Surah An-Nisaa (4) — Ayah 25

(Ayah 25) ➊ { وَ مَنْ لَّمْ يَسْتَطِعْ مِنْكُمْ … :} That is, if a person's financial condition does not allow him to marry free Muslim women, then he may marry a slave woman belonging to another Muslim, provided that the slave woman is a Muslim. Here, the permission is not for a person to marry his own slave woman, because her being a slave is itself a reason for the owner to have intercourse with her; no one else can have intercourse with her, and her children will be considered legitimate. However, if he wants to marry her, then he should first set her free and then marry her after freeing her. (Fath al-Qadeer)
➋ { بَعْضُكُمْ مِّنْ بَعْضٍ :} That is, you are all children of Adam (peace be upon him) and your religion is also one, so do not hesitate to marry her merely because she is a slave woman. (Shawkani)
➌ { فَانْكِحُوْهُنَّ۠ بِاِذْنِ اَهْلِهِنَّ:} That is, just as the permission of a guardian (wali) is necessary for marrying a free Muslim woman, similarly, the permission of the owner is necessary for marrying a slave woman. Likewise, a slave man cannot marry without his owner's permission.
➍ { وَ اٰتُوْهُنَّ اُجُوْرَهُنَّ :} Some have understood from these words that the dowry (mahr) is the right of the slave woman, but according to most of the early scholars, this dowry belongs to the owner of the slave woman; the attribution of the dowry to the slave woman is figurative. (Fath al-Qadeer)
➎ { وَ لَا مُتَّخِذٰتِ اَخْدَانٍ: ”اَخْدَانٍ“ ’’خِدْنٌ ‘‘} is the plural of "secret companion." Secret relationships have been forbidden, so witnesses are necessary in marriage.
➏ { نِصْفُ مَا عَلَى الْمُحْصَنٰتِ مِنَ الْعَذَابِ: ”الْمُحْصَنٰتُ“ } contains the definite article of specification, by which specific muhsanat (i.e., virgin free women) are meant, because their punishment is one hundred lashes, which can be halved. The punishment for married free women is stoning, which cannot be halved, nor are {”الْمُحْصَنٰتُ“} meant here; that is, if slave women commit adultery after marriage, they will receive half the punishment of virgin free women, which is fifty lashes. Those who have used this verse as evidence to deny stoning, arguing that since stoning cannot be halved, therefore stoning is not part of the Shariah, have misunderstood the meaning of the definite article and have not understood the correct intent of {’’ الْمُحْصَنٰتُ ‘‘}. Abdullah bin Ayyash Makhzumi says that Umar (may Allah be pleased with him) ordered me and some young men of Quraysh, so we flogged some government slave women fifty lashes each for committing adultery. [ الموطأ، الحدود، باب ما جاء فی حد الزنا : ۱۶ ]
➐ { ذٰلِكَ لِمَنْ خَشِيَ:} That is, marriage to a slave woman with the mentioned conditions is only permissible when there is a fear of falling into immorality. (Qurtubi)
➑ { وَ اَنْ تَصْبِرُوْا خَيْرٌ لَّكُمْ:} Most of the early scholars have deduced from this that it is better not to marry a slave woman, because the children of such a married slave woman also become slaves of her owner. (Ibn Kathir)

25. 1. From this it is understood that the owner of the slave-girl is her guardian; the slave-girl cannot be married off anywhere without his permission. Similarly, a slave cannot marry anywhere without his owner's permission.

25. 2. That is, slave-girls will be given half the punishment, i.e., (50) lashes instead of (100). Thus, there is no punishment of stoning to death (rajm) for them, because that cannot be halved, and for the unmarried, there will be a discretionary punishment (ta'zeer).

25. 3. That is, permission to marry slave-girls is for those who do not have the power to control the passions of youth and there is a fear of falling into immorality. If there is no such fear, then it is better to be patient until one becomes capable of marrying a free, noble woman.

25. [Women, whether free or bondwomen,] are all of the same [human] kind. So, marry them with the permission of their guardians, and give them their dowries according to what is right, so that they are protected in marriage, not committing fornication or taking secret lovers. But if, after marriage, they commit indecency, then their punishment is half that of free women [43]. This [concession] is for those among you who fear falling into sin. But if you are patient, it is better for you [44]. And Allah is Most Forgiving, Most Merciful.

[43] The translation of "muhsanat" is both "free women" and "married women." And in the mentioned verse, the translation can only necessarily be "free, unmarried women," with whom marriage is being permitted. And the second time in the same verse where "muhsanat" ﴿نِصْفُ مَا عَلَي الْمُحْصَنٰتِ مِنَ الْعَذَابِ﴾ is mentioned, its meaning must also necessarily be "free, unmarried women." And since the punishment for a free, unmarried woman who commits adultery is one hundred lashes, therefore, if a married slave woman commits adultery, her punishment is half that of a free, unmarried woman, i.e., fifty lashes. Similarly, the punishment for a male slave is also fifty lashes, and if they are unmarried, their punishment is ta'zir (discretionary punishment), not hadd (fixed punishment).

Half Stoning and the Deception of the Rejecters of Hadith:

This verse not only provides evidence that the punishment mentioned in Surah An-Nur can only be for unmarried men and women, but it also provides an answer to an objection raised by the rejecters of hadith. Such people object by saying: "The punishment for adultery by a married woman, according to hadith, is stoning (rajm). And the punishment for adultery by a married slave woman, according to the Quran, is half the punishment of a married woman, and this becomes half stoning. And since half stoning is not possible, therefore the punishment mentioned in the hadith cannot be correct." And further, they say: "Hadith, in itself, is not a reliable thing, so the correct view is that the punishment for both women and men, whether unmarried or married, without distinction, is one hundred lashes, as mentioned in the Quran."

The Answer to an Objection:

Before answering this objection, it is necessary to clarify linguistically that "ihsan" (protection from adultery) is of two types. One is through freedom, as a free woman is under the protection of her family, and if a slave woman becomes free, she also attains such protection. The second "ihsan" is through marriage, as a husband also becomes a means of protection from adultery. Thus, the translation of "muhsanat" can be "free women" or "married women," and when both types of protection are combined, it can mean "free, married women." Now, the answer to the objection is, as has already been written, that the word "muhsanat" at the beginning of verse number 24 clearly means half the punishment (i.e., fifty lashes) of the punishment for a free, unmarried woman (one hundred lashes), and this is the punishment for a married slave woman who commits adultery. And the rejecters of hadith deceive by translating "muhsanat" as "free, married woman" and then raise this objection, which is also against the context of the verse, which is: "If someone does not have the means to marry a free woman, then he should marry a believing slave woman." Here, the translation of "muhsanat" as "free, married woman" is not possible.

[44] That is, if a free man cannot afford the expenses of marrying a free woman, and he also fears that if he does not marry, he may fall into sexual immorality, then in this case he is permitted to marry a believing slave woman. And it is also said that even then, if you are patient, it is better for you. The form and wisdom of this betterment is known only to Allah; apparently, the benefit is that the offspring will be born free. And the method of patience that the Messenger of Allah ﷺ has described is as follows: Sayyiduna Abdullah bin Mas'ud ؓ says that we were some young men in the service of the Messenger of Allah ﷺ and we did not have the means to marry. So the Prophet ﷺ said: "O young men! Whoever among you has the ability to support a household should get married, for marriage lowers the gaze and protects the private parts. And whoever does not have the ability should fast, for fasting will diminish his desire."
[بخاری۔ کتاب النکاح، باب من لم یستطع الباءۃ فلیصم]