The marriage of fornicators, and reports on the saying of Allah the Mighty and Majestic: "The fornicator does not marry except a fornicatress or a polytheist woman, and the fornicatress none marries except a fornicator or a polytheist man, and that has been forbidden to the believers"

Chapter: The marriage of those who commit (zina), and what has come concerning the saying of Allah, the Mighty and Majestic: "The fornicator does not marry except a fornicatress or a polytheist woman, and the fornicatress none marries her except a fornicator or a polytheist man, and that has been made unlawful for the believers." [Surah al-Nur: 3]

Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) says: There was a woman called Umm Mahzul who lived at Ajyad, and she was a prostitute. A man would marry her, and she would stipulate that she would provide for his expenses. A man asked the Prophet (peace and blessings be upon him) about marrying her, and the Prophet (peace and blessings be upon him) recited (or this verse was revealed to him): "The fornicator does not marry except a fornicatress or a polytheist woman." [Surah al-Nur: 3]

Mu'tamir (may Allah have mercy on him) narrates with his chain that there was a woman (called) Umm Mahzul. Whenever she married a man, it was on condition that he permit her to commit zina, and she would bear his expenses. Some of them sought permission from the Prophet (peace and blessings be upon him) to marry her, so the Messenger of Allah (peace and blessings be upon him) recited this verse.

Amr bin Shu'ayb narrates from his father, from his grandfather (may Allah be pleased with him), that there was a man, Sayyiduna Marthad bin Abi Marthad (may Allah be pleased with him), who used to carry captives from Makkah and bring them to Madinah. There was a prostitute in Makkah named Anaq who had been his friend, and he had promised a man among the captives of Makkah that he would carry him away. (He said:) I came on a moonlit night until I reached the shade of one of the walls of Makkah. Anaq came and saw the dark outline of my shadow by the wall. When she came near me, she recognised me and said: "Marthad?" I said: "Yes, Marthad." She said: "Will you spend the night with us?" Marthad (may Allah be pleased with him) says: I said: "O Anaq, Allah has forbidden zina." Then she called out: "O people of the tents, this is the man who carries away your captives!" He says: Eight men followed me, and I took the path of al-Khandamah until I reached a cave and entered it. They came and passed right over my head. They urinated, and their urine fell on my head, but Allah blinded them and they went back. I returned to my companion and carried him; he was a heavy man. I brought him to al-Idhkhir, where I undid his shackles. I kept carrying him and he wore me out, until I reached Madinah. I asked the Messenger of Allah (peace and blessings be upon him): "O Messenger of Allah, shall I marry Anaq?" The Messenger of Allah (peace and blessings be upon him) remained silent and gave me no answer until this surah was revealed: "The fornicator does not marry except a fornicatress or a polytheist woman, and the fornicatress none marries her except a fornicator or a polytheist man, and that has been made unlawful for the believers." [Surah al-Nur: 3] Then he (peace and blessings be upon him) said: "O Marthad, the fornicator does not marry except a fornicatress or a polytheist woman, and the fornicatress none marries her except a fornicator or a polytheist man." (Sahih li-ghayrihi; it has preceded.)

Ata' (may Allah have mercy on him) says: In the Days of Ignorance there were prostitutes who were open about it: the prostitute of such-and-such family, the prostitute of such-and-such family. So Allah Almighty said: "The fornicator does not marry except a fornicatress or a polytheist woman, and the fornicatress none marries her except a fornicator or a polytheist man, and that has been made unlawful for the believers." [Surah al-Nur: 3] So through Islam Allah Almighty forbade that practice of the Days of Ignorance. Ibn Jurayj (may Allah have mercy on him) says: Ata' (may Allah have mercy on him) was asked: "Did this reach you from Ibn Abbas (may Allah be pleased with them both)?" He said: "Yes."

Qatadah (may Allah have mercy on him) narrates from Sa'id bin Jubayr (may Allah have mercy on him) concerning this verse: "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3], that there were prostitutes in Madinah whose state was well known, so Allah forbade the believers from marrying them. This is the view of Qatadah (may Allah have mercy on him).

Mujahid (may Allah have mercy on him) says: Some men wanted to marry well-known prostitutes of the Days of Ignorance, and they were told: "This is unlawful." Concerning them Allah Almighty revealed this verse: "And that has been made unlawful for the believers" [Surah al-Nur: 3], meaning that Allah Almighty has made marrying them unlawful.

Ubaydullah bin Abi Yazid asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) about "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3]. He said: "This is a ruling between the two of them."
Imam al-Shafi'i (may Allah have mercy on him) says: It is narrated from Ikrimah (may Allah have mercy on him) that the fornicator commits zina only with a fornicatress or a polytheist woman, and none commits zina with the fornicatress except a fornicator or a polytheist man; he takes the word "marries" (yankihu) to mean "has intercourse".

Ikrimah (may Allah have mercy on him) says concerning this saying of Allah Almighty, "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3], that the fornicator commits zina only with a fornicatress.
The Shaykh (may Allah have mercy on him) says: A hadith with the same meaning is also narrated from Ibn Abbas (may Allah be pleased with them both) through another chain.

Sa'id bin Jubayr narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both): "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3]: this is not marriage but intercourse, which only a fornicator or a polytheist man commits (with her). These are the words of the hadith of Abu Abdullah (al-Hakim).
(b) In the narration of al-Faqih: none has intercourse with her except a fornicator or a polytheist man.
(c) Ali bin Abi Talhah narrates something with the same meaning from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both): "And that has been made unlawful for the believers" [Surah al-Nur: 3], that is, zina has been made unlawful for the believers.
Imam al-Shafi'i (may Allah have mercy on him) said: What seems most likely, and Allah knows best, is what Ibn al-Musayyib said.

Yahya bin Sa'id (may Allah have mercy on him) narrates from Sa'id bin al-Musayyib (may Allah have mercy on him) that concerning "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3] he said: It has been abrogated by this verse: "And marry the unmarried among you" [Surah al-Nur: 32]. So these are (among) the unmarried women of the Muslims.

Yahya bin Sa'id (may Allah have mercy on him) narrates from Sa'id bin al-Musayyib (may Allah have mercy on him) concerning the saying of Allah Almighty: "Indeed, He is ever Forgiving to those who often turn back (to Him)." [Surah al-Isra: 25] He said: A servant sins and then repents, then sins and then repents. (He said:) And I heard him saying that the verse "The fornicator does not marry except a fornicatress or a polytheist woman" [Surah al-Nur: 3] was abrogated by this verse: "And marry the unmarried among you and the righteous among your male slaves and female slaves." [Surah al-Nur: 32]