Sura 4, al-Nissa [The Women], Medina 92 [4 Hijra]
The Quranic Text & Ali’s translation:
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:
... وَاللّهُ أَعْلَمُ بِإِيمَانِكُمْ...
and God 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 God is Oft-Forgiving, Most 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).
4: 25
Asad
And as for those of you who, owing to circumstances, are not 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]
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.
******************************
Ali’s Comments:
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 comments:
29 The phrase lam yastatitawlan is often taken to mean "he is not in a position to afford", i.e., in the financial sense; but Muhammad Abduh very convincingly expresses the view that it applies to all manner of preventive circumstances, be they of a material, personal or social nature (Manar V, 19).
30 In this context, ma malakataymanukum (lit., "those whom your right hands possess") denotes women who were captured in a holy war and have subsequently embraced Islam. In the above phrase, the pronoun "you" refers to the community as a whole.
3 1 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 : 1 95), it is only the strength or weakness of faith which makes one person superior or inferior to another.
32 Lit., "and not taking unto themselves secret love-companions". This passage lays down in an unequivocal manner that sexual relations with female slaves are permitted only on the basis of marriage, and that in this respect there is no difference between them and free women; consequently, concubinage is ruled out.
33 The weaker social status of a slave makes her, obviously, more accessible to temptation than a free married woman is presumed to be.