Surah An-Noor (24) — Ayah 33

(Ayah 33) ➊ {وَ لْيَسْتَعْفِفِ الَّذِيْنَ لَا يَجِدُوْنَ نِكَاحًا: ’’عَفَّ يَعِفُّ عَفَافًا وَ عِفَّةً‘‘} Refrain from that which is is not lawful or not beautiful. {’’اِسْتَعَفَّ‘‘} and {’’ تَعَفَّفَ‘‘} have the same meaning. (Al-Qamus) In {’’ وَ لْيَسْتَعْفِفِ ‘‘}, due to the addition of letters, the meaning is intensified, so it has been translated as "and avoid the unlawful greatly." That is, those who, for some reason, cannot marry—such as not finding a match, not having the means for mahr, a slave not being granted permission by his master to marry, or any other unfavorable circumstances—should make every effort to avoid the unlawful, i.e., abstain from adultery, the act of the people of Lot, masturbation, etc. This effort includes lowering the gaze, not entering others' homes without permission, and keeping thoughts pure, among other etiquettes. The Messenger of Allah (peace and blessings be upon him) commanded marriage to safeguard against the calamities of this overpowering force, i.e., desire, and for those unable to marry, he instructed to fast as much as possible and said: "It will be a means to suppress (desire) for him." [ دیکھیے بخاري : ۱۹۰۵ ] The Prophet (peace and blessings be upon him) commanded to suppress desire with fasting, because not only does it weaken desire, but it also instills the habit of self-control. Sometimes it may seem that fasting increases desire; this thought is correct only in the case of obligatory fasts or occasional fasting, because when health improves, every strength is enhanced. However, the result of continuous fasting is as the Messenger of Allah (peace and blessings be upon him) stated, and in the prescribed remedy, there is also the habit of self-control and no harm, because by leaving the fasts, that strength will be restored, which is a means of procreation and the adornment of the earth. On the contrary, if someone continuously uses coriander, camphor, potassium bromide, or such medicines that eliminate desire, the result is extremely harmful, because sometimes, even after stopping the medicines, that strength is never restored; this is a kind of castration, which is unlawful.

➋ { حَتّٰى يُغْنِيَهُمُ اللّٰهُ مِنْ فَضْلِهٖ :} In this, there is a promise for those who remain chaste that Allah will enrich them and make things easy for them. A believer's faith in Allah's promise makes the hardship of waiting easy for him. (Sa'di)

Urfi agar bigiryah mayassar shuday wisal
Sad saal mitawan batamanna giristan
"Urfi! If union could be attained by weeping, then one could weep in longing for a hundred years."

➌ {وَ الَّذِيْنَ يَبْتَغُوْنَ الْكِتٰبَ …: ’’ الْكِتٰبَ ‘‘} is the verbal noun of the form "mufa'alah," like {’’قَاتَلَ يُقَاتِلُ مُقَاتَلَةً وَ قِتَالًا‘‘}, meaning the written agreement of freedom between a slave and his master, that the slave will pay a certain amount in installments within a specified period, and then he will be freed; this is called {’’اَلْكِتَابُ‘‘، ’’اَلْكِتَابَةُ‘‘ } or {’’اَلْمُكَاتَبَةُ ‘‘}. In the previous verse, masters were commanded to marry off their righteous male and female slaves. There could be two major obstacles in their marriage: one, that the master does not permit them to marry; second, that they themselves avoid marriage, because as slaves, any children they have will also be slaves of their master. The solution to both obstacles was that they should strive to gain freedom and make a contract of emancipation with their master. Allah commanded masters to make such contracts with male and female slaves who request it. From this, it is understood that refusing to make a contract with slaves who request it is not permissible. The evidence is that a command is for obligation unless there is evidence to the contrary. Imam Bukhari (may Allah have mercy on him) after mentioning this very verse in Sahih Bukhari: «{ وَ الَّذِيْنَ يَبْتَغُوْنَ الْكِتٰبَ …}» wrote that Ibn Jurayj narrated: I said to Ata (the great Tabi'i): "Is it obligatory for me to make a contract with my slave if I know he has wealth?" He replied: "I consider it obligatory." Amr bin Dinar narrated: I asked Ata: "Do you narrate this from anyone?" He replied: "No." Then he told me that Musa bin Anas narrated to him that (the famous Imam Muhammad bin Sirin's father) Sirin requested a contract from Anas (may Allah be pleased with him), and he was very wealthy. Anas (may Allah be pleased with him) refused, so Sirin went to Umar (may Allah be pleased with him), who said: "Make a contract with him." Anas (may Allah be pleased with him) refused, so Umar (may Allah be pleased with him) recited this verse and struck him with a whip: «{ فَكَاتِبُوْهُمْ اِنْ عَلِمْتُمْ فِيْهِمْ خَيْرًا }» so Anas (may Allah be pleased with him) made the contract with him. [ بخاري، المکاتب، باب المکاتب و نجومہ …، قبل ح : ۲۵۶۰ ] From this, it is understood that if a master refuses to make a contract with a slave, the slave can go to court, and the judge will compel the master to make the contract, as is proven by Umar (may Allah be pleased with him) striking with a whip.

