Marriage
Sura-2 [Al-Baqara medina 87]
The Quranic Text & Ali’s version:
أُحِلَّ
لَكُمْ
لَيْلَةَ الصِّيَامِ
الرَّفَثُ إِلَى
نِسَآئِكُمْ...
2:187. Permitted to you, on the night of the fasts, is the approach to your wives.
... هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ ...
They are your garments. And ye are their garments.
C195. Men and women are each other's garments: i.e., they are for mutual support, mutual comfort, and mutual protection, fitting into each other as a garment fits the body.
A garment also is both for show and concealment.
The question of sex is always delicate to handle: here we are told that even in such matters a clear, open, and honest course is better than fraud or self-deception. The sex instinct is classed with eating and drinking, an animal thing to be restrained, but not to be ashamed of. The three things are prohibited during the fast by day, but permitted after the fast is broken at night till the next fast commences.
... عَلِمَ اللّهُ أَنَّكُمْ كُنتُمْ تَخْتانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنكُمْ...
Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you;
... فَالآنَ بَاشِرُوهُنَّ وَابْتَغُواْ مَا كَتَبَ اللّهُ لَكُمْ...
so now associate with them, and seek what Allah hath ordained for you,
C196. There is difference of opinion as to the exact meaning of this. I would connect this as a parallel clause with the clause "eat and drink", which follows, all three being governed by "until the white thread", etc.
That is, all three things must stop when the fast begins again in the early morning.
Or it may mean: What is permitted is well enough, but seek the higher things ordained for you.
... وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ...
and eat and drink, until the white thread of dawn appear to you distinct from its black thread;
C197. Those in touch with Nature know the beautiful effects of early dawn.
First appear thin white indefinable streaks of light in the east; then a dark zone supervenes; followed by a beautiful pinkish white zone clearly defined from the dark.
This is the true dawn; after that the fast begins.
... ثُمَّ أَتِمُّواْ الصِّيَامَ إِلَى الَّليْلِ...
then complete your fast till the night appears;
C198. Till the night appears: From the actual practice of the Holy Prophet, this is rightly interpreted to mean: "Till sunset."
... وَلاَ تُبَاشِرُوهُنَّ وَأَنتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ ...
but do not associate with your wives while ye are in retreat in the mosques.
C199. This verse refers to the known Islamic practice called i'tikaf which means retreating to Mosques for devotion and worship. The Prophet (peace be on him) used to retreat to the mosque during the last ten days of Ramadan. [Eds].
... تِلْكَ حُدُودُ اللّهِ فَلاَ تَقْرَبُوهَا...
Those are limits (set by) Allah; approach not nigh thereto.
C200. I construe these limits as applying to the whole of the regulations about fasts.
... كَذَلِكَ يُبَيِّنُ اللّهُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ ﴿١٨٧﴾
Thus doth Allah make clear His signs to men, that they may learn self-restraint.
وَلاَ
تَنكِحُواْ
الْمُشْرِكَاتِ
حَتَّى يُؤْمِنَّ...
2:221. Do not marry unbelieving women (idolaters), until they believe;
C245a. Literally "Pagan".
... وَلأَمَةٌ مُّؤْمِنَةٌ خَيْرٌ مِّن مُّشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ ...
a slave woman who believes is better than an unbelieving woman, even though she allure you.
C245a. Literally "Pagan".
... وَلاَ تُنكِحُواْ الْمُشِرِكِينَ حَتَّى يُؤْمِنُواْ...
Nor marry (your girls) to unbelievers until they believe:
C245a. Literally "Pagan".
... وَلَعَبْدٌ مُّؤْمِنٌ خَيْرٌ مِّن مُّشْرِكٍ وَلَوْ أَعْجَبَكُمْ ...
a man slave who believes is better than an unbeliever, even though he allure you.
