Al-Ahzab: 50
{Their dowries (ujūrahunna)}: Their bridal gifts (muhūr), for the dowry is a compensation (ajr) for the private parts.
{And giving them (ītā’uhā)}: This means either giving them immediately, or stipulating and naming them in the contract.
If you ask: Why did He say, "O Prophet, We have made lawful to you..." and "what Allah has bestowed upon you" and "those who emigrated with you"? What is the benefit of these specifications?
I say: Allah has chosen for His Messenger the best and most appropriate, and favored him with the purest and most refined, just as He singled him out with other unique characteristics.
- Naming the dowry in the contract is better than leaving it unnamed, even if the contract is valid without it (where he may have intercourse and owe the dowry of a peer if he consummates, or a gift if he does not).
- Providing the dowry immediately is better than delaying it; this was the custom and Sunnah of the predecessors.
- Captives (Saby): A captive taken by her owner, or won by his sword and spear, or taken as spoils of war from the Abode of War (Dār al-Harb), is more lawful and pure than what is purchased from the marketplace.
- Types of Captivity: There is "pure" captivity and "impure" captivity. Pure captivity is that which is taken from the people of war. Those who have a treaty are "impure" captives. This is indicated by the phrase "what Allah has bestowed upon you (fay’)," for fay’ is only used for the pure, not the impure, just as "Allah’s provision" must be used for the lawful, not the forbidden.
- Emigration: Those who emigrated with the Messenger of Allah (peace be upon him) from among his non-mahram relatives are superior to those who did not emigrate with him.
Regarding Umm Hani, daughter of Abu Talib: She said, "The Messenger of Allah (peace be upon him) proposed to me, but I excused myself, and he accepted my excuse. Then Allah revealed this verse. I was not lawful for him because I did not emigrate with him; I was among the Tulaqa (those freed at the conquest of Mecca)."
{And We have made lawful for you...}: This refers to the woman who offers herself to you without requesting a dowry from the believing women, if that occurs. It is indefinite because it is a rare occurrence. There is disagreement on whether this happened:
- Ibn Abbas: No one was with the Messenger of Allah (peace be upon him) through this "gift" (hibah).
- Others: There were four: Maymunah bint al-Harith, Zaynab bint Khuzaymah (Umm al-Masakin), Umm Sharik bint Jabir, and Khawlah bint Hakim.
Grammatical notes:
- {If she offers (in wahabat)}: Read as a conditional.
- Al-Hasan: Read ‘āna (with a fathah), as a causal particle implying the omission of the lam. It may also be an infinitive (masdar) with an implied time, like saying "sit as long as Zayd is sitting."
- Ibn Mas’ud: Read without the word an.
If you ask: What is the meaning of the second condition ("if you desire") alongside the first ("if she offers")?
I say: It is a restriction. The lawfulness requires both her offering herself and your desire to marry her, for your desire is the acceptance of the gift and the means by which it is completed.
If you ask: Why did He shift from the second-person address to the third-person ("for the Prophet," "if the Prophet desires") and then back to the second?
I say: To signal that this is a unique privilege granted to him. Using the title "the Prophet" emphasizes that this distinction is an honor due to his Prophethood.
Regarding the legal rulings:
- Abu Hanifah used this as evidence that a marriage contract can be concluded using the word "gift" (hibah), as the Messenger and his nation are equal in rulings unless specified otherwise.
- Al-Shafi’i said it is not valid, as the Messenger was uniquely singled out in both the meaning and the word "gift."
- Al-Karkhi argued that a marriage contract using the word "lease" (ijarah) is valid based on this verse.
- Abu Bakr al-Razi disagreed, noting that a lease is temporary while marriage is permanent; they are contradictory.
{Exclusively for you (khāliṣatan)}: An emphatic infinitive (masdar), meaning the lawfulness is "purely" for you.
{We know what We have made obligatory upon them...}: This is a parenthetical sentence. It means Allah knows what must be imposed on the believers regarding wives and slave-girls, and He knows the wisdom in singling out the Messenger of Allah (peace be upon him) for what He has granted him.
{So that there may be no difficulty upon you}: Meaning, so there is no constriction in your religion—since We have singled you out for purity and the best choices—nor in your worldly life, as We have made various types of women lawful for you and added the one who offers herself.
{And Allah is Forgiving, Merciful}: Forgiving to those who fall into difficulty if they repent, and Merciful by providing ease to His servants.
