مُحْصَنَٰت

4:26; 5:6.

4:5; 60:11.

Important Words:

المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).

مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).

اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.

استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.

ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.

Commentary:

The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.

It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.

The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."

According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.

Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).

On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.

4:16, 20; 24:20.

Important Words:

طولا (to afford) is noun from طال i.e. he or it was or became long, tall or high. طول means, bounty or gift; ampleness of means; excellence; excess or increase; power or ability; wealth or competence. It may also mean, dowry or expenses of marriage (Lane, Aqrab & Mufradat).

اخدان (secret paramours) is the plural of خدن. They say خادنه i.e. he was or became his friend or companion; or he was or became his secret or private friend. اخدان means friends or secret friends; amorous companions or associates; companions or associates affected with sensual appetency (Lane & Mufradat).

العنت (sins) is the noun-infinitive from عنت i.e. he fell into a difficulty; or he committed a sin or a crime or an act of disobedience; or he committed fornication or adultery. عنت therefore, means, severe difficulty or hardship; a state of perdition; a corrupt or evil state or conduct; a sin or crime, or an act of disobedience deserving punishment; a wrong action (intentional or unintentional); fornication or adultery (Lane & Aqrab). See also 3:119, 2:221.

Commentary:

As God attaches great value to the faith of a Muslim, He does not like it to become impaired by his marrying disbelieving women. Hence the condition that even the bondwoman a Muslim may marry should be a believer.

The words, you are all one from another, are meant to raise believing bondwomen in the estimation of Muslims, who are hereby required not to despise them or treat them with contempt on account of their so-called lower status.

The words, half the punishment, mean 50 stripes, the punishment for (unmarried) free women being 100 stripes. See also 24:3. The word half shows that the verse refers to a punishment which can be halved, and not to stoning to death, which was inflicted on married free women. The punishment definitely prescribed in the Quran (24:3) for a fornicator and a fornicatress is only a hundred stripes, but as the Holy Prophet differentiated between married and unmarried persons, inflicting on the former the punishment of stoning to death, the aforesaid verse has been taken as only applying to unmarried persons.

The expression, this is for him among you who fears lest he should commit sin, shows that Muslims are enjoined to avoid, as far as possible, contracting conjugal relations with bond women taken prisoner from belligerent disbelievers. This is to be done only if, on the one hand, one is not able to marry a free woman and, on the other, by remaining unmarried, one fears to fall into sin. The Muslim Empire of Baghdad fell to pieces because the khalifahs took to contracting conjugal relations with bondwomen. The incompetent princes born of them ruined the State. In most cases, marital relations with bondwomen are calculated to have a demoralizing effect on both husbands and children.

Important Words:

For the meaning of the word محصنین (contracting valid marriage) and مسافحین (committing fornication) and اخدان (secret paramours). See 4:25, 26.

Commentary:

The verse declares that if a person from among the People of the Book invites a Muslim to dinner, it is lawful for the latter to accept the invitation and partake of the food of the former, provided, of course, the food does not include anything forbidden by Islam. Similarly, a Muslim is allowed to invite the People of the Book to dinner.

Some commentators have taken the word طعام (food) in the clause, the food of the People of the Book is lawful for you, in the sense of "flesh of animals used as food." In this sense, the verse would signify that Muslims are allowed to partake of the flesh of an animal slaughtered by one from among the People of the Book, provided, of course, the name of God has been pronounced on the slaughtered animal.

The words, And lawful for you are chaste believing women and chaste women from among those who were given the Book before you, are intended to hint that whereas Islam permits marriage of Muslim men with non-Muslim women from among the People of the Book, it certainly prefers that Muslim men should ordinarily marry only Muslim women.

The words یکفر بالایمان rendered as "rejects the faith" may either mean "turns apostate" which is its primary significance; or it may mean "is ungrateful respecting faith". For the meaning of the particle با see 1:1.

24:24.

Commentary:

The other social evil, second to adultery in heinousness which eats into the vitals of human society, is the slandering of innocent persons. Islam views also with extreme disfavour this social evil which has become so common in the so-called civilized modern society, and severely punishes the accusers of innocent people. The verse under comment mentions three forms of punishment in an ascending order which are to be meted out to a slanderer; first, the physical punishment of scourging; secondly, the disgrace of being branded as a perjurer and a liar which invalidates his evidence and thirdly, the spiritual stigma of being adjudged as a wicked transgressor.

