Is it permissible for a man to marry a female slave (amah) if he is able to marry a free non-Muslim woman (Kitabiyyah)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
It is prohibited for a man to marry a female slave if he has the capacity to marry a free Kitabiyyah who can maintain chastity. This is the apparent position of the Shafi'i school. The evidence for this prohibition is the statement of Allah Almighty: "This is for he among you who fears falling into hardship (al-'unut)" (Quran 4:25). Since the man is able to marry the free Kitabiyyah, he is not considered to fear hardship in this regard. Furthermore, because he is able to secure the freedom of his offspring from servitude (رق), it is not permissible for him to enter into a marriage that could result in his child being born into slavery, just as if he were able to marry a Muslim woman.
Supporting text
An alternative view permits the marriage to the slave woman based on the interpretation of the verse, "And whoever among you cannot afford the means to marry believing chaste women..." (Quran 4:25), arguing that since he cannot afford the marriage to a free believing woman, he is included in the permission granted to those who cannot afford the means to marry believing women.