➍ { اِنْ عَلِمْتُمْ فِيْهِمْ خَيْرًا :} Some scholars have taken "khayr" (good) to mean wealth, but it is clear that in that case, it should have been {’’إِنْ عَلِمْتُمْ لَهُمْ خَيْرًا‘‘}, i.e., if you know of wealth with them, whereas here the words are if you know of good in them. Therefore, "khayr" means that they have the ability, strength, and trustworthiness to earn and pay their price, and are not using the contract as an excuse to avoid work for a while, and after being freed, can earn their livelihood without theft or betrayal, so that after being freed, they do not resort to begging and do not become a burden on the Muslim society. "Khayr" also includes that they are righteous and chaste, so that after being freed, they do not commit immorality or theft and robbery.

Some scholars say that it is recommended, not obligatory, for the master to accept the request for a contract, because it is up to him to decide whether there is good in the slave or not, and the slave is his property, which cannot be taken by force. But this is not correct, because when Allah has commanded to accept the contract, the ruling for this slave cannot be like that of ordinary property, and the slave has the right that if the master, without reason, makes an excuse of lack of good and refuses the contract, he can go to the Islamic court, which will review all circumstances and decide whether the master's claim is valid or just an excuse, as is evident from Sirin (may Allah have mercy on him) going to Umar (may Allah be pleased with him).

➎ { وَ اٰتُوْهُمْ مِّنْ مَّالِ اللّٰهِ الَّذِيْۤ اٰتٰىكُمْ :} This command is also for the master of the contracted slave, that he should waive a portion of the agreed amount, or return some of what he has taken, and for the general Muslims, that they should help such slaves by giving them wealth to obtain their freedom. To encourage cooperation, it is stated that whatever wealth you give them is actually Allah's gift, and Allah is commanding you to give them from what He has given you, because helping such slaves is a right that He has made incumbent upon Himself. Abu Hurairah (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings be upon him) said: [ ثَلَاثَةٌ حَقٌّ عَلَی اللّٰهِ عَزَّ وَ جَلَّ عَوْنُهُمُ الْمُكَاتَبُ الَّذِيْ يُرِيْدُ الْأَدَاءَ وَالنَّاكِحُ الَّذِيْ يُرِيْدُ الْعَفَافَ وَالْمُجَاهِدُ فِيْ سَبِيْلِ اللّٰهِ] [ نسائي، النکاح، باب معونۃ اللہ الناکح الذي یرید العفاف : ۳۲۲۰۔ ترمذي : ۱۶۵۵، قال الترمذي والألباني حسن ] "There are three whose help is a right upon Allah: the contracted slave who intends to pay, the one who marries intending to avoid the unlawful, and the one who strives in the way of Allah." Allah has made the freeing of slaves a specific category for zakat expenditures, saying: «{ وَ فِی الرِّقَابِ }» [ التوبۃ : ۶۰ ] "And in freeing necks (from slavery), zakat should be spent." Therefore, it is the responsibility of the Islamic government to spend from the treasury for the release of contracted slaves, and with Allah, {’’ فَكُّ رَقَبَةٍ ‘‘} (freeing necks) is part of traversing the difficult path of righteous deeds. See Surah Al-Balad (13).

