'In the name of Allah, the Most Gracious, the Most Merciful' His saying, exalted is He: "In this world and the Hereafter. And they ask you about the orphans. Say, 'Improvement for them is best. And if you mix with them, they are your brothers. And Allah knows the corruptor from the reformer. And if Allah had willed, He would have burdened you. Indeed, Allah is Exalted in Might and Wise." "And do not marry polytheist women until they believe. And a believing slave woman is better than a polytheist woman, even though she pleases you. And do not marry polytheist men until they believe. And a believing slave is better than a polytheist, even though he pleases you. Those invite you to the Fire, but Allah invites to Paradise and forgiveness by His permission. And He makes clear His verses to the people that perhaps they may remember." His saying, before: "In this world" is the beginning of a verse, and its connection has preceded. And the fact that "you reflect" is a position that strengthens the connection of "in this world" with "the verses." And Tawus read: "Say, 'Improvement for them is best.'" The reason for the verse, according to what Al-Suddi and Al-Dahhak said, is that the Arabs had the custom of avoiding the wealth of the orphan, and they would not mix with him in food or drink or anything, so that was a hardship for them. They asked about it the Messenger of Allah, blessings and peace be upon him. Ibn Abbas and Sa'id ibn al-Musayyib said: The reason for it is that the Muslims, when the verse "And do not approach the wealth of the orphan" [Al-An'am: 152] was revealed, and the verse "Indeed, those who consume the wealth of orphans unjustly" [An-Nisa: 10] was revealed, they avoided the orphans and their wealth, and isolated them from themselves. Then the verse "And if you mix with them, they are your brothers" was revealed. It is said that the questioner was Abdullah ibn Rawaha, and Allah, exalted is He, commanded His Prophet to respond that whoever intends to reform the wealth of the orphan is best, and what is done after this intention of mixing and being generous with it is not a problem. And Allah, exalted is He, lifted the hardship in avoiding the orphan and his food and drink, and permitted mixing in that, if the intention is reform and kindness to the orphan. An example of that is that the orphan may suffice - without mixing - with what is in the month. If the mixing of the guardian leads to an increase in that amount, it is mixing of corruption, and if it leads to a reduction of that amount, it is mixing of reform. And His saying, exalted is He: "And they are your brothers" is a report of a beginning that is omitted. And His saying, "And Allah knows the corruptor from the reformer" is a warning. The burden is hardship, from it is the hardship of the unmarried, and a difficult obstacle. Meaning: to burden you in avoiding the matter of the orphans, but He has lightened it for you. Ibn Abbas said: The meaning is to ruin you by what has passed of your taking from the wealth of the orphans. And "Exalted in Might" means His command cannot be rejected, and "Wise" means what He executes is well-ordered. And His saying, exalted is He: "And do not marry polytheist women until they believe" is the verse. The majority of the people read: "you marry" with a fathah on the ta, and it was read in a rare way with a dammah as if the one marrying has married her from himself. And the root of marriage is sexual intercourse, and it is used in marriage by extension and broadening. A group said: "The polytheists" here refers to those who associate another deity with Allah, so the Jewish and Christian women do not fall under the wording of this verse nor its meaning.

And its reason is the story of Abu Marthad Kinaz ibn Husayn with the female slave that was in Mecca. And Qatadah and Sa'id ibn Jubayr said: The wording of the verse is general for every disbeliever, and what is meant by it is specific, that is, excluding the People of the Book. The specificity is clarified by the verse of Al-Ma'idah, and it has never included the People of the Book.

And Ibn Abbas and Al-Husayn said: The generality encompasses them, then the verse of Surah Al-Ma'idah abrogated some of the generality regarding the People of the Book. This is the position of Malik, may Allah have mercy on him. Ibn Habib mentioned it.

And he said: The marriage to a Jewish or Christian woman, even though Allah has made it lawful, is considered burdensome and blameworthy. Malik, may Allah have mercy on him, disliked the marriage to women of war due to the reason of leaving the children in the land of war, and for them to be directed towards wine and pork. Umar ibn Al-Khattab, Uthman ibn Affan, Jabir ibn Abdullah, Talhah, Ata ibn Abi Rabah, Ibn Al-Musayyib, Al-Hasan, Tawus, Ibn Jubayr, Al-Zuhri, Al-Shafi'i, and the common people of Medina and Kufa permitted the marriage to the People of the Book. Among them are Malik, Al-Shafi'i, Abu Hanifah, Al-Awza'i, and Ishaq regarding the marriage to the Magians. And Ibn Hanbal said: I do not find it pleasing. It has been narrated that Hudhayfah ibn Al-Yaman married a Magian woman. And Ibn Al-Fassar said: Some of our companions said: It is obligatory - according to one of the two opinions that they have a scripture - that their marriage is permissible. And Ibn Abbas said in some of what has been narrated from him: The verse is general for polytheists, Magians, and People of the Book, and everyone who is not upon Islam is forbidden.

