the fifth wife during the waiting period of the fourth irrevocably divorced wife, and marriage to a Zoroastrian woman. This is the view of the majority of scholars, because the disagreement regarding the lawfulness of intercourse therein constitutes a doubt (shubha), and legal punishments (hudud) are warded off by doubts. Ibn al-Mundhir said: All the scholars whom we have memorized from are in agreement that legal punishments are warded off by doubts. (20)

Section: No legal punishment is mandatory for intercourse with a slave woman who is jointly owned by him and someone else. This is the view of Malik, al-Shafi'i, and the jurists of the school of opinion (Ashab al-Ra'y). Abu Thawr said: It is mandatory. Our argument is that it is a private part over which he has some ownership, so he is not subject to a legal punishment for having intercourse with her, just like a mukataba (slave woman with a contract of manumission) or a pledged slave woman.

Section: If he buys his mother, or his foster-sister, or those in a similar category, and has intercourse with them, the Qadi mentioned on behalf of our companions that he is subject to a legal punishment; because it is a private part that can never be made lawful, so the legal punishment becomes mandatory upon intercourse, like the private part of a young boy. (21) Some of our companions said: There is no legal punishment for it. This is the view of the jurists of the school of opinion and al-Shafi'i; because it is intercourse with a private part that he owns, and he possesses the right to offer compensation for it and to take its dowry, so a legal punishment does not become mandatory, just like intercourse with a jointly-owned slave woman. However, if he buys a mahram by lineage from among those who become free upon his ownership, and has intercourse with her, he is subject to a legal punishment. We know of no disagreement regarding this; because ownership is not established in her, so the doubt is not present.

Section: If a woman other than his wife is brought to him, and it is said: "This is your wife," [and he has intercourse with her believing she is his wife, there is no legal punishment upon him. We know of no disagreement regarding this. And if it is not said to him: "This is your wife,"] (22) or he finds a woman on his bed whom he thought was his wife or his slave woman, and he has intercourse with her, or he calls for his wife or his slave woman and another comes to him, and he assumes she is the one he called and has intercourse with her, or it becomes ambiguous to him due to his blindness, there is no legal punishment upon him. This is the view of al-Shafi'i. It is narrated from Abu Hanifa that he is subject to a legal punishment; because he had intercourse in a place over which he has no ownership. Our argument is that it is intercourse he believed to be lawful in a manner for which one is excused, so it resembles the case where it is said to him: "This is your wife." And because legal punishments are warded off by doubts, and this is among the greatest of them. As for if he calls