Al-Baqarah: (221) And do not marry the polytheistic women...

Verse Analysis

This verse is similar to the verse: {And do not retain the bond of marriage with unbelieving women} (Al-Baqarah: 221, implied context). It is also read with a ḍammah on the initial tā’ (تُنكِحوا), meaning "do not marry them off [your female wards/daughters]."

Scholars differed on whether this verse introduces a new legal ruling or is connected to the preceding verses.

1. Majority View: It is a new legal decree clarifying what is permissible and what is forbidden.
2. Abu Muslim's View: It relates to the story of the orphans. Since Allah mentioned: {And if you mix with them, then they are your brothers} (Al-Baqarah: 220), referring to mixing in marriage, this verse follows by encouraging desire for the orphans, suggesting that this is preferable to what they used to do—desiring polytheistic women. It clarifies that a believing community is better than a polytheistic woman, even if the latter possesses qualities that normally incite desire. This serves as an incentive to marry orphans and to marry off orphans upon reaching maturity, encouraging care for their well-being and their wealth.

Regardless of the interpretation, the ruling of the verse remains the same.

Issues Discussed in the Verse

It is narrated that the Prophet (PBUH) sent Marthad ibn Abi Marthad, an ally of Banu Hashim, to Mecca to secretly bring out some Muslims. Upon his arrival, his former beloved from the pre-Islamic era, named 'Anāq, came to him. She had turned away from him after his Islam. She sought seclusion with him. He informed her that Islam prevented that, but promised to seek permission from the Messenger of Allah (PBUH) to marry her. When he returned to the Prophet (PBUH) and informed him of the matter concerning 'Anāq, this verse was revealed.

Scholars differed on the precise meaning of the word Nikāḥ:

Shafi'i School Majority: Nikāḥ primarily refers to the contract ('aqd).

• Evidence 1: The Hadith: "There is no nikāḥ except with a guardian (wali) and witnesses." This makes nikāḥ conditional upon the guardian and witnesses, which applies to the contract, not consummation (waṭ’).
• Evidence 2: The Hadith: "I was born from nikāḥ, not from sifāḥ (fornication)." This contrasts nikāḥ with sifāḥ, which includes sexual intercourse. If nikāḥ only meant intercourse, it could not be contrasted with sifāḥ.
• Evidence 3: The Quran: {And marry off the unmarried among you and the righteous among your male and female slaves} (An-Nūr: 32). The command ankihū (marry off) can only refer to the contract.
• Evidence 4: The poetry of Al-A'sha: "So do not approach a neighbor woman if her secret is hidden from you, it is forbidden to you; either marry [properly] or remain single." The command fankihū (marry) implies contracting marriage, advising marriage or remaining celibate.

Hanafi School Majority: Nikāḥ primarily refers to sexual intercourse (waṭ’).

• Evidence 1: The verse regarding divorce: {If he divorces her, then she is not lawful for him afterward until she marries another husband} (Al-Baqarah: 230). The prohibition remains until the nikāḥ is complete. This nikāḥ is not the contract, as evidenced by the Hadith: "Not until you taste his sweetness and she tastes his sweetness." Thus, it must mean intercourse.
• Evidence 2: The Hadith: "The one who engages in nikāḥ by hand [masturbation] is cursed, and the one who engages in nikāḥ with an animal is cursed." This establishes nikāḥ in the absence of a formal contract.
• Evidence 3: Linguistically, nikāḥ means joining or intercourse. It is said: Nakaha al-maṭar al-arḍ (The rain joined the earth). In a proverb: "We joined the fara and you will see." Poets use it similarly, implying physical joining. The meaning of joining/intercourse is more complete in direct action than in the contract.

Intermediate View (Ibn Jinni): The Arabs use the term subtly:

• If they say, "Nakaha so-and-so so-and-so," they mean he contracted marriage with her.
• If they say, "Nakaha his wife/spouse," they mean sexual intercourse, as the contract is already established.

Consensus on the Verse: All exegetes agree that {And do not marry (tanikahū)} in this verse means do not contract marriage with them.

Some scholars denied this, but the majority of scholars hold that the term Mushrik includes the People of the Book. This is the preferred view.

• Evidence 1: Quranic verses describing Jews and Christians as associating partners with God, immediately followed by the phrase: {Exalted is He above what they associate} (At-Tawbah: 30-31).
• Evidence 2: The verse: {Indeed, Allah does not forgive association with Him in worship, but He forgives what is less than that of whom He wills} (An-Nisā’: 48). If the disbelief of Jews and Christians were not shirk, then according to this verse, their sin should be forgivable in general, which is false. Therefore, their disbelief is shirk.
• Evidence 3: The verse: {Certainly have disbelieved those who say, "Allah is the third of three"} (Al-Mā’idah: 73). This Trinity belief implies affirming three eternal, independent entities (Godheads/substances), which constitutes shirk (affirming multiple deities).
• Evidence 4: Narrations indicate that when the Prophet (PBUH) commanded a leader to invite polytheists to Islam, and they refused, he commanded them to offer the jizyah (poll tax) and the covenant of protection (dhimmah). Those from whom jizyah is accepted are called Mushrikūn (polytheists) in this context, implying People of the Book are included under this general term.
• Evidence 5 (Abu Bakr al-Aṣamm): Anyone who denies his prophethood is a polytheist because they attribute the miracles, which are beyond human capacity, to Jinn or magic, thereby setting up partners with God in creation/power.

