4-23 Forbidden to you are your mothers, and your daughters, and your sisters, and your paternal aunts, and your maternal aunts, and brother’s daughters and sister’s daughters, and your mothers that have suckled you, and your foster-sisters, and mothers of your wives, and your stepdaughters who are in your guardianship (born) of your wives to whom you have gone in — but if you have not gone in to them, there is no blame on you — and the wives of your sons who are of your own loins;a and that you should have two sisters together, except what has already passed. Surely Allah is ever Forgiving, Merciful,
حُرِّمَتۡ عَلَيۡڪُمۡ أُمَّهَـٰتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَٲتُڪُمۡ وَعَمَّـٰتُكُمۡ وَخَـٰلَـٰتُكُمۡ وَبَنَاتُ ٱلۡأَخِ وَبَنَاتُ ٱلۡأُخۡتِ وَأُمَّهَـٰتُڪُمُ ٱلَّـٰتِىٓ أَرۡضَعۡنَكُمۡ وَأَخَوَٲتُڪُم مِّنَ ٱلرَّضَـٰعَةِ وَأُمَّهَـٰتُ نِسَآٮِٕكُمۡ وَرَبَـٰٓٮِٕبُڪُمُ ٱلَّـٰتِى فِى حُجُورِڪُم مِّن نِّسَآٮِٕكُمُ ٱلَّـٰتِى دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواْ دَخَلۡتُم بِهِنَّ فَلَا جُنَاحَ عَلَيۡڪُمۡ وَحَلَـٰٓٮِٕلُ أَبۡنَآٮِٕڪُمُ ٱلَّذِينَ مِنۡ أَصۡلَـٰبِڪُمۡ وَأَن تَجۡمَعُواْ بَيۡنَ ٱلۡأُخۡتَيۡنِ إِلَّا مَا قَدۡ سَلَفَۗ إِنَّ ٱللَّهَ كَانَ غَفُورً۬ا رَّحِيمً۬ا (٢٣)
4-23a: أُمَّهَـٰت – It is the plural of اُم and includes the birth mother, and mothers who gave birth to those who gave birth to the birth mother and father, that is the paternal and maternal grandmothers.
بَنَات – It is the plural of بِنت which means sister and includes full sister and half-sister whether from the father or mother’s side.
عَمَّـٰت – It is the plural of عمَّةٌ and عمّ is the brother of the father and عمَّةٌ is the sister of the father. Similarly, the sister of the paternal grandfather and the sister of the maternal grandfather is also called عمَّةٌ .
خَـٰلَـٰت – It is the plural of خَالَةٌ which means mother’s sister but can also be the maternal grandmother’s sister or paternal grandmother’s sister.
رَبَـٰٓٮِٕبُڪُمُ – ربائب is the plural of رَبِیبة . It is of the measure فعیل in the meaning of an object, that is, مَرۡبوبة or a girl that you have raised. The word ربیب or رَبِیبة is specific to children who are from a previous husband and the second husband is the one rearing them or from a previous wife and the second wife is rearing them (R).
حُجُورِ – It is the plural of حِجۡر and it means coming into guardianship because the literal meaning of حِجۡر is منع (to stop) which is taken from the hardness of stone and حِجۡر حفاظت or rearing is so called because the person who takes up the guardianship of a child stops other from tampering with the property and other affairs of his ward.
Fourteen prohibited relationships for marriage: Marriage with thirteen relationships given in this verse is prohibited. When combined with the one relationship prohibited in the previous verse, there are a total of fourteen relationships that are proscribed for marriage. In the next verse, there is a general rule of prohibition but the real prohibited relationships for marriage remain fourteen. Seven of these prohibited relationships are because of blood ties and the seven others for different reasons. The seven prohibited relationship because of blood ties fall into two categories, one based upon birth which include mothers and daughters, and the second category is based on brotherhood which include five relationships, real sister, father’s sister, mother’s sister, brother’s daughter and sister’s daughter.
The seven prohibited relationships based on other causes are as follows: wet nurses, milk sisters, mother-in laws, step daughters provided marriage with their mothers is consummated and provided they are being reared by their step father, (according to some this later proviso does not apply but is just a description of a normal condition), daughters-in-law, father’s wives (mentioned in previous verse) and wife’s sister if the wife is alive. The Quran has set up rules for every issue and this bears testimony to Quran’s claim to be the perfect shariah. Other nations too prescribe certain relationships which are out of bound for marriage. For example, there is no nation in which there is a custom of marrying the mother, daughter, or sister but their scriptures do not delve into this except that there is some mention of it in the Torah for which see Leviticus chapter 18, verses 6-18.
