What is the maximum number of wives a slave may lawfully have simultaneously?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The scholars of knowledge are in consensus that a male slave (*'abd*) may marry two wives. Regarding permission for four wives, there is a difference of opinion. The established position of Ahmad, along with the view of Umar bin Al-Khattab, Ali, Abd al-Rahman bin Awf, and the Tabi'in such as 'Ata, Al-Hasan, Al-Sha'bi, Qatadah, Al-Thawri, Al-Shafi'i, and the People of Opinion, restricts the slave to two wives. Evidence supporting this restriction includes the consensus of the Companions, as narrated by Al-Hakam bin 'Utaibah, and the report of Umar questioning the Companions, where Abd al-Rahman bin Awf stated two wives and two divorces, which passed without objection. Furthermore, the verse permitting marriage refers to free men and those whom their right hands possess (Quran 4:3), suggesting a differentiation from the free man. Marriage concerning desire is analogous to food consumption where the slave equates the free man, but marriage involves ownership rights, which are lesser for the slave compared to the free man.
Supporting text
The opposing view, held by Al-Qasim bin Muhammad, Salim bin Abdullah, Tawus, Mujahid, Al-Zuhri, Rabi'ah, Malik, Abu Thawr, and Dawud, permits four wives based on the general applicability of the verse and the fact that the motivation is lust, thus equating the slave with the free man regarding desire, similar to food consumption.