Chapter: A Free Man Marrying a Slave Woman Instead of a Free Woman, and a Free Woman Instead of a Slave Woman, and His Marriage to a Muslim Slave Woman When He Can Afford a Free Wife
A free Muslim man may under no circumstances marry a slave woman who is not Muslim. Nor may he marry a Muslim slave woman unless two conditions are met: he lacks the financial means (ṭawl) to marry a free woman and he fears falling into sexual sin—that is, fornication. When both conditions apply, he is allowed to marry only one such slave woman.
If he is unable to afford a free wife but does not fear fornication, it remains unlawful for him to marry a slave woman. Likewise, if he can afford a free wife and does not fear fornication, marrying a slave woman is impermissible; the same ruling holds whenever the fear of fornication is absent, regardless of his financial situation.