Relationships borne out of suckling: Out of the prohibited relationships given above, the mention of milk mothers and milk sisters is given without explanation, and there is no mention of the other relationships created out of suckling. However, it is stated in an authentic hadith: یحرم من الرضاعة ما یحرم من النسب , that is what is prohibited with blood relations is also prohibited with milk relations. Quran is a comprehensive document and the prohibited relationships because of blood ties is divided into two categories – prohibited by virtue of birth and prohibited by virtue of brotherhood. Hence, when the mention of prohibition of milk relations came up, the Quran, with great eloquence, mentions the prohibition by birth as the wet nurse is like a mother and her daughter is likewise included in the relationship by birth. The prohibition through brotherhood is essentially a prohibition of some sister relationships (which include sister of father, sister of mother, daughter of brother, daughter of sister) and hence the Quran only mentions the milk sister and leaves out the other details. This shows the great wisdom of the Book in not using any extra words. It also exhibits the way in which the Holy Prophet’s mind was illuminated by Divine guidance that he was able to grasp the real purport of the verse and issued the edict: یحرم من الرضاعة ما یحرم من النسب . Similarly, the prohibition to have two sisters as wives at the same time has been extended by the hadith and it prohibits two wives of a person at the same time where the two wives have a relationship with each other of a paternal aunt (father’s sister) and niece (brother’s daughter), and also a maternal aunt (mother’s sister) and niece (sister’s daughter). The reason for this is apparent that the real relationship here is of brotherhood. Thus, it is prohibited to join with a woman her father’s sister, or mother’s sister as wives.
In respect of relationships created by wet nursing, it should be remembered that the nursing should be of a baby less than two years old as is clear from the verse: يُرۡضِعۡنَ أَوۡلَـٰدَهُنَّ حَوۡلَيۡنِ كَامِلَيۡنِ (shall suckle their children for two whole years) (2:233). In another hadith, it is stated: الرضاعة من المجاعة , that is the wet nursing that creates prohibition has to be the feeding the baby when the baby is hungry. If the baby suckles once or twice, it is not sufficient.
4-24 And all married women except those whom your right hands possess (are forbidden);a (this is) Allah’s ordinance to you. And lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage, not committing fornication.b Then as to those whom you profit (by marrying), give them their dowries as appointed. And there is no blame on you about what you mutually agree after what is appointed (of dowry). Surely Allah is ever Knowing, Wise.c
وَٱلۡمُحۡصَنَـٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتۡ أَيۡمَـٰنُڪُمۡۖ كِتَـٰبَ ٱللَّهِ عَلَيۡكُمۡۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٲلِڪُمۡ أَن تَبۡتَغُواْ بِأَمۡوَٲلِكُم مُّحۡصِنِينَ غَيۡرَ مُسَـٰفِحِينَۚ فَمَا ٱسۡتَمۡتَعۡتُم بِهِۦ مِنۡہُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً۬ۚ وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا تَرَٲضَيۡتُم بِهِۦ مِنۢ بَعۡدِ ٱلۡفَرِيضَةِۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمً۬ا (٢٤)
4-24a: ٱلۡمُحۡصَنَـٰتُ – It is the plural of مُحۡصَنَة which is derived from حِصۡن whose literal meaning is a fortress, and whose plural is حُصُون as in: مَّانِعَتُهُمۡ حُصُونُہُم مِّنَ ٱللَّهِ (they thought their fortress will defend them against Allah) (59:2). Derived from this is تَحَصَّنَ which means made the fortress his abode. Transgressing from this, this word is spoken for every kind of تَحُّرد (fortification or safeguarding) as in درع حَصِیۡنة زرہ (safeguards her body), فرَسَ حَصَانٌ (the horse that saves its rider), and in a verse of Quran there is: إِلَّا قَلِيلاً۬ مِّمَّا تُحۡصِنُونَ (a little of what you have preserved) (12:48), that is to safeguard it in a secure place. Further, the meaning of امرأۃ حَصَانٌ means chaste and ذو حُرمة (virtuous and respectable) woman. The meaning of اِحۡصان is to marry, as in: فَإِذَآ أُحۡصِنَّ (when they are taken in marriage) (4:25). And a حَصَان (chaste woman) is called محۡصَنَةٌ whether she is protected by way of chastity, or by marriage or by way of her high status and freedom (R). A woman is محۡصَنَةٌ because of being a Muslim, or because of her virtuosity, or because of being a free woman or because she is married (LA). This word has been used in the Quran in all four of its senses. So, by مُحۡصَنَـٰتُ is meant Muslim women, or virtuous women, or free women or married women.
