the marriage of a free woman, does he have the right to marry a slave woman? There are two reports regarding this. The first is that he may do so. This is the opinion of Malik and al-Shafi'i, because she is his equal, so the absence of a free woman is not stipulated as a condition for the validity of her marriage, just as it is for a free man with a free woman. Furthermore, if the absence of a free woman were stipulated as a condition, then the absence of the ability to obtain one would also be stipulated, as in the case of a free man.

The second report is that it is not permissible. This is the opinion of the scholars of opinion (Ahl al-Ra'y), because it is narrated from Sa'id ibn al-Musayyib that he said: "A free woman may be married on top of a slave woman, but a slave woman may not be married on top of a free woman." Also, because he is an owner of a free woman's private parts (bud'), he is not permitted to marry a slave woman, just like a free man. If he contracts the marriage for both of them simultaneously, it is valid for both, because it is permissible to contract the marriage with each of them individually, so it is permitted to combine them, just as in the case of two slave women.

Section: When a woman commits adultery, it is not lawful for one who knows of this to marry her except under two conditions. The first is the expiration of her waiting period (iddah). If she is pregnant from the adultery, the expiration of her waiting period is by delivery, and it is not lawful to marry her before her delivery. This is the opinion of Malik and Abu Yusuf, and it is one of the two reports from Abu Hanifah. In the other report, he said: "It is lawful to marry her, and it is valid." This is the school of al-Shafi'i, because it is an act of intercourse to which lineage is not attributed, so it does not render the marriage unlawful, just as if she were not pregnant. Our evidence is the saying of the Prophet (peace be upon him): "Whoever believes in Allah and the Last Day, let him not irrigate the crop of another with his water," meaning the intercourse of pregnant women. And the saying of the Prophet (peace be upon him): "A pregnant woman shall not be engaged in intercourse until she delivers." This is authentic and general in application. It is narrated from Sa'id ibn al-Musayyib that a man married a woman, and when he had relations with her, he found her to be pregnant. This was brought to the Prophet (peace be upon him), so he separated them, granted her the dowry, and whipped her one hundred times. It was narrated by Sa'id. And the Prophet (peace be upon him) saw...