A contracted slave can request financial assistance from people and the government for his release, as Barirah (may Allah be pleased with her) requested help from Umm al-Mu'mineen Aisha (may Allah be pleased with her) in her contract, and she paid the entire amount at once, bought her, and freed her. [ دیکھیے بخاري : ۲۱۶۸ ]

➏ It should be remembered that in the Prophetic era, there were three types of slaves: first, those who were originally free but were kidnapped or forcibly enslaved; second, those who were slaves generation after generation; and third, those who were captured in war and made female slaves or male slaves. These slaves were bought and sold, and their masters considered their labor as a source of income. The more slaves one had, the more affluent he was considered. Islam adopted every possible means for the freedom of existing slaves, but did not prohibit slavery outright as it did with alcohol or usury, nor did it issue a compulsory command to free all slaves, but encouraged freeing slaves and described its reward. Abu Hurairah (may Allah be pleased with him) said: I heard the Messenger of Allah (peace and blessings be upon him) say: [ مَنْ أَعْتَقَ رَقَبَةً مُؤْمِنَةً أَعْتَقَ اللّٰهُ بِكُلِّ عُضْوٍ مِنْهُ عُضْوًا مِنَ النَّارِ حَتّٰی يُعْتِقَ فَرْجَهُ بِفَرْجِهِ ] [ ترمذي، النذور و الأیمان، باب ما جاء في ثواب من أعتق رقبۃ : ۱۵۴۱، قال الترمذي حسن صحیح وقال الألباني صحیح ] "Whoever frees a believing slave, Allah will free a limb of his for every limb of the slave, even his private part for the slave's private part." For the expiation of several acts, freeing a slave was prescribed, such as for oaths, zihar, accidental killing, and for intercourse during obligatory fasting, freeing a slave was given preference. Despite this, slavery was not prohibited because wars will continue until the Day of Judgment and captives will continue to be taken. In such situations, the kind of atrocities and abuses that soldiers of a non-Muslim government commit against the women of a defeated nation are no secret. In the last two world wars, the way helpless captive women were violated by several soldiers and the savagery displayed is the worst stigma on the foreheads of these so-called civilized beasts. No one is willing to take responsibility for the health, honor, or children of these poor women, while everyone tries to fulfill his lust as much as possible. Islam prohibited such immorality and savagery and opened a pure way of taking female slaves, in which a captive woman becomes the concubine of one man, and only he is permitted to benefit from her like a wife. The children born from her are heirs of the father just like those born from a wife, and if she becomes a mother of children, she is automatically freed after the master's death. If her heirs wish to free her, instead of dealing with a government, they can easily free her by dealing with her master. In short, Islam's permission of slavery is a guarantee of purity and chastity for men and women. The disbelievers, by prohibiting slavery altogether, have done no favor to the men and women who become captives, but have opened the door to oppression, immorality, and savagery, and this is the result of disbelief, whereas Islam is a guarantor of justice, mercy, purity, and chastity, and ensures the comfort and ease of slaves and concubines and opens every possible way for their freedom.

