Topic: With Slaves, Widows
View Aspects
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ ۚ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم ۚ بَعْضُكُم مِّنۢ بَعْضٍ ۚ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍ وَلَا مُتَّخِذَٰتِ أَخْدَانٍ ۚ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ ۚ وَأَن تَصْبِرُوا۟ خَيْرٌ لَّكُمْ ۗ وَٱللَّهُ غَفُورٌ رَّحِيمٌ
4:16, 20; 24:20.
本节经文规定了三条重要原则: (a) 女奴应先正式结婚而后才发生夫妻关系。这在 2:222; 4:4; 及24:33各章中也明确说明。因此伊斯兰教根除了它诞生以前阿拉伯社会非常盛行的男女非法同居。(b) 如果女奴犯了通奸, 其处罚为自由妇女犯同样罪恶, 打100鞭子的一半, 这说明用石头砸死并非 (像被误解的那样) 是对通奸的惩罚, 因为用石头砸死是无法减半的。(c) 顺便提一下, 经文似乎指出, 在阿拉伯社会, 结婚的女奴比结婚的自由妇女享有较低的社会地位, 这也许因为女奴曾参加过摧毁伊斯兰教国家的战争。
یہ مطلب نہیں کہ پاکباز ہوں تو مہر دو ورنہ نہ دو۔ بلکہ مطلب یہ ہے کہ ایسی ہی لونڈیوں سے نکاح کرو جن کی پاک دامنی تم پر ثابت ہو۔ اور پھر ان کے مہر آزاد عورتوں کی طرح ادا کرو۔
یعنی لونڈیوں سے شادی کرنا صرف اضطراری حالت میں جائز ہے۔ کیونکہ وہ غیر مذہب اور غیر قوم سے تعلق رکھتی ہیں۔ بہتر یہی ہے کہ اپنی ہم مذہب اور ہم قوم آزاد عورت سے شادی کرو۔
4:16, 20; 24:20.
In Islam no stigma attaches to the status of a handmaid as such; but owing to her relationships and associations she may not prove such a perfect companion as a free believing woman.
This means that only such of them may be married as are chaste and virtuous. Once they are married their dowries must be paid just as in the case of free women.
The verse has laid down three vital principles: (a) Bondwomen should be properly married before conjugal relations are had with them. This is also clear from 2:222; 4:4; and 24:33. Thus Islam has cut at the root of concubinage which was so prevalent in Arab society before its advent. (b) If they commit adultery, bondwomen are to have half the punishment which is 100 stripes for free women for the same offence which shows that stoning to death is not the punishment for adultery, as mistakenly understood, because stoning to death cannot be halved. (c) Incidentally, the verse seems to indicate that a bondwoman taken in marriage had a lower social status in Arab society than a free woman taken in marriage, perhaps because of her having taken part in a war waged to destroy an Islamic State.
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.
a
4:16, 20; 24:20.
324
本节经文规定了三条重要原则: (a) 女奴应先正式结婚而后才发生夫妻关系。这在 2:222; 4:4; 及24:33各章中也明确说明。因此伊斯兰教根除了它诞生以前阿拉伯社会非常盛行的男女非法同居。(b) 如果女奴犯了通奸, 其处罚为自由妇女犯同样罪恶, 打100鞭子的一半, 这说明用石头砸死并非 (像被误解的那样) 是对通奸的惩罚, 因为用石头砸死是无法减半的。(c) 顺便提一下, 经文似乎指出, 在阿拉伯社会, 结婚的女奴比结婚的自由妇女享有较低的社会地位, 这也许因为女奴曾参加过摧毁伊斯兰教国家的战争。
3
یہ مطلب نہیں کہ پاکباز ہوں تو مہر دو ورنہ نہ دو۔ بلکہ مطلب یہ ہے کہ ایسی ہی لونڈیوں سے نکاح کرو جن کی پاک دامنی تم پر ثابت ہو۔ اور پھر ان کے مہر آزاد عورتوں کی طرح ادا کرو۔
4
یعنی لونڈیوں سے شادی کرنا صرف اضطراری حالت میں جائز ہے۔ کیونکہ وہ غیر مذہب اور غیر قوم سے تعلق رکھتی ہیں۔ بہتر یہی ہے کہ اپنی ہم مذہب اور ہم قوم آزاد عورت سے شادی کرو۔
a
4:16, 20; 24:20.
505
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.
a
4:16, 20; 24:20.
591
In Islam no stigma attaches to the status of a handmaid as such; but owing to her relationships and associations she may not prove such a perfect companion as a free believing woman.
591A
This means that only such of them may be married as are chaste and virtuous. Once they are married their dowries must be paid just as in the case of free women.
