Chapter on the Rulings Regarding Male Slaves and Female Bondwoman

Hadith.4556 - Al-Hasan ibn Mahbub narrated from Malik ibn Atiyyah, from Dawud ibn Farqad, from Abu Abdillah (as), who said: I asked him about a man who purchased a mature bondwoman who had not menstruated while with him for six months, and there was no sign of pregnancy. Imam (as) said: "If it is customary for someone like her to menstruate, and her condition is not due to old age, then this is a defect for which she can be returned."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.4557 - Aban ibn Uthman narrated from Al-Hasan al-Sayqal, from Abu Abdillah (as), who said: I heard him being asked about a man who purchased a bondwoman and had relations with her before observing an istibra' (waiting period) to ensure she was not pregnant. Imam (as) said: "What he did was wrong. He should seek forgiveness from Allah (swt) and not repeat it." Then it was said: "What if he sold her to another man, who also had relations with her without observing an istibra'? Then the second man sold her to a third man, who also had relations with her without observing an istibra', and it later became clear that she was pregnant while with the third man?" Abu Abdillah (as) said: "The child belongs to the [current] owner of the bed (al-firash), and for the adulterer (al-ahir), there is nothing but loss (al-hajar)."

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Hadith.4558 - Wahb ibn Wahb narrated from Jafar ibn Muhammad, from his father (as), who said: Imam Ali ibn Abi Talib (as) said: "Whoever acquires more bondwomen than he can marry or give in marriage, then the sin is upon him if they commit immorality."

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Hadith.4559 - Harun ibn Muslim narrated from Masadah ibn Ziyad, who said: Abu Abdillah (as) said: "Ten categories of bondwomen are prohibited: You may not combine between a mother and her daughter. You may not combine between two sisters. You may not take your bondwoman if she is pregnant by another until she delivers. You may not take your bondwoman if she is your paternal aunt through breastfeeding. You may not take your bondwoman if she is your maternal aunt through breastfeeding. You may not take your bondwoman if she is your sister through breastfeeding. You may not take your bondwoman if she is the daughter of your brother through breastfeeding. You may not take your bondwoman if she has a husband. You may not take your bondwoman if she is in her waiting period (iddah). You may not take your bondwoman if you share ownership of her with another."

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Hadith.4560 - Dawud ibn al-Husayn narrated from Abu al-Abbas al-Baqbaq, who said: I asked Abu Abdillah (as): "Can a man marry a bondwoman without the knowledge of her owners?" Imam (as) said: "That is considered fornication. Indeed, Allah (swt), the Mighty and Majestic, says: 'Then marry them with the permission of their owners' (Surah An-Nisa, 4:25)."

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Hadith.4561 - Al-Alaa narrated from Muhammad ibn Muslim, from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), who said: In the book of Imam Ali ibn Abi Talib (as), it is written: "A child cannot take anything from the wealth of his father, but a father may take whatever he wishes from the wealth of his child. Additionally, a father is permitted to have relations with the bondwoman of his son, provided that the son has not had relations with her."

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Hadith.4562 - And in another narration: "It is not permissible for a man to have relations with the bondwoman of his daughter except with her permission."

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Hadith.4563 - Abd al-Rahman ibn al-Hajjaj and Hafs ibn al-Bakhtari asked Abu Abdillah (as) about a man who owns a bondwoman-does she become permissible for his son? Imam (as) said: "As long as there has been no intercourse or intimate contact similar to intercourse, then there is no harm."

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Hadith.4564 - Imam (as) said: "My father (as) had two bondwomans who served him, and he gifted one of them to me."

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Hadith.4565 - Imam (as) was asked about what is permissible for a male slave in terms of women. Imam (as) said: "Two free women or four bondwomen."

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Hadith.4566 - Al-Alaa narrated from Muhammad ibn Muslim, from Abu Abdillah (as), who said: I asked him about a man who had a bondwoman with whom he had relations. He then sold her, and she was later freed and married, giving birth to a daughter. Is her daughter permissible for her former master? Imam (as) said: "She is forbidden to him."