➐ {وَ لَا تُكْرِهُوْا فَتَيٰتِكُمْ عَلَى الْبِغَآءِ … : ’’ الْبِغَآءِ ‘‘} means adultery, but this word is used only for a woman's adultery. It is said: {’’بَغَتْ، تَبْغِيْ بِغَاءً، فَهِيَ بَغِيٌّ وَ لِلْجَمَاعَةِ بَغَايَا۔‘‘} {’’فَتَيَاتٌ‘‘ ’’ فَتَاةٌ ‘‘} is the plural of it, meaning a young girl, just as {’’فَتًي‘‘} means a young boy. Generally, for slaves and concubines, the words {’’عَبْدٌ‘‘} and {’’أَمَةٌ‘‘} are used, as in the previous verse Allah said: «{ وَ اَنْكِحُوا الْاَيَامٰى مِنْكُمْ وَ الصّٰلِحِيْنَ مِنْ عِبَادِكُمْ وَ اِمَآىِٕكُمْ }» Therefore, it is permissible to use the words {’’عَبْدٌ‘‘} and {’’أَمَةٌ‘‘} for slaves and concubines, but it is better to use {’’فَتًي‘‘} for a male slave and {’’فَتَاةٌ‘‘} for a female slave. The Messenger of Allah (peace and blessings be upon him) said: [ لَا يَقُلْ أَحَدُكُمْ عَبْدِيْ وَلَا أَمَتِيْ، وَلْيَقُلْ فَتَايَ وَفَتَاتِيْ وَغُلاَمِيْ ] [ بخاری، العتق، باب کراھیۃ التطاول علی الرقیق : ۲۵۵۲، عن أبي ھریرۃ رضی اللہ عنہ ] "None of you should say {’’عَبْدِيْ‘‘} and {’’أَمَتِيْ‘‘}, but rather say {’’فَتَايَ‘‘، ’’فَتَاتِيْ‘‘} and { ’’غُلَامِيْ‘‘ }." Here, instead of {’’إِمَائَكُمْ‘‘}, the word {’’ فَتَيٰتِكُمْ ‘‘} is used for slave girls to indicate their chivalry, that even as slave girls, they wish to remain chaste. (Baqa'i) Here is a question: Allah said, "Do not compel your slave girls to prostitution if they wish to remain chaste." Does this mean that if they do not wish to remain chaste, they may be compelled to prostitution? The scholars have answered this in two ways: first, that only those who wish to remain chaste are compelled to prostitution; those who do not wish to remain chaste do not need to be compelled, so it is said, do not compel them. The second answer is that the word {’’ اِنْ ‘‘ } (if) here is not for a condition but to describe the incident for which this verse was revealed. The incident was that Abdullah bin Ubayy and people like him used to force their slave girls into prostitution, while they wished to remain chaste. Jabir bin Abdullah (may Allah be pleased with them) narrated that Abdullah bin Ubayy ibn Salul had a slave girl named Musaykah and another named Umaymah; he used to force them into prostitution. Both complained to the Messenger of Allah (peace and blessings be upon him), so Allah revealed this verse: « وَ لَا تُكْرِهُوْا فَتَيٰتِكُمْ عَلَى الْبِغَآءِ اِنْ اَرَدْنَ تَحَصُّنًا لِّتَبْتَغُوْا عَرَضَ الْحَيٰوةِ الدُّنْيَاوَ مَنْ يُّكْرِهْهُّنَّ فَاِنَّ اللّٰهَ مِنْۢ بَعْدِ اِكْرَاهِهِنَّ غَفُوْرٌ رَّحِيْمٌ » [ مسلم، التفسیر، باب في قولہ تعالٰی : «ولا تكرهوا فتياتكم علي البغاء» : 3029/27 ] An example of this is the verse: «{ وَ اِذَا ضَرَبْتُمْ فِي الْاَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ اَنْ تَقْصُرُوْا مِنَ الصَّلٰوةِ اِنْ خِفْتُمْ اَنْ يَّفْتِنَكُمُ الَّذِيْنَ كَفَرُوْا }» [ النساء : ۱۰۱ ] "And when you travel in the land, there is no blame upon you for shortening the prayer, if you fear that those who disbelieve may harm you." Here, the mention of fear is not for a condition but is in view of the incident for which the verse was revealed. This second answer is more correct than the first, because even if the slave girls do not wish to remain chaste, it is not necessary that they are willing to commit adultery with the person their master is forcing them to.

➑ { لِتَبْتَغُوْا عَرَضَ الْحَيٰوةِ الدُّنْيَا:} This does not mean that if seeking worldly gain is not intended, then one may make slave girls commit adultery; rather, this too is to describe the incident, that the purpose of those who did this was to seek worldly goods. In a narration of Sahih Muslim, Abdullah bin Ubayy used to say to his slave girl: "Go and bring something for us," so this verse was revealed about him. [ دیکھیے مسلم : ۳۰۲۹ ] The Messenger of Allah (peace and blessings be upon him) forbade earnings from a woman's prostitution. Abu Mas'ud Al-Ansari (may Allah be pleased with him) said: "The Messenger of Allah (peace and blessings be upon him) forbade the price of a dog, the earnings of a prostitute, and the soothsayer's fee." [ بخاري، البیوع، باب ثمن الکلب : ۲۲۳۷ ] Abu Hurairah (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) said: [ لَا يَحِلُّ ثَمَنُ الْكَلْبِ وَلَا حُلْوَانُ الْكَاهِنِ وَلَا مَهْرُ الْبَغِيِّ ] [ نسائي، الصید والذبائح، باب النھي عن ثمن الکلب : ۴۲۹۸ ] "Neither the price of a dog is lawful, nor the soothsayer's fee, nor the earnings of a prostitute."