C246. Marriage is a most intimate communion, and the mystery of sex finds its highest fulfilment when intimate spiritual harmony is combined with the physical link. If religion is at all a real influence in life to both parties or to either party, a difference in this vital matter must affect the lives of both more profoundly than differences of birth, race, language, or position in life. It is therefore only right that the parties to be married should have the same spiritual outlook. If two person love each other, their outlook in the highest things of life must be the same.
Note that religion is not here a mere label or a matter of custom or birth. The two persons may have been born in different religions, but if, by their mutual influence, they come to see the truth in the same way, they must openly accept the same rites and the same social brotherhood. Otherwise the position will become impossible individually and socially.
... أُوْلَـئِكَ يَدْعُونَ إِلَى النَّارِ وَاللّهُ يَدْعُوَ إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ...
Unbelievers do (but) beckon you to the fire. But Allah beckons by His grace to the Garden (of Bliss) and forgiveness,
... وَيُبَيِّنُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ ﴿٢٢١﴾
and makes His Signs clear to mankind: that they may receive admonition
Asad’s Version:
2: 187 It is lawful for you to go in unto your wives during the night preceding the [day’s] fast: they are as a garment for you, and you are a garment for them. God is aware that you would have deprived yourselves of this right, and so He has turned unto you in His mercy and removed this hardship from you. Now, then you may lie with them shin to skin, and avail yourselves God has ordained for you, and eat and drink until you can discern the white streak of dawn against the blackness of night, and then resume fasting until nightfall; but do not lie with them skin to skin when you are abut to abide in meditation in houses of worship.
Yusuf Ali Permitted to you on the night of the fasts is the approach to your wives. They are your garments. And ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them and seek what Allah hath ordained for you and eat and drink until the white thread of dawn appear to you distinct from its black thread; then complete your fast till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are limits (set by) Allah; approach not nigh thereto. Thus doth Allah make clear His signs to men that they may learn self-restraint.
Pickthall It is made lawful for you to go unto your wives on the night of the fast. They are raiment for you and ye are raiment for them. Allah is aware that ye were deceiving yourselves in this respect and He hath turned in mercy toward you and relieved you. So hold intercourse with them and seek that which Allah hath ordained for you, and eat and drink until the white thread becometh distinct to you from the black thread of the dawn. Then strictly observe the fast till nightfall and touch them not, but be at your devotions in the mosques. These are the limits imposed by Allah, so approach them not. Thus Allah expoundeth His revelations to mankind that they may ward off (evil).
Transliteration Uhilla lakum lailatas siya_mir rafasu ila_ nisa_'ikum, hunna liba_sul lakum wa antum liba_sul lahunn(a), 'alimalla_hu annakum kuntum takhta_nu_na anfusakum fa ta_ba 'alaikum wa 'afa_ 'ankum, fal a_na ba_syiru_hunna wab tagu_ ma_ kataballa_hu lakum wa kulu_ was rabu_ hatta yatabayyana lakumul khaitul abyadu minal khaitil aswadi minal fajr(i), summa atimmus siya_ma ilal lail(i), wa la_ tuba_syiru_hunna wa antum 'a_kifu_n(a), fil masa_jid(i), tilka hudu_dulla_hi fala_ taqrabu_ha_, kaza_lika yubayyinulla_hu a_ya_tihi lin na_si la'allahum yattaqu_n(a).
