He is merely maintaining it, and maintenance of a marriage differs from its initiation, as evidenced by the fact that the waiting period (idda), apostasy, and the sense of security against falling into sin prevent its initiation but not its maintenance.

Section: If he marries a free woman while married to a slave woman, it is valid. There are two reported opinions regarding the invalidation of the marriage to the slave woman: one is that it is not invalidated, which is the opinion of Sa'id ibn al-Musayyib, 'Ata', al-Shafi'i, and the scholars of opinion (Ahl al-Ra'y). A similar meaning was narrated from 'Ali, may Allah be pleased with him. The second report is that the marriage to the slave woman is annulled, which is the opinion of Ibn 'Abbas, Masruq, Ishaq, and al-Muzani. The reasoning for both reports is what was mentioned earlier at the beginning of the issue. Al-Nakha'i said: "If he has a child from the slave woman, he does not separate from her; otherwise, he does." This is not correct because that which is invalidating for the marriage in cases other than having a child also invalidates it in the case of having a child, like all other invalidating factors. Furthermore, the child he has from her is owned by her master, and his maintenance is his (the father's) responsibility. It has been argued in favor of the continuation of the marriage based on what was narrated from 'Ali, may Allah be pleased with him, that he said: "If he marries a free woman while married to a slave woman, he assigns two nights to the free woman and one night to the slave woman." Also, if it were invalidated by the marriage to the free woman, it would be invalidated by the ability to do so (to marry a free woman), for the ability to access the substitute is like using it, as evidenced by the case of water in relation to tayammum (using earth/dust).

1163 - Issue: He said: (And he is permitted to marry four slave women, if the two conditions are fulfilled in his case).

There is a difference of opinion narrated from Ahmad regarding the permissibility of more than one slave woman if she does not provide him with chastity. It is reported from him that he said: "If he fears falling into sin, he may marry four. If he cannot be patient, what else should he do?" This is the opinion of al-Zuhri and al-Harith al-'Ukli,