Warning

It is commented in Tafsir Mazhari that it should, however, be noted that Allah Ta’ ala's promise to grant riches to the one who will marry is only on the condition that his intention is to safeguard his chastity and to follow the sunnah. After that he should have trust and faith in Allah Ta’ ala, for which the confirmation is available in the next verse, which reads: وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّـهُ مِن فَضْلِهِ (And those who cannot afford marriage should keep chaste until Allah enriches them out of His grace - 24:33). ` It means that the people who do not have the material wealth for the marriage, and in case they marry, there is the risk of not fulfilling the rights of wife and their becoming sinners, they should wait with patience until Allah grants them riches from His bounty. A method has been stated in the hadith for achieving the required patience, which is keeping fasts abundantly. If they will follow the advice, Allah Ta` a1a will grant them so much material resources that they will be able to afford the expenses of marriage.

Commentary

Owners of the slaves and slave girls were advised in the previous verse that they should allow their subjects to marry if they so desire. They should not delay their marriage to curb their natural urge for their own expediency. The essence of this advice is to save the subjects from trouble and that they be treated graciously. In the same context another direction is given in this verse to the owners of slaves and slave girls that if their subjects wish to enter into a deal with them for making payment against their freedom, then it is desirable for the owners to concede to this wish, which will bring them good reward. This instruction is commonly taken by the jurists, like the author of Hidayah, as a recommendatory instruction in that it is not compulsory for the owners to concede for freedom of their subjects against payment, yet it is preferable to do so. The procedure for entering into a deal of freedom is that the subject asks his owner to set up an amount with mutual consent for the freedom, which he should earn with his labour and pay to the owner. Alternatively, the owner can also initiate the deal and with mutual consent on payment of a certain amount whereby the slaves can earn their freedom. When such a deal is struck with mutual consent between the owner and the slave, then it becomes mandatory under Islamic law, and the owner has no authority to call it off. As soon as the slave makes the payment of the agreed amount, he gets free automatically.

The amount of money so agreed for the freedom of slave is called badal-al-kitabah for which Islamic law has fixed no limit. It may be the same as the cost of slave, or more or less. The amount on which the parties mutually agree will be regarded as badal-al-kitabah. The essence behind the advice given in this verse is to open up the doors of freedom for the slaves. This is but one such instruction which points out toward the underlying objective of Islamic law of allowing freedom for slaves. In all types of expiations, a common injunction is freedom of slaves. Even otherwise, there is a promise of generous blessings for freeing the slaves. Arrangement of the treaty for freedom in exchange of money is one such route. This is why there is so much persuasion and emphasis on this. However, a condition has also been placed with this treaty إِنْ عَلِمْتُمْ فِيهِمْ خَيْرً‌ا (33). The treaty will only be in order when you notice signs of goodness in them. Sayyidna ` Abdullah Ibn ` Umar ؓ and many other scholars have explained that here the word 'Khair' (good) is purported to mean the strength to earn. Hence, it means that someone who has the strength to earn and can make payment should be allowed to enter the deal, otherwise his labour will be wasted on one hand and the owner will also suffer loss. Some other scholars have given another explanation that goodness and betterment mean here that there should be no risk of any harm to the Muslims because of his freedom. For instance, the slave may be an infidel and he might have been helping his infidel brethren. As a matter of, fact the word 'Khair' (good) stands here for both the meanings, that is the slave should have the strength to earn, and there should be no risk of any harm to the Muslims as a result of his freedom. (Mazhari)

وَآتُوهُم مِّن مَّالِ اللَّـهِ الَّذِي آتَاكُمْ

Give them out of the wealth of Allah that He has given to you - 24:33.

This address is directed towards Muslims in general, and to the owners of the slaves in particular. When the freedom of a slave is dependent on a fixed amount to be given to his owner, then it is incumbent upon Muslims to help him collect that money. For this they can pay from the zakah money as well. And the owners are induced to contribute on their own or reduce the amount of the treaty. It was the practice of the Companions to reduce the amount of treaty by one third or one fourth, depending upon their capacity. (Mazhari)

An important economic issue and the Qur’ anic verdict on it

The present day world is totally materialistic. Everyone seems to have forgotten about the life hereafter and has completely entangled himself in money making. All types of researches, contemplation: and developments, revolve round economic uplift only. Detailed discussions and researches on finer economic points have raised its status many fold, and now it has assumed the position of greatest art. The world thinkers have propounded two well-known theories, which, paradoxically, are in conflict with each other. Because of the inherent conflict between them, the world at large is divided in two groups, who are unfortunately at daggers drawn with each other, resulting in the loss of peace and tranquility of the world.

