An-Nisa': 25

Ayah

Word by Word

وَمَن

And whoever

لَّمۡ

(is) not

يَسۡتَطِعۡ

able to

مِنكُمۡ

among you

طَوۡلًا

afford

أَن

يَنكِحَ

marry

ٱلۡمُحۡصَنَٰتِ

the free chaste

ٱلۡمُؤۡمِنَٰتِ

[the] believing women

فَمِن

then (marry) from

مَّا

what

مَلَكَتۡ

possess[ed]

أَيۡمَٰنُكُم

your right hands

مِّن

فَتَيَٰتِكُمُ

your girls

ٱلۡمُؤۡمِنَٰتِۚ

(of) the believers

وَٱللَّهُ

And Allah

أَعۡلَمُ

knows best

بِإِيمَٰنِكُمۚ

about your faith

بَعۡضُكُم

You

مِّنۢ

(are) from

بَعۡضٖۚ

(one) another

فَٱنكِحُوهُنَّ

So marry them

بِإِذۡنِ

with (the) permission

أَهۡلِهِنَّ

(of) their family

وَءَاتُوهُنَّ

and give them

أُجُورَهُنَّ

their bridal due

بِٱلۡمَعۡرُوفِ

in a fair manner

مُحۡصَنَٰتٍ

(They should be) chaste

غَيۡرَ

not

مُسَٰفِحَٰتٖ

those who commit immorality

وَلَا

and not

مُتَّخِذَٰتِ

those who take

أَخۡدَانٖۚ

secret lovers

فَإِذَآ

Then when

أُحۡصِنَّ

they are married

فَإِنۡ

and if

أَتَيۡنَ

they commit

بِفَٰحِشَةٖ

adultery

فَعَلَيۡهِنَّ

then for them

نِصۡفُ

(is) half

مَا

(of) what

عَلَى

(is) on

ٱلۡمُحۡصَنَٰتِ

the free chaste women

مِنَ

ٱلۡعَذَابِۚ

the punishment

ذَٰلِكَ

That

لِمَنۡ

(is) for whoever

خَشِيَ

fears

ٱلۡعَنَتَ

committing sin

مِنكُمۡۚ

among you

وَأَن

and that

تَصۡبِرُواْ

you be patient

خَيۡرٞ

(is) better

لَّكُمۡۗ

for you

وَٱللَّهُ

And Allah

غَفُورٞ

(is) Oft-Forgiving

رَّحِيمٞ

Most Merciful

Translation

If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give them their dowers, according to what is reasonable: They should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practise self-restraint. And Allah is Oft-forgiving, Most Merciful.

Tafsir

"Marrying a Female Slave, if One Cannot Marry a Free Woman

Allah said,

وَمَن لَّمۡ يَسۡتَطِعۡ

And whoever of you have not,

Allah said, those who do not have,

مِنكُمۡ طَوۡلاً

the means,

financial capability,

أَن يَنكِحَ الۡمُحۡصَنَاتِ الۡمُوۡمِنَاتِ

Wherewith to wed free believing women,

meaning, free faithful, chaste women.

فَمِن مِّا مَلَكَتۡ أَيۡمَانُكُم مِّن فَتَيَاتِكُمُ الۡمُوۡمِنَاتِ

They may wed believing girls from among those whom your right hands possess,

meaning, they are allowed to wed believing slave girls owned by the believers.

وَاللّهُ أَعۡلَمُ بِإِيمَانِكُمۡ بَعۡضُكُم مِّن بَعۡضٍ

and Allah has full knowledge about your faith; you are one from another.

Allah knows the true reality and secrets of all things, but you people know only the apparent things.

Allah then said,

فَانكِحُوهُنَّ بِإِذۡنِ أَهۡلِهِنَّ

Wed them with the permission of their own folk,

indicating that the owner is responsible for the slave girl, and consequently, she cannot marry without his permission. The owner is also responsible for his male slave and they cannot wed without his permission.