592
The verse has laid down three vital principles: (a) Bondwomen should be properly married before conjugal relations are had with them. This is also clear from 2:222; 4:4; and 24:33. Thus Islam has cut at the root of concubinage which was so prevalent in Arab society before its advent. (b) If they commit adultery, bondwomen are to have half the punishment which is 100 stripes for free women for the same offence which shows that stoning to death is not the punishment for adultery, as mistakenly understood, because stoning to death cannot be halved. (c) Incidentally, the verse seems to indicate that a bondwoman taken in marriage had a lower social status in Arab society than a free woman taken in marriage, perhaps because of her having taken part in a war waged to destroy an Islamic State.
وَيَسْتَفْتُونَكَ فِى ٱلنِّسَآءِ ۖ قُلِ ٱللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَىٰ عَلَيْكُمْ فِى ٱلْكِتَٰبِ فِى يَتَٰمَى ٱلنِّسَآءِ ٱلَّٰتِى لَا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ وَٱلْمُسْتَضْعَفِينَ مِنَ ٱلْوِلْدَٰنِ وَأَن تَقُومُوا۟ لِلْيَتَٰمَىٰ بِٱلْقِسْطِ ۚ وَمَا تَفْعَلُوا۟ مِنْ خَيْرٍ فَإِنَّ ٱللَّهَ كَانَ بِهِۦ عَلِيمًا
4:4.
یعنی سورۂ نساء آیت ۴ میں۔
مقرر کردہ حق سے یہ مراد ہے کہ ان کے مہر نہیں دیتے۔
کمزور بچیوں سے مراد یتیم لڑکیاں ہیں۔ کیونکہ وہ خود اپنے حق نہیں لے سکتیں۔
یہاں وِلْدَان کا لفظ ہے جو وَلَدٌ کی جمع ہے اور لڑکے اور لڑکی دونوں پر بولا جاتا ہے۔ لیکن عبارت کے مضمون سے ظاہر ہے کہ یہاں لڑکیاں مراد ہیں۔ کیونکہ انہی سے نکاح کا امکان ہے۔
4:4.
The "decision" is referred to in the following three verses.
The allusion in the words, that which is recited to you in the Book, is to the 4th verse of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately safeguard. ‘Umar, the Second Caliph would not allow the guardians of wealthy and handsome orphan girls to marry them and would insist on other and better husbands being found for them. The verse signifies that some instructions about women have already been given in the Qur’an and that other instructions follow.
Walad which is singular of Wildan is used both for a boy and a girl, but here Wildan signifies girls, marriage with whom is mentioned here.
4:4.
Important Words:
یستفتونك (they seek of thee the decision of the Law) and یفتیکم (gives you His decision) are both derived from فتو or فتی i.e.he was or became youthful, or he was in the prime of life. فتا الرجل means, he surpassed the man in فتوة i.e. in generosity. افتاه فی الامر means, he made known or explained to him the decision of the Shari‘ah respecting the matter; or he gave him an answer stating the decision of the Law respecting a question. استفتیت الفقیه فی الامر means, I asked or sought of the jurist or the lawyer or the learned man the decision of the Shari‘ah respecting the matter. فتوی therefore means, an explanation or notification or pronouncement of the decision of the Law in some dubious or difficult matter given by a jurist or a lawyer or a man learned in religious Law. استفتاء means, asking or seeking of a jurist or a lawyer or a learned man the decision of the Law (Shari‘ah) in a certain dubious or difficult matter (Lane & Aqrab). The expression إفتا rendered in the verse as gives you the decision, is also sometimes used in the sense of permitting or giving permission, as in the well-known hadith الاثم ماحك فی صدرك وان افتاك الناس i.e. a sin is that which pricks in thy mind even if people should say that it is permissible (Lisan). In this case the Quranic clause الله یفتیکم rendered as, Allah gives you His decision, may also be translated as "Allah gives you permission".
Commentary:
The verse which has been differently translated is considered to be a rather difficult one. The decision spoken of in the clause, Allah gives you His decision, refers to what follows in the succeeding verses, i.e. 4:129-131.
The allusion in the words, that which is recited to you in the Book, is to verse 4:4 in the beginning of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately discharge. ‘Umar, the Holy Prophet’s Second Successor, would not allow the guardians of wealthy and handsome orphan girls to marry them but would insist on better husbands being found for them. On the other hand, if they were not so wealthy or handsome, he recommended them to their guardians for marriage so that, being acquainted with their defects and weaknesses, they might overlook their shortcomings and deal kindly with them. For further instructions about good treatment of orphans; see 4: 6, 7.
