Under what conditions may a free man marry a Muslim slave woman?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
A free Muslim man is permitted to marry a Muslim slave woman if two conditions are met: the inability to afford a free woman ('adam al-tawl) and the fear of falling into sin ('awf al-'unut). This is the position of the general body of scholars, with no known disagreement. The basis is Allah's statement: "But whoever among you cannot afford [to marry] free, believing women, then [let them marry] those whom your right hands possess of your believing slave girls..." (Quran 4:25). However, restraining oneself and abstaining from marriage is better and preferred, based on the verse: "And that you exercise self-restraint is better for you" (Quran 4:25).
Supporting text
If the free man possesses the means ('tawl') or does not fear falling into sin, marriage to a slave woman is not permissible for a free man, according to the view held by Jabir, Ibn Abbas, 'Ata', Tawus, Al-Zuhri, 'Amr ibn Dinar, Mak'hul, Malik, Al-Shafi'i, and Ishaq. Mujahid, Abu Hanifa (unless he already has a free wife), Qatadah, and Al-Thawri hold that if he fears sin, marriage to a slave woman is permissible even if he has the means, as the permissibility is based on necessity to avert sin. If the man has means but cannot access a free woman who can satisfy him—such as if the only available free women are too young, absent, ill, or he lacks status for them—then he may marry a slave woman because he is incapable of finding a free woman who can preserve his chastity.