وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّى يُغْنِيَهُمْ اللَّهُ مِن فَضْلِهِ وَالَّذِينَ يَبْتَغُونَ الْكِتَابَ مِمَّا مَلَكَتْ أَيْمَانُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا وَآتُوهُم مِّن مَّالِ اللَّهِ الَّذِي آتَاكُمْ وَلَا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاء إِنْ أَرَدْنَ َحَصُّنًا لِّتَبْتَغُوا عَرَضَ الْحَيَاةِ الدُّنْيَا وَمَن يُكْرِههُّنَّ فَإِنَّ اللَّهَ مِن بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَّحِيمٌ
Those who cannot find [the means to] marriage should be continent until Allah enriches them out of His grace. As for those who seek an emancipation deal from among your slaves, make such a deal with them if you know any good in them, and give them out of the wealth of Allah which He has given you. Do not compel your female slaves to prostitution when they desire to be chaste, seeking the transitory wares of the life of this world. Should anyone compel them, then after their compulsion Allah is indeed all-forgiving, all-merciful.
EXEGESIS
Lā yajidūna nikāḥan (translated as: cannot find [the means to] marriage): considering the previous verse and what follows it, these means have usually been interpreted as financial means, like in the verse, He who cannot afford (yajid), must fast two successive months (4:92).[1] This could be either by not having enough money for the dowry, or not being able to afford supporting a spouse and family.[2] However, there is no problem in understanding it in other ways as well, such as not having capability to get married,[3] opportunity, or availability of suitable spouse, and so on. Therefore, the verse should not be understood in a limited way.
Wa-lyastaʿfif (be continent) comes from istiʿfāf, which has the same meaning as taʿaffuf, that is to seek ʿiffah (chastity).[4] The verb conveys the struggle of trying to achieve chastity. During that struggle one might fall prey to mistakes and lapses, but that does not mean they should stop seeking the path of purity. God does not command them to be pure, but to seek purity.[5]
Yughniyahum (enriches them) comes from ghināʾ, which means to be needless. This is why one of the names of God is al-ghanī. Because the wealthy man is thought to be not in need of others, he too is called ghanī. While in the previous verse the context related to poverty and the foremost meaning there was of material wealth, in this verse it seems to be used in a more general sense to mean needlessness. It should be referring to having one’s needs for physical and emotional intimacy and romantic partnership fulfilled through marriage.
Kitāb and kātibūhum both come from mukātabah, meaning mutual writing, which here refers to a contract made between the owner and the slave man or woman, whereby they agree on a fixed sum to be paid gradually to the owner by the slave in exchange for freedom.[6] It is also said that the meaning goes back to the original meaning of kitāb, which is to gather and collect – a book is called kitāb because it is a collection of letters and words – because the slave attempts to gather and collect money to pay to the master in exchange for their freedom.[7]
Fatayātikum (female slaves) is the plural of fatāh which is the feminine of fatā. The term fatā (with alif maqṣūrah) is used for a young man, and fatāh (with tāʾ marbūṭah) is used for a young woman. They are both also used to refer to slave boys and girls.[8]
In a hadith related from the Holy Prophet, it is mentioned that no one should call their slave ‘my slave’ (ʿabdī or amatī), but rather should say fatāya or fatātī. It is said that the verse uses the same to uphold respect towards them.[9] However, while this interpretation sounds nice, it is contrary to the usage of ʿibād and imāʾ to refer to slaves in the previous verse. More likely, fatāyāt is here used because generally it was young women who were used for prostitution as opposed to older slave women, who can still be included in that word, but the usage evokes youth. Additionally, the wider scope of the meaning of the word fatāyāt allows us to understand that the verse is perfectly applicable to any situation where someone forces a young woman to prostitution, whether an official slave like in the past, or things such as sex trafficking in the modern world.