Generally speaking the clause, Allah gives you His decision regarding them (women) and so does that which is recited to you in the Book concerning the orphan girls, means that some instructions about women have already been given in the Quran and other instructions follow.
g
4:4.
3
یعنی سورۂ نساء آیت ۴ میں۔
4
مقرر کردہ حق سے یہ مراد ہے کہ ان کے مہر نہیں دیتے۔
5
کمزور بچیوں سے مراد یتیم لڑکیاں ہیں۔ کیونکہ وہ خود اپنے حق نہیں لے سکتیں۔
6
یہاں وِلْدَان کا لفظ ہے جو وَلَدٌ کی جمع ہے اور لڑکے اور لڑکی دونوں پر بولا جاتا ہے۔ لیکن عبارت کے مضمون سے ظاہر ہے کہ یہاں لڑکیاں مراد ہیں۔ کیونکہ انہی سے نکاح کا امکان ہے۔
a
4:4.
593
Important Words:
یستفتونك (they seek of thee the decision of the Law) and یفتیکم (gives you His decision) are both derived from فتو or فتی i.e.he was or became youthful, or he was in the prime of life. فتا الرجل means, he surpassed the man in فتوة i.e. in generosity. افتاه فی الامر means, he made known or explained to him the decision of the Shari‘ah respecting the matter; or he gave him an answer stating the decision of the Law respecting a question. استفتیت الفقیه فی الامر means, I asked or sought of the jurist or the lawyer or the learned man the decision of the Shari‘ah respecting the matter. فتوی therefore means, an explanation or notification or pronouncement of the decision of the Law in some dubious or difficult matter given by a jurist or a lawyer or a man learned in religious Law. استفتاء means, asking or seeking of a jurist or a lawyer or a learned man the decision of the Law (Shari‘ah) in a certain dubious or difficult matter (Lane & Aqrab). The expression إفتا rendered in the verse as gives you the decision, is also sometimes used in the sense of permitting or giving permission, as in the well-known hadith الاثم ماحك فی صدرك وان افتاك الناس i.e. a sin is that which pricks in thy mind even if people should say that it is permissible (Lisan). In this case the Quranic clause الله یفتیکم rendered as, Allah gives you His decision, may also be translated as "Allah gives you permission".
Commentary:
The verse which has been differently translated is considered to be a rather difficult one. The decision spoken of in the clause, Allah gives you His decision, refers to what follows in the succeeding verses, i.e. 4:129-131.
The allusion in the words, that which is recited to you in the Book, is to verse 4:4 in the beginning of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately discharge. ‘Umar, the Holy Prophet’s Second Successor, would not allow the guardians of wealthy and handsome orphan girls to marry them but would insist on better husbands being found for them. On the other hand, if they were not so wealthy or handsome, he recommended them to their guardians for marriage so that, being acquainted with their defects and weaknesses, they might overlook their shortcomings and deal kindly with them. For further instructions about good treatment of orphans; see 4: 6, 7.
Generally speaking the clause, Allah gives you His decision regarding them (women) and so does that which is recited to you in the Book concerning the orphan girls, means that some instructions about women have already been given in the Quran and other instructions follow.
a
4:4.
676
The "decision" is referred to in the following three verses.
677
The allusion in the words, that which is recited to you in the Book, is to the 4th verse of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately safeguard. ‘Umar, the Second Caliph would not allow the guardians of wealthy and handsome orphan girls to marry them and would insist on other and better husbands being found for them. The verse signifies that some instructions about women have already been given in the Qur’an and that other instructions follow.
677A
Walad which is singular of Wildan is used both for a boy and a girl, but here Wildan signifies girls, marriage with whom is mentioned here.
وَأَنكِحُوا۟ ٱلْأَيَٰمَىٰ مِنكُمْ وَٱلصَّٰلِحِينَ مِنْ عِبَادِكُمْ وَإِمَآئِكُمْ ۚ إِن يَكُونُوا۟ فُقَرَآءَ يُغْنِهِمُ ٱللَّهُ مِن فَضْلِهِۦ ۗ وَٱللَّهُ وَٰسِعٌ عَلِيمٌ
Ayama is the plural of Ayyim which means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman (Lane); also a man having no wife (Mufradat). The marriage of widows and virgins is strongly urged. In fact, Islam views with extreme disfavour the unmarried state and regards the married state as the normal and natural one. The Holy Prophet is reported to have said: 'Marriage is my Sunnah (usage or practice) and whoso disapproves and forsakes my Sunnah is not of me' (Muslim, Kitabun-Nikah).