The command regarding ملک یمین (those whom your right hand possess): Commentators have explained this verse in four ways: If by مُحۡصَنَـٰتُ is meant women with husbands then there are two scenarios under it, one is to take مَا مَلَكَتۡ أَيۡمَـٰنُڪُمۡ as women who are captured in battle and become مَا مَلَكَتۡ أَيۡمَـٰنُڪُمۡ and second that by ملک یمین is meant possession through marriage. So, in the first scenario the meaning would be that it is prohibited to marry women who have husbands except those women who come into one’s possession in a battle. The meaning in the second scenario would be that women with husbands are prohibited except those that come in your possession through marriage after they have been separated from their husbands۔ Unless there has been a separation from the previous husband, the woman cannot be married. Second, if by مُحۡصَنَـٰتُ is meant free women. In this case too, there are two interpretations. The first interpretation is that by مَا مَلَكَتۡ أَيۡمَـٰنُڪُمۡ is meant the maximum permissible number of wives that Allah has prescribed, namely four. The second interpretation is that by مَا مَلَكَتۡ أَيۡمَـٰنُڪُمۡ is meant those women who have come into a person’s possession legally with the permission of their guardian and in the presence of witnesses and with other conditions. Under these two interpretations, the practical import is that more than four free women are prohibited or that free women are prohibited except those that you legally marry.
The last three of the four explanations are unobjectionable, and even the first one after some deliberation is understandable. According to this explanation, marriage with all married women, regardless of what religion or nation they belong to is prohibited. Thus, the validity of marriage under other religions is recognized and it has been mandated that marriage of a Muslim with a married woman regardless of what religion or nation she belong to is prohibited except under one condition that such a married woman becomes a prisoner of war, then it is permissible to marry her. There is no admission anywhere in this verse that a relationship between a man and woman outside of marriage is permissible. There is only a permission to marry a slave-girl and such a marriage is under a different set of conditions, some special conditions of which are mentioned in verse 4:25 while other general conditions are mentioned elsewhere in the Quran, for example that marriage with a polytheist woman is not allowed etcetera.
There can also be another meaning of these words, namely that all married women are prohibited except those married women whom your right hand possess, that is those you have married. In this interpretation, إِلَّا sets up a conditional exception. The meaning would then be marriage with all married women is prohibited but those women that you have married are not prohibited to you. The meaning of ملک یمین (right hand possesses) as ملک نکاح (possession through marriage) has not only been considered as valid by commentators but the dictionary meanings also validate it because one of the meanings of یمین is a covenant and marriage is a covenant.
4-24b: كِتَـٰبَ ٱللَّهِ عَلَيۡكُمۡۚ – كِتَـٰبَ here is a verbal noun that stresses and emphasizes and the purport is that this is mandated and necessary.
مَّا وَرَآءَ ذَٲلِڪُمۡ – Besides these, it is permissible to marry other women, but under certain conditions the marriage may not be valid and these conditions are given in other verses. For example, a woman divorced three times, لَا تَحِلُّ لَهُ ۥ مِنۢ بَعۡدُ حَتَّىٰ تَنكِحَ زَوۡجًا غَيۡرَهُ (if he divorces her (the third time) she shall not be lawful to him afterwards until she marries another husband) (2:230) or with a polytheist woman, and وَلَا تَنكِحُواْ ٱلۡمُشۡرِكَـٰتِ (And marry not the idolatress) (2:221) or a fifth wife when there are already four or remarriage with a woman that has been cursed by the husband in an accusation of adultery (24:6-9) and about which the Holy Prophet said: لا یجتمعان ابدا .
مُسَـٰفِحِينَ – سفح means to make blood or water to flow, and سِفاح or مُسافحة is for a woman to be with a man in an illicit manner without being properly married because the purpose is to fornicate without any rights or responsibilities accruing to either.
More clarity is given here to the subject of the last verse. The women prohibited for marriage are detailed. Relationship with women who are permitted for marriage is to be only based on nikah and giving them dowry. Living with women sinfully without nikah is prohibited. It is sufficient just to mandate the requirement of marriage but the words غَيۡرَ مُسَـٰفِحِينَ have been especially added to dispel the notion that is currently gaining popularity with the new civilization that since marriage entails many constraints, it is alright for a man and a woman to live together in a partnership without marriage much like animals in the natural state who also form pairs.
