Can a fornicating female slave be married after the two conditions (end of Iddah and repentance) are met?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
If the two conditions are met, her marriage becomes permissible for the one who committed Zina with her and for others, according to the majority of scholars, including Abu Bakr, 'Umar and his son, Ibn 'Abbas, Jabir, Sa'id ibn al-Musayyib, Tawus, Jabir ibn Zayd, 'Ata', Al-Hasan, 'Ikrimah, Al-Zuhri, Al-Thawri, Al-Shafi'i, Ibn al-Mundhir, and the Ashab al-Ra'y. Marriage is permissible because Allah has permitted what is beyond those mentioned categories, saying: 'And lawful to you are all those beyond these...' (Quran 4:24). Furthermore, since she is lawful for others who did not commit Zina with her, she becomes lawful for him as well, similar to other women.
Supporting text
It is narrated from Ibn Mas'ud, Al-Bara' ibn 'Azib, and 'A'ishah that she is never permissible for the one who committed Zina, arguing they remain adulterers as long as they are together, based on the general meaning of the verse and the hadith. However, it is likely they intended this ruling to apply before repentance or purification, aligning with the majority view. The absolute prohibition is incorrect based on the Quranic verse mentioned above.