a slave owned by another. What is prohibited is the reverse: a free man may not be married to a slave woman except under conditions that will come later, Allah willing. But marrying a free woman to a slave is permissible, and it is not a condition for the validity of the marriage that the husband be free.
There are two further qualities which he mentioned in al-Rawḍ (1):
The first is his statement, “a non-degrading occupation,” meaning an occupation that is not inherently demeaning to a person. Compatibility includes the condition that his occupation should not be one that people regard with contempt, such as a latrine cleaner, who cleans privies, or a refuse collector, who sweeps up and carries garbage. Such a man is not a suitable match for a chaste, respectable woman whose family is wealthy. Yet, if we were to marry her to a latrine cleaner, the marriage contract would be valid.
The second is his statement, “financial means commensurate with what she is entitled to.” Financial means here means wealth. It is not a condition that the husband be wealthy; thus, he may be married even if he is poor and she is wealthy.
In short, status—namely lineage—and freedom are not conditions for the validity of marriage, but they are conditions for its bindingness.
“If a father marries a chaste woman to an immoral man, or an Arab woman to a non-Arab, then the woman or any guardians who do not approve have the right to annul the marriage.”
Hence, he said: “If a father marries a chaste woman to an immoral man.” The immoral man here means the fornicator, since he is contrasted with a chaste woman. Thus, if the father marries a chaste woman to a fornicator, the marriage is valid according to the author’s view, because compatibility is not a condition of validity. But the correct view in this particular issue is that the marriage is invalid, because Allah says:
“An adulterer does not marry except an adulteress or an idolatress, and an adulteress—none marries her except an adulterer or an idolater. That has been forbidden to the believers.” [al-Nūr]
The meaning of this verse—which scholars have found problematic—is that if a fornicator marries a chaste woman, then either the wife knows the ruling, and knows that the fornicator’s marriage to her is unlawful,