➒ { وَ مَنْ يُّكْرِهْهُّنَّ فَاِنَّ اللّٰهَ مِنْۢ بَعْدِ اِكْرَاهِهِنَّ غَفُوْرٌ رَّحِيْمٌ :} Adultery is such an act that even when done under compulsion, there is some involvement of personal pleasure, so Allah said that after being forced, the slave girls will not be held accountable for their share in the sin. Allah is Forgiving and Merciful to them; their sin is upon those who forced them. According to the narration of Ali bin Abi Talhah from Ibn Abbas (may Allah be pleased with them), this is the interpretation, and it is also apparent and preferred. In Tafsir Sa'di, it is stated: "In this verse, those who force slave girls into adultery are invited to repent, that if they repent, then even after forcing them, Allah is Forgiving and Merciful, so they should repent to Allah and refrain from this crime in the future." Besides this verse, another glimpse of Allah's mercy is seen in this verse: «{ اِنَّ الَّذِيْنَ فَتَنُوا الْمُؤْمِنِيْنَ وَ الْمُؤْمِنٰتِ ثُمَّ لَمْ يَتُوْبُوْا فَلَهُمْ عَذَابُ جَهَنَّمَ وَ لَهُمْ عَذَابُ الْحَرِيْقِ }» [ البروج : ۱۰ ] "Indeed, those who put believing men and believing women to trial, then do not repent, for them is the punishment of Hell and the punishment of burning." Such is the extent of Allah's attribute of forgiveness and mercy, that even for those who burn His friends in the fire and watch, the warning of Hell's punishment is only if they do not repent.

The exegesis of this verse has been done along with the previous verse.

33. And let those who do not find the means to marry remain chaste until Allah enriches them out of His bounty [53]. And if any of those whom your right hands possess seek a contract of emancipation [54], then make such a contract with them if you know there is good in them, and give them from the wealth Allah has given you [55]. And do not compel your slave girls to prostitution if they desire chastity, seeking the temporary gains of worldly life [56]. And if anyone compels them [57], then after their compulsion, Allah is Forgiving and Merciful to them.

[53] In the footnote to the previous verse, it has already been mentioned that those young men who do not have the means for marriage and running a household, the Messenger of Allah ﷺ advised them to fast and made it clear that fasting will greatly help you remain chaste and pure. It is not unlikely that, due to the blessing of this self-restraint and chastity, Allah Almighty will provide them with the best opportunity for marriage and grant them wealth as well. In society, there are many people who are themselves wealthy, but when it comes to marrying off their daughters, they seek a match who is noble, righteous, and of pure character. They do not consider their daughter's poverty because they themselves have the means to remedy the poverty of the couple. Moreover, there are countless ways to receive Allah's grace. A person should simply remain obedient to Him.

