The Ruling on the Slave Marrying a Free Woman

Question :

A man married a free woman, on the understanding that he was a free man, then it became clear that he was a slave. What is the ruling?

Answer:

If the matter is as stated in the question, then the woman has the choice: If she wishes to remain with him, that is her right , and if she wishes an annulment, that is her right, because his being a slave is a great harm to her, and he has cheated her, by not making clear the truth. So she must choose, based upon what has been confirmed in the authentic Hadith reported on the authority of 'A'ishah, may Allah be pleased with her, in which it is stated that when Barirah, may Allah be pleased with her, was freed, while she was married to her husband, Mughith who was a slave, may Allah be pleased with him. the Prophet gave her the choice and she chose herself (i.e., to be free from her husband).

The woman in the question has more right to choose, because she has been deceived, since she did not know that her husband was a slave. It has been authentically reported from the Prophet that he said:
"The Muslim is the brother of the Muslim, he should neither oppress him, nor despise him, nor him, nor forsake him."
And he said:
"Whoever cheated us is not one of us."

This man has cheated her and hidden from her his true status, and lied to her, by making it appear to her that he was free. If he has already had sexual intercourse with her, the dowry is for her, due to the fact that he had sexual relations with her. If they should disagree, they should raise the matter with the Islamic Judge, to examine their situation in accordance with the Islamic Law.

Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages

The Ruling on Marrying Women From the People of the Book

Question :

What is the ruling on marrying women from the People of the Book?

Answer:

The ruling on that it is permitted, according to the majority of scholars, based upon the Words of Allah, Most Glorified, in Surah Al-Ma'idah:
"(Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage), desiring chastity (i.e., taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girlfriends. And whosoever disbelieves in Faith [i.e. in the Oneness of Allah and in all the other Articles of Faith, i.e. His (Allah's) Angels, His Holy Books, His Messengers, the Day of Resurrection and Al-Qadar (Divine Preordainments)], then fruitless is his work; and in the Hereafter he will be among the losers."

Al-Muhsanah (referred to in this Verse) is the free, chaste woman, according to the most correct opinion of the scholars of Tafsir. Al-Hafiz Ibn Kathir may Allah have mercy on him- said, regarding the Tafsir of this Verse: "And His Words:
And Al-Muhsanat from among the believing women."

That is, Allah has made it permissible for you to marry free, chaste, believing women; and this was mentioned as an introduction to what comes after it, which is the Saying of Him, Most High:

"and Al-Muhsanat from those who were given the Scripture before your time."

It was said that what is meant is the free Muhsanat, as opposed to the slave women; this was reported by Ibn Jarir (At-Tabari) on the authority of Mujahid. Mujahid only said 'the free Muhsanat and it is possible that what he intended by it was what was reported from him, while it is also possible that what he meant by the free woman was the chaste woman, as in the other narration from him. That is the saying of the majority here. And it is more likely, so that it does not include in it the Thimmiyyah who, in spite of being free, is not chaste, but completely immoral, so that her husband receives what is described in the simile as dates of inferior quality and poor measure. It is apparent from the Verse that what is intended by Al-Muhsanat is the women who abstain from illegal sexual intercourse, as Allah, Most High says in the other Verse:
"they (the above said slave-girls) should be chaste, not committing illegal sex, nor taking boyfriends."

Then the commentators and the scholars differed regarding His Words:
"And do not marry Al-Mushrikat (idolatresses) till they believe (worship Allah Alone)

does this include every chaste, Jewish and Christian woman, whether she is a free woman or a slave, as reported by Ibn Jarir from a group of the Salaf, who explained Al-Muhsanah as meaning a chaste woman. And it was said that what is meant by the People of the Scripture here are the Jewish women; and this is the Mathhab of Imam Ash-Shafi'i. And it was said that what is meant is the Thimmiyyat not the women from among those who are at war with the Muslims, based upon the Words of Allah, Most High:
"Fight against those who (1) believe not in Allah, (2) nor in the Last Day.

And 'Abdullah bin 'Umar, may Allah be pleased with them, was of the opinion that it was not permissible to marry a Christian woman, saying: 'I do not know of any Shirk greater than to say: "Verily, my Lord is 'Isa" while Allah, Most High has said:

"And do not marry Al-Mushrikāt (idolatresses) till they believe (worship Allah Alone).

And Ibn Abi Hatim said: 'My father narrated to us: Muhammad bin Sulaiman Al-Mu'addib narrated to us: Al-Qasim bin Malik (that is, Al-Mazani) informed us: Isma'il bin Sami' narrated to us from Abu Malik Al-Ghifari: This Verse:
"And do not marry Al-Mushrikāt (idolatresses) till they believe (worship Allah Alone), was revealed, and so the people avoided them until the following Verse:

"and Al-Muhsanat from those who were given the Scripture before your time

- then the people married women from among the People of the Scripture. And a number of the Companions married Christian women, and they did not see any objection in that, based upon this noble Verse:
"and Al-Muhsanat from those who were given the Scripture before your time"

So they deemed that this Verse referred particularly to the Noble Verse [which is in Surah Al-Baqarah]:

"And do not marry Al-Mushrikat (idolatresses etc.) till they believe, "

if it was said that the Jewish and Christian women were included in its generality, and if not, then there is no contra- diction between the former and the latter, because the People of the Book have been mentioned separately from the polytheists in more than one place, as in the Words of Allah, Most High:

"Those who disbelieve from among the people of the Scripture (Jews and Christians) and Al-Mushrikün, were not going to (their disbelief) until there came to them clear evidence leave."