Important Words:
أیامٰی (widows) is the plural of أیم (ayyimun) which is derived from آم which means, he had no wife or he lost his wife by her death and he did not marry. They say آمت من زوجھا i.e. she became bereft of her husband by his death or by being slain and remained without marrying. آمت also means, she had no husband, said of a virgin and of one who is not a virgin. أیم(ayyimun) means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman, (Lane & Aqrab) also a man having no wife Mufradat).
Commentary:
As mentioned above, this Surah deals with some of those very heinous moral evils which if ignored and neglected are calculated to eat into the vitals of the society and shake its very foundations. One of these evils is adultery. In the preceding verses the Surah has dealt with some of the causes that lead to the birth, growth and prevalence of this fell moral disease. Two of these causes are scandal-mongering and free and indiscriminate intermingling of the sexes and the third is that some women—widows or virgins, come to conceive a strong dislike for leading a married life, or their guardians, in order to further their own nefarious ends, stand in the way of their marriage. In the verse under comment the Quran has strongly urged the marriage of widows and virgins, the word أیامی covers both of them. In fact, Islam views with extreme disfavour the unmarried state. It regards the married state as the normal state. The Holy Prophet is reported to have said: النکاح من سنتی و من رغب عن سنتی فلیس منی i.e. "marriage is my 'sunnat' (usage or practice) and whoso disapproves and forsakes my sunnat, is not of me" (Muslim, Kitabun-Nikah).
Preponderance of unmarried women in a society is sure to tell adversely on its whole moral tone. The refusal on the part of unmarried women to accept the responsibilities of married life has led to the prevalence of moral laxity to which the west seems to have fallen a helpless victim. The verse strongly discourages unmarried life and does not recognize poverty as a bar to marriage.
2615
Important Words:
أیامٰی (widows) is the plural of أیم (ayyimun) which is derived from آم which means, he had no wife or he lost his wife by her death and he did not marry. They say آمت من زوجھا i.e. she became bereft of her husband by his death or by being slain and remained without marrying. آمت also means, she had no husband, said of a virgin and of one who is not a virgin. أیم(ayyimun) means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman, (Lane & Aqrab) also a man having no wife Mufradat).
Commentary:
As mentioned above, this Surah deals with some of those very heinous moral evils which if ignored and neglected are calculated to eat into the vitals of the society and shake its very foundations. One of these evils is adultery. In the preceding verses the Surah has dealt with some of the causes that lead to the birth, growth and prevalence of this fell moral disease. Two of these causes are scandal-mongering and free and indiscriminate intermingling of the sexes and the third is that some women—widows or virgins, come to conceive a strong dislike for leading a married life, or their guardians, in order to further their own nefarious ends, stand in the way of their marriage. In the verse under comment the Quran has strongly urged the marriage of widows and virgins, the word أیامی covers both of them. In fact, Islam views with extreme disfavour the unmarried state. It regards the married state as the normal state. The Holy Prophet is reported to have said: النکاح من سنتی و من رغب عن سنتی فلیس منی i.e. "marriage is my 'sunnat' (usage or practice) and whoso disapproves and forsakes my sunnat, is not of me" (Muslim, Kitabun-Nikah).
Preponderance of unmarried women in a society is sure to tell adversely on its whole moral tone. The refusal on the part of unmarried women to accept the responsibilities of married life has led to the prevalence of moral laxity to which the west seems to have fallen a helpless victim. The verse strongly discourages unmarried life and does not recognize poverty as a bar to marriage.
2045
Ayama is the plural of Ayyim which means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman (Lane); also a man having no wife (Mufradat). The marriage of widows and virgins is strongly urged. In fact, Islam views with extreme disfavour the unmarried state and regards the married state as the normal and natural one. The Holy Prophet is reported to have said: 'Marriage is my Sunnah (usage or practice) and whoso disapproves and forsakes my Sunnah is not of me' (Muslim, Kitabun-Nikah).
وَلْيَسْتَعْفِفِ ٱلَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ ٱللَّهُ مِن فَضْلِهِۦ ۗ وَٱلَّذِينَ يَبْتَغُونَ ٱلْكِتَٰبَ مِمَّا مَلَكَتْ أَيْمَٰنُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا ۖ وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَىٰكُمْ ۚ وَلَا تُكْرِهُوا۟ فَتَيَٰتِكُمْ عَلَى ٱلْبِغَآءِ إِنْ أَرَدْنَ تَحَصُّنًا لِّتَبْتَغُوا۟ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا ۚ وَمَن يُكْرِههُّنَّ فَإِنَّ ٱللَّهَ مِنۢ بَعْدِ إِكْرَٰهِهِنَّ غَفُورٌ رَّحِيمٌ
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
909
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
1
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
2
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
3
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
4
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
2616
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
2046
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.