Bighāʾ (prostitution) is from the root baghy, which means to strive to exceed moderation in something, whether one ends up exceeding it or not. This excess can be either qualitative or quantitative. Hence, it could mean to seek to take for example more than your fair share in something, or it could mean to exceed the fair limits of some action, or to violate the limits of ethical norms. This is why baghy is often used for rebellion since it can have the meaning of seeking superiority over others without just cause.[10] Here it has the meaning of exceeding the bounds of legal relations as set by God,[11] like in the verse, How shall I have a child seeing that no human being has ever touched me, nor have I been unchaste (baghiyyan)? (19:20).
Taḥaṣṣun means to guard and protect. Hence a fortress is called ḥiṣn, and a chaste woman is called muḥṣanah, as in verse 4.
ʿAraḍ (transitory wares) comes from the verb ʿaraḍa which literally means to expose, to place something in view of others, and to offer. Luxurious goods and wares are called ʿaraḍ, as they attract the gaze of others.[12]
EXPOSITION
This verse continues from the last, raising several important issues with relation to marriage.
Those who cannot find [the means to] marriage: this would refer to those who cannot financially afford to get married, or do not find a suitable spouse, or for any other reason do not have the opportunity to get married. This could be because, for example, they are studying abroad, or are still considered too young by societal standards and customs. Of course, we discussed in the previous verse the social duty of helping such individuals marry.
Should be continent until Allah enriches them out of His grace: if one is not married or is not able to get married, whether due to reasons beyond his control, or due to personal choice, this does not mean that they can engage in unchaste behaviour. Rather they should remain pure and guard their chastity until the opportunity to marry is given to them by God.
It could be that sometimes when God wishes to grant some blessing to one of His servants, He wishes for them to go through some difficulty first, and only grants them that boon after they have patiently endured the difficulty. Not only can this be a test of faith and priorities for the believer, it also allows the believer to understand who has granted them that blessing and be thankful for it, and to understand that his patience and good character has been rewarded.[13] Indeed ease accompanies hardship (94:5) – they often go hand-in-hand – so that such lessons may become known to those who seek a truthful understanding of God, life, and the world, and in the changing of the winds there are signs for a people who apply reason (45:5).
As for those who seek an emancipation deal from among your slaves: as discussed, at that time slaves could make a deal with their masters that they would pay them a sum of money – usually in a few instalments – in exchange for their freedom.[14] As the previous verse made it clear, it is a shared duty of the Muslim community to help those who are not married to get married, as that institution lays the foundation for a healthy and caring society. That verse also made it clear that this duty especially extends to helping the lower economic classes (the lowest of these being the slaves in past times). Because the main theme of Sūrat al-Nūr is how the ‘clear command’ of God helps form a successful Muslim society and community of believers, it now turns its attention to creating opportunities for social mobility for those who do not have the capability to care for themselves and their family. God instructs the believers to help such slaves get married and free themselves so that they can be flourishing members of society.
Make such a deal with them: this order is understood to be one of recommendation by some jurists.[15] Others have understood it to be compulsory to accept such a deal.[16] Some have further added that it is not recommended to write such an emancipation deal if the slave has no money or means of earning, as otherwise they will use the document to beg money from people.[17] However, in a report from Imam al-Ṣādiq (a) it is stated that it is not a problem if they have no money, and God will provide for them.[18]
If you know any good in them: good (khayr) has been understood in different ways by the scholars:
- It means the capability to earn money.[19]
- From Hasan al-Baṣrī and others, that it means honesty.[20]
- Also from Hasan al-Baṣrī, that it means righteousness in religion.[21]
- From Ibn Abbas and others, that it means money.[22] The verse, Prescribed for you, when death approaches any of you and he leaves behind any khayr (2:180), has been used as evidence that khayr means money.[23] But if this was the intended meaning in Sūrat al-Nūr it would be more appropriate to say ʿindahum khayran rather than fīhim khayran.[24]
These various opinions are not necessarily in contradiction, however, the first is what most jurists have favoured, as there would have been no purpose in a slave going free if they could not then support themselves afterwards, only exchanging slavery for destitution.[25]
And give them out of the wealth of Allah which He has given you: a powerful reminder to those more financially well off that any wealth an individual has is simply what God has given them. Yet when He commands us to give of that wealth to others, He does not forcefully take back what He has gifted, but declares that it should be seen as a loan; a loan that He himself will pay back many times over: Who is it that will lend Allah a good loan that He may multiply it for him severalfold? (2:245).[26] In fact, helping those who have entered into an emancipation deal was considered one of the valid applications of the alms tax as prescribed in Sūrat al-Tawbah: and for [the freedom of] the slaves (9:60). If for some unforeseen reason the slave was unable to make the necessary payments, he could be helped from the public treasury.
