An-Nisa (The Women): Verse 25

Commentary on the Verse

Allah, having clarified what is permissible and what is not permissible [in marriage], now explains the conditions under which marriage is permissible and the manner in which it is permitted, saying: {And whoever among you cannot afford the means to marry free women...} (An-Nisa: 25).

There are several issues concerning this verse:

1. Readings: Al-Kisā’ī recited المُحْصَنَاتِ (with a kasra on the ṣād), and similarly مُحْصَنَاتٍ and المُحْصَنَاتِ in the subsequent parts of the verse, all with a kasra. The rest of the reciters use a fatḥa (Al-Muḥṣanāt).
2. Meaning: The fatḥa reading means "those who are married" (possessing husbands). The kasra reading means "chaste women" or "free women" (Almighty knows best).

1. Ṭūl Defined: Ṭūl means bounty or excess, as in taṭawwul (showing favor). Allah says: {Possessor of Bounty} (Ghafir: 3). It is also said: taṭāwala li-hadha al-shay’ (he reached for this thing), similar to saying a hand is extended (mabsūṭa).
2. Root Meaning: The root of the word is related to length (ṭūl), the opposite of shortness (qiṣar). If something is long, it implies completeness and addition, whereas shortness implies deficiency. Wealth (ghinā) is also called ṭūl because it enables one to attain desired things that poverty prevents, just as length enables attainment that shortness prevents.
3. Application in the Verse: Given this, Ṭūl here means ability/capacity. Its grammatical position is the object of the verb yastaṭīʿ (cannot afford). And {to marry} (an yankih) is in the position of the object of that capacity.
4. Addressing Redundancy: If one asks: Since istiṭāʿa (ability) is capacity, and ṭūl is also capacity, the verse would mean: "Whoever among you cannot have the capacity for the capacity to marry free women." What is the benefit of this repetition?
5. Resolution: The meaning is: "Whoever among you lacks the istiṭāʿa specifically required for marrying free women." This resolves the apparent redundancy. This covers the linguistic aspect.

Interpretations by the Commentators:

1. First View: Whoever lacks the financial means (ziyāda fī al-māl wa-saʿa) to marry a free woman, let him marry a slave girl.
2. Second View: Nikāḥ (marriage) is interpreted as sexual intercourse (waṭ’). The meaning is: "Whoever among you cannot afford the means for intercourse with free women, let him marry a slave girl." This interpretation aligns with the school of Abu Hanifa, who holds that if a man is married to a free woman, it is not permissible for him to marry a slave girl, regardless of his ability to marry another free woman.
3. Third View: The permission to marry a slave girl is absolute, whether he is married to a free woman or not.

All these views arise because the term istiṭāʿa is ambiguous enough to accommodate them.

1. Identification: Al-Muḥṣanāt here refers to free women (al-ḥarā’ir).
2. Evidence: This is evidenced by the fact that the verse permits marrying slave girls only when marrying free women is unattainable. Therefore, al-muḥṣanāt must be the opposite of slave girls.
3. Reason for the Name (Fatḥa Reading): They are called muḥṣanāt (protected/chaste) because their freedom protects them from the conditions associated with slave girls (who are often exposed, busy with service, and potentially promiscuous). A free woman is guarded and protected from such deficiencies.
4. Reason for the Name (Kasra Reading): If read as muḥṣanāt (chaste), it means they preserve their chastity through their freedom.

Al-Shafi'i holds that Allah stipulated three conditions for marrying slave girls: two concerning the husband and one concerning the wife.

1. Condition 1 (Husband): He must not possess the means (ṣadāq - dower) to marry a believing free woman. This is implied by {And whoever among you cannot afford the means to marry free believing women}. Lack of ṭūl means lacking the means for a free woman.
   • Objection: If a man can afford a slave girl, why can't he afford a poor free woman?
   • Answer: Customarily, the dower and expenses for slave girls were lighter because they were occupied with serving their masters. This difference justifies the distinction.
2. Condition 2 (Husband): Mentioned at the end of the verse: {That is for he among you who fears being drawn into hardship} (25:25), meaning he has reached severe difficulty due to celibacy.
3. Condition 3 (Wife): The slave girl must be a believer (mu’mina), not a disbeliever. A disbelieving slave girl carries two deficiencies: slavery and disbelief. Since the child follows the mother in status (slavery/freedom), the child would be born a slave under the ownership of a disbeliever, inheriting both deficiencies.