4-24c: ٱسۡتَمۡتَعۡتُم – Its root is متع and مَتَاع is earning a profit that will last a long period (R) as in: وَمَتَّعۡنَـٰهُمۡ إِلَىٰ حِينٍ۬ (and We gave them provision for a while) (10:98) and نُمَتِّعُهُمۡ قَلِيلاً۬ (We give them to enjoy a little) (31:24) and سَنُمَتِّعُهُمۡ ثُمَّ يَمَسُّهُم مِّنَّا عَذَابٌ أَلِيمٌ۬ (We afford provisions, than a painful punishment from Us afflicts them) (11:48). ٱسۡتَمۡتَعۡ means to seek pleasure or enjoyment (تمُتع ) that is to derive a benefit for an extended period, as in: رَبَّنَا ٱسۡتَمۡتَعَ بَعۡضُنَا بِبَعۡضٍ۬ (Our Lord, some of us profited by others) (6:128) and فَٱسۡتَمۡتَعُواْ بِخَلَـٰقِهِمۡ فَٱسۡتَمۡتَعۡتُم بِخَلَـٰقِكُمۡ ڪَمَا ٱسۡتَمۡتَعَ ٱلَّذِينَ مِن قَبۡلِكُم بِخَلَـٰقِهِمۡ (So they enjoyed their portion; thus have you enjoyed your portion as those before you enjoyed their portion) (9:69). A saying in common language is: ٱسۡتَمۡتَعۡ الرجل بولدہ (The man benefited from his son). So, the meaning of ٱسۡتَمۡتَعۡ is only to get benefit and does not mean an adulterous relationship. مُتعة however is defined as: التمتُّع بالمرأۃ لا تریدا دَامتھا لِنَفۡسِك (Taking benefit from a woman that you do not want to keep permanently) (LA), or as Imam Raghib has written: ان الرجل کان یُشارطُ المرأۃَ بمالٍ معلُومٍ یُعطیھا الیٰ اَجَلٍ معلومٍ فَاِذا انقضی الاجَلُ فَارَتھا مِنۡ غیر طلاقٍ that is, a man made a contract with a woman that he will give her a settled amount of money and will seek benefit from her for a fixed term, and when that term expires he will leave her without a divorce.
أُجُور – It is the plural of اَجۡر which is the requital for one’s actions, but the word is also used to mean the dowry of a woman.
The difference between ٱسۡتَمۡتَعۡ and مُتعه : In the interpretation of these words, the shia community has been grossly mistaken in that they have justified مُتعه or temporary marriage from the word ٱسۡتَمۡتَعۡ although ٱسۡتَمۡتَعۡ is general while مُتعه is used in a very specific meaning as shown above using the thesaurus for reference. People mutually benefitting from each other like the capitalists and labor or father and son is ٱسۡتَمۡتَعۡ and to take its meaning as temporary marriage is a gross misinterpretation. A statement by Zajjaj in Lisan al-Arab states that in the interpretation of this verse a community has been gravely mistaken as a result of their ignorance of the thesaurus.
Another question that can arise is that even though the mention of temporary marriage may not be the object here but can the meaning of مُتعه not be included in: فَمَا ٱسۡتَمۡتَعۡتُم بِهِۦ مِنۡہُنَّ (Then as to those whom you profit by)? The argument is that the meaning of ٱسۡتَمۡتَعۡ is seeking a profit and there is a seeking of profit in temporary marriage as well. A reflection on the words of the Quran shows that the Quran has imposed a condition on men that they should spend their money on women in a manner to bring them into their wedlock. Once the wedlock takes place, the only Quranic way in which the union can be severed is through divorce. So, فَمَا ٱسۡتَمۡتَعۡتُم بِهِۦ مِنۡہُنَّ which has been imposed as a result can only be for the state of marriage.
