the slave woman. This is the manifest position of the Shafi'i school, and they mentioned another view that it is permissible for him; because of the saying of Allah the Almighty: {And whoever among you cannot find the means to marry free believing women}. And this person is not capable of that. Our argument is the saying of Allah the Almighty: {That is for him among you who fears falling into sin}. And this person does not fear that. Furthermore, he is able to protect his child from slavery, so it is not permissible for him to subjugate him, just as if he were able to marry a believing woman.

Section: And whoever has a free woman under his care whom he is able to use to satisfy his chastity, it is not permissible for him to marry a slave woman. We know of no disagreement regarding this, and there is no difference between a woman of the People of the Book and a Muslim woman in that regard, for the reason we mentioned before.

Section: If he does not find the means, but he finds someone who will lend him that, it is not obligatory for him to accept it, because there is harm upon him in the debt remaining as a liability on him, and the creditor may demand payment from him at any time. Likewise, if the free woman agrees to postpone her dowry or to relinquish her claim to marital intimacy, it is not obligatory; because she has the right to demand its equivalent from him. Similarly, if someone offers to pay it on his behalf or grants it to him as a gift, it is not obligatory for him to accept it, due to the harm of the burden of obligation involved. In all of these cases, he is permitted to marry a slave woman. And if he finds no one to marry him except with more than the dowry of her peers (mahr al-mithl), and he is capable of paying it without being overburdened by it, it is not lawful for him to marry a slave woman. The companions of Al-Shafi'i said: He may do so, just as if one does not find water except at a price higher than the standard price, he is permitted to perform Tayammum (dry ablution). Our argument is the saying of Allah the Almighty: {And whoever among you cannot find the means to marry free believing women}. And this man is capable, and because he is able to marry a free woman with what does not harm him, it is not permissible for him to subjugate his child, just as if it were the dowry of her peers. We do not concede what they mentioned regarding Tayammum, and furthermore, this case is distinct from Tayammum in two respects: first, that Tayammum is a general concession, whereas this was permitted only due to necessity, and with the ability to marry a free woman, there is no necessity. Second, that Tayammum is recurring, so mandating...