Abu Hanifa's View:

Abu Hanifa states that if a man is married to a free woman, he cannot marry a slave girl. If he is not married to a free woman, he may marry a slave girl, whether he can afford a free woman or not.

Al-Shafi'i's Argument Against Abu Hanifa (Using the Verse):

1. Argument 1 (Coherence): Allah mentioned the inability to afford the means for a free woman, immediately followed by permission to marry a slave girl. This sequence implies that the latter ruling is contingent upon the former condition (inability). If marrying a slave girl were permissible regardless of the ability to afford a free woman, then the lack of ability would have no effect on the ruling, contradicting the textual connection.
2. Argument 2 (Implication/Māfūm): Specifying something by mentioning it implies the negation of the ruling for what is excluded. If someone says, "The Jewish dead person cannot see," everyone laughs, arguing that if non-Jews also cannot see, why specify the Jew? This shows that specifying a condition implies the ruling does not apply when that condition is absent.

• Abu Bakr Al-Razi's Counter-Argument: Specifying permission in one case does not imply prohibition in others. Example: {Do not kill your children for fear of poverty} (17:31) does not imply killing is permissible when poverty is absent.
• Rebuttal: The apparent meaning of the text suggests this conditionality, but it might be overridden by a separate, explicit proof. However, the stronger question against Al-Razi is: Why can't nikāḥ mean intercourse (waṭ’)? Meaning: "Whoever cannot have intercourse with a free woman (i.e., he has no free wife) may marry a slave girl." This interpretation supports Abu Hanifa.
• Response to the Counter-Argument: Most commentators interpret Ṭūl as wealth, and lack of wealth affects the contract, not the intercourse.

Abu Bakr Al-Razi's Argument from General Texts:

He cites general permissions: {Marry those that please you of [other] women} (4:3), {Marry the unmarried among you}, {And lawful to you is all that is beyond those [mentioned]}, and {And [lawful are] chaste women from those who were given the Scripture before you} (5:5), which includes believing slave girls, where iḥṣān means chastity.

• Rebuttal: Our specific verse takes precedence over general texts. Furthermore, the verse is restricted by the condition "if he has a free wife," which is established to protect the child from being enslaved—the very point under dispute.

The apparent meaning of {free believing women} suggests that belief is a requirement for marrying a free woman. If a man can afford a Christian free woman but cannot afford a Muslim free woman, then marrying a slave girl becomes permissible. However, most scholars hold that mentioning belief for free women is merely recommended (nadb), as there is no difference in expense between a Christian free woman and a Muslim free woman.

Some scholars argue that marrying women of the Scripture is absolutely forbidden, using this verse as evidence. They argue that the verse specifies that upon being unable to marry a Muslim free woman, the recourse is to a Muslim slave girl. If marrying a Christian free woman were permissible, the Muslim slave girl would not be the designated alternative upon failing to marry the Muslim free woman. This is reinforced by {And do not marry polytheistic women until they believe} (2:221), which we have previously shown includes women of the Scripture.

The verse serves as a warning that marrying slave girls is only permissible out of necessity (ḍarūra). The reasons are:

1. Lineage: The child follows the mother in status; a slave mother results in an enslaved child, a deficiency for both the child and the father.
2. Character: A slave girl may be accustomed to going out, mixing with men, and may have developed shamelessness or even immorality, causing harm to the husband.
3. Master's Rights: The master's right over her is greater than the husband's. She is not exclusively available to the husband; the master can restrict access or prevent the husband from utilizing her when needed.
4. Sale/Travel: The master might sell her. If her sale is considered a divorce (according to some views), the marriage ends against the husband's will. If not, the new master might travel with her and the child, causing great harm.
5. Dower: Her dower belongs to her master. She cannot gift her dower to her husband or forgive him its payment, unlike a free woman.

For these reasons, Allah permitted marrying slave girls only as a concession (rukhṣa).

Regarding: {Then marry those whom your right hands possess of your believing slave girls}

There are several issues here:

This means: "Let him marry from those whom your right hands possess." Ibn Abbas said this refers to a slave girl other than his own, as a man is not permitted to marry his own slave girl.

Al-Fatayāt is the plural of fatāh (slave girl). The male slave is fatā. The Prophet (PBUH) said: "No one should say 'my slave' but rather 'my young man' (fatāya) and 'my young woman' (fatātī)." Fatāh is used for a young slave girl, whether old or young, because she is treated less reverently than an elder woman.

