If one of you cannot afford to marry a believing gentlewoman (let him marry) a maid who is a believer. God is aware of your faith: The one of you is of the other; so marry them with the consent of their people, and give them an appropriate dowry. They are women (seeking) wedlock, and not lechery, nor secretly looking for paramours. But if they are married and guilty of adultery, inflict on them half the punishment (enjoined) for gentlewomen. This is for those who are afraid of doing wrong. In case they can wait, it is better for them. God is forgiving and kind.
And whoever among you does not have in marriage free, believing women due to poverty, should marry from the believing bondwomen you own; and Allah knows well your faith; you are from one another; therefore marry them with the permission of their masters, and give them their bridal money according to custom, they becoming (faithful) wives, not committing mischief or secretly making friends; so when they are married and commit the shameful, for them is half the punishment prescribed for free women; this is for one among you who fears falling into adultery; and to practice patience is better for you; and Allah is Oft Forgiving, Most Merciful.
Any one of you who has not the affluence to be able to marry believing freewomen in wedlock, let him take believing handmaids that your right hands own; God knows very well your faith; the one of you is as the other. So marry them, with their people's leave, and give them their wages honourably as women in wedlock, not as in licence or taking lovers. But when they are in wedlock, if they commit indecency, they shall be liable to half the chastisement of freewomen. That provision is for those of you who fear fornication; yet it is better for you to be patient. God is All-forgiving, All-compassionate.
And as for those of you who, owing to cir­cumstances, are not in a position to marry free believing women, [let them marry] believing maidens from among those whom you rightfully possess. And God knows all about your faith; each one of you is an issue of the other. Marry them, then, with their people's leave, and give them their dowers in an equitable manner - they being women who give themselves in honest wedlock, not in fornication, nor as secret love-companions. And when they are married, and thereafter become guilty of immoral conduct, they shall be liable to half the penalty to which free married women are liable. This [permission to marry slave-girls applies] to those of you who fear lest they stumble into evil. But it is for your own good to persevere in patience [and to abstain from such marriages]: and God is much-forgiving, a dispenser of grace.
And whosoever of you has not ampleness of means that he may wed free believing women, let him wed such of the believing bondswomen as the right hands of you people own. And Allah noweth well your belief, ye are one from the other. O Ye may wed them then, with the leave of their owners, and give them their dowers reputably as properly wedded women, not as fornicateresses, nor as those taking to themselves secret paramours. And when they have been wedded, if they commit an indecency, on them the punishment shall be a moiety of that for free wedded women. This is for him among you, who dreameth perdition; and that ye should abstain is better for you, and Allah is Forgiving, Merciful.
And whoever of you have not the means wherewith to wed free, believing women, they may wed believing girls from among those (captives and slaves) whom your right hands possess, and Allah has full knowledge about your Faith, you are one from another. Wed them with the permission of their own folk (guardians, Auliya' or masters) and give them their Mahr according to what is reasonable; they (the above said captive and slave-girls) should be chaste, not adulterous, nor taking boy-friends. And after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practise self-restraint, and Allah is Oft-Forgiving, Most Merciful.
If any of you lack the means to marry free believing women, he may marry one of the believing maids under your control. God is well aware of your faith. You are from one another. Marry them with the permission of their guardians, and give them their recompense fairly—to be protected—neither committing adultery, nor taking secret lovers. When they are married, if they commit adultery, their punishment shall be half that of free women. That is for those among you who fear falling into decadence. But to practice self-restraint is better for you. God is Most Forgiving, Most Merciful.
And those of you who cannot afford to marry free, believing women (muhsanat), then marry such believing women whom your right hands possess. Allah knows all about your faith. All of you belong to one another. Marry them, then, with the leave of their guardians, and give them their bridal-due in a fair manner that they may live in the protection of wedlock rather than be either mere objects of unfettered lust or given to secret love affairs. Then if they become guilty of immoral conduct after they have entered into wedlock, they shall be liable to half the penalty to which free women (muhsanat) are liable. This relaxation is for those of you who fear to fall into sin by remaining unmarried. But if you persevere, it is better for you. Allah is All-Forgiving, All-Compassionate.