195 Men and women are each other's garments: i.e., they are for mutual support, mutual comfort, and mutual protection, fitting into each other as a garment fits the body. A garment also is both for show and concealment. The question of sex is always delicate to handle: here we are told that even in such matters a clear, open, and honest course is better than fraud or self-deception. The sex instinct is classed with eating and drinking, an animal thing to be restrained, but not to be ashamed of. The three things are prohibited during the fast by day, but permitted after the fast is broken at night till the next fast commences. (2.187)
196 There is difference of opinion as to the exact meaning of this. I would connect this as a parallel clause with the clause "eat and drink", which follows, all three being governed by "until the white thread", etc. That is, all three things must stop when the fast begins again in the early morning. Or it may mean: What is permitted is well enough, but seek the higher things ordained for you. (2.187)
197 Those in touch with Nature know the beautiful effects of early dawn. First appear thin white indefinable streaks of light in the east; then a dark zone supervenes; followed by a beautiful pinkish white zone clearly defined from the dark. This is the true dawn; after that the fast begins. (2.187)
198 Till the night appears: From the actual practice of the Holy Apostle, this is rightly interpreted to mean: "Till sunset." (2.187)
199 Retreat to the Mosques by night after the fast is broken is specially recommended towards the end of Ramadham, so that all carnal temptations may be avoided. (2.187)
200 I construe these limits as applying to the whole of the regulations about fasts. (2.187)
201 Besides the three primal physical needs of man, which are apt to make him greedy, there is a fourth greed in society, the greed of wealth and property. The purpose of fasts is not completed until this fourth greed is also restrained. Ordinarily honest men are content if they refrain from robbery, theft, or embezzlement. Two more subtle forms of the greed are mentioned here. One is where one uses one's own property for corrupting others - judges or those in authority - so as to obtain some material gain even under the cover and protection of the law. The words translated "other people's property" may also mean "public property". A still more subtle form is where we use our own property or property under our own control - "among yourselves" in the Text - for vain or frivolous uses. Under the Islamic standard this is also greed. Property carries with it its own responsibilities. If we fail to understand or fulfil them, we have not learnt the full lesson of self-denial by fasts. (2.188) ]
2: 221 And do not marry women who ascribe divinity to aught beside God are they attain to true belief: for any believing bondwoman is certainly better that a woman who ascribes divinity to aught beside God, even though she please you greatly. And do not give your women in marriage to men who ascribe divinity to aught beside God ere they attain to true belief: for any believing bondman is certainly better than a man who ascribes divinity to aught beside God, even though he please you greatly......
Sura-4 [Al Nissa Medina 92]
The Quranic Text & Ali’s version:
وَإِنْ
خِفْتُمْ
أَلاَّ
تُقْسِطُواْ
فِي
الْيَتَامَى
فَانكِحُواْ
مَا
طَابَ
لَكُم
مِّنَ
النِّسَاء
مَثْنَى
وَثُلاَثَ
وَرُبَاعَ...
4:3. If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four;
C508. Notice the conditional clause about orphans, introducing the rules about marriage.
This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity.
The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependants if you have any. If not, make other arrangements for the orphans.
... فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ...
but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess.
... ذَلِكَ أَدْنَى أَلاَّ تَعُولُواْ ﴿٣﴾
That will be more suitable, to prevent you from doing injustice.
C509. The unrestricted number of wives of the "Times of Ignorance" was now strictly limited to a maximum of four, provided you could treat them with equality. (R).
يَا
أَيُّهَا
الَّذِينَ
آمَنُواْ
لاَ
يَحِلُّ
لَكُمْ
أَن
تَرِثُواْ
النِّسَاء
كَرْهًا...
4:19. O ye who believe!
ye are forbidden to inherit women against their will.
C527. Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow or widows along with his goods and chattels. This shameful custom is forbidden.
See also 4:22 below.
... وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ...
Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them, except where they have been guilty of open lewdness;
C528. Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a Khul'a divorce (see 2:229, n. 258) or
its equivalent in pre-Islamic custom, when the dower could be claimed back. This is also forbidden. Or
the harshness may be exercised in another way: a divorced woman may be prevented by those who have control of her, from remarrying unless she remits her dower.
All kinds of harshness are forbidden.
... وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ...
on the contrary live with them on a footing of kindness and equity.
... فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا ﴿١٩﴾
If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
وَإِنْ
أَرَدتُّمُ
اسْتِبْدَالَ
زَوْجٍ
مَّكَانَ
زَوْجٍ
وَآتَيْتُمْ
إِحْدَاهُنَّ
قِنطَارًا
فَلاَ
تَأْخُذُواْ
مِنْهُ
شَيْئًا...