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Hadith.4567 - Imam (as) said regarding a bondwoman who belonged to a man and with whom he had relations, and she miscarried his child after three months: "She is considered Umm Walad (the mother of his child)."

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Hadith.4568 - I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a free woman who married a man thinking he was free, but later discovered that he was a slave. Imam (as) said: "She has authority over herself. After learning the truth, if she wishes, she may stay with him and accept him, or if she wishes, she may leave him. If the slave had consummated the marriage with her, then she is entitled to the dowry for what was made lawful to him from her. However, if he had not consummated the marriage, then the marriage is invalid. But if she chooses to remain with him after learning that he is a slave, then he has the right to keep her as his wife."

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Hadith.4569 - Al-Hasan ibn Mahbub narrated from Sadan ibn Muslim, from Abu Basir, from one of the Imams (peace be upon them), regarding a man who married his bondwoman to a free man for a dowry of four hundred dirhams. He paid two hundred dirhams in advance and delayed the payment of the remaining two hundred dirhams. The husband then consummated the marriage with her. Later, her master sold her to another man. Who is responsible for the remaining two hundred dirhams? Imam (as) said: "If the husband did not pay the remainder of the dowry before she was sold, then neither he nor anyone else owes it. And when her master sold her, she became separated from the free husband, provided he was aware of this ruling."

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Hadith.4570 - Al-Hasan ibn Mahbub narrated from Al-Alaa, from Muhammad ibn Muslim, who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a slave belonging to a man who fled and went to another land. There, he claimed to be a free man from a certain tribe and married a woman from that land, fathered children with her, and then she died, leaving behind wealth, property, and her children in his care. Later, his master came to that land, reclaimed the slave and all that was in his possession, and the slave admitted to being his property. Imam (as) said: "As for the slave, he belongs to his master. However, the wealth and property belong to the children of the deceased woman. A slave does not inherit from a free person." I said: "May I be your ransom! What if the woman had no children or heirs when she died? Who would the wealth and property belong to?" Imam (as) said: "All that she left behind would belong exclusively to the Imam of the Muslims."

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Hadith.4571 - Al-Hasan ibn Mahbub narrated from Hakam al-Ama and Hisham ibn Salim, from Ammar al-Sabati, who said: I asked Abu Abdillah (as) about a man who permitted his slave to marry a free woman. The slave then fled from his master, and the wife of the slave came seeking maintenance from the master of the slave. Imam (as) said: "She has no right to maintenance from the master of the slave, and her marriage bond with the slave is severed, because the slave's escape is considered a divorce, and he is like one who has apostatized from Islam." I asked: "If the slave returns to his master, does his wife return to him?" Imam (as) said: "If her waiting period (iddah) has ended and she has married another husband, then he has no claim over her. However, if she has not married another, she remains his wife based on the original marriage contract."

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Hadith.4572 - Al-Alaa narrated from Muhammad ibn Muslim, from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), who said: "Commander of the Faithful (as) ruled in the case of a woman who allowed her slave to have relations with her and married him: She is to be given one hundred lashes, and the slave is to be given fifty lashes. The slave is then to be sold in a manner that ensures he is distanced from her (bi-sughrin minha). It is forbidden for any Muslim to sell her a mature slave after that incident."

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Hadith.4573 - Al-Hasan ibn Mahbub narrated from Abdul-Aziz, from Ubayd ibn Zurarah, from Abu Abdillah (as) regarding a slave jointly owned by two men - one of them married him off without the knowledge of the other. Later, the second owner found out about the marriage. Imam (as) said: "The one who was unaware and did not give permission has the right to annul the marriage when he learns about it. However, if he wishes, he may allow the marriage to remain valid."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.4574 - Al-Hasan ibn Mahbub narrated from Ali ibn Abi Hamzah, from Abu al-Hasan (as) regarding a man who married his slave to a free woman for a dowry of one hundred dirhams. Then, before the slave consummated the marriage with her, the master sold him. Imam (as) said: "The master must give her half of the agreed dowry from the price he received for selling the slave. This is treated as a debt that the slave incurred with the permission of his master."