Once the final emancipation payment is made, the master is exhorted to give his former slave a nest egg of money to help them start out their new life. This is in line with the Quranic approach which seeks to instil in Muslims the mentality that slaves are to be viewed as members of one’s household and be cared for and loved like one’s own spouse or children.
It is said that this should be given out of the emancipation payment that they made.[27] It is said a fourth of it should be given to the slave.[28] Others have said a fourth is recommended and any amount can be given.[29] Others have understood this in a general fashion that they should be given from the alms meant for slaves as specified in 9:60.[30]
In any case, the purpose is clear; it is meant to help them start a new life when coming out of slavery, so that they can properly support themselves and not fall back into slavery or dependency.[31]
This is also an important example of the Quranic approach to the problematic issue of slavery. While slavery was an ill, it was unfortunately an unavoidable reality of those times. As calling for mass emancipation was both unfeasible and would have led to chaos (continuing with the same example, imagine the chaos if we called for a sudden end to all things that contribute to pollution; rather, transition is the correct approach), the Quranic approach was a pragmatic one which aimed at reducing the harm and ill from slavery while holding on to the aim of ending it. Thus we find that many rulings in Islamic law are geared towards the rights of slaves and scenarios which lead to their manumission. The ruling on emancipation deals is one example of such an approach. Another is the usage of alms tax to be used for this purpose (2:177). Another is the Quranic command to free a slave as penance (kaffārah) for certain sins (4:92, 5:89, 58:3). If a slave woman was taken by her master as a partner and gave birth to her master’s child, she would be considered umm al-walad; she could not be sold and would be set free upon the master’s death.
At the core of the Quranic message lies the most important reminder regarding slavery, and that is the reminder of God that all mankind are the bondsmen of God and none of them should deem themselves superior to others because of their social caste, standing, or wealth.
For more on freeing slaves, see the commentary on verses 3:177, 9:60, 90:11-13, 58:3, and 5:89. On the treatment of slaves, see 4:36. The Quran also recognises the human worth of slaves and that all humans share in their basic worth in the eyes of God, A faithful slave girl is better than an idolatress … A faithful slave is better than an idolater (2:221).[32] See also the discussion on the previous verse, which called for marrying slaves.
The verse then addresses yet another social problem, which once again relates to marriage and poverty, and slavery: forcing slave girls to prostitution to gain money. Today, forcing young girls into prostitution is one of the forms of slavery that is unfortunately still prevalent.
Do not compel your female slaves to prostitution when they desire to be chaste: the expression when should not be understood as giving room for exception, in the sense that if they do not desire to be chaste it is permissible to compel them to prostitution. Rather, it acts as an emphatic reminder of how terrible it is to force someone who wishes to be pure into abhorrent acts of impurity.[33] This is similar to the verse, abandon [all claims to] what remains of usury, should you be faithful (2:278). Everyone should abandon usury, but it is especially abhorrent for one who claims to be a believer to hang on to such claims.
Moreover, the desire for chastity is mentioned because otherwise compulsion would not have a meaning here, in other words it clarifies that they are unwillingly being forced into it.[34] Be as it may, the jurisprudential principle on the matter is clear: negation of a condition for a ruling does not negate the ruling.[35]
Seeking the transitory wares of the life of this world: any income and money made from sin is an invitation for calamity, whether that calamity visits one in this life or the next. Any temporary pleasure garnered from it is just that, temporary and fleeting.
