Section Four: That the dhimmi wife of a Muslim, if she transfers to a religion other than the religion of the People of the Book, is like an apostate. This is because the marriage of women from other than the People of the Book is not lawful. Therefore, if this occurs before consummation, the marriage is annulled immediately, and she is entitled to no mahr (dower) because the annulment is on her part. If it occurs after consummation, it is suspended until the conclusion of the iddah (waiting period) according to one of the two narrations, while the other holds that it is also annulled immediately.

1159- Issue: He said: (His slave woman who is a Person of the Book is lawful for him, unlike his Magian slave woman).

The discussion on this issue is in two sections:

One: That his slave woman who is a Person of the Book is lawful for him. This is the opinion of the generality of scholars, except for al-Hasan, for he considered it disliked, because the marriage of a slave woman who is a Person of the Book is forbidden, so having relations with her as a concubine is forbidden, just like the Magian. Our evidence is the saying of Allah the Almighty: {Except from their wives or those their right hands possess, for indeed, they are not to be blamed}. Also, she is among those whose free women are lawful to marry, so having relations with her as a concubine is lawful for him, just as with a Muslim woman. As for marrying her, it is forbidden because it involves the enslavement of his child and keeping them with an unbelieving woman, unlike having relations as a concubine.

Section Two: That whoever is forbidden to marry their free women—among the Magians and the rest of the unbelievers other than the People of the Book—it is not permitted to have intercourse with slave women among them via the right of possession, according to the opinion of the majority of scholars, among whom are: Murrah al-Hamadani, al-Zuhri, Sa'id ibn Jubayr, al-Awza'i, and al-Thawri.