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, and Allah has full knowledge about your faith, you are one from another. Wed them with the permission of their own folk (guardians) and give them their due in a good manner; they should be chaste, not fornicators, nor promiscuous. And after they have been taken in wedlock, if they commit Fahishah, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.
And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess. Allah knoweth best (concerning) your faith. Ye (proceed) one from another; so wed them by permission of their folk, and give unto them their portions in kindness, they being honest, not debauched nor of loose conduct. And if when they are honourably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case). This is for him among you who feareth to commit sin. But to have patience would be better for you. Allah is Forgiving, Merciful.
As for those of you who cannot afford to marry faithful free women, then [let them marry] from what you own, from among your faithful slave-women. Your faith is best known [only] to Allah; you are all [on a] similar [footing]. So marry them with their masters’ permission, and give them their dowries in an honourable manner—[such of them] as are chaste women, not licentious ones or those who take paramours. But should they commit an indecent act on marrying, there shall be for them [only] half the punishment for free women. This is for those of you who fear falling into fornication; but it is better that you be continent, and Allah is all-forgiving, all-merciful.
If any one of you do not have the affluence to be able marry free believing women, (let him marry) from among the believing women that your right hand owns. Allah knows best your belief, you are from each other. Marry them with the permission of their people and give them their wages (dowry) honorably being women in marriage and chaste, not taking lovers. If, after marriage they commit adultery, they shall be liable to half the punishment of a married (free) woman. That is for those of you who fear fornication, but it is better for you to be patient. Allah is the Forgiver, the Most Merciful.
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful.
If any of you do not have the means to marry a chaste believing woman, marry your believing slave-girls. God knows best about your faith. You have the same faith. Marry them with the permission of their masters and if they are chaste and have avoided fornication and amorous activities, give them their just dowries. If after marriage they commit adultery, they should receive half of the punishment of a free woman who has committed the same crime. This is for those who fear falling into evil. It is better for you to have self-control. God is All-forgiving and All-merciful.
And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful.
Waman lam yasta<u>t</u>iAA minkum <u>t</u>awlan an yanki<u>h</u>a almu<u>hs</u>an<u>a</u>ti almumin<u>a</u>ti famin m<u>a</u> malakat aym<u>a</u>nukum min fatay<u>a</u>tikumu almumin<u>a</u>ti wa<b>A</b>ll<u>a</u>hu aAAlamu bieem<u>a</u>nikum baAA<u>d</u>ukum min baAA<u>d</u>in fa<b>i</b>nki<u>h</u>oohunna bii<u>th</u>ni ahlihinna wa<u>a</u>toohunna ojoorahunna bi<b>a</b>lmaAAroofi mu<u>hs</u>an<u>a</u>tin ghayra mas<u>a</u>fi<u>ha</u>tin wal<u>a</u> muttakhi<u>tha</u>ti akhd<u>a</u>nin fai<u>tha</u> o<u>hs</u>inna fain atayna bif<u>ah</u>ishatin faAAalayhinna ni<u>s</u>fu m<u>a</u> AAal<u>a</u> almu<u>hs</u>an<u>a</u>ti mina alAAa<u>tha</u>bi <u>tha</u>lika liman khashiya alAAanata minkum waan ta<u>s</u>biroo khayrun lakum wa<b>A</b>ll<u>a</u>hu ghafoorun ra<u>h</u>eem<b>un</b>
If any of you cannot afford to marry a free believing woman let him marry one of his believing maids whom he possesses. God best knows your faith. You are one of another. So marry them with their owner's permission, and give them their dower according to what is fair, neither committing fornication nor taking secret paramours. And if, after they are married, they commit adultery they shall have half the punishment prescribed for a free woman. This is for those of you who fear lest he should fall into sin. But that it is better for you to practise self restraint. God is most forgiving and merciful.
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.
