والمحصنات من النساء إلا ما ملكت أيمانكم كتاب الله عليكم وأحل لكم ما وراء ذلكم أن تبتغوا بأموالكم محصنين غير مسافحين
Wa'l-muḥṣanātu mina'l-nisāʾi illā mā malakat aymānukum, kitāba'llāhi ʿalaykum, wa uḥilla lakum mā warāʾa dhālikum an tabtaghū bi-amwālikum muḥṣinīna ghayra musāfiḥīn, fa-ma'stamtaʿtum bihī minhunna fa-ātūhunna ujūrahunna farīḍatan, wa lā junāḥa ʿalaykum fīmā tarāḍaytum bihī min baʿdi'l-farīḍa, inna'llāha kāna ʿAlīman Ḥakīmā
"And married women are forbidden to you — except those your right hands possess. This is God's writ upon you. Apart from these, it is made lawful for you to seek with your wealth, in chastity and not in fornication. To those of them from whom you have had enjoyment, give their bridal gifts as an appointed due. There is no fault upon you in what you agree between you after the appointed due. God is Knowing, Wise."
The root ح-ص-ن: to be protected, to be made secure. Ḥiṣn — a fortress; ḥaṣīn — firm; muḥṣan — protected, brought under protection.
The word was treated in the discussion of al-Nūr 24/4, and it was recorded there that there is disagreement over its scope. I rely on that treatment.
| View | Who the muḥṣanāt are |
|---|---|
| 1 | Married women — those brought under protection by marriage |
| 2 | Chaste women — in general |
| 3 | Free women |
This disagreement is real in the classical commentaries. The context (a list of marriage prohibitions) supports the first reading; I impose no preference.
And an interesting linguistic datum must be recorded: in the continuation of the same verse the word is used this time of men: muḥṣinīna ghayra musāfiḥīn — "in chastity, not in fornication". The root, that is, is applied to both sides.
This expression occurs several times in the sūra (3, 24, 25, 36, 92) and concerns an institution of society that existed in the classical period.
A record was entered on this matter in the discussion of al-Aḥzāb 33/50, and I carry it over here as it stands:
"No legal ruling was issued on the expression mā malakat aymānuhum in 33/50. The Qurʾān's other records on the same subject (the bringing forward of manumission as a good deed and as an expiation) were recorded without concealment; it was stated that the matter was discussed at length in the history of Islamic thought and that it exceeds the bounds of this commentary."
And the Qurʾān's own data can be recorded: in the ninety-second verse of this sūra the freeing of a neck (taḥrīru raqabatin muʾmina) is provided as the expiation for killing by mistake; in the thirty-sixth verse mā malakat aymānukum is included in the list of kindness; and in the twenty-fifth verse the manner of marriage with women in this position is regulated and their bridal gifts are given to them.
The sense "to write an obligation" in the root ك-ت-ب was treated at al-Baqara 2/2: "kutiba ʿalaykum — 'it was written for you', that is, it was made obligatory… In this usage a book is not only what is read but a text that brings an obligation." I rely on that treatment.
This expression has been the subject of different readings in the history of Islamic thought, and this is a known disagreement.
What is done in this section is this: the existence of the disagreement is recorded, no choice is made between the parties, no insinuation is made against any group, and no polemic is entered into.
| Reading | What istimtāʿ is |
|---|---|
| 1 | Enjoyment of the marriage itself — the expression describes ordinary marriage, and the verse regulates the bridal gift. This is the reading adopted by the great majority of the classical commentaries |
| 2 | The view that the expression points to a particular practice, and that its ruling is disputed |
This divergence is a question of jurisprudence whose outcome differs among the schools of law. I make no choice, I issue no legal ruling, and none of them is binding.
What follows from the wording of the verse and is not in dispute is this: the command of the sentence is the payment of the bridal gift (fa-ātūhunna ujūrahunna farīḍatan), and this command is a repetition of the command in the sūra's fourth verse (wa ātu'l-nisāʾa ṣaduqātihinna).
| Verse | Word | The root's stress |
|---|---|---|
| 4 | ṣaduqāt | ص-د-ق — truthfulness |
| 24, 25 | ujūr | أ-ج-ر — return, wage |
| 24 | farīḍa | ف-ر-ض — a notched measure |
Three words name the same legal element from three separate sides. This is a countable fact, and it was recorded in the discussion of the fourth verse as well.
The same pattern was treated at al-Baqara 2/233 (ʿan tarāḍin minhumā wa tashāwur) and it was recorded there: "Both words are from Forms III and VI, that is, from the patterns that state reciprocity." I rely on that treatment.
And the place of the qualification must be recorded: the verse first lays down a measure (farīḍa), then leaves room for mutual agreement above that measure. The law, that is, draws a floor and leaves the ceiling to the parties.