4:20. But if ye decide to take one wife in place of another, even if ye had given the latter a whole treasure for dower, take not the least bit of it back:
C529. Treasure: Qintar; a Talent of gold:
see 3:14, first note.
... أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً ﴿٢٠﴾
would ye take it by slander and a manifest wrong?
وَكَيْفَ
تَأْخُذُونَهُ
وَقَدْ
أَفْضَى
بَعْضُكُمْ
إِلَى
بَعْضٍ
وَأَخَذْنَ
مِنكُم
مِّيثَاقًا
غَلِيظًا
﴿٢١﴾
4:21. And how could ye take it when ye have gone in unto each other, and they have taken from you a solemn covenant?
وَالْمُحْصَنَاتُ
مِنَ
النِّسَاء
إِلاَّ
مَا
مَلَكَتْ
أَيْمَانُكُمْ
...
4:24. Also (prohibited are) women already married, except those whom your right hands possess.
C537. Whom your right hands possess: i.e., captives in a Jihad. (R).
... كِتَابَ اللّهِ عَلَيْكُمْ...
Thus hath Allah ordained (prohibitions) against you:
... وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ...
except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property, desiring chastity, not lust.
C538. After defining the prohibited degrees, the verse proceeds to say that women other than those specified may be sought in marriage, but even so, not from motives of lust, but in order to promote chastity between the sexes.
Marriage in the original Arabic is here described by a word which suggests a fortress (hisn): marriage is, therefore, the fortress of chastity.
... فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ...
Seeing that ye derive benefit from them, give them their dowers (at least) as prescribed;
C539. As the woman in marriage surrenders her person, so the man also must surrender. at least some of his property according to his means. And this gives rise to the law of Dower.
A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality.
... وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ ...
but if after a dower is prescribed, ye agree mutually (to vary it), there is no blame on you,
... إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا ﴿٢٤﴾
and Allah is All-Knowing, All-Wise.
وَمَن
لَّمْ
يَسْتَطِعْ
مِنكُمْ
طَوْلاً
أَن
يَنكِحَ
الْمُحْصَنَاتِ
الْمُؤْمِنَاتِ...
4:25. If any of you have not the means wherewith to wed free believing women,
... فَمِن مِّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ...
they may wed believing girls from among those whom your right hands possess:
C540. That is, captives taken in a Jihad:
If you seek such a person in marriage, do it from no base motives. Safeguard your faith, and see that she too does believe.
In that case, after all, she is of the human brotherhood, and her condition is accidental and redeemable.
If the slave bore a child to her master, she would become free. (R).
... وَاللّهُ أَعْلَمُ بِإِيمَانِكُمْ...
and Allah hath full knowledge about your faith.
... بَعْضُكُم مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ...
Ye are one from another: wed them with the leave of their owners,
... وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ...
and give them their dowers, according to what is reasonable: they should be chaste, not lustful, nor taking paramours:
... فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ...
when they are taken in wedlock, if they fall into shame, their punishment is half that for free women.
... ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ ...
This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint:
... وَاللّهُ غَفُورٌ رَّحِيمٌ ﴿٢٥﴾
and Allah is Oft-Forgiving, Most Merciful.
وَيَسْتَفْتُونَكَ
فِي
النِّسَاء...
4:127. They ask thy instruction concerning the women.
... قُلِ اللّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ...
Say: Allah doth instruct you about them:
and (remember) what hath been rehearsed unto you in the Book,
C636. Again and again is it impressed on the community of Islam to be just in their dealings with women, orphans, children, and all whose weakness requires special consideration.
The law about widows and orphans, inheritance, dower, and marriage had already been declared in 4:2-35 and further instructions are now given on a further reference.
It was not right that anyone should take advantage of their helpless position to deprive them of dower or of their portion in inheritance.
