يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ وَالَّذِينَ لَمْ يَبْلُغُوا الْحُلُمَ مِنكُمْ ثَلَاثَ مَرَّاتٍ مِن قَبْلِ صَلَاةِ الْفَجْرِ وَحِينَ تَضَعُونَ ثِيَابَكُم مِّنَ الظَّهِيرَةِ وَمِن بَعْدِ صَلَاةِ الْعِشَاء ثَلَاثُ عَوْرَاتٍ لَّكُمْ لَيْسَ عَلَيْكُمْ وَلَا عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ طَوَّافُونَ عَلَيْكُم بَعْضُكُمْ عَلَى بَعْضٍ كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمُ الْآيَاتِ وَاللَّهُ عَلِيمٌ حَكِيمٌ
O you who have faith! Let your permission be sought by your slaves, and those of you who have not reached puberty, three times: before the dawn prayer, and when you put off your garments at noon, and after the night prayer. These are three times of privacy for you. There is no sin upon you and them apart from these [times], some of you may wait on others. Thus does Allah clarify the signs for you, and Allah is all-knowing, all-wise.
EXEGESIS
Malakat aymānukum literally means ‘what your hands own’ and refers to the different social status of slaves.
Ḥulum (puberty) is from ḥilm, which means forbearance and controlling one’s anger and excitement.[1] Puberty is called ḥulum because the person who reaches puberty attains qualities associated with ḥilm.[2] Alternatively, it may be related to dreams, since when reaching puberty young adults will generally experience dreams of a sexual nature.[3] Dreams are called aḥlām because they are the product of one’s mind.[4]
ʿAwrāt (times of privacy) as explained in verse 31 is the plural of ʿawrah, meaning that which one seeks to hide from others.[5] While there it referred to sexual attractions, here it refers to times of privacy. Literally, anything that is exposed and has nothing to protect or cover it can be called an ʿawrah, as in, Our homes lie exposed (ʿawrah) (33:13).[6] Hence these times are called ʿawrāt, as people put down their clothing and have no protection from exposure.[7]
Junāḥ (sinful) was discussed in verse 29 and is either from the Arabic j-n-ḥ meaning to incline towards something sinful, or it is from the Persian gunāh, also meaning sin.
Ṭawwāfūn (frequent) is from the verb ṭāfa, meaning to move around something.[8] Here it has the meaning of coming and going, or frequenting.
It has been suggested as well that frequenting here has the meaning of serving, like in the verse, They will be waited upon (yaṭūfu ʿalayhim) by immortal youths (56:17).[9] So the meaning would be: they pay frequent visits to you for serving you.
EXPOSITION
Before finishing, the surah once again returns to the topic it started with, by outlining the rulings and rules by which Muslims may create a harmonious society. Once again it is a ruling related to modesty, privacy, and hijab. Earlier verses in the surah spoke of modesty when in public spaces, with regards to behaviour and dress (verses 30-31), and when visiting each other’s homes (verses 27-28). Now the attention is turned to behaviour inside a person’s own domicile. Some people might think there is no need for modesty or shyness when at home with family members, but this is contrary to Islamic etiquette. Even in the home modesty should be preserved.
This verse can thus be considered a continuation of verse 27, and a further clarification to the rulings set out there, explaining that slaves and children are excepted from the general rule of that verse, as unlike others they are required to only seek permission at three times of the day before entering private areas.[10]
O you who have faith: the commands of this verse are addressed to the guardians of the children and the owners of the slaves. In other words, they should teach and instruct them to seek permission when entering at these times. This is because children are not yet at the age of responsibility (taklīf), and hence would not be subject to divine commands.[11] While some scholars have used this verse to argue that children who have reached the age where they are capable of reasoning can also be commanded by legal rulings, the correct opinion is that this command is addressed to their guardians.[12]
Let your permission be sought: permission should be sought before entering any private areas.[13] The ruling of this verse is specific to the private quarters such as a bedroom, and does not apply to common areas such as living rooms and so on, especially if someone else is already there.[14]
By your slaves: while formal slavery has been thankfully mostly abolished, this ruling could equally well apply to maids, butlers, and other live-in servants.