Marriage and licentiousness: Quran has compared احصان or marriage against مسافحت or licentiousness as in محصنین غیر مسافحین (taking them in marriage, not fornicating) (5:5). What is not احصان is مسافحت. Hence مُتعه must be put in one of these two categories. The commonality between احصان and مسافحت is that there is a sexual relationship between a man and a woman. The distinction between the two is that in احصان the relationship is for life but not so in مسافحت . In احصان the woman has some rights against the man, for example if a spouse dies while married, the other spouse has a right in the inheritance. This right does not exist in مسافحت . In احصان , the husband is responsible for nourishment of the children but not in مسافحت. So, only such an arrangement can be included in احصان which has its essential features. There is a sexual relationship between a man and woman in مُتعه and this is its commonality with مسافحت but it does not have the essential features of احصان. There is neither a life long commitment in مُتعه nor any inheritance rights accrue to the surviving partner if the other partner dies during مُتعه . Further, the man is not responsible for the nourishment of any offspring that may result from the temporary marriage. Therefore, clearly مُتعه is an aspect of مسافحت and not a part of احصان . If it is argued that an announcement is made in مُتعه then there is a kind of announcement in مسافحت as well because the meaning of مسافحت is for a man and woman to start living together openly. This is the reason, why the Quran has mentioned taking paramours in secret separately from مسافحت: مُحۡصِنِينَ غَيۡرَ مُسَـٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخۡدَانٍ۬ (not fornicating nor taking them for paramours in secret) (5:5). There is also a rebuttal for those who consider the need for marriage to be only for the purpose of fulfilling sexual desires. Quran has elevated marriage so much higher than mere sexual relations that it has prohibited fornication and, in this way, has conveyed that marriage is not just to satisfy the physical desires of men and women but its purpose is to create some duties and responsibilities which is the foundation of the culture and social fabric of a society. Further see 4-25 for the explanation of اخدان .
Prohibition of temporary marriage ( مُتعه) in Hadith: It is true that the custom of temporary marriage prevailed in Arabia at the advent of Islam. If the Holy Prophet gave permission for temporary marriage before the revelation of the Quranic command, then that is a different matter. Apart from this, if there are traditions in which permission is given for temporary marriage, there are also traditions in which temporary marriage is prohibited. Traditions in which permission is granted for temporary marriage predate the Quranic command, but once the command was revealed, the later traditions mention its prohibition. Accordingly, there is a narration in Sahih Muslim from Sabra bin Mabad which he heard from his father: ان اباہ غزا مع رسول اللّهاصلی اللّه علیه و صلم یوم فتح مکه فقال یایھا الناس انی کنت اذنت لکم فی الاستمتاع من النساء و ان اللّه قد حرم اللّه ذٰلك الی یوم القیامة فمن کان عندہ منھن شئ فلیخل سبیلھا (My father fought in the company of the Holy Prophet on the day of the conquest of Makkah and the Holy Prophet said: O People! I had given you permission to contract temporary marriage with women and Allah has prohibited it till the Day of Judgment; so if any person has such a woman with him, he should give her freedom). The other narration in Bukhari and Muslim is of Caliph Ali who stated that the Holy Prophet prohibited temporary marriage with women on the day of the conquest of Khyber, and the eating of the meat of domestic donkeys. The third narration is from the time of the administration of Caliph Umar which is reported in Ibn Maja. This incident is reported through an authentic chain. Caliph Umar in his address said: فقال ان رسول اللّهاصلی اللّه علیه و صلم اذن لنا فی المُتعة ثلاثم حرمھا و اللّه لا اعلم احدا یتمتعُ و ھو محصن الا رجمته (The Messenger of Allah, may the peace and blessings of Allah be upon him, gave us permission thrice to contract temporary marriages and then prohibited them. If I learn about anybody that he is married and has contracted temporary marriage, then I will stone him). If this statement had been incorrect, the companions would have opposed it, but no one objected to it. This shows that the Companions were fully in agreement that the Holy Prophet had prohibited temporary marriages. It is also worth remembering that the Holy Prophet never gave a general permission for temporary marriage but only permitted it twice during a period of conflict in a period of dire necessity but afterwards revoked the permission. Even if the tradition of temporary marriage is accepted, its prevalence as a general custom as is found in the Shia sect is not substantiated.
