Al-Kashshaf on An-Nur 24:33

Surah An-Nur 24:33

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ﱕ ﱖ ﱗ ﱘ ﱙ ﱚ ﱛ ﱜ ﱝ ﱞ ﱟ ﱠ ﱡ ﱢ ﱣ ﱤ ﱥ ﱦ ﱧ ﱨ ﱩ ﱪ ﱫ ﱬ ﱭ ﱮ ﱯ ﱰ ﱱ ﱲ ﱳ ﱴ ﱵ ﱶ ﱷ ﱸ ﱹ ﱺ ﱻ ﱼ ﱽ ﱾ ﱿ ﲀ ﲁ ﲂ ﲃ ﲄ ﲅ ﲆ ﲇ ﲈ

But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands possess - then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them], after their compulsion, Forgiving and Merciful.

{وليستعفف} Let them strive for chastity and self-restraint. It is as if the one seeking chastity is demanding it from his own soul and compelling it to act accordingly.

{لا يجدون نكاحا} Meaning: the ability to marry. It is also permissible that "marriage" here refers to the wealth with which one marries.

{حتى يغنيهم الله} This is a promise of hope for those seeking chastity, a precursor to the promise of being favored with wealth. This anticipation and hope serve as a kindness to them in their struggle for chastity and a source of strength for their hearts. It demonstrates that His bounty is more fitting for the chaste and closer to the righteous. How excellent is the order of these commands: first, He commanded what protects against temptation and keeps one away from falling into sin, which is the lowering of the gaze; then, marriage, which fortifies religion and provides sufficiency through the lawful instead of the unlawful; then, compelling the soul that commands evil to turn away from the ambition of lust when one is unable to marry, until one is granted the ability to do so.

{والذين يبتغون} This is in the nominative case as an initial subject (mubtada’), or in the accusative case governed by an implied verb explained by {فكاتبوهم} (e.g., "As for those who seek, then write a contract with them"). The fa is included because it implies a conditional meaning.

Kitaba (writing a contract) and Mukataba are like ‘itab (blaming) and Mu‘ataba (mutual blaming). It is when a man says to his slave: "I have contracted with you for a thousand dirhams; if you pay it, you are free." Its meaning is: "I have written for you upon myself that you shall be free from me if you fulfill the payment, and you have written for me upon yourself that you will fulfill it." Or: "I have written upon you the fulfillment of the wealth, and you have written upon me the manumission."

According to Abu Hanifa (may Allah be pleased with him), it is permissible whether immediate or deferred, in installments or not, because Allah did not specify installments, and by analogy to other contracts. According to Al-Shafi‘i (may Allah be pleased with him), it is not permissible unless it is deferred and in installments. He does not permit a single payment because the slave owns nothing; thus, an immediate contract would prevent the purpose from being achieved, as he cannot pay the amount immediately. It is permissible to contract for a small or large amount, for service over a known period, or for a specific, timed task—such as digging a well of specific dimensions or building a house with known materials. If he contracts for its value, it is not permissible. If he pays it, he is free. If he contracts for a slave, it is permissible due to the lack of uncertainty, and the average quality is required. He may not have intercourse with the mukataba (female slave under contract). When he pays, he is free, and his wala’ (patronage) belongs to his master, because the master bestowed upon him the earnings which were originally his.

This command is for recommendation (nadb) according to the majority of scholars. Al-Hasan said: It is not a firm command; if he wishes, he contracts, and if he wishes, he does not. Umar (may Allah be pleased with him) said: It is one of the firm commands of Allah. Ibn Sirin and Dawud held the same view.

{خيرا} Meaning: the ability to pay what they are contracting for. It is also said: honesty and the ability to earn. Salman (may Allah be pleased with him) said to a slave of his who sought a contract: "Do you have wealth?" He said: "No." He replied: "Do you want me to eat the washings of people's hands?"