And those of you who have not reached puberty: whether male or female.[15] This has been qualified by jurists to mean only the discerning (mumayyiz) child,[16] because a discerning child would be the one who is able to understand privacy and would be able to comply with commands.[17] Obviously, the child should be of such an age that they can understand and comply with such a command and would be able to keep track of these specific times of day.
In any case, the instruction is clear that the situation of children who have not yet reached puberty is not the same as those who have reached puberty. As for younger children who do not yet properly understand sexual matters and who are far more in need of their parents’ help and care, they are not required to ask for permission in other than these three times, whereas their more mature siblings should.[18] This teaches us that modesty and privacy should be taught from a young age and practiced when older, even within a family who live in the same house.
None of this should be conflated to mean that one is allowed to display their ʿawrah before children or servants either, but rather it is because outside of the mentioned times people would not usually be changing clothes.[19]
As to how to determine puberty or the age when a person reaches it, there are a lot of different opinions presented by Muslim scholars, and such discussions are beyond the scope of our discussion; one should refer to the various works of jurists and jurisprudence for more information.
Three times: before the dawn prayer: people would often change clothes at this time, as well as bathing and washing.
And when you put off your garments at noon: when people usually put off their garments due to extreme heat for rest or for the noontime nap (qaylūlah).[20]
And after the night prayer: this refers to the final obligatory prayer of the day (the ʿishāʾ prayer).
These are three times of privacy for you: this is an explanation of the reason for this ruling.[21] It is possible that at these times a person is not decently dressed.[22] All three times were times when people would customarily change clothes: either when waking up in the morning, or for taking a nap, or going to sleep for the night.[23] Or it was probable that someone wished to spend time with their spouse.[24] There are lots of hadith reports and many scientific studies performed which speak about the negative psychological effects of witnessing one’s parents in an act of intimacy.[25]
God will sometimes mention reasons for a ruling in the Quran, and other times He will refrain from doing so. In either case it is just as incumbent to follow the ruling. Furthermore, even when reasons are mentioned they should not be considered the complete reason for that ruling, as other reasons may also exist. This means that even if that reason no longer exists it does not necessarily mean that one needs to stop abiding by that ruling.
There is no sin upon you and them apart from these [times]: There is no sin upon you refers to the masters and the parents, meaning it is not a problem if you do not command them to seek permission outside of these three times.[26] As for there being no sin upon them, this refers to children and slaves, meaning there is no problem if they do not seek permission outside of the mentioned times.
Some of you may wait on others: this is yet another explanation for the reason behind the ruling, and is further clarification that these groups of people will visit one another frequently, and wait on each other, and if permission had to be sought each time it would only impose undue difficulty.[27]
Thus does Allah clarify the signs for you, and Allah is all-knowing, all-wise: the verse strikes the perfect balance between modesty and comfort, teaching us how we can correctly deal with each other in families and societies without imposing undue hardships or difficulties. God in His wisdom and knowledge teaches us the best way of life.[28]
This verse reminds us of many significant things, such as the importance of privacy and private times, and how every person needs time to relax, and that we should respect the boundaries of others and teach our children the importance of these things as well.[29] Each Muslim parent or guardian has the duty of instilling Islamic ideals such as modesty in their children. Notably, the believers are instructed to teach these things to them before their children reach the age of puberty. It is not suitable to wait until they are adults to then start teaching them about their faith and religion.
