Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, said regarding a man who marries a slave woman, then that slave woman gives birth to his child, and then he buys her: (he said that) indeed, that slave woman will not become an umm walad (mother of a child) for him because of the child she bore when she was in the ownership of another person. (She cannot become umm walad) until she gives birth to his child while she is in his ownership after he has purchased her.

Imam Malik, may Allah have mercy on him, said: And if (the husband) buys her (the slave woman) in such a state that she has already become pregnant from his semen, then if she gives birth to a child after coming into his ownership, according to our opinion, she will be considered Umm Walad because of that pregnancy. And Allah knows best.

And he narrated to me from Malik that he asked Ibn Shihab about a man who had a slave woman as his wife, then he bought her, and he had divorced her once. He said: "She is lawful for him by virtue of his right hand's ownership as long as he has not made her divorce final. But if he has made her divorce final, then she is not lawful for him by virtue of his right hand's ownership until she marries another husband besides him."

And he narrated to me from Malik that he asked Ibn Shihab about a man who had a slave woman as his wife, then he bought her, and he had divorced her once. He said: "She is lawful for him by virtue of his right hand's ownership as long as he has not made her divorce final. But if he has made her divorce final, then she is not lawful for him by virtue of his right hand's ownership until she marries another husband besides him."

Imam Malik, may Allah have mercy on him, said: And if (the husband) buys her (the slave woman) in such a state that she has already become pregnant from his semen, then if she gives birth to a child after coming into his ownership, according to our opinion, she will be considered Umm Walad because of that pregnancy. And Allah knows best.

Imam Malik, may Allah have mercy on him, said regarding a man who marries a slave woman, then that slave woman gives birth to his child, and then he buys her: (he said that) indeed, that slave woman will not become an umm walad (mother of a child) for him because of the child she bore when she was in the ownership of another person. (She cannot become umm walad) until she gives birth to his child while she is in his ownership after he has purchased her.

And he narrated to me from Malik that he asked Ibn Shihab about a man who had a slave woman as his wife, then he bought her, and he had divorced her once. He said: "She is lawful for him by virtue of his right hand's ownership as long as he has not made her divorce final. But if he has made her divorce final, then she is not lawful for him by virtue of his right hand's ownership until she marries another husband besides him."

Imam Malik, may Allah have mercy on him, said regarding a man who marries a slave woman, then that slave woman gives birth to his child, and then he buys her: (he said that) indeed, that slave woman will not become an umm walad (mother of a child) for him because of the child she bore when she was in the ownership of another person. (She cannot become umm walad) until she gives birth to his child while she is in his ownership after he has purchased her.

Imam Malik, may Allah have mercy on him, said: And if (the husband) buys her (the slave woman) in such a state that she has already become pregnant from his semen, then if she gives birth to a child after coming into his ownership, according to our opinion, she will be considered Umm Walad because of that pregnancy. And Allah knows best.

Sayyiduna Umar bin Khattab (may Allah be pleased with him) was asked whether it is permissible to have intercourse with both a mother and her daughter, one after the other, due to ownership by right hand (milk yameen). He replied: In my view, it is not good. And he forbade it.

It is narrated from Qabeesah bin Dhu’ayb that a man asked Sayyiduna Uthman bin Affan (may Allah be pleased with him) whether it is permissible to keep two sisters as slave women under one’s ownership. Sayyiduna Uthman (may Allah be pleased with him) replied: According to one verse, it is permissible, and according to another verse, it is not permissible, but I do not like it. Then that man went away and met another companion, and asked him the same question. He said: If I were the ruler and saw someone doing this, I would give him a severe punishment. Ibn Shihab said: I think that companion was Sayyiduna Ali (may Allah be pleased with him).

Imam Malik, may Allah have mercy on him, said: If a person has a slave woman and he has intercourse with her, then he wishes to have intercourse with her sister, this is not permissible. Until the private part of the first sister becomes forbidden for him, for example, he marries her off or gives her in marriage to his slave.

Imam Malik (may Allah have mercy on him) was informed that there is a similar narration from Sayyiduna Zubair bin Al-Awwam (may Allah be pleased with him).

Imam Malik (may Allah have mercy on him) was informed that there is a similar narration from Sayyiduna Zubair bin Al-Awwam (may Allah be pleased with him).

Imam Malik, may Allah have mercy on him, said: If a person has a slave woman and he has intercourse with her, then he wishes to have intercourse with her sister, this is not permissible. Until the private part of the first sister becomes forbidden for him, for example, he marries her off or gives her in marriage to his slave.