... فِي يَتَامَى النِّسَاء الَّلاتِي لاَ تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ...
concerning the orphans of women to whom ye give not the portions prescribed, and yet whom ye desire to marry,
... وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَن تَقُومُواْ لِلْيَتَامَى بِالْقِسْطِ ...
as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans.
Both widows and orphans are to be helped because they are ordinarily weak, ill-treated, and oppressed.
In communities which base their civil rights on brute strength, the weaker go to the wall, and public opinion expects nothing else. In Nietzsche's philosophy of the Superman that doctrine is stressed strongly, and some of the militarist nations in our own time seem inclined to support this reversion to our primitive instincts. Even in modern democracies of the saner sort, we are often told that it is the fate of minorities to suffer; strength of numbers here becomes the passport to power and privilege.
Islam, while upholding sane manly views in general, enjoins the most solicitous care for the weak and oppressed in every way-in rights of property, in social rights, and in the right to opportunities of development.
Spiritual strength or weakness does not necessarily go with physical or numerical strength.
... وَمَا تَفْعَلُواْ مِنْ خَيْرٍ فَإِنَّ اللّهَ كَانَ بِهِ عَلِيمًا ﴿١٢٧﴾
There is not a good deed which ye do, but Allah is well-acquainted therewith.
4: 3…two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one ……….
And consort with your wives in a goodly manner; for if you dislike them, it may well be that you dislike something which God might yet make a source of abundant good.
Marrying Orphan Girls in one’s charge
4:127 And they will ask thee to enlighten them about the laws concerning women, Say: “God [Himself] enlightens you about the laws concerning them” – for in what is being conveyed unto you through this divine writ about orphan women [in your charge],
to whom-because you yourselves may be desirous of marrying them – you do not give that which has been ordained for them; and about helpless children; and about your duty to treat orphans with equity. And whatever good you may do – behold, God has indeed full knowledge thereof. Asad
4:127 They ask thy instruction concerning the Women. Say: Allah doth instruct you about them: And (remember) what hath been rehearsed unto you in the Book, concerning the orphans of women to whom you give not the portions prescribed, and yet whom you desire to marry, as also concerning the children who are week and oppressed; that you stand firm for justice to orphans. There is not a good deed which you do, but Allah is well-acquainted therewith. Ali
5: 5 Lawful women for wedlock from other religion.
Dower
4: 4 Dowry
4:19 O you who have attained to faith! It is not lawful for you to [try to] become heirs to your wives [by holding onto them] against their will' and neither shall you keep them under constraint with a view to taking away anything of what you may have given them, unless it be that they have become guilty, in an obvious manner, of immoral conduct.
4: 20 But if you desire to give up a wife and to take another her stead , do not take away anything of what you may have given the first one, however much it ma y have been.
Would you, perchance, take it away by slandering her and thus committing a manifest sin?
4:21 And how could you take it away after you have given yourselves to one another, and she has received a most solemn pledge from you?
4: 24
Asad And [forbidden to you are] all married women other than those whom you rightfully possess [through wedlock] [note 26]:…………But lawful to you are all [women] beyond these, for you to seek out, offering them of your possessions, taking them in honest wedlock, and not in fornication. And unto those with whom you desire to enjoy marriage, you shall give the dowers due to them; but you will incur no sin if, after [having agreed upon] this lawful due, you freely agree with one another upon anything [else] (note 28): behold, God is indeed all-knowing, wise.
Yusuf Ali Also (prohibited are) women already married except those whom your right hands possess. Thus hath Allah ordained (prohibitions) against you: except for these all others are lawful provided ye seek (them in marriage) with gifts from your property desiring chastity not lust. Seeing that ye derive benefit from them give them their dowers (at least) as prescribed; but if after a dower is prescribed ye agree mutually (to vary it) there is no blame on you and Allah is All-Knowing All-Wise.
Pickthall And all married women (are forbidden unto you save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.
