deficiencies: the deficiency of disbelief and the deficiency of ownership. When they combine, they prevent [the marriage], just as the Magian (Zoroastrian) woman—when the deficiency of disbelief and the lack of a scripture combined in her, her marriage was not permitted. There is no difference between a free man and a slave regarding the prohibition of marrying her, due to the generality of the evidence we have mentioned, and because that which is prohibited for a free man to marry due to her religion is [also] prohibited for a slave, just like the Magian woman.

1161 - Issue: He said: (And it is not [permitted] for a free Muslim man to marry a Muslim slave woman, unless he cannot find the means to marry a free Muslim woman and fears falling into sin.)

The discussion on this issue covers two points. The first is that it is lawful for him to marry a Muslim slave woman if two conditions are met: the lack of means and the fear of falling into sin. This is the view of the generality of scholars, and we do not know of any disagreement among them regarding it. The basis for this is the saying of Allah the Almighty: {And whoever cannot find the means among you...} the verse. Exercising patience regarding that is better and more virtuous, due to the saying of Allah the Almighty: {And that you are patient is better for you}. The second is that if the two conditions, or one of them, are missing, it is not lawful for a free man to marry her. This was reported from Jabir and Ibn 'Abbas, and it is the view of 'Ata', Tawus, al-Zuhri, 'Amr ibn Dinar, Makhul, Malik, al-Shafi'i, and Ishaq. Mujahid said: Among what Allah has made vast for this Ummah is the marriage of a slave woman, even if one is wealthy. Abu Hanifah held this same view, unless he already has a free wife, because the ability to marry does not prevent marriage, just as the existence of a marriage prevents it, like marrying a sister or a fifth wife. Qatadah and al-Thawri said: If he fears falling into sin, it is lawful for him to marry a slave woman, even if he finds the means, because her permissibility is due to the necessity of fearing sin, and this has been found, and it can only be repelled through marriage.