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Hadith 34917
Yahya related to me from Malik from Ibn Shihab from Abu Abd ar-
Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl
three times and then bought her, she was not halal for him until she
had married another husband.
Muwatta Malik Book 28, Hadith 32
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Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "The slave girl is not married when there is a free
woman who is a wife unless the free woman wishes it. If the free woman
complies, she has two-thirds of the division of time."
Malik
said, "A free man must not marry a slave-girl when he can afford to
marry a free-woman, and he should not marry a slave-girl when he
cannot afford a free woman unless he fears fornication. That is
because Allah, may he be Blessed and Exalted, says in His Book, 'If
you are not affluent enough to marry believing women, who are
muhsanat, take slave-girls who are believing women that your right
hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who
fear al-anat.' "
Malik said, "Al-anat is fornication." Muwatta Malik Book 28, Hadith 31
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Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab and Sulayman ibn Yasar were asked whether, when a man
married a slave of his to a slave-girl and the slave divorced her
irrevocably, and then her master gave her to the slave, she was then
halal for the slave by the possession of the right hand. They said,
"No. She is not halal until she has married another husband." Muwatta Malik Book 28, Hadith 33