Should anyone compel them, then after their compulsion Allah is indeed all-forgiving, all-merciful: this forgiveness is addressed to the female slaves. Those who compelled them are the ones that will be held accountable for the sin, whilst the women are not.[36] Any time someone is compelled to perform an action they are not to be held responsible for it, whether good or bad. In this case those who force women to such acts will be responsible for two sins, the sin of zināʾ and prostitution that has been done, and for the sin of forcing someone to do it.
INSIGHTS FROM HADITH
- It is reported that the statement Do not compel your female slaves to prostitution was revealed about ʿAbd-Allāh ibn Ubayy,[37] who used to force his slave women[38] in this manner. They then complained to the Prophet after the verses forbidding zināʾ were revealed and then this verse was revealed.[39] It is also said that they had wished to remain chaste and this is why when they desire to be chaste is mentioned.[40]
Note: The claim that zināʾ was only later prohibited in Medina is incorrect and the reality is that zināʾ was already proscribed in Meccan verses of the Quran. Furthermore, the abhorrent nature of zināʾ is something that is known to all and does not require specific legal proscription.[41] This is why Sūrat al-Nūr began with the proclamation, so that you may take admonition (verse 1). The admonition there means reminder of something mankind already knows to be true.
- From the Prophet: ‘Whoever helps another who is seeking an emancipation deal for freeing themselves, God will grant him a shade under the shadow of His Throne.’[42]
REVIEW OF TAFSĪR LITERATURE
Subḥānī says that some might see a contradiction between this and the previous verse. The previous verse exhorted that the poor should marry, since God will enrich them when they do so, whilst this verse is saying Those who cannot find [the means to] marriage should be continent until Allah enriches them out of His grace, in other words they should wait and be patient until they become rich and can afford marriage. His suggested solution to this is that the previous verse is addressed to the guardians of girls, that they should not refuse a suitor simply because he is poor, whilst this verse is addressed to the suitors themselves, commanding them to be patient until they can afford to get married.[43] What is more apparent is what we mentioned, that enrichment has a wider scope than just financial capability, and includes things such as opportunity, availability, and so on.
Subḥānī also relates a claim that Should anyone compel them, then after their compulsion Allah is indeed all-forgiving, all-merciful should refer to the masters, since the slave girls who have been compelled are blameless and there is no need for them to seek forgiveness. Subḥānī succinctly dismisses this argument by pointing out the verse But should someone be compelled, without being rebellious or aggressive, there shall be no sin upon him. Indeed Allah is all-forgiving, all-merciful (2:173).[44] It has been claimed that the ruling of Should anyone compel them, then after their compulsion Allah is indeed all-forgiving, all-merciful has been abrogated by should they commit an indecent act, then there shall be for them [only] half the punishment for free women (4:25).[45] This is incorrect however, since the two verses are speaking of two different matters and a person who has been compelled to commit a sin is not punished for it.
The jurists have debated over what happens if a slave fails to make the payments agreed in the emancipation deal. Some have said that he reverts to a (full) slave, while others have said he is free proportionally to the payments that he has successfully made, unless the emancipation deal stipulated otherwise in the case of failed payments.[46]
INSIGHTS FROM OTHER TRADITIONS
- As for your male and female slaves whom you may have: you may buy male and female slaves from among the nations that are around you. You may also buy from among the strangers who sojourn with you and their clans that are with you, who have been born in your land, and they may be your property. You may bequeath them to your sons after you to inherit as a possession forever. You may make slaves of them, but over your brothers the people of Israel you shall not rule, one over another ruthlessly.[47]
- When you buy a Hebrew slave, he shall serve six years, and in the seventh he shall go out free, for nothing. If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master’s, and he shall go out alone.[48]
Note: For some other specific conditions for setting a slave free, see also Exodus 21:7-11 and 21:26-27.
