'In the name of Allah, the Most Gracious, the Most Merciful' His saying, the Exalted: ﴿And whoever among you cannot find the means to marry free believing women, then from what your right hands possess of your believing girls. And Allah knows best your faith; some of you are from others.﴾ Ibn Abbas, Mujahid, Sa'id ibn Jubair, al-Suddi, Ibn Zayd, and Malik ibn Anas in the 'Mudawwana' said: The means here refers to abundance in wealth. Rabi'a and Ibrahim al-Nakha'i said: The means here refers to endurance and patience for whoever loves a female slave and desires her until he is unable to marry anyone else. If he does not possess a desire for her, then he may marry a female slave even if he has the means to marry a free woman. Then His saying, the Exalted: ﴿For whoever fears hardship﴾, in this interpretation indicates the quality of lacking endurance. In the other interpretation, marrying a female slave is conditional upon two things: the lack of means in wealth and fear of hardship; it is not valid except with both conditions being met. This is the text of Malik's school in the 'Mudawwana' from the narration of Ibn Nafi', Ibn al-Qasim, Ibn Wahb, and Ibn Ziyad: that a free man may not marry a female slave unless he does not find the means to pay the dowry of a free woman and fears hardship along with that. Malik said in the book of Muhammad: If he finds the dowry but cannot afford the maintenance, then it is not permissible for him to marry a female slave. Asbagh said: That is permissible, as the maintenance of the female slave is upon her family if he does not bring her to him. Al-Mutarrif and Ibn al-Majishun said: It is not permissible for a free man to marry a female slave. And it is not valid if it occurs, except that both conditions must be met as Allah, the Exalted, said. Asbagh said: And Ibn al-Qasim used to mention that he heard Malik say: The marriage of a female slave is lawful in the Book of Allah, the Mighty and Majestic. Qadi Abu Muhammad, may Allah have mercy on him, said: And it is in the 'Mudawwana'. Sahnun said in another context: That is in His saying, the Exalted: ﴿And marry those among you who are single and the righteous among your male and female slaves.﴾ [An-Nur: 32] Ibn Muzayn said this. Qadi Abu Muhammad, may Allah have mercy on him, said: And there is nothing in the verse that necessitates the permissibility of a female slave for a free man without the two conditions. Malik said in the 'Mudawwana': The free woman does not have a means that prevents the marriage of a female slave if he does not find the means for another and fears hardship. And he said in the book of Muhammad what implies that the free woman is equivalent to the means. Sheikh Abu al-Hasan al-Lakhmi said: And this is the apparent meaning of the Qur'an, and this has been narrated similarly from Ibn Habib, and Abu Hanifa said it. Thus, the implication of this is that whoever has a free woman, it is not permissible for him to marry a female slave, even if he lacks the means and fears hardship, because he is a seeker of desire and has a wife. Al-Tabari also supported this and provided evidence for it. 'Means' can be validly construed as an object of the ability, and 'to marry' can be in the accusative case as a substitute for 'means', or in the accusative case by the estimation of 'to marry'. And there is consideration in this.

It is correct that "طَوْلًا" can be in the accusative as a verbal noun, and the agent in it is the ability, as it means to be ample. And "أنْ يَنْكِحَ" - in this case, it is a verb - with the ability or with the verbal noun. You say: The man has become ample - with the opening of the طاء - if he has favored, found, and expanded his reputation. And طَوْلًا, with the ضم of the طاء, is in contrast to shortness.

"المُحْصَناتِ" - in this context - refers to free women, and this indicates the division between them and maidservants. A group has said: Its meaning is: the chaste ones, and this is weak because maidservants fall under it. The mention of the reading regarding المُحْصَناتِ has already been made, and "المُؤْمِناتِ" is an attribute. As for the one who says about the man who finds طَوْلًا for a free woman of the People of the Book and not for a believer: He refrains from marrying maidservants, then this attribute is not a condition, but it has come because it is the intended purpose of marriage, since the maidservant is a believer. This is the Maliki school, as Ibn al-Majishun stated in the clear text. And whoever says about the man who does not find طَوْلًا except for the People of the Book: He may marry the maidservant if he wishes, then the attribute of المُؤْمِناتِ in the verse is a condition for the permissibility of marrying maidservants, and the matter is disputed as we have mentioned.

