1156 - Issue: He said: "The free women of the People of the Book and their slaughtered animals are lawful to the Muslims."
There is no difference of opinion among the scholars, praise be to God, regarding the lawfulness of the free women of the People of the Book. Among those from whom this is reported are Umar, Uthman, Talha, Hudhayfah, Salman, Jabir, and others. Ibn al-Mundhir said: "It is not authentically reported from any of the early generation that they prohibited this." Al-Khallal reported with his chain of narration that Hudhayfah, Talha, al-Jarud ibn al-Mu'alla, and Uthaynah al-'Abdi married women from the People of the Book. All other scholars of knowledge hold this view as well. The Imamiyyah, however, prohibited it, adhering to the words of the Almighty: "And do not marry the polytheistic women until they believe" [Quran 2:221], and "And do not hold to marriage bonds with disbelieving women" [Quran 60:10].
Our evidence is the word of the Almighty: "This day [all] good foods have been made lawful, and... the chaste women from among those who were given the Scripture before you, when you have given them their due compensation" [Quran 5:5], and the consensus of the Companions. As for His saying, the Exalted: "And do not marry polytheistic women," it is reported from Ibn Abbas that it was abrogated by the verse in Surah al-Ma'idah. The same should be considered regarding the other verse, for both are earlier, and the verse at the beginning of al-Ma'idah is later than them. Others have said: This is not abrogation, for the term "polytheists" (al-mushrikin) in its general usage does not include the People of the Book, by evidence of His saying...
(1) In [M]: "hala'il" (wives). (2) Extracted by Abd al-Razzaq, in: Chapter on the Marriage of the Women of the People of the Book, from the Book of the People of the Book, and from the Book of Marriage. Al-Musannaf 6/78, 79, 7/176, 177. And Ibn Abi Shaybah, in: Chapter on those who permitted the marriage of the women of the People of the Book, from the Book of Marriage. Al-Musannaf 4/158. And Sa'id ibn Mansur, in: Chapter on the Marriage of the Jewish and Christian women. Al-Sunan 1/193, 194. And al-Bayhaqi, in: Chapter on what has come regarding the prohibition of the wives of the people of shirk..., from the Book of Marriage. Al-Sunan al-Kubra 7/172. (3) Surah al-Baqarah 221. (4) Surah al-Mumtahanah 10. (5) Surah al-Ma'idah 5. (6) In the original, there is an addition: "muttafiqatan" (agreeing). (7) In [A], [B], and [M]: "akhir" (last). (8) In [A] and [M]: "lafz" (term). (9) In [M]: "bi-itlaq" (in absolute sense).