Surah An-Nisaa (4) — Ayah 24

(Ayah 24) ➊ {وَ الْمُحْصَنٰتُ مِنَ النِّسَآءِ …:} In the above verse, the mention was of prohibited relationships; they are forbidden in all circumstances, even if any of those women come as a slave woman to someone. On this basis, the scholars have written that bringing together two sisters is not only forbidden in marriage but also if both are slave women of one owner, it is forbidden for him to have relations with both. (Ibn Kathir) Now here it is stated that those women who have husbands present, marrying them is also forbidden, except in the case of war, when women from the land of war come as captives, after the distribution of the spoils of war, those who come into one's share, after "Istibra’" it is permissible to have relations with them, even if their husbands are still present behind. {’’استبراء‘‘} This means that the woman becomes pure from one menstrual cycle, or if she is pregnant, she gives birth. It is narrated from Abu Sa'id Khudri (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) sent an army towards Autas on the day of Hunain (8 AH), they confronted the enemy, fought, and were victorious, and many captives came into their hands. (After the distribution, the slave women who came into their share) the noble companions (may Allah be pleased with them) considered it a sin to have relations with those captive women, because their polytheist husbands were present, so Allah Almighty revealed this verse: «{ وَ الْمُحْصَنٰتُ مِنَ النِّسَآءِ اِلَّا مَا مَلَكَتْ اَيْمَانُكُمْ }» meaning, after the waiting period, they have been made lawful for you. [ مسلم، الرضاع، باب جواز وطیٔ المسبیۃ… : ۱۴۵۶ ]

➋ The literal meaning of "Iḥṣān" is to protect. In the Noble Qur'an, this word has come in several meanings: (1) In the meaning of married women, as at the beginning of this verse {”الْمُحْصَنٰتُ“} (with a fatha on the letter "Saad") is the passive participle form. (2) In the meaning of free women, as in the next verse. (3) In the meaning of chaste women, as in the following verse and in Surah Al-Ma'idah (5).

➌ { كِتٰبَ اللّٰهِ عَلَيْكُمْ:} That is, marrying those prohibited relationships mentioned above is the command of Allah Almighty, which you are obliged to accept. (Ibn Kathir)

➍ {وَ اُحِلَّ لَكُمْ مَّا وَرَآءَ ذٰلِكُمْ:} And besides them, the women who are allowed for you are lawful, provided that their prohibition has not come in the hadith, for example, the Messenger of Allah (peace and blessings be upon him) forbade marrying a woman together with her maternal or paternal aunt at the same time. There are a few other such cases, for example, keeping more than four women in marriage at the same time, or temporary marriage (mut'ah), or halalah, or marrying the daughter of the Messenger of Allah (peace and blessings be upon him) and the daughter of the enemy of Allah (Abu Jahl) in one marriage, or marrying without the permission of a guardian (wali), or shighar marriage, i.e., exchange marriage in which the condition is that if you give a relation, I will give a relation, even if the dowry is fixed after this condition, the marriage is still forbidden. As in Abu Dawood, Abbas bin Abdullah bin Abbas married his daughter to Abdur Rahman bin Hakam, and Abdur Rahman bin Hakam married his daughter to him, so Muawiyah (may Allah be pleased with him) wrote to Marwan and ordered him to separate the two, and both had also fixed the dowry. [ أبوداوٗد، النکاح، باب فی الشغار : ۲۰۷۵۔ و صححہ الألبانی ]

➎ { اَنْ تَبْتَغُوْا بِاَمْوَالِكُمْ … :} It is stated in "Mawdhih" that apart from the aforementioned prohibited relatives, all others are lawful, but with four conditions: First, that you seek (them), i.e., there is verbal offer and acceptance from both sides; second, that you accept to give wealth, i.e., dowry; third, that the intention is to bring those women into permanent possession (marriage), not just for lust (as in adultery), i.e., the woman becomes the man's wife, and cannot be left except by divorce, i.e., there is no mention of a month or year (duration). From this, it is understood that mut'ah is forbidden (and so is halalah, because in that too, the intention is to divorce after intercourse). Fourth, that it is not a secret relationship, meaning there are witnesses to the marriage, at least two men or one man and two women; these four conditions are understood from this verse. Included in this fourth condition is that the marriage is conducted by a guardian (wali), because marriage without a wali is included in secret relationships. Islam has declared marriage without a wali invalid; for evidence from Qur'an and Hadith, see Sahih Bukhari in {’’کتاب النكاح، باب من قال لا نكاح إلا بولي: ۵۱۲۷‘‘}

➏ {فَمَا اسْتَمْتَعْتُمْ بِهٖ:} That is, after marriage, from the women you benefit from, i.e., have intercourse with, give them their full dowry. Most of the earlier and later commentators have interpreted "istimta'" to mean intercourse after a legal marriage (with the four conditions mentioned above). The Rafidah have tried to prove the permissibility of mut'ah from this, but the scholars of Ahl al-Sunnah are unanimously agreed on its prohibition. In the early years of migration, indeed, the Messenger of Allah (peace and blessings be upon him) (not on the basis of this verse, but) on the basis of the custom that continued from before Islam (which is called "istishab al-hal"), on some occasions and as needed, permitted mut'ah, but later the Prophet (peace and blessings be upon him) in very clear words forbade it until the Day of Judgment. Sabrah bin Ma'bad al-Juhani (may Allah be pleased with him) states that he was with the Messenger of Allah (peace and blessings be upon him) at the conquest of Makkah, and on that occasion, the Prophet (peace and blessings be upon him) said: "O people! I had permitted you to contract mut'ah with women, but now Allah Almighty has forbidden it until the Day of Judgment, so whoever has women from mut'ah should leave them, and whatever wealth you have given them, do not take it back from them." [ مسلم، النکاح، باب نکاح المتعۃ… : 1406/21 ] Also, mut'ah women are neither slave women nor wives, so how can mut'ah be permissible with them? See Surah Al-Mu’minun (5 to 7).

➐ {وَ لَا جُنَاحَ عَلَيْكُمْ …:} That is, if the husband and wife, by mutual consent, make an increase or decrease in the agreed dowry, there is no harm in it.