When was temporary marriage prohibited: The question that arises is a historical one of when temporary marriages were prohibited. In the narration of Caliph Ali reported above, it was on the day of the conquest of Khyber, and in the narration by Sabra it was during the conquest of Makkah. There is no need for us to decide between these. If this verse was revealed on the day of Khyber then it must have been prohibited on that day and if the verse was revealed at the time of the conquest of Makkah, it must have been prohibited on that day. If the prohibition dates from the day of Khyber, then there is a contradiction because permission for temporary marriage was giveن in the battle of Awtas which took place in the same year as the conquest of Makkah. It is possible that a narrator of this hadith from Ali in the chain of narration reported incorrectly. It is also possible as Ibn Qayyim has opined that a mistake has been made in the Bukhari and Muslim narration attributed to Caliph Ali, and the words day of Khyber may have gotten joined with temporary marriage with women instead of اکل لحوم حمر (prohibition of eating donkey meat). Support for this is found from many occurrences in this period, as Iman Qayyim has stated. First, the narration from Imam Ahmad which is attributed to Saffan bin Abinah ان رسول الله صلى الله عليه و سلم حرم لحوم الحمر يوم خيبر و حرم متعة النساء (The Messenger of Allah, may the peace and blessings of Allah be on him, prohibited the meat of donkeys and prohibited temporary marriage with women). So, the word Khyber was for the prohibition of the meat of donkeys, some narrator mistakenly connected it with the prohibition of temporary marriage. This is further supported by the fact that no question about temporary marriage was poised on the day of Khyber. Caliph Ali joined these two disparate things not because their prohibition took place on the same day but because Ibn Abbas adopted the opposite viewpoint about these two issues. Therefore Caliph Ali mentioned them together even though the prohibitions were separated by time.
Opinion of Ibn Abbas about temporary marriage: As regards Ibn Abbas’ contention that temporary marriage is allowed, he has himself explained his opinion in the following words: قلت انما تحل للمضطر کما تحل المیتة و یلدم و لحم الخنزیر له (I had said that it is permissible for a person who has dire necessity. In the same way that eating a dead animal, blood and pork is permissible. Considering something permissible in dire necessity is not the same thing as a general decree of permissibility. It is, in fact, a decree of prohibition and afterwards Ibn Abbas reverted completely even from this viewpoint.
4-24c: The agreement mentioned here is about decreasing or increasing the dowry, that is, after the fixation of dowry, it can be increased or decrease with mutual consent of the husband and wife. The verse is ended with Allah is ever Knowing, Wise to convey that the constraints imposed by the ties of marriage are based on great wisdom and knowledge. This is the answer to those who question the necessity of marriage ties and advocate for free relationship between the sexes. The trend in Europe is towards free relationship between sexes with a consequent increase in babies born to single mothers who take great pride in such births.
4-25 And whoever among you cannot afford to marry free believing women, (let him marry) such of your believing maidens as your right hands possess. And Allah knows best your faith — you are (sprung) the one from the other. So marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; then if they are guilty of adultery when they are taken in marriage, they shall suffer half the punishment for free married women. This is for him among you who fears falling into evil. And that you abstain is better for you. And Allah is Forgiving, Merciful.
وَمَن لَّمۡ يَسۡتَطِعۡ مِنكُمۡ طَوۡلاً أَن يَنڪِحَ ٱلۡمُحۡصَنَـٰتِ ٱلۡمُؤۡمِنَـٰتِ فَمِن مَّا مَلَكَتۡ أَيۡمَـٰنُكُم مِّن فَتَيَـٰتِكُمُ ٱلۡمُؤۡمِنَـٰتِۚ وَٱللَّهُ أَعۡلَمُ بِإِيمَـٰنِكُمۚ بَعۡضُكُم مِّنۢ بَعۡضٍ۬ۚ فَٱنكِحُوهُنَّ بِإِذۡنِ أَهۡلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلۡمَعۡرُوفِ مُحۡصَنَـٰتٍ غَيۡرَ مُسَـٰفِحَـٰتٍ۬ وَلَا مُتَّخِذَٲتِ أَخۡدَانٍ۬ۚ فَإِذَآ أُحۡصِنَّ فَإِنۡ أَتَيۡنَ بِفَـٰحِشَةٍ۬ فَعَلَيۡہِنَّ نِصۡفُ مَا عَلَى ٱلۡمُحۡصَنَـٰتِ مِنَ ٱلۡعَذَابِۚ ذَٲلِكَ لِمَنۡ خَشِىَ ٱلۡعَنَتَ مِنكُمۡۚ وَأَن تَصۡبِرُواْ خَيۡرٌ۬ لَّكُمۡۗ وَٱللَّهُ غَفُورٌ۬ رَّحِيمٌ۬ (٢٥)
4-25a: طَوۡل – طَوۡل is the distance whether measured along the length or width, and طَوۡل is specific to فضل and منّ that is excessive wealth and favor. Hence it occurs as an attribute of Allah ذِى ٱلطَّوۡلِ (Lord of bounty) (40:3), that is, He is the real owner of abundance and bestower of favors, and by أُوْلُواْ ٱلطَّوۡلِ (9:86) is meant the wealthy , and the meaning here too is wealthy and rich folks who have an abundance of wealth which can be given in dowry or alimony (R).