Counter-Argument: Allah separated the mention of People of the Book from the Mushrikūn in several verses (e.g., Al-Hajj: 17; Al-Baqarah: 105; Al-Bayyinah: 1), implying they are distinct categories.

Rebuttal: This separation is for emphasis, similar to how Allah mentions Gabriel and Michael specifically when mentioning angels (Al-Baqarah: 98), not because they are different from angels. Here, the explicit mention of idolaters emphasizes the extremity of their kufr.

Further Distinction among those who include Ahl al-Kitāb:

1. Linguistic Inclusion: They are called Mushrikūn because their beliefs (like the Trinity or attributing Ezra as the son of God) constitute shirk linguistically.
2. Legal Terminology (Al-Jubbā’ī and Al-Qāḍī): Mushrik is a legal term (ism shar'ī). Since the Prophet (PBUH) frequently referred to all disbelievers (even atheists or doubters) as Mushrikūn, it is a legal designation encompassing all disbelievers, not just idolaters.

If Mushrik includes People of the Book, does the prohibition {And do not marry polytheistic women until they believe} apply to Jewish and Christian women?

1. View 1 (Those who say Mushrik includes Ahl al-Kitāb): The verse explicitly forbids marrying them until they believe.
2. View 2 (Majority): It is permissible for a man to marry a woman of the Book.
   • Evidence: {And [forbidden are] chaste women among the believers and chaste women among those who were given the Scripture before you} (Al-Mā’idah: 5). This verse is considered specific (khāṣṣ) or abrogating (nāsikh) of the general prohibition in Al-Baqarah.
   • Rebuttal to the counter-argument: The phrase "those who were given the Scripture" includes those who converted after receiving the Scripture, but the context implies the state of being People of the Book at the time of marriage.
   • Evidence: The Companions married women of the Book, and no one among them objected, suggesting consensus (ijmā') on permissibility.
   • Narration: Ḥudhayfah married a Jewess or Christian woman. 'Umar wrote to him to release her. Ḥudhayfah asked if he considered it forbidden (ḥarām). 'Umar replied, "No, but I fear [the consequences]."
   • Hadith: Jābir ibn 'Abdullāh narrated that the Prophet (PBUH) said: "We marry the women of the People of the Book, but they do not marry our women."
   • Hadith on Magians: The Prophet (PBUH) said regarding the Magians: "Apply the ruling of the People of the Book to them, except regarding marrying their women and eating their slaughtered meat." This exception implies that marrying the women of the People of the Book is permissible.

Arguments for Prohibition (Against Ahl al-Kitāb Marriage):

1. The term Mushrik includes them: As established in Issue 3, making the prohibition explicit.
2. The reason ('illah) applies: The verse states: {Those [women] invite you to the Fire}. This reason (inviting to disbelief) applies to the woman of the Book, so the prohibition should apply.
3. Conflict of Evidence (Ibn 'Umar's view): When asked, Ibn 'Umar recited both the prohibition verse (Al-Baqarah) and the permission verse (Al-Mā’idah). The principle is that the default is prohibition; when evidence conflicts, the default remains unless superseded. This is analogous to the ruling on combining two sisters in slave ownership, where conflicting verses led to prohibition.
4. Ibn 'Abbās's view: He prohibited marrying any woman except a believing woman, citing: {And whoever disbelieves in faith, his deeds have become worthless} (Al-Mā’idah: 5), equating them to apostates.
5. 'Umar's reaction: 'Umar strongly disapproved of Ṭalḥah and Ḥudhayfah marrying women of the Book, stating: "If divorcing them were permissible, then marrying them would be permissible, but I will remove them from you."

Rebuttals to Prohibition Arguments:

1. On the reason ('illah): The polytheist woman is openly hostile and might incite her Muslim husband to fight Muslims. This is not the case with the Dhimmi (protected) woman of the Book, who is subdued and accepts her status.
2. On conflicting evidence: The permission verse in Al-Mā’idah is specific (khāṣṣ) and later (by consensus), thus it abrogates or specifies the general prohibition in Al-Baqarah. This differs from the sister-marriage case where verses were equally specific/general.
3. On Ibn 'Abbās's view: Since the woman of the Book differs from the apostate in many rulings, she can differ in this one too.
4. On 'Umar's reaction: We have a narration where 'Umar stated it is not forbidden (laysa bi-ḥarām), only that he feared the consequences.

All agree that Īmān here means acknowledgment of the testimony of faith (shahādah) and adherence to Islamic rulings.