_and His Words:

"And say to those who were given the Scripture (Jews and Christians) and to those who are illiterates (Arab pagans): "Do you (also) submit yourselves (to Allah in Islam)?" If they do, they are rightly guided.

Thus ends the quote from Al-Hafiz Ibn Kathirmay Allah have mercy on him. regarding the meaning.

Abu Muhammad Muwaffaq Ad-Din 'Abdullah bin Ahmad bin Qudamah Al-Hanbali may Allah have mercy on him-said, in his book, Al-Mughni: "There is no difference of opinion - all praise and thanks be to Allah among the scholars regarding the permissibility of marrying free women from among the People of the Scripture. Those from whom this was reported include: 'Umar, 'Uthman, Talhah, Huthaifah, Salman, Jabir and others. Ibn Al-Munthir said: 'And it has not been authentically reported from anyone among the early generations that he forbade it.' And Al-Khallal reported via, with a chain of narration, that Huthaifah, Talhah, Al-Jarud bin Al-Ma'la and Uthainah Al-'Abdi married women from among the People of the Book and all of the scholars said this, though Al- Imamiyyah forbade it, clinging to the Words of Allah, Most High:

"And do not marry Al-Mushrikāt (idolatresses) till they believe (worship Allah Alone).

and His Words:
"Likewise hold not the disbelieving women as wives."

- and the Words of Him, Most High:
"Made lawful to you this day are At-Tayyibat [all kinds of Halal (lawful)"

-up to His Words:
"(Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage).

and the consensus of the Companions, may Allah be pleased with them. As for the Words of Him, Most Glorified:
"and do not marry Al-Musrhikat (idolatresses etc.)."

it is reported on the authority of Ibn 'Abbas, may Allah be pleased with them, that it was abrogated by the Verse which is in Surah Al-Ma'idah. Likewise, this (abrogation) should be in the other Verse, because they are both of earlier origin, while the Verse in Surah Al-Ma'idah was revealed after them. Others said that this is not abrogated, because the word Al-Mushrikun does not include in its general meaning encompass the People of the Scripture, the evidence for which is the Saying of Allah, Most Glorified:
"Those who disbelieve from among the people of the Scripture (Jews and Christians) and Al-Mushrikan, were not going to leave (their disbelief) until there came to them clear evidence.

and He says:
"Verily, those who dishelieve (in the religion of Islam, the Qur'an and Prophet Muhammad) from among the people of the Scripture (Jews and Christians) and Al Mushrikün.

and He says:
"Neither those who disbelieve among the people of the Scripture (Jews and Christians) nor Al-Mushrikün (the idolaters, polytheists, disbelievers in the Oneness of Allah, pagans) like that there should be sent down unto you any good from your Lord."

And the whole of the Qur'an distinguishes between them, which proves that the word: Al-Mushrikun in its generality does not include the People of the Scripture.

This is the meaning of the saying of Sa'id bin Jubair and Qatadah, and because that which they cite as evidence is general, regarding every disbelieving woman and our Verse is particular, regarding the permissibility of (marrying women from) the People of the Scripture. And that which is particular must be given precedence. If this is confirmed, then it is better. not to marry Jewish and Christian women, because 'Umar, may Allah be pleased with him, said to those who married women. from among the People of the Scripture: 'Divorce them!" And they divorced them, except Huthaifah, may Allah be pleased with him. So, "Umar, may Allah be pleased with him, said to him: 'Divorce her! He replied: 'Do you testify that she is forbidden?" He said: 'She is (like) wine. Divorce her!' He said: 'Do you testify that she is forbidden?' He replied: 'She is (like) wine. He said: 'I know that she is (like) wine, but she is permissible." Then later, he divorced her and it was said to him: 'Why did you not divorce her when 'Umar commanded you?" He replied: 'I disliked for the people to see that I obeyed a command which was not incumbent upon me." And possibly he loved her and so she tempted him, or perhaps they had a child, which inclined him towards her." Thus ends the quote from the words of the writer of Al-Mughni may Allah have mercy on him.

And the essence of what Al-Hafiz Ibn Kathir and the writer of Al-Mughni may Allah's Mercy be upon both of them have said, is that there is no contradiction between the Words of Allah, Most Glorified in Surah Al-Baqarah:
"And do not marry Al-Mushrikāt (idolatresses) till they believe (worship Allah Alone).

and the Words of Him, Most High in Surah Al-Ma'idah:
"Made lawful to you this day are At-Tayyibat [all kinds of Halal (lawful) foods, which Allah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage).

for two reasons: The first is that the word Al-Mushrikun does not, in general, include the People of the Book. Because Allah, Most Glorified distinguishes between them in many Verses, such as the Words of Him, the Almighty, the All-Powerful:
"Those who disbelieve from among the people of the Scripture (Jews and Christians) and Al-Mushrikun, were not going to leave (their disbelief)."

and the Words of Him, Most Glorified:
"Verily, those who disbelieve (in the religion of Islam, the Qur'an and Prophet Muhammad) from among the people of the Scripture (Jews and Christians) and Al-Mushrikün, will abide in the fire of Hell."