INSIGHTS FROM HADITH
- From the Prophet: ‘The pen has been lifted from three: the one who is asleep until he wakes up, the madman until he comes to his senses, and the child until he reaches puberty (yaḥtalim).’[30]
- From Fuḍayl ibn Yasār, that Imam al-Ṣādiq (a) was asked about the referent of this verse, to which he replied: ‘The male and female slaves and children who have not yet reached puberty. They should seek your permission in these three times of privacy: after the ʿishāʾ prayer, which is the same as ʿatamah, and when you put off your garments at noon, and before the morning prayers. After these three private times your slaves and children do not need to seek permission to enter if they so wish.’[31]
Note: Apparently, the last prayer of the day (the ʿishāʾ prayer) was also commonly called the ʿatamah, as witnessed in many reports.[32] It was called ʿatamah because that was the time when they would refrain from milking their camels (due to the darkness). Some other reports are also attributed to the Prophet where he is quoted as saying: ‘Do not let the Arabs influence you regarding the name of your prayer, for it is called ʿishāʾ. They have called it ʿatamah because they would refrain from milking (iʿtimām) their camels at that time.’[33]
- From Zurārah ibn Aʿyan, that Imam al-Ṣādiq (a) said regarding your slaves in this verse: ‘This intends the men only and not the women.’ Zurārah then asked: ‘Should women ask for permission in these three hours?’ He said: ‘No, rather they can come and go. And those of you who have not reached puberty [means] your own [children]. You yourselves should seek permission before entering at these three times like anyone else who has reached puberty.’[34]
REVIEW OF TAFSĪR LITERATURE
Some have claimed that this verse has been abrogated and that its ruling no longer applies.[35] According to some reports this claim was already popularised from an early stage of Islamic history. In one report from ʿIkramah, he relates that a group of people from Iraq came to Ibn Abbas and asked him about this verse, saying: ‘What do you think about it? We have been commanded in it what we have been commanded, however no one abides by it.’ Ibn Abbas replied: ‘God is amiable (rafīq), forbearing (ḥalīm), kind (raʾūf), merciful (raḥīm), and loves to cover [indecency]. In those times people did not have coverings in the houses or partitions. It would happen that a servant or a child or another man would enter upon his family [in inappropriate moments], so God – exalted and high – has commanded to seek permission in those private times. Then later God granted them with coverings and good things and I do not see anyone acting on this.’[36] This report does not actually suggest that people should not act on it, or that the verse was abrogated, but rather that people have abandoned acting on it.[37]
In another report it is mentioned that Mūsā ibn Abī ʿĀʾishah came to the tābiʿī scholar al-Shaʿbī and asked him if this verse was abrogated. Al-Shaʿbī replied in the negative, to which Mūsā retorted that people do not act on it. Al-Shaʿbī then exclaimed disappointedly: ‘God is our resort.’[38] A report from Saʿīd ibn Jubayr quotes him as saying: ‘People say this verse has been abrogated, but by God it has not been abrogated. Rather it is one of those things that people do not take seriously.’[39] Rāzī quotes Abū Ḥanīfah as saying that none of the scholars considers the verse to be abrogated.[40] Zamaksharī laments that people are heedless of this verse and act as if it was abrogated.[41]
Unfortunately, there are often many rulings that are explicated in the Quran that we see many Muslims not acting on. For example, regarding divorce, God commands that a woman should spend her waiting period (ʿiddah) in her husband’s house (65:1), yet this seems to be rarely practiced.
Another claim of abrogation is regarding this verse and the earlier verse O you who have faith! Do not enter houses other than your own until you have announced [your arrival] and greeted their occupants (verse 27). Some have said that verse 27 is abrogated by this verse, since it specifies only three times when permission to enter should be sought. This is incorrect though, as the two verses discuss two different situations and groups of people, and therefore cannot abrogate one another.[42]
[1] Raghib, p. 253, ḥ-l-m; Tahqiq, 2/319, ḥ-l-m.
[2] Raghib, p. 253, ḥ-l-m; Tahqiq, 2/319, ḥ-l-m; Alusi, 9/402; Nemuneh, 14/541.
[3] Nemuneh, 14/541.
[4] Raghib, p. 253, ḥ-l-m.
[5] Muhit, 8/28; Lisan, 4/617.
[6] Ahkam, 3/1399.
[7] Baghawi, 3/428.
[8] Tahqiq, 7/171, ṭ-w-f.
[9] Tabrisi, 7/243.