It may be noted that the punishment prescribed for the slanderer who accuses a chaste woman without producing adequate evidence seems to be even more serious than the punishment prescribed for the crime of adultery itself. In the latter case the punishment prescribed is one hundred lashes, only twenty lashes more than those prescribed for slandering. But after undergoing the punishment the adulterer or adulteress has not to carry the disgrace of being branded as a perjurer, nor does he or she lie under the more serious spiritual stigma of being adjudged by God as a wicked transgressor.

The commandment about scandal-mongering is of particular importance in the present state of the so-called civilized society where it has assumed the form of a common social pastime. No wonder that as a result of scandal-mongering sexual immorality has greatly increased, particularly in western countries.

It may also be noted that in this verse no mention has been made of the accusation being true or false. So long as the accuser cannot produce the necessary evidence in support of his charge, the charge would be considered as false and the accuser would render himself liable to the prescribed punishment. Whatever the real facts of the case, the woman with whom adultery is alleged to have been committed will be held innocent so long as the required evidence is not produced. The law is, in fact, intended to suppress with a strong hand the offence of slandering and scandal-mongering which is calculated to encourage the spread of those very crimes which the scandal-mongers hold up to public gaze.

It follows from this verse that a person charged with adultery is held guilty only if four witnesses, in addition to the accuser, are forthcoming who solemnly declare and testify to the fact of having seen with their own eyes the accused person actually committing the crime.

In case the offender himself confesses to the crime, no witnesses will, of course, be required to prove his guilt provided he is in full possession of his senses. From Hadith it appears that in such an event the offender must himself testify four times to having committed the crime. In case a man alleges that he has committed adultery the woman implicated will not be held guilty unless she herself admits that she too has committed the crime. This provision is intended to save the good name of innocent men or women from being besmirched by persons of no character who are not ashamed of confessing to having committed adultery in order to implicate other innocent persons along with themselves.

Similarly, when a person makes an allegation against another, it is the accuser who is required to produce four witnesses to the crime alleged. The accused person has not to prove his innocence. It is only after four witnesses have been produced that he is asked to produce his defence. If the accuser fails to produce the requisite four witnesses, then both he and the witnesses will be liable to punishment on the plea of having made an allegation for which they had not produced the necessary evidence.

The object of such stringent provisions is to discourage the spread of indecent scandals. Such provisions amply refute the criticism that the penalty Islamic Law prescribes for adultery is barbarous. The evidence and the attendant conditions required to prove the commission of adultery are, in fact, almost impossible to produce save in cases where the offence is committed openly and in such cases a severe punishment, in order to be deterrent, is certainly very essential.

If a person confesses to having committed the crime and repeats his confession four times, he will not be punished if he recants at the time of infliction of the punishment. In such an event, however, the culprit will be liable to punishment for slandering the alleged accessory.

The commandment contained in this verse covers both men and women although the word used is المحصنات which means 'chaste women.' In the Arabic language when something has to be said which relates equally to both men and women the gender used is masculine. But when something is said regarding a matter which concerns women more than men, then feminine gender is used. The commandment here relates to punishment for slandering whether the victim of the slander is man or woman but as women generally are more often the victims of such slanders, the verse speaks of 'chaste women'. Similarly the word الذین (those) though in masculine gender applies to both men and women slanderers.

24:5.

Important Words:

غافلات (careless) is the plural of غافلة which is active participle in feminine gender from غفل. They say غفل عنه i.e. he was or became unmindful, forgetful, neglectful or heedless of it or inadvertent to it. An Arab would say من اتبع الصید i.e. he who pursues the object of the chase becomes busy and possessed by it so that he becomes unmindful or unaware of other things. غفل الشیء means, he hid the thing. غفلة means, forgetfulness; heedlessness; inadvertence; lack of consciousness (Lane & Aqrab).

Commentary:

The subject of scandal-mongering and slander is closed with a severe warning to the slanderers that in addition to the corporal punishment they will incur and the moral obloquy that will remain attached to them, they will carry the curse of God on their heads in this world and in the life to come unless they completely cleanse and reform themselves by real, true and sincere repentance. This shows how serious a view Islam takes of the moral offence of slander and scandal-mongering.

Taking into consideration the various meanings of the root word غفل, the word غافلات would signify those righteous women who have no idea or consciousness of having done any wrong. The use of this word in connection with the calumny about ‘A’ishah establishes her complete innocence, implying that that paragon of virtue and righteousness had no idea or consciousness of having done any wrong.