If a slave man marries a free woman, can he then marry a female slave?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
There are two narrations regarding whether a slave man who marries a free woman may subsequently marry a female slave. The first opinion, held by Malik and Al-Shafi'i, permits this because the female slave is considered his equal, and the absence of a free woman should not be stipulated for the validity of marrying a slave, analogous to the free man marrying a free woman. Additionally, if the absence of a free woman were required, the inability to marry one should also be required, as it is for a free man.
Supporting text
The second opinion, held by the Ashab al-Ra'y (Hanafi school), prohibits this. This is based on a narration from Sa'id ibn al-Musayyib stating that a free woman may marry over a female slave, but a female slave may not marry over a free woman. Furthermore, because the slave is a master of the private part of a free woman, it is not permissible for him to marry a female slave, similar to the ruling for a free man.