A Hadith states,

أَيُّمَا عَبۡدٍتَزَوَّجَ بِغَيۡرِ إِذۡنِ مَوَالِيهِ فَهُوَ عَاهِر

Any male slave who marries without permission from his master, is a fornicator.

When the owner of the female slave is a female, those who are allowed to give away the free woman in marriage, with her permission, become responsible for giving away her female slave in marriage, as well.

A Hadith states that;

لَاا تُزَوِّجِ الۡمَرۡأَةُ الۡمَرۡأَةَ وَلَاا الۡمَرۡأَةُ نَفۡسَهَا فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفۡسَهَا

The woman does not give away another woman, or herself in marriage, for only the adulteress gives herself away in marriage.

Allah's statement,

وَاتُوهُنَّ أُجُورَهُنَّ بِالۡمَعۡرُوفِ

And give them their due in a good manner;

meaning, pay them their dowry with a good heart, and do not keep any of it, belittling the matter due to the fact that they are owned slaves.

Allah's statement,

مُحۡصَنَاتٍ

they should be chaste,

means, they are honorable women who do not commit adultery, and this is why Allah said,

غَيۡرَ مُسَافِحَاتٍ

not fornicators,

referring to dishonorable women, who do not refrain from illicit sexual relations with those who ask.

Ibn Abbas said that;

the fornicating women are the whores, who do not object to having relations with whomever seeks it, while,

وَلَا مُتَّخِذَاتِ أَخۡدَانٍ

nor promiscuous.

refers to taking boyfriends.

Similar was said by Abu Hurayrah, Mujahid, Ash-Sha`bi, Ad-Dahhak, Ata Al-Khurasani, Yahya bin Abi Kathir, Muqatil bin Hayyan and As-Suddi.

The Slave Girl's Punishment for Adultery is Half that of a Free Unmarried Woman

Allah said,

فَإِذَا أُحۡصِنَّ فَإِنۡ أَتَيۡنَ بِفَاحِشَةٍ فَعَلَيۡهِنَّ نِصۡفُ مَا عَلَى الۡمُحۡصَنَاتِ مِنَ الۡعَذَابِ

And after they have been taken in wedlock, if they commit Fahishah, their punishment is half of that for free (unmarried) women.

this is about the slave women who got married, as indicated by the Ayah;

وَمَن لَّمۡ يَسۡتَطِعۡ مِنكُمۡ طَوۡلاً أَن يَنكِحَ الۡمُحۡصَنَاتِ الۡمُوۡمِنَاتِ فَمِن مِّا مَلَكَتۡ أَيۡمَانُكُم مِّن فَتَيَاتِكُمُ الۡمُوۡمِنَاتِ

And whoever of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess.

Therefore, since the honorable Ayah is about believing slave girls, then,

فَإِذَا أُحۡصِنَّ

(And after they have been taken in wedlock), refers to when they (believing slave girls) get married, as Ibn Abbas and others have said.

Allah's statement,

نِصۡفُ مَا عَلَى الۡمُحۡصَنَاتِ مِنَ الۡعَذَابِ

their punishment is half of that for free (unmarried) women.

indicates that the type of punishment prescribed here is the one that can be reduced to half, lashes in this case, not stoning to death, and Allah knows best.

Allah's statement,

ذَلِكَ لِمَنۡ خَشِيَ الۡعَنَتَ مِنۡكُمۡ

This is for him among you who is afraid of being harmed in his religion or in his body;

indicates that marrying slave girls, providing one satisfies the required conditions, is for those who fear for their chastity and find it hard to be patient and refrain from sex.

In this difficult circumstance, one is allowed to marry a slave girl. However, it is better to refrain from marrying slave girls and to observe patience, for otherwise, the offspring will become slaves to the girl's master.

Allah said,

وَأَن تَصۡبِرُواۡ خَيۡرٌ لَّكُمۡ وَاللّهُ غَفُورٌ رَّحِيمٌ

but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.

Allah says;

يُرِيدُ اللّهُ لِيُبَيِّنَ لَكُمۡ

Allah wishes to make clear (what is lawful and what is unlawful) to you,

Allah explains to the believers what He has allowed and prohibited for them in this and other Surahs.