• Karāmiyyah Argument: They use this verse to argue that Īmān is merely verbal acknowledgment (Iqrār). Since belief is the condition for lifting the prohibition, and acknowledgment is the condition here, Īmān in religious terminology means acknowledgment.
• Rebuttal (Majority):
  1. Īmān is belief in the heart (taṣdīq bi-al-qalb), as proven elsewhere (e.g., Al-Baqarah: 3).
  2. Verses like {And of the people are those who say, "We believe in Allah and the Last Day," but they are not believers} (Al-Baqarah: 8-11) would be false if Īmān were mere acknowledgment.
  3. Verses like {The bedouins say, "We have believed." Say, "You have not believed"} (Al-Ḥujurāt: 14) would also be false.
• Answer to their proof: Verbal acknowledgment is mentioned because the inner belief cannot be known; thus, the tongue's acknowledgment stands in for the heart's belief.

Al-Ḥasan said this verse abrogates the previous practice of marrying polytheistic women.

• Al-Qāḍī's comment: If the previous practice was merely custom ('ādah), not a legal ruling (ḥukm shar'ī), then abrogation is impossible, as abrogation applies only to legal rulings. If the previous permission was established by law, then this verse is abrogating.

On the Phrase: {And a believing slave woman is better than a free polytheistic woman, even if she impresses you}

Abu Muslim suggested the lām here serves for emphasis, similar to the lām al-qasam (the lām of an oath).

"Better" means having superior benefit (naf' ḥasan).

• Meaning: Even if the polytheistic woman excels in wealth, beauty, or lineage, the believing slave woman is better because belief relates to religion, while the others relate to the world. Religion is superior to the world. When religion aligns, love is perfected, leading to worldly benefits like health, obedience, and protection of wealth/children. When religion conflicts, love is absent, and none of those worldly benefits are realized from the relationship.
• Alternative interpretation: Some suggest it means "a believing slave woman is better than the movement of a polytheistic woman." This is unnecessary because the term is absolute, and the following phrase {even if she impresses you} covers all worldly attractions (beauty, wealth, status).

Al-Jubbā’ī argued this verse proves that one capable of marrying a free woman is permitted to marry a slave woman (Hanafi view).

• Logic: The verse permits marrying a believing slave woman even if one can afford a free polytheistic woman. Since the one who can afford a free polytheistic woman can certainly afford a free believing woman (as the cost of marriage preparation is not vastly different based on faith), it follows that one capable of marrying a free believing woman is permitted to marry a slave woman.

The verse {And do not marry polytheistic women} implies prohibition, while {And a believing slave woman is better than a polytheistic free woman} implies permission for the latter, as the comparative form (af'al) suggests both are permissible, but one has superiority.

• Resolution: Marriage to the polytheistic woman involves worldly benefits, while marriage to the believing woman involves benefits of the Hereafter. Both share the essence of being a benefit, but the benefit of the Hereafter holds the greatest advantage. Thus, the contradiction is resolved.

On the Phrase: {And do not marry polytheistic men until they believe}

There is no dispute here: the command applies universally to all types of disbelievers. A believing woman is absolutely forbidden from marrying a disbelieving man. The discussion regarding {And a believing slave is better than a polytheistic free man} follows the same pattern as above.

On the Phrase: {Those [women] invite you to the Fire}

Several interpretations were offered:

1. They invite to what leads to the Fire: Conjugal affection often leads to agreement in goals. This might cause the Muslim spouse to abandon Islam to align with their beloved.
   • Counter-argument: Affection is mutual; the disbeliever might convert due to love.
   • Rebuttal: The risk is weighted. If the disbeliever converts, the Muslim gains reward. If the Muslim converts, they face severe punishment. When facing a choice between potential minor gain and potential great harm, one must avoid the harm. Thus, prohibition is preferred.
2. They invite to abandoning Jihad/Fighting: If the husband is persuaded to stop fighting, he deserves the Fire. This interpretation distinguishes them from Dhimmi women, who would not incite their husbands to fight.
3. The offspring: The child born might be invited by the disbelieving parent to disbelief, thus becoming an inhabitant of the Fire. Conversely, marrying a Muslim woman leads to children who are inhabitants of Paradise.

On the Phrase: {But Allah invites to Paradise and forgiveness, by His permission}

Two views exist:

1. Contrast: The enemies of Allah (the polytheistic women) invite to the Fire, while the allies of Allah (the believing women) invite to Paradise and forgiveness. Therefore, a wise person must avoid the former and marry the latter.
2. Consequence of Rulings: Since Allah has delineated permissible and forbidden acts, He states that He invites to Paradise and forgiveness, meaning adherence to these rulings earns Paradise and forgiveness.

On {By His permission (bi-idhnih)}: This means through Allah's facilitation and success (tawfīq) in performing the deeds that merit Paradise and forgiveness. This is similar to other verses stating that nothing happens except by His permission.

Recitation Variant: Al-Ḥasan recited it as wa-al-maghfiratu bi-idhnih (with raf', nominative), meaning forgiveness is attained through His facilitation.

The final phrase, {And He clarifies His verses for the people that they may remember}, has an apparent meaning.

The Seventh Ruling: Concerning Menstruation

{And they ask you about menstruation. Say, "It is an impurity, so keep away from women during menstruation and do not approach them until they are pure. And when they have purified themselves, then approach them as Allah has directed you. Indeed, Allah loves the repentant and loves those who purify themselves.} (Al-Baqarah: 222)