{وءاتوهم} A command to the Muslims, in the sense of obligation, to assist those in mukataba and give them the share Allah has assigned them from the public treasury (Bayt al-Mal), as in His saying: {And for the necks} (Al-Baqarah: 177; Al-Tawbah: 60), according to Abu Hanifa and his companions.

If you ask: Is it lawful for his master, if he is wealthy, to take what was given to him as charity? I say: Yes. Likewise, if the charity does not cover the full amount and he is unable to pay the remainder, it is lawful for the master to take what he took, because he did not take it by reason of the charity, but by reason of the mukataba contract—like one who buys charity from a poor person, inherits it, or is gifted it. This is like the Prophet’s (peace be upon him) statement regarding Barirah: "It is charity for her, and a gift for us."

According to Al-Shafi‘i, it is an obligation upon the masters to deduct a portion of the contract amount for them. If they do not, they are compelled to do so. Ali (may Allah be pleased with him) said: A quarter should be deducted for him. Ibn Abbas said: Something should be given to him from his contract. Umar (may Allah be pleased with him) contracted with a slave of his named Abu Umayyah—the first slave to be contracted in Islam—and when he brought the first installment, Umar gave it back to him and said: "Use this to help with your contract." He said: "If you had delayed it until the last installment?" Umar said: "I fear I will not live to see that." According to Abu Hanifa, this is by way of recommendation, as it is a contract of exchange and one cannot be forced to deduct, like in a sale. It is also said that {وءاتوهم} means: lend them. Or: spend on them after they pay and are freed. All of this is recommended.

It is reported that Huwaytib ibn ‘Abd al-‘Uzza had a slave named Al-Subayh who asked his master to contract with him, but he refused, so this verse was revealed. The slave girls of the Jahiliyyah used to earn for their masters. Abdullah ibn Ubayy, the head of the hypocrites, had six slave girls whom he forced into prostitution and imposed taxes upon them. Two of them complained to the Messenger of Allah (peace be upon him), and this was revealed.

Al-Fata and Al-Fatah are used as euphemisms for the male and female slave. In the Hadith: "Let one of you say 'my fata and my fatah', and not say 'my slave and my slave girl'." Al-Bagha’ is the verbal noun of al-baghi (prostitution).

If you ask: Why did He insert the phrase {إن أردن تحصنا} (if they desire chastity)? I say: Because compulsion cannot occur except when there is a desire for chastity. One who commands a woman who is willing and compliant to prostitution is not called a "compeller," nor is his command "compulsion." The word {إن} (if) is used instead of {إذا} (when) to indicate that the slave girls who were earning were doing so with desire and willingness, and that what was found in the case of Mu‘adhah and Musaykah was an exception.

{غفور رحيم} For them (the masters) or for them (the slave girls), or for both if they repent and reform. In the reading of Ibn Abbas: {لهن غفور رحيم} (For them [the women], He is Forgiving, Merciful).

If you ask: There is no need to attach forgiveness to them, because a woman compelled to adultery is different from one who is not, in that she is not sinful. I say: Perhaps the compulsion was less than what the Shari‘ah considers compulsion—such as compulsion by threat of death, or fear of destruction, or loss of a limb, or severe beating—such that she would be free of sin. Perhaps it fell short of the threshold that excuses her, and thus she would be sinful.

Tafsir of An-Nur 24:33

Al-Kashshaf

{وليستعفف} Let them strive for chastity and self-restraint. It is as if the one seeking chastity is demanding it from his own soul and compelling it to act accordingly.

{لا يجدون نكاحا} Meaning: the ability to marry. It is also permissible that "marriage" here refers to the wealth with which one marries.

{غفور رحيم} For them (the masters) or for them (the slave girls), or for both if they repent and reform. In the reading of Ibn Abbas: {لهن غفور رحيم} (For them [the women], He is Forgiving, Merciful).

{ولقد أنزلنآ إليكم ءايات مبينات ومثلا من الذين خلوا من قبلكم وموعظة للمتقين}