The judge Abu Muhammad, may Allah have mercy on him, said:

So according to this, it abrogates the verse in Surah Al-Ma'idah, and this is supported by the saying of Ibn Umar in Al-Muwatta: "And I do not know of a greater association than for a woman to say that her Lord is Jesus."

And it has been narrated from Umar that he separated between Talhah ibn Ubaydullah and Hudhayfah ibn Al-Yaman and two People of the Book, and they said: We will divorce, O Commander of the Believers, and do not be angry. He said: If your divorce was permissible, then your marriage would be permissible, but I separate between you due to the smallness of a speck of dirt. And this is not well-supported. It has been narrated that Umar intended to separate between them, and Hudhayfah said to him: Do you claim that it is forbidden? Then let her go free, O Commander of the Believers? He said: I do not claim that it is forbidden, but I fear that you will engage with the prostitutes among them. And it has been narrated from Ibn Abbas similarly.

And His saying, the Most High: ﴿And a believing female slave﴾ is a declaration that a believing female slave is better than a polytheist, even if she has lineage and wealth, and even if she pleases you in beauty and other than that. This is the saying of Al-Tabari and others.

And Al-Suddi said: "It was revealed concerning Abdullah ibn Rawahah; he had a black female slave and he struck her in anger, then he regretted it and came to the Prophet, blessings and peace be upon him, and informed him and said: She fasts, prays, and bears witness to the two testimonies. The Messenger of Allah, blessings and peace be upon him, said: 'This is a believer.' Then Ibn Rawahah said: I will free her and marry her, and he did. Some people criticized him, and the verse was revealed concerning him."

And Malik - may Allah have mercy on him - does not permit the marriage to a woman of the People of the Book. Ashhab said in the book of Muhammad regarding one who has embraced Islam and has a female slave from the People of the Book: He does not differentiate between them. Ibn Wahb and others narrated from Malik that a Magian female slave is not permissible to be taken in possession by right hand ownership.

And Abu Hanifah and his companions permit the marriage to female slaves from the People of the Book.

And His saying, the Most High: ﴿And do not marry the polytheists until they believe﴾. The community has agreed that a polytheist does not have relations with a believing woman in any way, due to the disgrace that this brings to the religion of Islam. The readers are in agreement to include the 'taa' in "do not marry."

Some scholars said: The guardianship in marriage is a text in the wording of this verse. And a believing slave is better than a noble polytheist, even if his beauty and wealth impress you, as has been previously mentioned.

And the preference here is not in the word "better" from the aspect of faith alone, because there is no sharing in the aspect of faith. However, the sharing exists in companionship, association, and the ownership of the bond, and other matters. This view aligns with the school of Sibawayh that the comparative form 'af'al, which is for preference, is not valid where there is no sharing. Like your saying: The snow is colder than fire, and the light is brighter than darkness.

Al-Farra' and a group of the Kufans said: The comparative form 'af'al is valid where there is sharing, and where there is no sharing. And Makki narrated from Niftawayh that the term of preference comes in the speech of the Arabs affirming the first and negating the second.

Qadi Abu Muhammad - may Allah have mercy on him - said: The verse can be understood by me that the mention of the slave and the female slave is an expression for all people, free and owned, as he - blessings and peace be upon him - said: "Do not prevent the female servants of Allah from the mosques of Allah," and as we believe that all are (p-542) slaves of Allah, and as He, the Most High, said: ﴿Excellent is the servant; indeed, he was returning in repentance﴾ [Sad: 30]. So it is as if the speech in this verse is "and for a woman and for a man."

And His saying, the Most High: "Those" refers to the polytheist women and polytheists, meaning that their companionship and association lead to a decline in many of their desires along with their upbringing of offspring. All of this is a call to the Fire, while being safe from calling to his religion explicitly in his wording. And Allah, the Most High, bestows guidance and clarifies the verses, and urges towards the acts of obedience which are all calls to Paradise. And Al-Hasan ibn Abi Al-Hasan read: "and forgiveness" with a raising in the beginning.

And permission: knowledge and empowerment. If something is added to that, it is stronger than permission, because if you say: I permitted such and such, it does not necessitate that you commanded. And "perhaps they" is a hope regarding mankind, and whoever remembers; acts according to the remembrance and is saved.