Note 66 — Chapter IV
Samuel Beal translation
Footnote 66:
(return)
According to this passage it is not lawful to marry a free woman that is already married, be she a Mohammedan or not, unless she be legally parted from her husband by divorce; but it is lawful to marry those who are slaves, or taken in war, after they shall have gone through the proper purifications, though their husbands be living. Yet, according to the decision of Abu Hanifah, it is not lawful to marry such whose husbands shall be taken, or in actual slavery with them.