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم بَعْضُكُم مِّنۢ بَعْضٍ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍ وَلَا مُتَّخِذَٰتِ أَخْدَانٍ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ وَأَن تَصْبِرُوا۟ خَيْرٌ لَّكُمْ وَٱللَّهُ غَفُورٌ رَّحِيمٌ
Whoever among you cannot marry a free woman, because he does not have enough wealth, is allowed to marry a believing slave owned by someone else. Allah knows the reality of your faith and your situation, and you are equal in your faith and humanity, so do not look down on marrying them. Marry them with the permission of their owners, and give them their dowries without reducing the amount or delaying it. This is if they are chaste and do not commit sexual offences publicly and do not take lovers secretly. If you marry them and then they have illicit sexual relations, their punishment is half that of a free woman: fifty lashes, and not stoning, which is the punishment for chaste women. Marrying chaste believing slave women is a concession for those who fear falling into illicit sexual relations, and who are not able to marry free women. Patience is preferable to marrying slave women though, so that the children do not become slaves. Allah is Forgiving and Compassionate to those of His servants who repent to Him, and it is from His mercy that He allowed marriage to slaves in the case of not being able to marry free women, for those who fear falling into illicit sexual relations.
Whoever among you cannot marry a free woman, because he does not have enough wealth, is allowed to marry a believing slave owned by someone else. Allah knows the reality of your faith and your situation, and you are equal in your faith and humanity, so do not look down on marrying them. Marry them with the permission of their owners, and give them their dowries without reducing the amount or delaying it. This is if they are chaste and do not commit sexual offences publicly and do not take lovers secretly. If you marry them and then they have illicit sexual relations, their punishment is half that of a free woman: fifty lashes, and not stoning, which is the punishment for chaste women. Marrying chaste believing slave women is a concession for those who fear falling into illicit sexual relations, and who are not able to marry free women. Patience is preferable to marrying slave women though, so that the children do not become slaves. Allah is Forgiving and Compassionate to those of His servants who repent to Him, and it is from His mercy that He allowed marriage to slaves in the case of not being able to marry free women, for those who fear falling into illicit sexual relations.
<p>It is in continuation of the injunctions relating to marriage which have been appearing earlier that the text now takes up the option of marriage with bondwomen who qualify as such under the stipulations of the Shari'ah of Islam. Then, the injunction of Hadd punishment concerning them has been added along since the status of a bondman and bondwoman is different from a free man and a free woman. Detailed explanation follows.</p><p>Commentary</p><p>The word, طَول (taul) in the Qur'anic text signifies power, capability and means. The sense of the verse is that one who does not have the capability or means to marry free Muslim women, can marry Muslim bondwomen. This clearly indicates that one should, as far as possible, marry only a free woman and simply not marry a bondwoman. But, should it be that one has to marry a bondwoman, he should look for a Muslim bondwoman</p><p>This is the very juristic position of Imam Abu Hanifah (رح) according to whom marrying a bondwoman, specially a bondwoman from the people of the Book (Jews or Christians) while having the power and means to marry a free woman, is مکرُوہ makruh (not desirable).</p><p>According to Imam Shafi` i (رح) and other Imams, marrying a bondwoman while having the power and means to marry a free woman is unlawful (haram), and marrying a bondwoman from the people of the Book is absolutely impermissible.</p><p>In short, to avoid marrying a bondwoman is, under all conditions, certainly better for a free man. However, if one has to do so under personal lack of choice, marrying a Muslim bondwoman is better. The reason is that the offspring from a bondwoman becomes automatically bonded to the owner of the bondwoman. Furthermore, there remains the danger that the offspring from the non-Muslim bondwoman could adopt a religion other than Islam following the example of the mother. So, in order to rescue the children from bondage and to ensure that they remain Muslims, it is necessary that the mother of the children should be free. If she is a bondwoman, let her, at the least, be necessarily a Muslim, so that the faith of the child remains secure for future flowering. For this reason, respected scholars have said that marrying a free woman from the people of the Book is, no doubt, correct, but, staying away from doing so is better; and in a time like this, its importance is much too obvious to be emphasized as Jewish and Christian women usually marry Muslim men to influence the husband himself, and his children, into adopting their religion.