The Messenger of Allah (peace and blessings be upon him) wrote to the Magians of Hajar, offering Islam to them. Whoever among them accepted Islam, his Islam was accepted, and whoever refused had the jizyah imposed on him, except that their slaughtered animals would not be eaten and their women would not be married.

Yunus (may Allah have mercy on him) said that al-Hasan (may Allah have mercy on him) stated concerning a man who has a Magian slave woman: He should not have intercourse with her.

Hammad (may Allah have mercy on him) said that Ibrahim (may Allah have mercy on him) stated: When Magian women or idol-worshipping women are taken captive, Islam is to be offered to them and they are to be compelled to accept it. If they accept Islam, intercourse with them is permitted and they may be made to serve. If they refuse to accept Islam, they may be made to serve, but there is to be no intercourse with them.

Amr bin Shu'ayb (may Allah have mercy on him) said that Sa'id bin al-Musayyib (may Allah have mercy on him) stated: There is no harm in a man buying a Magian slave woman and having intercourse with her.