Transliteration Wal muhsana_tu minan nisa_'i illa_ ma_ malakat aima_nukum, kita_balla_hi 'alaikum, wa uhilla lakum ma_ wara_'a za_likum an tabtagu_ bi amwa_likum muhisinan gaira musa_fihin(a), famastamta'tum bihi minhunna fa a_tu_hunna uju_rahunna faridah(tan), wa la_ juna_ha 'alaikum fima_ tara_daitum bihi mim ba'dil faridah(ti), innalla_ha ka_na'aliman hakima_(n).
[ The meaning of ‘aiman’ in singular is contract or agreement, ( ref. Edip Yuksel ]
[ Asad’s note 26: The term “muhsanah” signifies literally “a woman who is fortified [against unchastity]”, and carried three senses: (1) “a married woman”, (2) “a chaste woman, and (3) “a free woman”. According to almost all the authorities, al-muhsanat denotes in the above context “married women”.
As for the expression “ma malakat aymanukum (“those whom your right hands possess”, i.e., “those whom you rightfully possess”), it is often taken to mean female slaves captured in a war in God’s cause (see in this connection 8:67, and the corresponding note). The commentators who choose this meaning hold that such slave-girls can be taken in marriage irrespective of whether they have husbands in the country of their origin or not. However, quite apart from the fundamental differences of opinion, even among the Companions of the Prophet, regarding the legality of such a marriage, some of the most outstanding commentators hold the view that ma malakat aymanukum denotes here “women whom you rightfully possess through wedlock”; thus Razi in his commentary on this verse, and Tabari in one of his alternative explanations (going back to ‘Abd Allah ibn ‘Abbas, Mujahid, and others).
Razi, in particular, points out that the reference to “all married women” (al-muhsanat min an-nisa), coming as it does after the enumeration of prohibition degrees of relationship, is meant to stress the prohibition of sexual relations with any woman other than one’s lawful wife.
Note 28 – Cf. verse 4 of this surah, and the corresponding note.]]
[[ Ali’s notes - 531 This Table of Prohibited Degrees agrees in the main with what is usually accepted among all nations, except in minor details. It begins in the last verse (with father's widows or divorcees). The scheme is drawn up on the assumption that the person who proposes to marry is a man: if it is a woman, the same scheme will apply, mutatis mutandis: it will read: "your fathers, sons, brothers," etc.; or you can always read it from the husband's view of relationship, as there must always be a husband in a marriage. (4.23)
532 "Mother" includes grandmother (through the father or mother), great grandmother, etc.; "daughter" includes grand-daughter (through son or daughter), greatgrand daughter, etc.; "sister," includes full-sister and half-sister. "Father's sister" includes grandfather's sister, etc., and "mother's sister" includes grandmother's sister, etc. (4.23)
533 "Fosterage" or milk-relationships play an important part in Muslim Law, and count like blood-relationships: it would therefore seem that not only foster-mothers and foster-sisters, but foster-mother's sister, etc., all come within the prohibited degrees. (4.23)
534 It is generally held that "under your guardianship" is a description, not a condition. (4.23)
535 "Sons" includes grandsons. (4.23)
536 The bar against two sisters in marriage together applies to aunt and niece together, but not to deceased wife's sister. (4.23)
537 Whom your right hands possess: i.e., captives. (4.24)
538 After defining the prohibited degrees, the verse proceeds to say that women other than those specified may be sought in marriage, but even so, not from motives of lust, but in order to promote chastity between the sexes. Marriage in the original Arabic is here described by a word which suggests a fortress (hisn): marriage is, therefore, the fortress of chastity. (4.24)
539 As the woman in marriage surrenders her person, so the man also must surrender at least some of his property according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality. (4.24) ]]
4: 25
Asad And as for those of you who, owing to circumstances, are nto in a position [note 29] to marry free believing women, [let them marry] believing maidens from among those whom you rightfully possess [note 30]. And God knows all about your faith; each one of you is an issue of the other [note 31]. Marry them, then, with their people’s leave, and give them their dowers in an equitable manner – they being women who give themselves in honest wedlock, not in fornication, not as secret love-companions. And when thee are married, and thereafter become guilty of immoral conduct, they shall be liable to half the penalty to which free married women are liable [note 33]. This [permission to marry slave-girls applies] to those of you who fear lest they stumble into evil. But it is for your own good to persevere in patience [and to abstain for such marriages]: and God is much-forgiving, a disperser of grace.
