Is it permissible for a Muslim man, even a slave, to marry a female slave belonging to the People of the Book (Kitabiyyah)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
A Muslim man, even a slave, is not permitted to marry a female slave from the People of the Book. This is supported by the verse stating: "...and [also prohibited are] chaste women who are believers [i.e., free believing women] and those whom your right hands possess of your believing slave girls..." (Quran 4:25), which specifies believing slave girls. This position is the apparent view of the Madhhab of Ahmad, and it is the saying of Al-Hasan, Al-Zuhri, Mak'hul, Malik, Al-Shafi'i, Al-Thawri, Al-Awza'i, Al-Layth, and Ishaq. It is also narrated from Umar and Ibn Mas'ud. The justification is that while such a woman is lawful through ownership, marriage requires explicit faith as stipulated in the verse. Furthermore, unlike marrying a free Muslim woman, marrying a Kitabiyyah slave woman results in her offspring being enslaved to her Muslim owner, whereas the ownership of a Muslim woman by a non-Muslim is not recognized.
Supporting text
Abu Maysarah and Abu Hanifa permit a Muslim man to marry a female Kitabiyyah slave because she is lawful through slave ownership, so she should be lawful through marriage, similar to a free Muslim woman. A narration attributed to Ahmad seems to support this, but Al-Khallal refuted it, asserting Ahmad's definitive stance is prohibition because the explicit condition of belief (Iman) is missing in the verse (Quran 4:25).