This indicates that marrying a slave girl is restricted to her being a believer. Therefore, marrying a Scripture slave girl is not permissible, whether the husband is free or a slave. This is the view of Mujahid, Sa'id, Al-Hasan, Malik, and Al-Shafi'i. Abu Hanifa permits marrying a Scripture slave girl.

Al-Shafi'i's Proof:

The phrase {of your believing slave girls} restricts the permissibility of marrying a slave girl to her being a believer. This negates the permissibility of marrying a non-believer, for the same two reasons mentioned earlier regarding the free woman (i.e., the deficiency of disbelief added to slavery). Furthermore, Allah says: {And do not marry polytheistic women until they believe} (2:221).

Abu Hanifa's Proof:

1. Text (Generalities): The general texts cited earlier regarding free women, especially {And [lawful are] chaste women from those who were given the Scripture before you} (5:5).
2. Analogy (Qiyās): We agree that marrying a free Scripture woman is permissible. Since a slave woman is also permissible [under certain conditions], marrying a slave Scripture woman must also be permissible.

• Rebuttal: Our specific proofs take precedence over general ones. Regarding analogy: Al-Shafi'i distinguishes that marrying a free Scripture woman involves only one deficiency (disbelief), whereas marrying a slave Scripture woman involves two deficiencies (slavery and disbelief).

Regarding: {And Allah knows best your faith}

Al-Zajjaj explained this as: Act according to the apparent signs of faith, for you are accountable for outward matters, while Allah handles the secrets and realities.

Regarding: {Some of you are from others}

There are two interpretations:

1. First View: You are all children of Adam, so do not let arrogance prevent you from marrying slave girls when necessity dictates.
2. Second View: You all share in faith (īmān). Since faith is the greatest virtue, differences in status below that level should be disregarded. This is supported by {The believing men and believing women are allies to one another} (9:71) and {Indeed, the most noble of you in the sight of Allah is the most righteous of you} (49:13). Al-Zajjaj preferred the second view because of the preceding mention of believing women, or because honor derived from Islam takes precedence over other attributes. This strengthens Al-Shafi'i's position that faith is a condition for the permissibility of marrying a slave girl.

Wisdom: The Arabs prided themselves on lineage. By mentioning this phrase, Allah indicates that He does not regard lineage. It is narrated that the Prophet (PBUH) said: "Three things belong to the matters of Jāhiliyya (ignorance): slandering lineage, boasting of ancestry, and seeking rain by the stars. The people will not abandon these in Islam." Since the people of Jāhiliyya looked down upon the son of a slave mother (ibn al-hujayn), Allah mentioned this phrase to deter them from those ignorant customs.

Regarding: {Then marry them with the permission of their people}

There are two issues:

There is consensus that marrying a slave girl without her master's permission is void.

1. Quranic Evidence: {Then marry them with the permission of their people} implies that permission is a condition for permissibility, even if the marriage itself is not obligatory. It is like the ruling on Salaf (forward sale): it is not obligatory, but if chosen, the conditions must be met. Similarly, if one chooses to marry a slave girl, permission from her master is required.
2. Analogy (Qiyās): The slave girl is the property of the master, and marriage nullifies many of the benefits derived from her ownership; thus, it requires his consent.

The Quranic text is limited to slave girls. For male slaves, this ruling is established by the Hadith from Jabir: "The Messenger of Allah (PBUH) said: 'If a slave marries without the master's permission, he is an adulterer (ʿāhir).'"

Al-Shafi'i holds that the marriage of a mature, sane woman is invalid without the permission of her guardian (wali). Abu Hanifa holds it is valid without it.

Al-Shafi'i argues using this verse: The pronoun in {Then marry them with the permission of their people} refers to slave girls, who are defined by the temporary attribute of slavery. Reference to a being defined by a temporary attribute does not exclude that being after the attribute vanishes. (Example: If someone swears not to speak to "this young man," and the man grows old, speaking to him still breaks the oath.)

Therefore, the command to seek permission for slave girls must remain applicable even when they become free women. If it applies to them in this derived case, it must apply to all free women, as no one differentiates.

• Abu Bakr Al-Razi's Counter-Argument: Al-Shafi'i’s school holds that a woman has no agency in the marriage contract. Therefore, a woman cannot marry off her slave girl; rather, she must appoint someone else to do it. Al-Razi argues this verse refutes that, as its apparent meaning suggests the permission of her ahl (people/guardians) is sufficient, implying that those who say it is insufficient are abandoning the apparent meaning.

