Passage
An-Nur (النور) : Ayah 3 | Al-Baqarah (البقرة) : Ayah 221
24:3 | 2:221
Topic
Fiqh › Fiqh Munakahat
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Verses
Tafsir
وَالزَّانِيَةُ لاَ يَنكِحُهَآ إِلاَّ زَانٍ
(and the Zaniyah, none marries her except a Zani) a sinful man who is guilty of fornication,
أَوْ مُشْرِكَةً
(or a Mushrik) (a man) who does not think it is unlawful.
وَحُرِّمَ ذلِكَ عَلَى الْمُؤْمِنِينَ
(Such a thing is forbidden to the believers.) meaning, indulging in this, or marrying prostitutes, or marrying chaste women to immoral men. Qatadah and Muqatil bin Hayyan said: "Allah forbade the believers from marrying prostitutes." This Ayah is like the Ayah (about marrying slave-girls):
مُحْصَنَـت غَيْرَ مُسَـفِحَـتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ
(they should be chaste, not committing illegal sex, nor taking boyfriends.) 4:25 And His saying:
مُحْصِنِينَ غَيْرَ مُسَافِحِينَ وَلاَ مُتَّخِذِى أَخْدَانٍ
(desiring chastity not committing illegal sexual intercourse, nor taking them as girlfriends) 5:5. Imam Ahmad recorded that `Abdullah bin `Amr, may Allah be pleased with him, said that a man among the believers asked the Messenger of Allah ﷺ for permission (to marry) a woman known as Umm Mahzul, who used to commit adultery, and who had stated the condition that she should spend on him. So he asked the Messenger of Allah ﷺ for permission, or he mentioned the matter to him. The Messenger of Allah ﷺ recited to him:
الزَّانِى لاَ يَنكِحُ إِلاَّ زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لاَ يَنكِحُهَآ إِلاَّ زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذلِكَ عَلَى الْمُؤْمِنِينَ
(The Zani marries not but a Zaniyah or a Mushrikah; and the Zaniyah, none marries her except Zani or a Mushrik. Such a thing is forbidden to the believers.) 24:3 Ibn Abi Hatim recorded that Abu Hurayrah said,
«لَا يَنْكِحُ الزَّانِي الْمَجْلُودُ إِلَّا مِثْلَهُ»
(A Zani who has been flogged should not marry anyone except someone who is like him.) A similar report was recorded by Abu Dawud in his Sunan.
Tafsir
The Prohibition of marrying Mushrik Men and Women
Allah prohibited the believers from marrying Mushrik women who worship idols. Although the meaning is general and includes every Mushrik woman from among the idol worshippers and the People of the Scripture, Allah excluded the People of the Scripture from this ruling. Allah stated:
مِنَ الَّذِينَ أُوتُواْ الْكِتَـبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ
((Lawful to you in marriage) are chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due dowry, desiring chastity (i.e., taking them in legal wedlock) not committing illegal sexual intercourse.) (5:5)
`Ali bin Abu Talhah said that Ibn `Abbas said about what Allah said:
وَلاَ تَنْكِحُواْ الْمُشْرِكَـتِ حَتَّى يُؤْمِنَّ
(And do not marry Al-Mushrikat (female idolators) till they believe (worship Allah Alone).) "Allah has excluded the women of the People of the Scripture." This is also the explanation of Mujahid, `Ikrimah, Sa`id bin Jubayr, Makhul, Al-Hasan, Ad-Dahhak, Zayd bin Aslam and Ar-Rabi` bin Anas and others. Some scholars said that the Ayah is exclusively talking about idol worshippers and not the People of the Scripture, and this meaning is similar to the first meaning we mentioned. Allah knows best.
Abu Ja`far bin Jarir (At-Tabari) said, after mentioning that there is Ijma` that marrying women from the People of the Scripture is allowed, "`Umar disliked this practice so that the Muslims do not refrain from marrying Muslim women, or for similar reasons." An authentic chain of narrators stated that Shaqiq said: Once Hudhayfah married a Jewish woman and `Umar wrote to him, "Divorce her." He wrote back, "Do you claim that she is not allowed for me so that I divorce her" He said, "No. But, I fear that you might marry the whores from among them." Ibn Jarir related that Zayd bin Wahb said that `Umar bin Khattab said, "The Muslim man marries the Christian woman, but the Christian man does not marry the Muslim woman." This Hadith has a stronger, authentic chain of narrators than the previous Hadith.
Ibn Abu Hatim said that Ibn `Umar disliked marrying the women from the People of the Scripture. He relied on his own explanation for the Ayah:
وَلاَ تَنْكِحُواْ الْمُشْرِكَـتِ حَتَّى يُؤْمِنَّ
(And do not marry Al-Mushrikat (female idolators) till they believe (worship Allah Alone).)
Al-Bukhari also reported that Ibn `Umar said, "I do not know of a bigger Shirk than her saying that Jesus is her Lord!"
Allah said:
وَلأَمَةٌ مُّؤْمِنَةٌ خَيْرٌ مِّن مُّشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ
(And indeed a slave woman who believes is better than a (free) Mushrikah (female idolators), even though she pleases you.)
It is recorded in the Two Sahihs that Abu Hurayrah narrated that the Prophet said:
«تُنْـكَحُ الْمَرْأَةُ لِأَرْبَعٍ: لِمَالِهَا وَلِحَسَبِهَا وَلِجَمَالِهَا وَلِدِينِهَا، فَاظْفَرْ بِذَاتِ الدِّينِ، تَرِبَتْ يَدَاك»
(A woman is chosen for marriage for four reasons: her wealth, social status, beauty, and religion. So, marry the religious woman, may your hands be filled with sand (a statement of encouragement).)
Muslim reported this Hadith from Jabir. Muslim also reported that Ibn `Amr said that Allah's Messenger ﷺ said:
«الدُّنْيَا مَتَاعٌ، وَخَيْرُ مَتَاعِ الدُّنْيَا الْمَرْأَةُ الصَّالِحَة»
(The life of this world is but a delight, and the best of the delights of this earthly life is the righteous wife.)
Allah then said:
وَلاَ تُنكِحُواْ الْمُشِرِكِينَ حَتَّى يُؤْمِنُواْ
(And give not (your daughters) in marriage to Al-Mushrikin till they believe (in Allah Alone).) meaning, do not marry Mushrik men to believing women. This statement is similar to Allah's statement:
لاَ هُنَّ حِلٌّ لَّهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ
(They are not lawful (wives) for them, nor are they lawful (husbands) for them.) (60:10)
Next, Allah said:
وَلَعَبْدٌ مُّؤْمِنٌ خَيْرٌ مِّن مُّشْرِكٍ وَلَوْ أَعْجَبَكُمْ
(. ..and verily, a believing servant is better than a (free) Mushrik (idolator), even though he pleases you.)
This Ayah indicates that a believing man, even an Abyssinian servant, is better than a Mushrik man, even if he was a rich master.
أُوْلَـئِكَ يَدْعُونَ إِلَى النَّارِ
(Those (Al-Mushrikun) invite you to the Fire) meaning, associating and mingling with the disbelievers makes one love this life and prefer it over the Hereafter, leading to the severest repercussions. Allah said:
وَاللَّهُ يَدْعُواْ إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ
(...but Allah invites (you) to Paradise and forgiveness by His leave) meaning, by His Law, commandments and prohibitions. Allah said:
وَيُبَيِّنُ آيَـتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ
(...and makes His Ayat clear to mankind that they may remember.)