[54] It should be noted that in the Prophetic era, a large portion of society consisted of slaves and slave-girls, and this had become an inseparable part of society. A person's wealth was measured by how many slaves he possessed. In other words, these slaves became a source of income for free people. Slaves were freely bought and sold in markets, just as sheep and cattle are traded among us. Islam considered this practice of slavery highly undesirable. Every possible means was adopted for the emancipation of slaves, but unlike wine and usury, it was not completely abolished. The reason is that wars will continue until the Day of Judgment, and captives will continue to be taken. On such occasions, it is no secret what kind of abuses and atrocities soldiers of a non-Muslim government inflict upon the women of a conquered nation. Islam declares such immorality and oppression to be forbidden and, instead, opens lawful avenues of "ma malakat aymanukum" (those whom your right hands possess). On the basis of this high moral value, Islam did not completely abolish prisoners of war and "ma malakat aymanukum." To discourage the practice of slavery, Islam made the emancipation of slaves the expiation for many sins. One of the categories of zakat expenditures was also declared to be for this purpose. Muslims were encouraged to free slaves by promising them great rewards. In short, this is a lengthy topic. Among such means, "mukatabah" is also a way for slaves to gain freedom. The literal meaning of "mukatabah" is mutual writing or correspondence, and technically, it refers to the (written or verbal) agreement reached by mutual consent between the owner and the slave for the slave's freedom. For example, the slave promises to pay a certain amount either in a lump sum or in installments after or within a specified period. If a slave makes such a request to his owner, the owner should accept it. The owner is not allowed to add any further conditions to this agreement, as is evident from the following hadith: 'Umrah bint Abd al-Rahman says: Barirah, a slave-girl, came to Hazrat Aisha ؓ seeking help regarding her "kitabah" (contract of emancipation). She (Aisha) said: "If you wish, I will pay your owners the amount, but the wala' (inheritance) will be mine." Her owners said: "If you wish, pay the remaining amount of the contract, and then, even if she is freed, her inheritance will be ours." Hazrat Aisha ؓ says: When the Prophet ﷺ arrived, I mentioned this to him, and he ﷺ said: "Buy Barirah and set her free. The inheritance belongs to the one who sets her free." Then he ﷺ ascended the pulpit and said: "What is wrong with people who stipulate conditions that are not in the Book of Allah? Any condition that is not in the Book of Allah, even if there are a hundred such conditions, will be of no benefit." [بخاری۔ کتاب الصلوۃ۔ باب ذکر البیع والشراء فی المسجد]

If a Slave Wishes to Make a Mukatabah Contract with His Owner, It Should Be Accepted:

For the owner, this matter is obligatory. That is, it cannot be that the owner may accept the slave's request for mukatabah if he wishes, and reject it if he does not wish, and if the owner is not willing, then he should be compelled by the Islamic government to enter into such an agreement. However, Allah Almighty Himself has stipulated a condition for such a mukatabah, and that is: if the owner, with honesty and without greed, believes that this freedom will not actually be in the best interest of the slave or slave-girl, that after being freed from slavery, he or she will not go about committing theft, adultery, or various other misdeeds—if there is such assurance, then he should certainly set him free, so that he may find his place in society and, if he wishes, marry by his own choice. Also, in any field, the slave should not be restricted due to slavery. Or, the meaning of "good" could be whether he is able to fulfill his promise, i.e., whether he is capable of paying the agreed amount or not.

[55]
Financial Assistance for the Mukatab:

The addressees of this phrase can be the general members of society, who should provide financial assistance to the slave in paying the amount for mukatabah. It can also refer to the owners of slaves, who may waive a portion of the agreed amount, and it can refer to the Islamic government, which may assist such a person from the zakat fund.

[56] The Arabs considered slaves and slave-girls as a source of income. The more slaves one had, the wealthier he was considered. To understand this, consider that nowadays, if one factory employs ten workers and another employs fifty, the owner of the factory with fifty workers will certainly become much wealthier than before. In this context, some evil-minded people, in order to increase their income, would force their slave-girls into prostitution. Abdullah bin Ubayy, the chief of the hypocrites, was notorious for this. Some of his slave-girls became Muslim and refused to engage in prostitution, upon which that accursed man would beat them. This verse was revealed regarding this matter. [مسلم۔ كتاب التفسير عن جابر]

Adultery itself is a forbidden and reprehensible act. These two sentences have further increased the abhorrence of adultery, making such an act an extremely serious crime. That is, even if the slave-girls do not wish to remain chaste, adultery is still forbidden and reprehensible, and if they do wish to remain chaste but are forced into it, then this becomes an even graver crime. Similarly, if a person commits or causes adultery without any greed, its prohibition and condemnation remain. But when this act is done solely for the sake of a paltry worldly gain, the severity and heinousness of this crime increase even more.

[57] That is, whoever is forced into immorality, Allah will forgive her for this sin, while this sin will be added to the account of the one who compelled him. And, as mentioned earlier with reference to Tirmidhi, the punishment for adultery was waived for the woman who was raped.