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Hadith.4575 - Muhammad ibn Ismail ibn Bazi asked Imam Ali ibn Musa Ar-Ridha (as) about a woman who permitted her husband to have relations with her bondwoman. Imam (as) said: "That is permissible for him." He then asked: "What if he fears that she might be joking?" Imam (as) said: "If he knows that she is joking, then it is not permissible."

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Hadith.4576 - Jamil narrated from Fudayl, who said: I said to Abu Abdillah (as): "May I be your ransom! Some of our companions have narrated from you that you said if a man permits his believing brother to have relations with his bondwoman, then she is lawful for him." Imam (as) said: "Yes, O Fudayl." I asked: "What do you say about a man who has a precious bondwoman who is a virgin, and he permits his brother to enjoy her, but only in ways other than intercourse? Is it permissible for him to deflower her?" Imam (as) said: "No, he is only allowed what has been made lawful for him. Even if he permitted him only to kiss her, nothing beyond that would be lawful for him." I asked: "What if he permitted him everything except intercourse, but his desire overcame him, and he deflowered her?" Imam (as) said: "He should not do that." I asked: "If he did, would he be considered a fornicator?" Imam (as) said: "No, but he would be a betrayer and must compensate the owner of the bondwoman with one-tenth of her value."

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Hadith.4577 - Al-Hasan ibn Mahbub narrated from Jamil ibn Darraj, from Durays ibn Abdul-Malik, from Abu Abdillah (as) regarding a man who permits his brother to have relations with his bondwoman, and she goes out to fulfill his needs. Imam (as) said: "She is lawful for him." I asked: "What if she gives birth to a child? What should be done with the child?" Imam (as) said: "The child belongs to the owner of the bondwoman unless he stipulated at the time he permitted her that if she gives birth to a child from him, then the child is free. If he made such a condition, then the child is free." I asked: "Can he own his child?" Imam (as) said: "If he has wealth, he can purchase the child at its value."

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Hadith.4578 - Sulayman al-Farra' narrated from Hariz, from Zurara, who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a man who permits his brother to have relations with his bondwoman. Imam (as) said: "There is no harm in it." I asked: "What if she gives birth to a child?" Imam (as) said: "Let him take his child and return the bondwoman to her owner." I said: "But what if he did not permit him to do that?" Imam (as) said: "By granting permission, he has implicitly allowed it, and he cannot guarantee that such an outcome would not occur."

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Hadith.4579 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab, from Muhammad ibn Muslim, who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a bondwoman jointly owned by two men, who both designated her as mudabbar (set to be freed after their death). Then, one of them permitted his partner to have relations with her. Imam (as) said: "She is lawful for him. If either of them dies before the other, then half of her becomes free from the one who died, and the other half remains mudabbar." I asked: "What if the surviving partner wishes to have relations with her? Is that permissible?" Imam (as) said: "No, unless her freedom is fully established, and then he marries her with her consent whenever he wishes." I asked: "Hasn't half of her already become free, making her the owner of half of herself, while the other half belongs to the surviving partner?" Imam (as) said: "Yes." I asked: "What if she permits her master to have relations with her?" Imam (as) said: "That is not permissible for him." I asked: "Why is it not permissible for her to do that, while you allowed the first owner to permit his partner to have relations with her?" Imam (as) said: "Because a woman cannot gift, lend, or permit her private parts. However, she has authority over herself for the day that she owns her freedom, and the one who designated her as mudabbar has authority over her for his day. If he wishes to marry her temporarily (mutah) for something, whether small or large, on the day that she owns her freedom, he may do so."

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Hadith.4580 - Abu Abdillah (as) was asked about a free man who marries a bondwoman belonging to a people. Are the children considered slaves or free? Imam (as) said: "The children are free." Then Imam (as) added: "If one of the parents is free, the child is free."

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Hadith.4581 - Jamil ibn Darraj narrated that he asked Abu Abdillah (as) about a man who married a bondwoman, and she gave birth to a child. Imam (as) said: "The child is attributed to his father." I asked: "What about a slave who marries a free woman?" Imam (as) said: "The child is attributed to his mother."

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