وَيَهۡدِيَكُمۡ سُنَنَ الَّذِينَ مِن قَبۡلِكُمۡ

And to show you the ways of those before you,

meaning their righteous ways and how to adhere to the commandments that He likes and is pleased with.

وَيَتُوبَ عَلَيۡكُمۡ

and accept your repentance.

from sin and error

وَاللّهُ عَلِيمٌ حَكِيمٌ

and Allah is All-Knower, All-Wise.

in His commands, decrees, actions and statements.

Allah's statement

وَاللّهُ يُرِيدُ أَن يَتُوبَ عَلَيۡكُمۡ

Allah wishes to accept your repentance,

وَيُرِيدُ الَّذِينَ يَتَّبِعُونَ الشَّهَوَاتِ أَن تَمِيلُواۡ مَيۡلً عَظِيمًا

but those who follow their lusts, wish that you (believers) should deviate tremendously away (from the right path).

indicates that the followers of Shaytan among the Jews, Christians and the adulterous, wish that you would take the horrendous path of falsehood instead of the truth.

يُرِيدُ اللّهُ أَن يُخَفِّفَ عَنكُمۡ

Allah wishes to lighten (the burden) for you,

His legislation, orders, what He prohibits and what He decrees for you.

This is why Allah has allowed free men to marry slave girls under certain conditions, as Mujahid and others have stated.

وَخُلِقَ الاِنسَانُ ضَعِيفًا

and man was created weak.

and this is why it is suitable in his case that the commands are made easy for him, because of his weakness and feebleness.

Ibn Abi Hatim recorded that Tawus said that,

وَخُلِقَ الاِنسَانُ ضَعِيفًا

(and man was created weak),

""Concerning women.""

Waki said,

""Man's mind leaves when women are involved."""

And whoever has not the means wherewith, [whoever] is not wealthy enough, to be able to marry believing (al-mu'minaat, 'believing', is in accordance with the prevalent practice, and does not add to the import), free, women in wedlock, let him take, in marriage, believing maids whom your right hands own. God knows very well your faith, so suffice yourself with its outward manifestation and leave the innermost matters to Him, for He is the One to know her [true] merit: many a slavegirl may be more excellent [in faith] than a free woman, and this is meant to encourage marriage with slavegirls; the one of you is as the other, being equal in religion, so do not disdain to marry with them. So marry them, with the permission of their folk, their guardians, and give them their wages, their dowries, honourably, without procrastination or diminution, as women in wedlock (muhsanaat, a circumstantial qualifier), in decency, not illicitly, openly fornicating, or taking lovers, companions fornicating in secret. But when they are given in wedlock, [when] they are married off (a variant reading [for the passive uhsinna, 'they are given in wedlock'] has the active ahsanna, 'they enter into wedlock'), if they commit lewdness, such as adultery, they shall be liable to half the chastisement, the legal punishment, of married, free, virgin, women, who commit adultery, and are thus given fifty lashes and banished for half a year; [male] slaves by analogy are liable to the same punishment. Here, God has not made wedlock the precondition for the prescribed punishment to show that stoning does not apply in their case [sc. slavegirls]. That, marrying of slavegirls on account of insufficient means, is for those of you who fear the distress of sin, fornication (al-'anat originally means distress, but is used to mean zinaa, 'fornication', because of the distress that it causes in the way of the punishment in this world and in the Hereafter), as opposed to those of you who might not have such a fear [of distress] with regard to their free women and for whom it is unlawful to marry her [the slavegirl]; likewise for one who has sufficient means to marry a free woman [it is unlawful for him to marry a slavegirl instead]: this is the opinion of al- Shaafi'ee. Moreover, God's words 'believing maids' precludes unbelieving women, whom it is unlawful to marry, even if one should find no believing women and fear [the distress of fornication]; yet it is better for you to be patient, and abstain from marrying slavegirls, lest the child should become enslaved also. God is Forgiving, Merciful, by allowing room for manoeuvre in these matters.

An-Nisa': 25

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