One theory has given birth to capitalist system, commonly known as capitalism. The other one is the socialist system which is called as socialism or communism. It is an everyday common experience, which neither of the two systems can deny, that whatever the man earns or produces in this world through his hard work, its basic source of production is the natural resources, like water, the produce from earth or any other natural produce. The man produces millions of things of his need and use from natural resources through his skill, hard work, ingenuity and composing or decomposing their certain elements. It is but natural to think that there is someone who creates the natural resources. They have not come into being of their own. It also goes without saying that the One who has created the natural resources is the real owner and master of them all. The natural resources have been passed on to man for a limited period (his life span) for his benefit and use. It does not mean that the man has become the master of natural resources for all times, because his own life is so short. Moreover, man does not, and cannot, exercise total control and authority on all natural resources for all the time. For instance, man can irrigate the fields with water, but he cannot create water if there is a drought. Therefore, it is clear that man is not free to use or control them, and hence should follow the instructions given to him by their Crea or and Master. But in the frenzy of materialism everyone has forgotten even the concept of real Master and Creator. The only controversy between them is that whether the one who possesses the factors of production becomes their owner, or all these resources are common to all and everyone has a right to benefit from them.

The first theory is that of the capitalist system which grants freedom of ownership to man in that he can acquire anything by any means, and is also free to use and spend it any way he likes. There is absolutely no restriction on him. The infidels and disbelievers of the olden times professed the same belief, who objected before Sayyidna Shu` aib ؓ as to why should he place any restriction on their wealth, which belonged to them and they were its owners. They claimed that the prophet had no right to tell them as to where the spending was permitted and where it was not? The meaning of Qur'anic verse أَوْ أَن نَّفْعَلَ فِي أَمْوَالِنَا مَا نَشَاءُ (or that we do with our wealth what we wish - 11:87) is the same. The other theory is that of socialism, which does not allow ownership to anyone of anything, and professes common ownership of everyone and equal right to all. This is the original theory of communism, but when they felt that this is not practicable, they exempted some objects from the common ownership.

As against these two extremes the Holy Qur'an has given a system in which the most fundamental concept is that everything belongs to Allah Ta’ ala, who has given the charge of some things to man temporarily by His grace and bounty. For such things where man has been given the charge and possession, others have been debarred to make any claim on their use, without the permission of the owner. But despite the possession and ownership being given to man, he is not granted freedom to earn or spend them in any manner he likes. Both for earning and spending there are wise and equitable rules and regulations which are clearly defined, and which clearly identify the permissible and impermissible ways of earning and spending. In addition to this, it has also been made incumbent upon him to pass on certain part of his possession to others, which is made the right of recipients on those things.

Although the verse under reference deals with a different subject yet it contains some important principles relating to this economic issue. So, look at the wordings of the verse rather intently وَآتُوهُم مِّن مَّالِ اللَّـهِ الَّذِي آتَاكُمْ. ` Give them out of the wealth of Allah that He has given to you - 33'. Three things come out of this statement. One, that Allah is the real owner of everything. Two, that He has given the possession of certain things to man by His grace. Three, that there are certain restrictions on things which He has given to man. Spending of certain things has been prohibited, and spending of other things is made obligatory, while spending of some others is made preferable.

The other injunction given in this verse is for the eradication of an uncouth custom, and for curbing adultery and obscenity وَلَا تُكْرِ‌هُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ ` Do not compel your maid to prostitution - 33'. During the pre-Islamic period many people used to have this business done by their slave girls. When Islam placed strict punishments on adultery, both on free and slave individuals, then it was necessary to enjoin special strict orders to stop and eradicate this uncivilized custom.

إِنْ أَرَ‌دْنَ تَحَصُّنًا (If they wish to observe chastity - 24:33). It means that when those slave girls express their wish to avoid adultery and remain pure, then pressurizing them on your part is extremely imprudent and shameless. Although the wording of the injunction is conditional, yet there is consensus of Ummah that the intention here is not to press the slave girls for adultery, irrespective of the situation whether they express their wish to avoid it or not. In other words, it is not meant here that in case they do not wish to avoid adultery, then it is permitted to force them into it. What is intended here is to tell that in the pre-Islamic days obscenity was common, so the slave girls did not mind adultery. Although after the advent of Islam they repented and wished not to be involved in this practice, yet their owners still forced them for the crime, which they resented. On this situation this injunction was revealed, in which their owners are warned and reproached that while they (the slave girls) want to avoid a shameful act, you are trying to force it on them.

فَإِنَّ اللَّـهَ مِن بَعْدِ إِكْرَ‌اهِهِنَّ غَفُورٌ‌ رَّ‌حِيمٌ

Then after their being compelled, Allah is Most-Forgiving, Very-Merciful - 33.

The gist of this sentence is that it is prohibited to force the slave girls to adultery. If someone does that and the slave girl gets involved in adultery because of the compulsion exercised by her owner, then Allah Ta’ ala will pardon her sin and that sin will be passed on to the one who had forced her. (Mazhari).