• Rebuttal (Multiple Points):
  1. Idhn (permission) means riḍā (consent). We agree the master's consent is necessary, but the verse does not prove it is sufficient.
  2. Ahluhunna (their people) refers to whomever has the right to marry them off: the master (if male) or the master's guardian (if the master is female).
  3. Even if Ahl means the master, the term is general (male/female). However, other evidence proves a woman cannot marry herself, such as the Hadith: "The adulteress is she who marries herself." Thus, she cannot marry off her slave girl either, as no one differentiates between the two cases.

Regarding: {And whoever cannot afford the means...}

There are two issues:

1. First View (Majority): Ujūr means dowries (mahūr). The verse thus mandates a dower for the slave girl, whether explicitly named or not, because Allah did not differentiate between named and unnamed dowries when imposing the obligation. The phrase {in kindness} (bi-l-maʿrūf) refers to the dower, which is generally based on estimation, probability, and custom, similar to {Their sustenance and clothing [must be provided] to them in kindness} (2:233).
2. Second View (Al-Qadi): Ujūr means maintenance/provision (nafaqa). This is preferred because the dower is fixed, and stipulating maʿrūf for it is meaningless. This view suggests Allah clarified that the slave status does not negate the obligation of her maintenance, just as with a free woman, provided the master allows access to her.

• Conclusion on Views: Although the second view is argued, most commentators interpret Ujūr as the dower, and bi-l-maʿrūf means delivering the dower beautifully and promptly upon demand, without delay.

Abu Bakr Al-Razi cited some Malikis who claim the slave girl herself is entitled to receive her dower. If the master rents her out for service, the master receives the rent, not her. They use this verse as proof.

The Majority argue that the dower belongs to the master based on explicit texts and analogy:

1. Text: {Allah sets forth a parable: a slave owned, unable to [exercise] any control...} (16:75), which negates the slave's ownership of anything.
2. Analogy: The dower is compensation for the benefit of sexual intercourse (buḍʿ), and those benefits belong to the master, who permits them to the husband under the condition of marriage. Therefore, the master must receive the compensation.

• Rebuttal to the Claimants:
  1. If we interpret Ujūr as maintenance, the issue vanishes entirely.
  2. Allah attributes the giving of dowers to them (wa-ātūhunna) because it is the price of their bodies, but this does not necessitate ownership. Rather, the Prophet (PBUH) said: "The slave and whatever is in his hand belongs to his master," so the dower becomes the master's property through this principle.

Regarding: {chaste women, not those who commit open immorality or those who take secret paramours}

There are two issues:

Ibn Abbas said muḥṣanāt means chaste. This is a description linked to the command: {Then marry them with the permission of their people}. This implies that marrying immoral slave girls is forbidden.

Scholars differed on whether marrying adulterous women is permissible. The majority hold that it is permissible, meaning this verse is interpreted as recommended (nadb).

• {Not those who commit open immorality (musāfiḥāt)}: Meaning adulteresses.
• {Nor those who take secret paramours (mutakhidhāt akhdān)}: Akhdān is the plural of khidhn (a close confidant). The khidhn is one who is intimate with you in every hidden and apparent matter.

Most commentators state that musāfaḥa is a woman who rents herself out to any man who desires her. The one who takes a khidhn takes one specific paramour. The people of Jāhiliyya distinguished between these two types and did not consider the woman with a khidhn to be an adulteress. Since this distinction was recognized, Allah mentioned both types separately and decreed the prohibition of both, similar to {Say, "My Lord has only forbidden immoralities, those which are apparent of them and those which are concealed"} (7:33).

Al-Qadi argues that this verse is evidence for those who do not consider faith a condition for marrying slave girls. If faith were a condition, then being chaste (muḥṣanāt) would also have to be a condition, but chastity is not stipulated as a condition (as discussed in Issue 5).

• Rebuttal: This description is connected not to the mention of "believing slave girls," but to the preceding obligations: {Then marry them with the permission of their people and give them their due compensation}. Since all these preceding elements are obligatory, the lack of obligation in this descriptive clause does not negate the obligation in the preceding clauses.

Regarding: {And when they have been taken in marriage, if they commit immorality, then they shall have half the punishment prescribed for free women}

There are several issues:

1. Reading 1 (Fatḥa on Alif): Hamza, Al-Kisā’ī, and Abu Bakr (from 'Asim) read أَحْصَنَ (with fatḥa on the initial alif), meaning they embraced Islam (aslamna). This was stated by 'Umar, Ibn Mas'ud, Al-Sha'bi, Al-Nakha'i, and Al-Suddi.
2. Reading 2 (Ḍamma on Alif): The rest read أُحْصِنَ (with ḍamma on the initial alif), meaning they became protected through marriage (aḥṣan bi-l-azwāj). This was stated by Ibn Abbas, Sa'id ibn Jubayr, Al-Hasan, and Mujahid.

