And it is unlawful for a free Muslim man to marry a Muslim slave-woman, because such a union would result in his children being born into slavery. The only exception is when he fears falling into fornication and lacks the means either to pay the dower of a free woman or to purchase a slave. In that case he may marry a believing slave-woman, as Allah says, “If any of you cannot afford to marry chaste believing free women, then marry from among the believing young women whom your right hands possess … that is for those among you who fear falling into sin” (Q 4:25).

It is likewise forbidden for a male slave to marry his mistress by scholarly consensus, for her being his owner is incompatible with her being his wife; each status entails distinct legal consequences.

Similarly, a master may not marry his own slave-woman, because the bond of ownership is stronger than the bond of marriage, and a weaker contract cannot coexist with a stronger one.

Intercourse by right of ownership is governed by the same rulings that apply to intercourse within marriage regarding the prohibitions mentioned earlier. Thus, any woman with whom intercourse is forbidden through marriage—such as a woman observing her waiting period, a woman in ihram, or one who has been divorced three times—is likewise forbidden for intercourse through ownership. If the marriage contract is prohibited because it leads to intercourse, then the intercourse itself is, a fortiori, even more strictly prohibited.