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Hadith 1112

Imam Malik, may Allah have mercy on him, said: It is not permissible to marry a Jewish or Christian slave woman. And what Allah, Glorified and Exalted is He, has permitted in His Book regarding marriage to women of the People of the Book refers to free women. And Allah, Glorified and Exalted is He, has said: "Whoever among you does not have the means to marry believing free women, then he may marry believing slave women." Allah has made marriage to believing slave women lawful, not to slave women of the People of the Book. However, it is permissible for the owner to have intercourse with a Jewish or Christian slave woman, but not with a polytheist slave woman.
Imam Malik, may Allah have mercy on him, said: And indeed, in our opinion, Allah the Exalted has made lawful marriage only with believing slave women, and has not made lawful marriage with slave women from the People of the Book, that is, Jewish and Christian slave women.
Imam Malik, may Allah have mercy on him, said: A Jewish or Christian slave girl is lawful for her master due to possession by right hand (personal ownership). Imam Malik, may Allah have mercy on him, said that it is not lawful to have intercourse with a Magian slave girl due to possession by right hand.
وَحَدَّثَنِي، عَنْ مَالِك، عَنِ إِبْرَاهِيمَ بْنِ أَبِي عَبْلَةَ ، عَنْ عَبْدِ الْمَلِكِ بْنِ مَرْوَانَ ، أَنَّهُ وَهَبَ لِصَاحِبٍ لَهُ جَارِيَةً، ثُمَّ سَأَلَهُ عَنْهَا، فَقَالَ : قَدْ هَمَمْتُ أَنْ أَهَبَهَا لِابْنِي، فَيَفْعَلُ بِهَا كَذَا وَكَذَا، فَقَالَ عَبْدُ الْمَلِكِ : لَمَرْوَانُ كَانَ أَوْرَعَ مِنْكَ، وَهَبَ لِابْنِهِ جَارِيَةً، ثُمَّ قَالَ : " لَا تَقْرَبْهَا، فَإِنِّي قَدْ رَأَيْتُ سَاقَهَا مُنْكَشِفَةً "
Abdul Malik bin Marwan gifted a slave girl to his friend. Later, he inquired about the condition of the slave girl. His friend said: I intend to gift this slave girl to my son so that he may have intercourse with her. Abdul Malik said: Marwan was more pious than you; he gifted a slave girl to his son and told him not to have intercourse with her because I had seen her thighs uncovered.
Hadith Reference موطا امام مالك رواية يحييٰ / كتاب النكاح / 1112
Hadith Grading محدثین: مقطوع صحيح
Hadith Takhrij «مقطوع صحيح، انفرد به المصنف من هذا الطريق، فواد عبدالباقي نمبر: 28 - كِتَابُ النِّكَاحِ-ح: 38»