on disapproval of marriage. As for declaring it forbidden, no one is known to have held that position.
Indeed, scholars have disagreed over the permissibility of marrying a slave woman from the People of the Book. Abū Hanīfa and his followers permitted it, while Mālik, al-Shāfi‘ī, al-Layth, and al-Awzā‘ī prohibited it. Two positions are reported from Ahmad, the better-known of which agrees with the latter view. For Allah, glorified is He, permitted marriage only to free women in the verse in which He, Most High, says:
“And free women from among the believers and free women from among those who were given the Scripture before you.”
He thus permitted the free women among them. In the verse concerning slave women, He says:
“And whoever among you cannot afford to marry free believing women may marry believing slave women whom your right hands possess. Allah knows best your faith; you are of one another.”
Thus, He permitted only believing women. This is not the place to discuss this issue at length.
As for the Zoroastrian slave woman, the discussion concerning her rests on two principles. The first is that marriage to Zoroastrian women is impermissible, just as marriage to idolatrous women is impermissible. This is the position of the four imams. Imam Ahmad reported this position from five of the Companions concerning the animals slaughtered by Zoroastrians and their women, and regarded dissent on this matter as akin to the dissent of the people of innovation.
The second principle is that women whom it is impermissible to marry, such as idolatrous women, are also impermissible to have intercourse with by right of ownership. This is the position of Mālik, al-Shāfi‘ī, Ahmad, and others. It is related from Abū Thawr that he said: Intercourse with slave women by right of ownership is permissible, whatever their religion.