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Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd
al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and
later asked him about her. He said, "I intended to give her to my son
to do such-and-such with her." Abd al-Malik said, "Marwan was more
scrupulous than you. He gave a slave-girl to his son, and then he
said, 'Do not go near her, for I have seen her leg uncovered .' "
Muwatta Malik Book 28, Hadith 41
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Yahya related to me from Malik from Yahya ibn Said that Abu
Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girl
of mine uncovered in the moonlight, and so I sat on her as a man sits
on a woman. She said that she was menstruating, so I stood up and have
not gone near her after that. Can I give her to my son to have
intercourse with?" Al-Qasim forbade that.
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Malik said, "It is not halal to marry a christian or jewish
slave-girl because Allah the Blessed, the Exalted, said in His Book,
'Believing women who are muhsanat and women of those who were given
the Book before you who are muhsanat', (sura 5 ayat 6) and they are
free women from the Christians and Jews. Allah, the Blessed, the
Exalted, said in His Book, 'If you are not affluent enough to marry
believing women who are muhsanat, take believing slave-girls whom your
right hands own.' " (Sura 4 ayat 24)