4. An-Nisaa

How shall you take it, that is, by what right, when each of you has been privily with the other, through sexual intercourse, which validates the dowry, and they have taken from you a solemn covenant, a binding pledge, and that is what God commanded, namely, that they should be retained honourably or set free virtuously.

And do not marry women whom (mā means man) your fathers married, unless it be a thing of the past, which is forgiven you; surely that, marrying them, is obscene, vile, and abominable (maqtan, means it results in maqt, ‘severe hate’, from God), an evil way, [an evil] path is this.

Forbidden to you are your mothers, in marriage, and this includes the paternal and maternal grandmothers; and daughters, including their children, if they should lower themselves [to such standards]; your sisters, from your fathers and mothers; your paternal aunts, that is, the sisters of your fathers and grandfathers; and maternal aunts, that is, the sisters of your mothers and grandmothers; your brother’s daughters, your sister’s daughters, including the children of these daughters; your foster mothers who have given you milk, five times within the first two years, as pointed out in a hadīth; your foster sisters, and, according to the Sunna, the daughters of these; and these foster-sisters include those suckled by a woman with whom the man has had intercourse, those suckled by the man’s paternal aunts, or maternal aunts, or those suckled by his brother’s daughters, or his sister’s daughters, on account of the [Prophet’s] hadīth that, ‘What kinship makes unlawful suckling also makes unlawful’, as reported by al-Bukhārī and Muslim; your mothers-in-law, your step-daughters (rabā’ib, plural of rabība, the daughter of one’s wife from another husband), who are, being brought up, in your care (allātī fī hujūrikum is an adjectival qualifier, reiterating the obvious, without any additional import); being born of your wives you have been in to, in sexual intercourse — but if you have not yet been in to them you are not at fault, if you leave them, to then marry their daughters — and the spouses of your sons who are of your loins, as opposed to those whom you have adopted, whose spouses, in contrast, you may marry; and that you should take to you, in marriage, two sisters together, [sisters] by kinship or by suckling: the Sunna adds that you may not marry her together with her paternal or maternal aunt; it is permissible to marry each of these separately or to own them [as handmaidens] together, but only have sexual intercourse with one of them; unless it be a thing of the past, from pre-Islamic times, when you may have married in one of the ways mentioned: you are not at fault. God is ever Forgiving, of what you have done in the past, prior to this prohibition, Merciful, to you in this matter.

And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you (kitāba is in the accusative because it is the verbal noun). Lawful for you (read passive wa-uhilla, or active wa-ahalla), beyond all that, that is, except what He has forbidden you of women, is that you seek, women, using your wealth, by way of a dowry or a price, in wedlock and not, fornicating, in illicitly. Such wives as you enjoy thereby, and have had sexual intercourse with, give them their wages, the dowries that you have assigned them, as an obligation; you are not at fault in agreeing together, you and they, after the obligation, is waived, decreased or increased. God is ever Knowing, of His creatures, Wise, in what He has ordained for them.

And whoever has not the means wherewith, [whoever] is not wealthy enough, to be able to marry believing (al-mu’mināt, ‘believing’, is in accordance with the prevalent practice, and does not add to the import), free, women in wedlock, let him take, in marriage, believing maids whom your right hands own. God knows very well your faith, so suffice yourself with its outward manifestation and leave the innermost matters to Him, for He is the One to know her [true] merit: many a slavegirl may be more excellent [in faith] than a free woman, and this is meant to encourage marriage with slavegirls; the one of you is as the other, being equal in religion, so do not disdain to marry with them. So marry them, with the permission of their folk, their guardians, and give them their wages, their dowries, honourably, without procrastination or diminution, as women in wedlock (muhsanāt, a circumstantial qualifier), in decency, not illicitly, openly fornicating, or taking lovers, companions fornicating in secret. But when they are given in wedlock, [when] they are married off (a variant reading [for the passive uhsinna, ‘they are given in wedlock’] has the active ahsanna, ‘they enter into wedlock’), if they commit lewdness, such as adultery, they shall be liable to half the chastisement, the legal punishment, of married, free, virgin, women, who commit adultery, and are thus given fifty lashes and banished for half a year; [male] slaves by analogy are liable to the same punishment. Here, God has not made wedlock the precondition for the prescribed punishment to show that stoning does not apply in their case [sc. slavegirls]. That, marrying of slavegirls on account of insufficient means, is for those of you who fear the distress of sin, fornication (al-‘anat originally means distress, but is used to mean zinā, ‘fornication’, because of the distress that it causes in the way of the punishment in this world and in the Hereafter), as opposed to those of you who might not have such a fear [of distress] with regard to their free women and for whom it is unlawful to marry her [the slavegirl]; likewise for one who has sufficient means to marry a free woman [it is unlawful for him to marry a slavegirl instead]: this is the opinion of al-Shāfi‘ī. Moreover, God’s words ‘believing maids’ precludes unbelieving women, whom it is unlawful to marry, even if one should find no believing women and fear [the distress of fornication]; yet it is better for you to be patient, and abstain from marrying slavegirls, lest the child should become enslaved also. God is Forgiving, Merciful, by allowing room for manoeuvre in these matters.

God desires to make clear to you, the laws of your religion and what is in your best interests, and to guide you in the ways, the paths, of those, prophets, before you, in the way of what is lawful and what is unlawful, so that you might follow them, and to turn [in forgiveness] towards you, bringing you back from the disobedience which you practised, to obedience to Him; God is Knowing, of you, Wise, in what He has ordained for you.

And God desires to turn [forgivingly] towards you (He repeats this in order to expand upon it), but those who follow their passions, the Jews and Christians, or the Magians and adulterers, desire that you deviate with a terrible deviation, transgressing what is right by committing what has been forbidden you, so that you might be like them.

God desires to lighten things for you, and make the rulings of the Law easier for you; for man was created weak, unable to abstain from women and passions.

O you who believe, consume not your goods between you wrongly, unlawfully according to the Law, through usury or usurpation, except it be trading (tijāratan, also read tijāratun), so that the goods be from trade effected, through mutual agreement, through mutual good-will: such [goods] you may consume. And kill not yourselves, by committing what leads towards destruction on account of some affiliation, be it in this world or the Hereafter. Surely God is ever Merciful to you, when He forbids you such things.

And whoever does that, which he has been forbidden, through aggression (‘udwānan, a circumstantial qualifier), transgressing what is lawful, and injustice (zulman, [reiterated] for emphasis), him We shall certainly expose, admit, to a fire, wherein he shall burn; and that for God is an easy matter.