ٱلۡمُحۡصَنَـٰتِ – By ٱلۡمُحۡصَنَـٰتِ here is meant free women because it is contrasted with female slaves.
فَتَيَـٰتِ – It is the plural of فتاۃ which is the feminine of فتٰی and فتٰی is someone who has just reached adulthood. The meaning here is slave and by فتاۃ is meant a female slave.
بِإِذۡنِ أَهۡلِهِنَّ – The meaning of اَھۡل has been explained in 2-105a. The meaning here is master or owner. The permission of the master is required because the marriage would necessarily mean that the time he was served and the benefit he derived would be reduced. Accordingly, it is established from the Hadith that just as the female slaves could not marry without the permission of their masters, the male slaves also could not marry without the permission of their master: ایما عبد تزوج بغیر اذن موالیه فھوعاھر (IK).
أَخۡدَانٍ – It is the plural of خِدۡن whose meaning is companion or friend and it is frequently used in respect of a person who is a companion in immoral acts (R). It is obvious from the use of اتخاذا خدان (receiving paramours) with مسافحت (fornicating) that there is a hint of a hidden sense of acquaintanceship. Accordingly, Ibn Abbas has explained the meaning of مسافحات as الزوانی المعلنات that is one who commit adultery openly, and Baidawi has explained the meaning of اخدان to be الاخلاء فی السراء.
Marriage with slave girls: This verse gives the verdict and conditions regarding marriage with slave girls. It is stated twice in the Quran: لِفُرُوجِهِمۡ حَـٰفِظُونَ إِلَّا عَلَىٰٓ أَزۡوَٲجِهِمۡ أَوۡ مَا مَلَكَتۡ أَيۡمَـٰنُہُمۡ (restrain their sexual passions except in the presence of their mates or those whom their right hands possess) (23:5-6 and 70:29-30). When the commands regarding the wife had been given, it became necessary also to give the commands regarding those whom your right hands possess. Just as Allah has set forth conditions for taking a free woman as a wife, in the same way, the conditions for establishing a sexual relationship with those whom the right hand possesses have been mentioned so that the topic of marriage is completed. The separate mention of slave girls and making their marriage with free men subject to strict conditions shows that the Quran keeps those whom the right hand possesses separate from wives and discourages marriage with them except under dire necessity. This does not mean that the Quran desires that they should remain without marriage or in a sinful condition. In fact, it prohibits this: وَلَا تُكۡرِهُواْ فَتَيَـٰتِكُمۡ عَلَى ٱلۡبِغَآءِ (And compel not your slave girls to prostitution when they desire to keep chaste (24:33). To stop the slave girls from marrying is to force them into adultery. Further, the Quran commands in a very clear way: وَأَنكِحُواْ ٱلۡأَيَـٰمَىٰ مِنكُمۡ وَٱلصَّـٰلِحِينَ مِنۡ عِبَادِكُمۡ وَإِمَآٮِٕڪُمۡ (And marry those among you who are single, and those who are fit among your male slaves and your female slaves). The real purpose of the Quran appears to be that male and female slaves should marry among themselves and except for dire necessity free men and women should not marry slaves.
On the face of it, it appears that Quran desires to keep male and female slaves in a lowly and subservient state and hence discourages free and slave intermarriages. The reply to such a criticism is given in this verse: بَعۡضُكُم مِّنۢ بَعۡضٍ۬ (you are (sprung) the one from the other), that is free men and women, and male and female slaves are all individuals from the same family of mankind and the children of one father and mother. The practical example of the Holy Prophet and his Companions also manifests that they treated slaves as their equal in food, dress and work. Then why is it that strict conditions have been imposed in marrying them, even to the extent of stating: وَأَن تَصۡبِرُواْ خَيۡرٌ۬ لَّكُمۡۗ (And that you abstain is better for you).
