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Text and translation
English translation
1132. Abū Sa'eed Al-Khudrī narrated: "We got some captives on the day of Awtās, and they had husbands among their people. They mentioned that to the Messenger of Allāh ﷺ, so the following was revealed: And women who are already married, except those whom your right hands possess.[1] (Hasan)
(Abū 'Eisā said:) This Hadīth is Hasan.
This is how Ath-Thawrī reported it: "From 'Uthmān Al-Battī, from Abū Al-Khalīl, from Abū Sa'eed." Abū Al-Khalīl's name is Šālih bin
Abī Maryam. And Hammām reported this Ḥadīth from Qatādah, from Ṣāliḥ Abū Al-Khalīl, from Abū ‘Alqamah Al-Ḥāshimī, from Abū Sa‘eed, from the Prophet ﷺ. That was narrated to us by ‘Abd bin Ḥumaid (he said): “Ḥabbān bin Hilāl narrated to us (he said): Hammām narrated to us.”
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Footnotes
1
[1] An-Nisā' 4:24.
Commentary
This issue is agreed upon by all Four A‘immah; when a married woman becomes a prisoner of war without her husband, her contract of marriage with her husband ends, and her new master has the right to have sexual relations with her after the birth of a child if she is pregnant, or after waiting a while to confirm the status of her womb if she is not apparently pregnant.