[10] See Tabari, 18/125; Razi, 24/419; Mizan, 15/163.
[11] Nemuneh, 14/539.
[12] Related in Tibyan, 7/460. See also the discussion in Razi, 24/416.
[13] Tibyan, 7/460.
[14] Nemuneh, 14/541.
[15] Nemuneh, 14/539-540; Mudarrisi, 8/357.
[16] For example Mizan, 15/163; Fadlallah, 16/359; Nemuneh, 14/540; Tantawi, 10/151.
[17] Nemuneh, 14/540.
[18] Nemuneh, 14/541.
[19] Razi, 24/419. Rāzī hence mentions that a woman should not for example take off her clothes if she thinks her servant might enter into her quarters, nor should the servant enter into her quarters if he thinks she is not properly dressed.
[20] Tabrisi, 7/242; Ahkam, 3/1397.
[21] Razi, 24/418.
[22] Tabrisi, 7/242; Baghawi, 3/428.
[23] Zamakhshari, 3/253; Qurtubi, 12/304.
[24] Related in Tabrisi, 7/243; Ibn Kathir, 6/76.
[25] See for example the discussion in Nemuneh, 14/544-546.
[26] Mizan, 15/163.
[27] Mizan, 15/163; Munyah, 19/137.
[28] See Tantawi, 10/152.
[29] Mudarrisi, 8/359. See also Qaraati, 6/211.
[30] There are various versions of this hadith, most of which mention these three. See Khisal, p. 94; al-Maghribī, Daʿāʾim al-Islām (Cairo: Dār al-Maʿārif, 1963), 1/194; Ṭūsī, al-Khilāf (Qum: Muʾassasat al-Nashr al-Islāmī, 1411 AH), 3/28; Ibn Idrīs al-Ḥillī, al-Sarāʾir (Qum: Muʾassasat al-Nashr al-Islāmī, 1411 AH), 3/324; Ahmad, 1/140; Darimi, 2/171; Ibn Majah, 1/658, h. 2041; Abu Dawud, 2/339, h. 4402-4403; Nasai, 6/156; Razi, 24:416.
[31] Kafi, 5/530; Wasail, 20/217, h. 25466; Nur, 3/622.
[34] Kafi, 5/529-530; Wasail, 20/218, h. 25468; Nur, 3/621; Mizan, 15/168-169.
[35] Related in for example Baghawi, 3/428.
[36] Thalabi, 7/117; Suyuti, 5/56. See also Baghawi, 3/428; Qurtubi, 12/303.
[37] Even though Ibn al-ʿArabī for example quotes it as evidence that Ibn Abbas was of the opinion that it had been abrogated (Ahkam, 3/1396). Ibn Kathīr authenticates the report from Ibn Abbas, but reaches the opposite conclusion of Ibn al-ʿArabī, saying that Ibn Abbas was critical of people not acting on the verse. He quotes another report from Ibn Abbas that has him saying that Satan has overcome people regarding three verses, and they do not act on those verses, and he considered this verse to be one of them (Ibn Kathir, 6/75-76. See also Zamakhshari, 3/254; Suyuti, 5/56. The other two verses he mentions are 4:8 and 49:13). Qurṭubī somewhat similarly says that the ruling of the verse is not abrogated and will still apply in situations similar to the time of its revelation for people living in more primitive conditions (Qurtubi, 12/303).
[38] Thalabi, 7/117; Baghawi, 3/429.
[39] Thalabi, 7/117; Baghawi, 3/429. See also Tabari, 18/125.
[40] Razi, 24/419. Ibn Kathīr argues that the ending of the verse (Thus does Allah clarify the signs for you, and Allah is all-knowing, all-wise) is evidence that it is not abrogated (Ibn Kathir, 6/76), but he does not explain why.
[41] Zamakhshari, 3/254.
[42] See Razi, 24/418-419; Ahkam, 3/1396-1397; Qurtubi, 12/302. Ibn al-ʿArabī considers this to be a case of specification (takhṣīṣ), as does Qurṭubī.