• Critique of Reading 1: It seems remote that Allah would describe the slave girls as believing in {your believing slave girls} and then say, "And when they embrace Islam..."
• Response: Allah mentioned two rulings: one concerning the marriage of slave girls (where belief was stipulated), and the second concerning the penalty for immorality. In this second ruling, He mentioned their state of belief again with {If they embrace Islam} (if interpreted as embracing faith).

The strong difficulty here is determining whom {free women} (al-muḥṣanāt) refers to in {half the punishment prescribed for free women}.

1. If it means married free women: The prescribed punishment for them is stoning (rajm). This would imply that the punishment for slave girls is half a stoning, which is clearly void.
2. If it means virgin free women: Then the ruling is contingent merely upon committing adultery, while the verse structure {When they have been protected [married], if they commit immorality...} implies the ruling is conditional upon both marriage (iḥṣān) and adultery. This is a strong contradiction.

• Resolution (Choosing the Second View): We choose the second interpretation. The phrase {When they have been protected [married]} does not mean this marriage is a condition for the penalty to be established (which is 50 lashes). Rather, it means the penalty for adultery is aggravated upon marriage. If she is married, her penalty is 50 lashes (not more). It is more fitting that the penalty is this amount even before marriage, as this is understood by implication from the text: when the factor that aggravates the punishment (marriage) is present, the punishment is reduced due to slavery; therefore, when that aggravating factor is absent, this lesser penalty should certainly apply.

The Khawarij reject stoning and use this verse as proof. They argue: If the punishment for a married free woman is stoning, then the punishment for a married slave girl must be half a stoning, which is void. Therefore, the punishment for a married free woman cannot be stoning; it must only be lashing.

• Response: This is answered by what was stated in Issue 2. The full discussion is in the commentary on Surah An-Nur regarding {The adulteress and the adulterer, flog each of them with a hundred lashes} (24:2).

The jurists made this verse a foundation for the principle that the ruling for a slave is reduced compared to a free person, even in matters where this reduction is not explicitly stated.

Regarding: {That is for he among you who fears being drawn into hardship [forbearance from marriage]} (25:25)

There is no disagreement that this refers to the marriage of slave girls. It is as if Allah says: Permission to marry believing slave girls is granted to him who fears hardship from among you.

• ʿAnat (Hardship/Distress): Means severe, difficult harm. Allah says regarding the concession in dealing with orphans: {And if Allah willed, He could have put you into difficulty} (2:220), meaning He could have made the matter severe for you, forcing you to distinguish their food from yours, causing you severe harm. He also said: {They wish you would compromise [in religion] so they would compromise [also]} (3:118), meaning they wished you would fall into severe harm.

There are two interpretations of ʿanat:

1. First View (Majority): Intense sexual desire (shabaq) and overwhelming lust may drive a person to adultery, leading to punishment in this world and severe torment in the Hereafter. This is the ʿanat.
2. Second View: Intense desire may lead to severe illnesses, such as uterine constriction in women or hip/back pain in men.

The majority favor the first view as it aligns better with the context of Quranic exposition.

Regarding: {But if you are patient, it is better for you}

There are two issues:

This means that leaving the marriage of slave girls—even after fulfilling the three conditions (inability to marry a free woman, fear of ʿanat, and the slave girl being a believer)—is better, due to the inherent disadvantages we previously mentioned.

Abu Hanifa holds that engaging in marriage is superior to engaging in supererogatory acts (nawāfil). If his school maintains that marriage in general (whether to a free woman or a slave girl) is superior to supererogatory acts, then this verse is explicit proof against their position, as it suggests patience (i.e., remaining celibate) is better than marrying a slave girl. If they argue that marrying a slave girl is not superior to supererogatory acts, then this verse does not serve as proof against them. (This distinction was not found in their books, Almighty knows best.)

Finally, Allah concludes the verse with {And Allah is Forgiving and Merciful}. This confirms the preference for abandoning this type of marriage. It implies that although there are factors that might prevent this discussion (i.e., the inherent flaws of marrying a slave girl), Allah permitted it for you due to your need, and this permission is an act of forgiveness and mercy.