Surah An-Noor (24) — Ayah 33

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.