</p><p>This much established, the text then says: وَاللَّـهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ. It means that Allah is fully aware of your faith, that is, 'Iman or faith is the criterion of precedence. It is very likely that a bondman or bond-woman may be far ahead of free men and women on the scale of faith. Therefore, the option of marriage with a Muslim bondwoman should not be taken as absolutely contemptible. Instead the fact that she has faith in Islam should be appreciated. The expression بَعْضُكُم مِّن بَعْضٍ , appearing at the end, translated here as 'you are similar to each other', means that human beings, free or inbondage, all come from one species, the children of Adam and all were born of only one soul. That one is better than the other depends on 'Iman (faith) and Taqwa (righteous conduct in fear of Allah, the Creator). According to al-Tafsir al-Mazhari, 'these two sentence are there for people to get familiarized with and become acceptance-prone to marriage with bondwomen and get rid of any attitude of contempt for such marriage</p><p>فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَ‌هُنَّ بِالْمَعْرُ‌وفِ , marry them with the permission of their masters and give them their dues): It means that, should they refuse to give permission; the marriage of the bondwoman will not be correct because the bondwoman does not possess the control over her person. The same rule governs the bondman as he too cannot marry without the permission of his master.</p><p>Then it was said that one who marries a bondwoman should pay her mahr (dower) promptly, honestly and gracefully, that is, without hedging and delaying, and making sure that the payment is made in full, and that no trouble is caused to the bondwoman in this matter just because she happens to be a bondwoman. The juristic position taken by Imam Malik (رح) in this connection is that mahr (dower) is the right of the bondwoman. Other Imams say that the master of the bond-woman is the one who shall become the owner of what is received in payment of the dower of the bondwoman.</p><p>مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ (they being bound in marriage, not going for lust, nor having paramours): It means that marriage with Muslim bondwomen should be contracted while they are observers of chastity being neither مُسَافِحَاتٍ "musafihat", that is, open fornicators, nor keepers of clandestine paramours. It may be noted that the text, though refers to the seeking of chaste bondwomen for marriage at this place, yet it is also much better to stay away from marrying a fornicating free woman as well.</p><p>Since this verse has declared that if one cannot afford to marry a free woman, the second option for him is to marry a bondwoman. This also proves that mut'ah (متعہ) is not permissible, because, had mut'ah been permissible, a person who could not afford to marry a free woman could have gone for the easiest alternate by doing mut'ah1 as it would have gratified his sexual desire and, in addition to that, the relative financial burden of this deal would have been much less than that of a regular marriage. Furthermore, the Qur'anic words مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ identify the trait of the bondwomen - an observer of chastity while being bound in marriage and no fornicator. Now, as far as mut'ah is concerned, it is all 'safh', nothing but spillage and rank whoredom. One woman gets used by several men in short spans of time. The offspring, if it comes, cannot be credibly ascribed to anyone. There goes the benefit of procreation. What becomes of the unique reservoir of human strength all such people possess, is simply that the whole thing goes down the drain just to oblige the wanton pursuit of sex.</p><p>1. For details see the commentary (on verse 24) in the previous section.</p><p>فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ : It means that after the bondwomen have been bound in marriage and their observance of chastity has been given a safe cover, if they commit zina, an act of shame, they shall be liable to half of the punishment prescribed for the free women. This refers to unmarried free women. If unmarried free man and woman happen to commit zina, the punishment is one hundred lashes, which appears in Surah An-Nur (24:2). As for the married man and woman committing zina (adultery), the punishment is rajm which is death by stoning. Since this particular punishment cannot be reduced to half, all four Imams agree on the position that the punishment of zina committed by a bondman or bondwoman, married or unmarried, is fifty lashes. The injunction relating to the bondwomen has been mentioned in the present verse, but the question of the bondman too becomes clear from the obvious analogy of the text.</p><p>ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنكُمْ : It means that the permission to marry a bond-woman is for a person who apprehends that he might fall into the sin of fornication.</p><p>وَأَن تَصْبِرُ‌وا خَيْرٌ‌ لَّكُمْ ; (And that you be patient is better for you); that is, if a person, despite the apprehension of falling into zina, exercises restraint and keeps himself morally pure rising above the pull of his sexual desire, then, this state of being is better than that one marries bondwomen.</p><p>وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ (And Allah is Most-Forgiving, Very-Merciful): It means that, no doubt, marrying bondwomen is makruh (not desirable) yet, should one go on to do something in this line, Allah Almighty will still forgive him. Then, He is Very-Merciful too, because He allowed marriage with bondwomen and did not make it totally prohibited.