When equality is admitted and, in fact, equal treatment is mandated, the discouragement of intermarriages cannot be based on keeping the slaves servile and lowly. Nevertheless, there is some reason. The reason for this becomes apparent from the life of the Holy Prophet and from some hadith that shed a light on this issue. The Holy Prophet never married any slave girl while she was enslaved but married her only after setting her free and giving her the full benefits of a spouse. The Mother of the faithful, the lady Safiyah was in the class of those whom the right hand possesses. The Holy Prophet emancipated her before marriage and gave her the same rights as his Quraysh wives. The same situation seems to exist in the case of the lady Maria al-Qibtiyya (Mary the Copt) who gave birth to the Holy Prophet’s son Ibrahim. The King of Egypt had gifted her as a slave to the Holy Prophet, but the Holy Prophet gave her a status where she stayed in hijab which shows that she was a spouse of the Holy Prophet. This is also the reason that following the command: وَلَآ أَن تَنكِحُوٓاْ أَزۡوَٲجَهُ ۥ مِنۢ بَعۡدِهِۦۤ أَبَدًاۚ (nor to marry his wives after him ever) (33:53), the lady Maria al-Qibtiyya did not marry after the Holy Prophet passed away, and Caliph Abu Bakr and Caliph Umar, gave her a maintenance allowance till her death just like the other wives of the Holy Prophet. The case of Rayhana bint Zaid is the same. There is a narration about her that the Holy Prophet emancipated her before he married her. When the Holy Prophet’s teaching is that slave girls should be emancipated before marrying them, there is no reason why he would not do the same. Accordingly, in Bukhari in the Book: اجر من اسلم من اھل الکتابین there is a narration: الرجُل تکون لَهُ الامةَ فَیُعَلِّمُھَا فیُحۡسِن تعلیمھا ویُئوِدّبُھا فیُحۡسِن اَدَبَھا ثم یعتقھا فیتزوّجہا فله اجران ( A person who has a slave girl, then he educates her, and gives her a good education, teaches her manners, and teaches her good manners, and emancipates her, and marries her, he will get twice the reward). So, the first wisdom in discouraging marrying slave girls is that Muslims should emancipate them and marry them, and not to let the slave girl stay in a lowly condition. The Holy Prophet honored slave girls so much that he drew attention to educating and teaching manners to them. Unfortunately, Muslims do not even honor their daughters so much now and neglect their education and training.
The second wisdom in discouraging marriages with slaves is the moral condition of slaves, both male and female, in Arabia and the rest of the world at that time. Since children are very much influenced by their mothers, a free rein to intermarriages would have adversely affected the moral standards of the nation. This is also the reason why marriage with polytheist women is forbidden because it has a very negative influence on the children and erodes their moral values. However, Islam did not totally shut the door to such marriages and gave conditional permission so that the slave girls may have the opportunity to become believing maidens and to qualitatively improve themselves. If it is argued that some slave girls could have elevated themselves from their lowly and servile state, then the answer to that is that all slaves who wanted to improve their condition had the right to enter into an agreement with their master and on the fulfilment of the conditions of the contract they could earn their freedom and seek marriage with full rights of a free person.
Conditions for marrying a slave girl: The third wisdom in discouraging intermarriages with slaves seems to be due to the rules regarding prisoners of war. The rules stipulated that when the war ended the prisoners of war should be set free either as a favor or after taking ransom. In this condition, it is possible that the husbands of female captives, if alive, may convert to Islam and it is best for the female prisoners to return to their husbands. The conditions attached to marrying female slaves are: First, the free man does not have the means to marry a free woman. The dowry for slave girl is much less than that for a free woman. Second, the free man is afraid of عَنَت, that is, if he does not marry, he will fall into some distress, such as harming his health, or ruining his soul by committing fornication. The third condition is that the marriage should have the permission of the slave girl’s master. The fourth condition is that the slave girl should be a believer.
Master and owned slave girl: Another question is whether it is permissible for the master, merely because he owns the slave girl, to have sexual relations with her, or is he also subject to the aforesaid conditions. This is an academic question under modern conditions because holy wars and possession of slave girls no longer exist. Nevertheless, it is necessary to discuss this issue to get the correct perspective. All the reasons because of which marriage of a non-slave owning free man is discouraged with a slave girl are equally valid for the master of the slave girl. In fact, things are even simpler for a master because if he likes a slave girl, he can grant her freedom and marry her. In such a condition, the grant of freedom can be a substitute for dowry. This is what transpired in the Holy Prophet’s marriage with lady Safiya. Hence, this is an easy process for the owner of a slave girl, but if he wishes to keep her as a slave, then the conditions for marrying a slave will apply to him. Some of the conditions, however, become redundant in his case, for example seeking the permission of the master for he does not need this permission or that a dowry must be given because the possessions of a slave girl are considered to be the possessions of the master, hence there is no need to give her a dowry. What is left is an announcement of marriage and that is an essential requirement.
Bayan-ul-Quran 