Commentary
And when this was established in this noble manner; it was known that it is all concerning free women; because it is the most correct way in marriage; and he followed it with the teaching of wisdom in marrying female slaves; he said - adding to what you can understand: "This is the ruling for whoever is able to marry a free woman -: ﴿And whoever among you cannot﴾; meaning: O believers; ﴿is able﴾; meaning: with means; and abundance; he expressed previously with wealth; to lessen the burden of giving it by saying that it is inclined; it has no stability; and here with the ability; which we mean: "which few find"; ﴿that﴾; meaning: because ﴿to marry chaste women﴾; meaning: free women; for indeed, the free woman is a source of chastity that makes her like a fortress against the one who desires corruption; because the Arabs used to protect them; and they would protect themselves from being like female slaves; ﴿believing women﴾; due to the abundance of maintenance; and the high dowry; ﴿So from﴾; meaning: let him marry; if he wishes; from ﴿what your right hands possess﴾; meaning: from what is owned by others among the believers; ﴿from your female slaves﴾; meaning: your female slaves; and youth was referred to - (p-236) and it is the young - as the one who does what the young do; due to the master's assignment to him for service; and the lack of respect for him; even if he is old; then he clarified the intended meaning by addition; he said: ﴿believing women﴾; meaning: not from the free disbelieving women; nor from what you own of disbelieving female slaves; nor from what the disbelievers own; cautioning against mixing with a disbeliever; fearing fitnah - as mentioned in "Al-Baqarah"; and so that the Muslim child does not fall under the ownership of a disbeliever due to the status of his mother in slavery; this is what the phrase implies; but they said: indeed, the restriction of chaste women to believing women has no meaning; otherwise, the marriage of a free woman from the People of the Book, which is permitted by the verse of "Al-Ma'idah"; would be conditional upon the contract of a Muslim woman; whether she is free or a slave; and this was not stipulated; and the Shafi'i school holds that it is not permissible to marry a female slave when one is able to marry a free woman from the People of the Book; and the apparent benefit of the restriction is to encourage distancing from disbelievers; so none of them should be married except out of necessity; so this surah of connection; has excluded the people of distancing; and "Al-Ma'idah"; is the surah of the completion of religion; for it mentioned what is permissible for its people; so there is no harm in the restriction; because the meaning cannot withstand opposition to the stated meaning with what is in it of the benefit of encouraging abandonment; and this is as the restriction of chastity here is to encourage not marrying prostitutes; while it is permissible by the verse of "An-Nur": ﴿And marry those who are single among you﴾ [An-Nur: 32]; as will be explained there; if Allah wills (the Exalted). (p-237) And when he conditioned faith in this marriage; and expressed it with description; and it was a matter of the heart; which only Allah knows the reality of; he followed it by stating that it suffices in it with the apparent; he said: ﴿And Allah﴾; meaning: the One who has complete knowledge of information and decrees; ﴿knows your faith﴾; perhaps the weakness of someone's faith appears; while the inner is contrary; but in expressing it; and with the description; not with action; there is guidance to increase caution regarding religion: "So strive for that which is of religion; may your hands be dusted"; and when religion was conditioned, it was as if it was said: "What about lineage?"; so it was indicated that it is not a condition; by his saying: ﴿Some of you are from others﴾; meaning: all of you are from Adam; even if you have branched out after him; ﴿So marry them﴾; meaning: on the condition of inability; ﴿with the permission of their guardians﴾; meaning: from their guardians; and it is not permissible to marry them without their permission.
And when it is clear that the master who owns the neck is primarily the owner of the benefit; the command to pay the dowries to them is beneficial for urging the master to fulfill it without implying that they own it; while they do not own themselves; for this reason, Allah, the Exalted, said: ﴿And give them their wages﴾; and it is the dowries; ﴿in a good manner﴾; meaning: without harm; neither upon you; nor upon them; nor upon their families; while they are ﴿chaste﴾; meaning: chaste in themselves; or by safeguarding their masters; ﴿not engaging in illicit sexual relations﴾; meaning: openly committing adultery for anyone who wishes; not for a specific person; ﴿nor taking secret lovers﴾; meaning: secret companions for adultery; specified; the one who has a companion does not go beyond her companion to another; Al-Asbahani said: and the companion is the one who is with you in every apparent and hidden matter.
And when the limit of the female slaves was not previously stated, He said - clarifying it -: ﴿So if they are chaste﴾; built on the subject in the reading of Hamzah; and Al-Kisai; and Abu Bakr from Asim; and the passive form in the reading of the others; meaning: they have moved from the realm of being exposed to adultery by coercion; to the realm of free women; by safeguarding their private parts due to their aversion to adultery; or their masters safeguarding them with their consent for chastity; and Al-Shafi'i said in the beginning of
And when it was as if it was said: Is this for every person unable to marry a free woman? The answer to this question was resumed by His saying - glorified and exalted is He - indicating by the tool of distance that it is something that should not be approached: ﴿That﴾; meaning: the permissibility of marrying female slaves, which should be kept at a distance; ﴿for whoever fears falling into sin﴾; meaning: falling into adultery; which necessitates sin; which leads to destruction (p-240) by punishment in this world; and the Hereafter; due to the great urge to marry; and the difficulty of being patient about it; they said: And the origin of 'anata' is the breaking of a bone after it has been set; so it was borrowed for every hardship and harm; Al-Asbahani said: And it was said that severe lust; and great desire may lead a person to severe diseases; as for women, it may lead to the suffocation of the womb; and as for men, it may lead to pain in the hips and back; and since this alleviation and facilitation is specific to the believers among us; it was restricted by His saying: ﴿from you﴾.
And when He clarified its permissibility; and indicated to stay away from it; due to what it contains of enslaving the child; He explicitly urged to restrain oneself from it; so He said: ﴿And that you be patient﴾; meaning: from marrying them; remaining chaste; ﴿is better for you﴾; meaning: so that you are not reproached because of them; or your children are enslaved from them; then He followed that by affirming it for those of insight and determination in a context indicating the removal of hardship; so He said: ﴿And Allah﴾; meaning: He who has glory and honor; ﴿is Forgiving﴾; meaning: for whoever does not have patience; and forgiveness indicates a type of shortcoming; ﴿and Merciful﴾; meaning: acting with mercy towards you by permitting the fulfillment of your desire; and kindness in what follows that from the prohibited.
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