This permission to mary slave-girls
Yusuf Ali If any of you have not the means wherewith to wed free believing women they may wed believing girls from among those whom your right hands possess: and Allah hath full knowledge about your faith. Ye are one from another: wed them with the leave of their owners and give them their dowers according to what is reasonable: they should be chaste not lustful nor taking paramours: when they are taken in wedlock if they fall into shame their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint: and Allah is Oft-forgiving Most Merciful.
Pickthall And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess. Allah knoweth best (concerning) your faith. Ye (proceed) one from another; so wed them by permission of their folk, and give unto them their portions in kindness, they being honest, not debauched nor of loose conduct. And if when they are honorably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case). This is for him among you who feareth to commit sin. But to have patience would be better for you. Allah is Forgiving, Merciful.
Transliteration Wa mal lam yastati' minkum taulan ay yankihal muhsana_til mu'mina_ti famimma_ malakat aima_nukum min fataya_tikumul mu'mina_t(i), walla_ a'lamu bi ima_nikum, ba'dukum mim ba'd(in), fankihu_hunna bi izni ahlihinna wa a_tu_hunna uju_rahunna bil ma'ru_fi muhsana_tin gaira musa_fiha_tiw wa la_ muttakhiza_ti akhda_n(in), fa iza_ uhsinna fa in ataina bi fa_hisyatin fa 'alaihinna nisfu ma_ 'alal muhsana_ti minal 'aza_b(i), za_lika liman khasyiyal'anata minkum, wa anbiru_ khairul lakum, walla_hu gafu_rur rahim(un).
[[ Ali’s note - 540 That is, captives taken in a Jihad: If you seek such a person in marriage, do it from no base motives. Safeguard your faith, and see that she too does believe. In that case, after all, she is of the human brotherhood, and her condition is accidental and redeemable. If the slave bore a child to her master, she would become free. (4.25) ]]
[[ Asad’s notes – 31 –I.e., since all human beings – whatever their outward “social status” –are members of one and the same human family, and are therefore equal to one another in the sight of God (cf. 3”195), it is only the strength or weakness of faith which makes one person superior or inferior to another. ]]
[[ Ruby’s note – And this judgment belongs to God alone. ]]
5: 5 Lawful women for wedlock from other religion. .....provided that you give them their dowers, taking them in honest wedlock, not in fornication, nor as secret love -companions.
Lawful / Unlawful to marry
Prohibited women to marry: 4:23, 24
4: 24 …But lawful to you are all [women] beyond these, for you to seek out, offering them of your possessions, taking them in honest wedlock, and not in formication.
4: 24 …and unto those with whom you desire to enjoy marriage,……you shall give the dowers……after this lawful due, you freely agree with one another upon anything [else]: behold, God is all knowing, wise.
If Financially not capable:
4: 25 If not in a position to marry a free believing women, [let them marry] believing maidens from among those whom you ( collective you: community) right fully possess.
DISCORD
4: 128 If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlements is best; even though men’s souls are swayed by greed. But if you do good and practise self-restrainst, Allah is well-acquainted with all that you do. Ali, also see Asad.
4:129 And it will not be within your power to treat you wives with equal fairness, however much you may desire it; and so, do not allow yourselves to incline towards one to the exclusion of the other, leaving her in a state, as it were, of having and not having a husband. Asad, see notes
But if you put things to rights and are cnscious of Him – behold, God is indeed much forgiving, a dispenser of Grace.
4: 130 And if husband and wife do separate, God shall provide for each of them out of His abundance: for God is indeed infinite, wise, 6:131 and unto god belongs all that is in the heavens and all that is on earth.