in affection and intercourse. If equality between them in intercourse is possible, it is better and more preferable, as it is more complete in justice. The Prophet (peace and blessings of Allah be upon him) used to divide his time among them and act justly, then he would say: "O Allah, this is my division regarding what I possess, so do not blame me for what You possess and I do not possess" (2). It was narrated that he used to treat them equally even in kissing (3). Equality is not obligatory between them in enjoyment through means other than the private parts, such as kissing, touching, and the like, because if equality is not obligatory between them in intercourse, it is even more so regarding the precursors to it.

1226 - Issue: He said: (And he divides one night for his slave wife, and two nights for the free wife, even if she is a Scripture-follower [Kitabiyyah].)

This is the opinion of Ali ibn Abi Talib, Sa'id ibn al-Musayyib, Masruq, al-Shafi'i, Ishaq, and Abu 'Ubayd. Abu 'Ubayd mentioned that it is the school of al-Thawri, al-Awza'i, and the People of Reason (Ahl al-Ra'y). Malik said, in one of two narrations from him: He should treat the free wife and the slave wife equally in division, because they are equal in the rights of marriage, such as maintenance (nafaqah), housing (sukna), and initial division, so it is the same here. Our position is what was narrated from Ali (may Allah be pleased with him) that he used to say: If he marries a free woman and has a slave wife, he divides one night for the slave wife and two nights for the free wife. It was narrated by al-Daraqutni (1), and Ahmad used it as evidence. Also, because a free woman must be handed over [to the husband] night and day, her share of domestic residence (iwa') is greater, and this differs from maintenance and housing, for that is measured by need, and her need for that is the same as the free woman's need. As for the initial division, it was only legislated so that the awkwardness (ihtisham) between each of them might vanish, and they do not differ in that. In our issue, he divides for both of them because their shares are equal.