</p><p>Special Note</p><p>Bondmen and bondwomen mentioned in the explanation of the present verse represent the شرعی Shari bondmen and bondwomen. Men and women from among the disbelievers who were taken prisoners during Jihad were given to the Mujahidin as part of the distribution of spoils by the امیر المؤمنین Amir al-Mu` minin, the Chief Executive of Muslims. These prisoners became the bondmen and bondwomen. Their offspring too remained in bondage (with the exception of some cases which appear in due details in books of Fiqh). Today Muslims have forsaken taking up Jihad in the manner prescribed by the Shari'ah of Islam, ignored the demands of their Jihad, have entrusted the options of peace and war in the hands of the enemies of their religion and have themselves become chained to principles and policies which have nothing to do with the Shari'ah of Islam. Since that point of time Muslims departed from the pivot, they ended up being deprived of what was known as a bondman and bondwoman.</p><p>Common domestic servants in our own time are not 'bondmen' and 'bondwomen' because they are free.</p><p>In some parts of the world, children are sold out or enslaved. This is absolutely and totally Haram (forbidden). They do not become 'bondmen' and 'bondwomen' by doing that.</p>
It is in continuation of the injunctions relating to marriage which have been appearing earlier that the text now takes up the option of marriage with bondwomen who qualify as such under the stipulations of the Shari'ah of Islam. Then, the injunction of Hadd punishment concerning them has been added along since the status of a bondman and bondwoman is different from a free man and a free woman. Detailed explanation follows.CommentaryThe word, طَول (taul) in the Qur'anic text signifies power, capability and means. The sense of the verse is that one who does not have the capability or means to marry free Muslim women, can marry Muslim bondwomen. This clearly indicates that one should, as far as possible, marry only a free woman and simply not marry a bondwoman. But, should it be that one has to marry a bondwoman, he should look for a Muslim bondwomanThis is the very juristic position of Imam Abu Hanifah (رح) according to whom marrying a bondwoman, specially a bondwoman from the people of the Book (Jews or Christians) while having the power and means to marry a free woman, is مکرُوہ makruh (not desirable).According to Imam Shafi` i (رح) and other Imams, marrying a bondwoman while having the power and means to marry a free woman is unlawful (haram), and marrying a bondwoman from the people of the Book is absolutely impermissible.In short, to avoid marrying a bondwoman is, under all conditions, certainly better for a free man. However, if one has to do so under personal lack of choice, marrying a Muslim bondwoman is better. The reason is that the offspring from a bondwoman becomes automatically bonded to the owner of the bondwoman. Furthermore, there remains the danger that the offspring from the non-Muslim bondwoman could adopt a religion other than Islam following the example of the mother. So, in order to rescue the children from bondage and to ensure that they remain Muslims, it is necessary that the mother of the children should be free. If she is a bondwoman, let her, at the least, be necessarily a Muslim, so that the faith of the child remains secure for future flowering. For this reason, respected scholars have said that marrying a free woman from the people of the Book is, no doubt, correct, but, staying away from doing so is better; and in a time like this, its importance is much too obvious to be emphasized as Jewish and Christian women usually marry Muslim men to influence the husband himself, and his children, into adopting their religion.This much established, the text then says: وَاللَّـهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ. It means that Allah is fully aware of your faith, that is, 'Iman or faith is the criterion of precedence. It is very likely that a bondman or bond-woman may be far ahead of free men and women on the scale of faith. Therefore, the option of marriage with a Muslim bondwoman should not be taken as absolutely contemptible. Instead the fact that she has faith in Islam should be appreciated. The expression بَعْضُكُم مِّن بَعْضٍ , appearing at the end, translated here as 'you are similar to each other', means that human beings, free or inbondage, all come from one species, the children of Adam and all were born of only one soul. That one is better than the other depends on 'Iman (faith) and Taqwa (righteous conduct in fear of Allah, the Creator). According to al-Tafsir al-Mazhari, 'these two sentence are there for people to get familiarized with and become acceptance-prone to marriage with bondwomen and get rid of any attitude of contempt for such marriageفَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَ‌هُنَّ بِالْمَعْرُ‌وفِ , marry them with the permission of their masters and give them their dues): It means that, should they refuse to give permission; the marriage of the bondwoman will not be correct because the bondwoman does not possess the control over her person. The same rule governs the bondman as he too cannot marry without the permission of his master.Then it was said that one who marries a bondwoman should pay her mahr (dower) promptly, honestly and gracefully, that is, without hedging and delaying, and making sure that the payment is made in full, and that no trouble is caused to the bondwoman in this matter just because she happens to be a bondwoman. The juristic position taken by Imam Malik (رح) in this connection is that mahr (dower) is the right of the bondwoman. Other Imams say that the master of the bond-woman is the one who shall become the owner of what is received in payment of the dower of the bondwoman.مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ (they being bound in marriage, not going for lust, nor having paramours): It means that marriage with Muslim bondwomen should be contracted while they are observers of chastity being neither مُسَافِحَاتٍ "musafihat", that is, open fornicators, nor keepers of clandestine paramours. It may be noted that the text, though refers to the seeking of chaste bondwomen for marriage at this place, yet it is also much better to stay away from marrying a fornicating free woman as well.Since this verse has declared that if one cannot afford to marry a free woman, the second option for him is to marry a bondwoman. This also proves that mut'ah (متعہ) is not permissible, because, had mut'ah been permissible, a person who could not afford to marry a free woman could have gone for the easiest alternate by doing mut'ah1 as it would have gratified his sexual desire and, in addition to that, the relative financial burden of this deal would have been much less than that of a regular marriage. Furthermore, the Qur'anic words مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ identify the trait of the bondwomen - an observer of chastity while being bound in marriage and no fornicator. Now, as far as mut'ah is concerned, it is all 'safh', nothing but spillage and rank whoredom. One woman gets used by several men in short spans of time. The offspring, if it comes, cannot be credibly ascribed to anyone. There goes the benefit of procreation. What becomes of the unique reservoir of human strength all such people possess, is simply that the whole thing goes down the drain just to oblige the wanton pursuit of sex.1. For details see the commentary (on verse 24) in the previous section.فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ : It means that after the bondwomen have been bound in marriage and their observance of chastity has been given a safe cover, if they commit zina, an act of shame, they shall be liable to half of the punishment prescribed for the free women. This refers to unmarried free women. If unmarried free man and woman happen to commit zina, the punishment is one hundred lashes, which appears in Surah An-Nur (24:2). As for the married man and woman committing zina (adultery), the punishment is rajm which is death by stoning. Since this particular punishment cannot be reduced to half, all four Imams agree on the position that the punishment of zina committed by a bondman or bondwoman, married or unmarried, is fifty lashes. The injunction relating to the bondwomen has been mentioned in the present verse, but the question of the bondman too becomes clear from the obvious analogy of the text.ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنكُمْ : It means that the permission to marry a bond-woman is for a person who apprehends that he might fall into the sin of fornication.وَأَن تَصْبِرُ‌وا خَيْرٌ‌ لَّكُمْ ; (And that you be patient is better for you); that is, if a person, despite the apprehension of falling into zina, exercises restraint and keeps himself morally pure rising above the pull of his sexual desire, then, this state of being is better than that one marries bondwomen.وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ (And Allah is Most-Forgiving, Very-Merciful): It means that, no doubt, marrying bondwomen is makruh (not desirable) yet, should one go on to do something in this line, Allah Almighty will still forgive him. Then, He is Very-Merciful too, because He allowed marriage with bondwomen and did not make it totally prohibited.Special NoteBondmen and bondwomen mentioned in the explanation of the present verse represent the شرعی Shari bondmen and bondwomen. Men and women from among the disbelievers who were taken prisoners during Jihad were given to the Mujahidin as part of the distribution of spoils by the امیر المؤمنین Amir al-Mu` minin, the Chief Executive of Muslims. These prisoners became the bondmen and bondwomen. Their offspring too remained in bondage (with the exception of some cases which appear in due details in books of Fiqh). Today Muslims have forsaken taking up Jihad in the manner prescribed by the Shari'ah of Islam, ignored the demands of their Jihad, have entrusted the options of peace and war in the hands of the enemies of their religion and have themselves become chained to principles and policies which have nothing to do with the Shari'ah of Islam. Since that point of time Muslims departed from the pivot, they ended up being deprived of what was known as a bondman and bondwoman.Common domestic servants in our own time are not 'bondmen' and 'bondwomen' because they are free.In some parts of the world, children are sold out or enslaved. This is absolutely and totally Haram (forbidden). They do not become 'bondmen' and 'bondwomen' by doing that.