"ما" in His saying: ﴿فَمِن ما مَلَكَتْ أيْمانُكُمْ﴾ can be a verbal noun, its estimation being: So from the ownership of your right hands, and it can be intended to refer to the type of what is owned, so it applies to it.

And the girl, although it is linguistically applicable to any young woman, is known in the context of maidservants. And فتىً likewise. And these addresses with the كاف and ميم are general, meaning: Among you are those who marry, and among you are those who own, because a man marries a girl of his own. This linguistic expansion is quite common.

And the مُؤْمِناتُ - in this context - is a condition according to Malik and the majority of his companions, as they say: It is not permissible to marry a non-Muslim maidservant in any way. A group of scholars among them the people of opinion said: The marriage of a maidservant from the People of the Book is permissible, and His saying: "المُؤْمِناتِ" is in the context of the preferable side. They argued by analogy with free women, since His saying: "المُؤْمِناتِ" regarding free women does not prevent marrying free women from the People of the Book, so likewise, His saying: "المُؤْمِناتِ" regarding maidservants does not prevent marrying maidservants from the People of the Book. And Ashhab said in the "Mudawwana": It is permissible for a Muslim slave to marry a maidservant from the People of the Book.

Qadi Abu Muhammad, may Allah have mercy on him, said:

So the prohibition according to him is that the husband should not be preferred in both freedom and religion together.

And His saying, the Exalted: ﴿واللهُ أعْلَمُ بِإيمانِكُمْ﴾ means: That Allah is All-Knowing of the inner matters, and you have their outward appearances. So if the girl has the appearance of faith, then her marriage is valid, and the knowledge of her inner self is with Allah. This is so that a perplexed person does not doubt the faith of some maidservants, like one who has recently been freed from captivity, or like the mute, and what resembles them. And in the wording, there is also a hint that perhaps the faith of a maidservant is better than the faith of some free women, meaning: So do not be amazed by the meaning of freedom.

And His saying: "Some of you are from others," a group said: it is a raising upon the beginning and the news. The intent of this speech is that you, O people, are equal, the children of free women and the children of slaves. The most honored of you in the sight of Allah is the most pious among you. This is a preparation for the souls of the Arabs who used to disdain the offspring of a slave woman. When the legislation came, they were informed that this disdain has no meaning. And Al-Tabari said: it is a raising by an action, the meaning of which is: let those whom your right hands possess marry each other. So in this speech, there is a precedence and a delay, and this statement is weak.

**His saying, the Exalted: ﴿Then marry them with the permission of their guardians and give them their due compensation in a good manner, chaste, not fornicators nor taking secret lovers. And if they should commit unlawful sexual intercourse, then for them is half of what is incumbent upon the free women in punishment. This is for whoever among you fears hardship. But to be patient is better for you. And Allah is Forgiving and Merciful﴾. His saying: "with the permission of their guardians" means: with the authority of their owners. And His saying: ﴿And give them their due compensation﴾ means: their dowries, as said by Ibn Zayd and others. And "in a good manner" means: according to the Shari'ah and the Sunnah. This implies that they have more right to their dowries than the masters. This is the view of Malik, who said in the Book of Mortgages: it is not permissible for the master to take the dowry of his slave woman and leave her without provisions. Sahnun said in the Book of the Muwatta: how is this when he does not provide her with a house? And some of the jurists said: the meaning of what is in the "Muwatta" is that it is conditional upon providing a house, so on this, Sahnun's statement would not be in contradiction.

