the slave woman, thus he is similar to one who lacks the means. Our evidence is the saying of Allah the Almighty: {And whoever among you cannot find the means to marry free believing women, then [he may marry] from those your right hands possess from among your believing slave girls} up to His saying: {That is for him among you who fears falling into sin}. Thus, He made the lack of the ability to afford the means a condition for marrying her, so it is not permissible given the ability, just like fasting is in the case of expiation for Zihar while being able to perform emancipation. Furthermore, in marrying a slave woman, there is the subjugation of his child [to slavery] while having no need for it, so it is not permissible, just as if he had a free woman under his care. Their analogy is incorrect, for the marriage of a fifth wife or a sister is only prohibited because of the gathering [of women in marriage], and the mere capacity to gather does not make one a gatherer. The underlying legal cause (illah) here is the lack of need to subjugate his child, and that is achieved by the ability to marry a free woman. As for one who finds the means but fears falling into sin, if that is because he can only find a free woman who is a minor, absent, or sick such that intercourse with her is impossible, or if he finds the wealth but cannot be married due to his inferior lineage, then it is lawful for him to marry a slave woman because he is unable to find a free woman who satisfies his chastity. If the free woman is tied to another, he is permitted to marry a slave woman. Ahmad explicitly stated this regarding the absent woman, and it is the manifest position of the Shafi'i school. Some of them said: It is not permissible, because the means exist. Our argument is that he is not capable of the means for a free woman who would satisfy his chastity, so he is similar to one who finds nothing at all. Do you not see that Allah the Almighty considered the wayfarer, who possesses wealth in his own land, as poor due to his lack of ability to reach it at the moment! If he has a free woman whom he is able to have intercourse with and thereby satisfy his chastity, he does not fear falling into sin.

Section: If he is able to marry a woman from the People of the Book who satisfies his chastity, [or the price of a slave woman], it is not lawful for him to marry