<h2 class="title">Marrying a Female Slave, if One Cannot Marry a Free Woman</h2><p>Allah said, those who do not have,</p><div class="text_uthmani arabic">مِنكُمْ طَوْلاً</div><p>(the means), financial capability,</p><div class="text_uthmani arabic">أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ</div><p>(Wherewith to wed free believing women) meaning, free faithful, chaste women.</p><div class="text_uthmani arabic">فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ</div><p>(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.</p><div class="text_uthmani arabic">وَاللَّهُ أَعْلَمُ بِإِيمَـنِكُمْ بَعْضُكُمْ مِّن بَعْضٍ</div><p>(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,</p><div class="text_uthmani arabic">فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ</div><p>(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,</p><div class="text_uthmani arabic">«أَيُّمَا عَبْدٍتَزَوَّجَ بِغَيْرِ إِذْنِ مَوَالِيهِ،فَهُوَ عَاهِر»</div><p>(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</p><div class="text_uthmani arabic">«لَا تُزَوِّجِ الْمَرْأَةُ الْمَرْأَةَ، وَلَا الْمَرْأَةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»</div><p>(The woman does not give away another woman, or herself in marriage, for only the adulteress gives herself away in marriage.) Allah's statement,</p><div class="text_uthmani arabic">وَءَاتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ</div><p>(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,</p><div class="text_uthmani arabic">مُحْصَنَـت</div><p>(they should be chaste) means, they are honorable women who do not commit adultery, and this is why Allah said,</p><div class="text_uthmani arabic">غَيْرَ مُسَـفِحَـتٍ</div><p>(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,</p><div class="text_uthmani arabic">وَلاَ مُتَّخِذَاتِ أَخْدَانٍ</div><p>(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.</p><h2 class="title">The Slave Girl's Punishment for Adultery is Half that of a Free Unmarried Woman</h2><p>Allah said,</p><div class="text_uthmani arabic">فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَـحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ</div><p>(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;</p><div class="text_uthmani arabic">وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ</div><p>(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,</p><div class="text_uthmani arabic">فَإِذَآ أُحْصِنَّ</div><p>(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,</p><div class="text_uthmani arabic">نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ</div><p>(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,</p><div class="text_uthmani arabic">ذَلِكَ لِمَنْ خَشِىَ الْعَنَتَ مِنْكُمْ</div><p>(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,</p><div class="text_uthmani arabic">وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللَّهُ غَفُورٌ رَّحِيمٌ</div><p>(but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.)</p>
Marrying a Female Slave, if One Cannot Marry a Free WomanAllah said, those who do not have,مِنكُمْ طَوْلاً(the means), financial capability,أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ(Wherewith to wed free believing women) meaning, free faithful, chaste women.فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ(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.وَاللَّهُ أَعْلَمُ بِإِيمَـنِكُمْ بَعْضُكُمْ مِّن بَعْضٍ(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 بِإِذْنِ أَهْلِهِنَّ(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 عَبْدٍتَزَوَّجَ بِغَيْرِ إِذْنِ 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«لَا تُزَوِّجِ الْمَرْأَةُ الْمَرْأَةَ، وَلَا الْمَرْأَةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»(The woman does not give away another woman, or herself in marriage, for only the adulteress gives herself away in marriage.) Allah's statement,وَءَاتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ(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,مُحْصَنَـت(they should be chaste) means, they are honorable women who do not commit adultery, and this is why Allah said,غَيْرَ مُسَـفِحَـتٍ(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,وَلاَ مُتَّخِذَاتِ أَخْدَانٍ(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 WomanAllah said,فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَـحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ(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 لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ(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,فَإِذَآ أُحْصِنَّ(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,نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ(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 لِمَنْ خَشِىَ الْعَنَتَ مِنْكُمْ(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 تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللَّهُ غَفُورٌ رَّحِيمٌ(but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.)