And "chaste" and what follows it is a state, so it appears that it means chaste women, since other meanings of chastity are distant except for "Muslim women," for that is close. The acting in the state is "Then marry them," and it is possible that "Then marry them with the permission of their guardians" is a complete statement, then it is resumed: and give them their due compensation, married, not fornicators, so the acting would be: "And give them their due compensation," and the meaning of chastity would be: marriage.

And the fornicators are the immoral women, those who are a market for fornication. And those who take secret lovers are those who are concealed, who accompany one man at a time and commit adultery secretly. These two were types in the fornication of the pre-Islamic era, as said by Ibn Abbas, and Amir Al-Sha'bi, and Al-Dhahhak, and others. And also, it is an intellectual division that does not give existence, except that the fornicating woman either does not reject the hand of a toucher, or she is exclusive to whom she confines herself to.

And His saying, glorified and exalted is He: "So when they are protected". Nafi', Ibn Kathir, Abu 'Amr, and Ibn 'Amir read: "protected" in the form of the verb for the object. Hamzah and Al-Kisai read it in the form of the verb for the subject. There is a difference regarding 'Asim. The meaning of the words is that the first reading is with marriage, and the second is with Islam or something else that is of their actions. However, every meaning of them can apply to the other. The interpreters differed on what is meant by protection here. The majority said: It is Islam. So if a Muslim female slave commits adultery, she receives half the punishment of a free woman. Her Islam is her protection mentioned in the verse. A group said: Her protection mentioned in the verse is marriage to a free man. So if a Muslim female slave who has not married commits adultery, there is no punishment upon her. This was said by Sa'id ibn Jubair, Al-Hasan, and Qatadah. Another group said: Protection in the verse is marriage, except that the punishment is obligatory upon the Muslim female slave by the Sunnah, and this is the authentic hadith in Muslim and Al-Bukhari: "It was said: O Messenger of Allah, what about the female slave if she commits adultery and is not protected? He made the punishment obligatory upon her."

Az-Zuhri said: The married woman is punished according to the Qur'an, and the unmarried Muslim woman is punished according to the hadith.

Qadi Abu Muhammad, may Allah have mercy on him, said: This hadith and the question from the companions imply that they understood from the Qur'an that the meaning of "protected" is that they have married. The Prophet's response to that implies the affirmation of the meaning. Whoever wants to weaken the statement of those who said: "It is Islam" - by claiming that the attribute for them by faith has preceded and been established - that is not necessary. It is permissible that one may cut in the speech and add. So if they are in this prior state of faith, then if they commit an immoral act, it is upon them, and that is valid and correct.

And the immoral act here is adultery, as indicated by the obligation of the punishment. And "the protected ones" - in this verse - are free women, as it is the stipulated attribute in the complete punishment, and stoning is not halved. It has not been mentioned in the verse by consensus. Then there was a disagreement. Ibn Abbas and the majority said: For a female slave, it is half of one hundred, nothing more than that. Al-Tabari and a group from the successors said: For a female slave, it is half of one hundred and half of the duration, which is the negation of six months, and the reference of "that" is to the marriage of the female slave.

And 'anata in the language means hardship. A group said: The intended meaning here is adultery. Mujahid said this, and Ibn Abbas said: The one who marries a female slave does not refrain from adultery except rarely. He said: And 'anata is adultery. This was said by Atiyyah Al-Hawfi and Al-Dahhak. A group said: It is sin, and another group said: It is the punishment.

Qadi Abu Muhammad, may Allah have mercy on him, said: The verse accommodates all of that, and everything that causes hardship, both immediately and in the future.

And His saying, exalted is He: "And that you be patient is better for you" means regarding the marriage to female slaves. This was said by Sa'id ibn Jubair, Mujahid, al-Suddi, and Ibn Abbas, may Allah be pleased with them. This is an encouragement to abstain, and its reason is what marriage to female slaves leads to in terms of the enslavement of the child and their profession. This sentence is a beginning and a statement, the meaning of which is: And your patience is better for you. "And Allah is Forgiving" means: for whoever acts and marries.