- and the Words of Him, the Almighty, the All-Powerful:
"Neither those who dishelieve among the people of the Scripture (Jews and Christians) nor Al-Mushrikin (the idolaters, poly- theists, disbelievers in the Oneness of Allah, pagans) like that there should be sent down unto you any good from your Lord."

and other Verses which distinguish between the People of the Scripture and the polytheists (Mushrikun). And for this reason, the Muhsanat from among the People of the Scripture are not included among the polytheist women whom it is forbidden to marry in Surah Al-Baqarah so there remains no conflict between the two Verses.

However, this view is open to question; it is more accurate to say that the People of the Book are always included among the Mushrikun, their men and their women, because they are disbelievers and polytheists without doubt, which is why they are forbidden to enter the Sacred Mosque, according to the Words of Him, the Almighty, the All-Powerful:
"O you who believe (in Allah's Oneness and in His Messenger Muhammad)! Verily, the Mushrikün (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah, and in the Message of Muhammad) are Najasun (impure). So let them not come near Al-Masjid Al-Haram (at Makkah) after this year."

And if the People of the Book were not included in the name "Al-Mushrikun" in general, this Verse would not include them; and when Allah, Most Glorified mentioned the beliefs of the Jews and Christians in Surah Bara'ah, He said after that:
"and (they also took as their Lord) Messiah, son of Maryam (Mary), while they (Jews and Christians) were commanded [in the Taurat (Torah) and the Injil (Gospel)] to worship none but One läh (God-Allah), La ilaha illa Huwa (none has the right to be worshipped but He). Glorified is He (far above is He) from having the partners they associate (with Him)."

So, He described all of them as polytheists, because the Jews said: "Uzair is the son of Allah" and the Christians said: "The Messiah is the son of Allah." and because all of them took their monks and their rabbis as lords beside Allah and all of this is the ugliest kind of Shirk and the Verses which carry the meaning are numerous.

The second reason is that the Verse in Surah Al-Ma'idah is particular (i.e., an explanation) for the Verse in Surah Al- Baqarah and the particular is given preference and takes precedence over the general, as is well known in the (study of) the fundamentals, and there is absolute agreement upon it. And this is the correct view. From this it is clear that the Muhsanat from among the People of the Book are permissible for the Muslims and are not included among the polytheist women (Al- Mushrikat) to whom marriage is forbidden, according to the majority of scholars; indeed they are almost unanimous, according to what we have mentioned from the words of the author of Al-Mughni.

But not marrying them and dispensing with them in favor of Muhsanat from among the believing women is better and preferable, based upon what was said by the Commander of the Faithful, 'Umar bin Al-Khattab, his son, 'Abdullah and a number of the righteous Salaf, may Allah be pleased with them. And because there is danger in marrying women from the People of the Scripture, especially in these times, in which ignorance of Islam has become the norm, and the number of righteous men with understanding of the religion has decreased, and predilection towards women and listening to them and displaying obedience to them in all things has increased except as Allah wills.

So, it is feared for the husband that his Jewish or Christian wife may draw him towards her religion and morals, as it is feared for their children. And Allah is the One from whom we ask for help.

If it was asked: Then what is the wisdom behind permitting marriage from the Muhsanat among the People of the Book for the Muslim men and the prohibition of marrying Muslim women for the men among the People of the Book? The answer to that and Allah knows best is to say that when the Muslims declared their belief in Allah and His Messengers, including Musa the son of "Imran, and 'Isa the son of Mary, peace be upon them, and what was revealed to them, including the Tawrah, revealed to Musa and the Injil, revealed to 'Isa when they had believed in all of this, Allah made the Muhsanat from among the women of the People of the Book permissible for them, as a Grace and Mercy from Him and of His complete Benevolence towards them.

When the People of the Book disbelieved in Muhammad and the Mighty Book which was revealed to him, that is, the Qur'an, Allah forbade for them the women of the Muslims, until such time as they believe in His Prophet and Messenger, Muhammad , the Last of the Prophets and Messengers. So if they believe in him, our women will be permissible for them, and they will have what we have, and what is incumbent upon us will be incumbent upon them.

And Allah, Most Glorified is the Most Just Arbitrator Who sees all of the affairs of His creatures, Who knows best what is rightThe Book of Marriage for them and Who is Wise in all things. Exalted, Hallowed and Far Above the saying of those who are astray, the disbelievers and all of the polytheists.

There is another wisdom, which is that the woman is weak and quick to submit to her husband. So, if it was made permissible for the Muslim woman to marry men from among the People of the Book, it would, in most cases, lead her to the religion of her husband. So, the Wisdom of Allah, Most Glorified requires that it be forbidden.