Is it permissible to marry free women from the People of the Book (Ahl al-Kitab)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
The marriage to free women among the People of the Book is permissible. This view is supported by figures such as Umar, Uthman, Talha, Hudhayfah, Salman, and Jabir, among others. Ibn al-Mundhir stated that there is no established report from the early scholars prohibiting this. Al-Khallal narrated reports that Hudhayfah, Talha, al-Jarud ibn al-Mu'alla, and Adhinah al-Abdi married women from the People of the Book. This is the position held by the majority of scholars. The evidence is found in the statement of Allah: "This day all good things have been made lawful for you," followed by "And [lawful to you are] chaste women who are believers and chaste women from those who were given the Scripture before you..." (Quran 5:5). The consensus of the Companions also supports this.
Supporting text
The Imamiyyah school prohibits this, relying on Quran 2:221 ("And do not marry polytheistic women until they believe") and Quran 60:10 ("Do not retain marriage bonds with disbelieving women"). However, it is reported from Ibn Abbas that these verses are abrogated by the verse in Surah Al-Ma'idah, and this applies similarly to the second verse due to the later revelation of the Al-Ma'idah verse. Another view asserts that abrogation does not occur because the term 'mushrikin' (polytheists) used generally does not encompass the People of the Book, as evidenced by Quranic verses that differentiate between them (e.g., Quran 98:1, 98:6, 5:82, 2:105). Furthermore, the specific ruling allowing marriage to the People of the Book must take precedence over the general prohibition against marrying polytheists. Despite the permissibility, it is preferred not to marry a woman from the People of the Book, based on Umar's instruction to those who married them to divorce them. Umar strongly advised Hudhayfah to divorce his wife, calling her a live coal ('jamra'), although Hudhayfah stated he knew it was a live coal but lawful to him; he eventually divorced her after Umar's insistence, explaining later he did so to prevent the public perception that he was engaging in something improper, and due to concerns over potential spiritual temptation or offspring.