- When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money.[49]
- Masters, treat your bondservants justly and fairly, knowing that you also have a Master in heaven.[50]
- Do not degrade your daughter by making her a prostitute, or the land will turn to prostitution and be filled with wickedness.[51]
[1] See for example Tibyan, 7/433; Muhit, 8/38; Mizan, 15/113.
[2] Tibyan, 7/433.
[3] Zamakhshari, 3/237; Muhit, 8/39.
[4] Tabrisi, 7/184.
[5] See also Sharawi, p. 10265.
[6] Tabrisi, 7/184.
[7] Tabrisi, 7/184; Thalabi, 7/95; Razi, 23/372.
[8] See Razi, 23/376-377.
[9] Tantawi, 10/124.
[10] Tibyan, 10/45.
[11] Tabari, 18/103.
[12] Tahqiq, 8/111, ʿ-r-ḍ.
[13] See also Zamakhshari, 3/238.
[14] Qummi, 2/102; Tibyan, 7/433.
[15] This is the opinion of Tibyan, 7/433; Tabrisi, 7/220.
[16] This is the opinion of Tabari, 18/99. See also Tantawi, 10/124.
[17] Tabrisi, 7/221.
[18] Kafi, 6/187.
[19] Tibyan, 7/433; Tabari, 18/99. This opinion is also attributed to ʿAbd-Allāh ibn ʿUmar.
[20] Tibyan, 7/433; Tabari, 18/99.
[21] Razi, 23/374.
[22] Tibyan, 7/433; Tabari, 18/99-100.
[23] Razi, 23/374.
[24] Tabari, 18/100. Or alternatively lahum (Razi, 23/374).
[25] See also Nemuneh, 14/459.
[26] Sharawi, p. 10266.
[27] Qummi, 2/102.
[28] Tabari, 18/100-101. Ṭabrisī and others attribute this opinion to a report from Imam Ali (a), however Ṭabrisī disagrees with it himself, saying it can be any amount (Tabrisi, 7/221; Thalabi. 7/97). Tabatabai adds that other reports mention other amounts, so the amount is not something specific (Mizan, 15/118).
[29] Tibyan, 7/434; Tabari, 18/100-101.
[30] This is the opinion of Tibyan, 7/434; Tabari, 18/102; Mizan, 15/113.
[31] Nemuneh, 14/460.
[32] See also 4:25.
[33] See Tibyan, 7/434.
[34] Tabrisi, 7/221; Thalabi, 7/99; Muhit, 8/40; Mizan, 15/114.
[35] Razi, 23/377. For example, if one were to say: ‘If you wish to be successful, you have to go to school.’ This does not mean that if one does not wish to be successful their duty of going to school is lifted. They are still legally obligated to go to school. See also the commentary on 4:101 and 2:229.
[36] See Tibyan, 7/434; Tabari, 18/103.
[37] For more on him see the commentary on verse 11.
[38] It is said that he had six such slave women (Tabrisi, 7/221; Thalabi, 7/99; Razi, 23/376), or two (Thalabi, 7/99; Tantawi, 10/124). In yet another account he suggests to the Prophet that he could order one of his slave women to prostitute herself in order that they may give the profits to help orphans. The Prophet refused and then the verse was revealed (Razi, 23/376).
[39] Tibyan, 7/434; Tabari, 18/103.
[40] Tibyan, 7/434.
[41] Mizan, 15/118.
[42] Razi, 23/375.
[43] Munyah, 19/110.
[44] Munyah, 19/111.
[45] Qummi, 2/102. Tafsīr al-Qummī attributes this statement to Imam al-Bāqir (a) in a report from Abū al-Jārūd.
[46] Tibyan, 7/433.
[47] Leviticus 25:44-46.
[48] Exodus 21:2-4.
[49] Exodus 21:20-21.
[50] Colossians 4:1.
[51] Leviticus 19:29.