46. Ibn `Abbas was quite sure that the original revelation was “ista’dhinu” (seek permission) which the scribe wrote as “ista’nisu” (seek familiarity or friendliness). Some reports say that that is how it was written in Ibn Mas`ud’s copy of the Qur’an (Ibn Jarir). Nonetheless, the usage of the word “ista’nasa” is not any new in Arabic language. We might recall that when ‘Umar entered upon the Prophet in his upper chamber when he had sworn that he would not see his wives for a month, he used the same word “asta’nis” (lit., “should I attempt pleasantry?: Au.) - Qurtubi.

The word has also been used in the Qur’an in Surah al-Ahzab, verse 53, which says,

{فَإِذَا طَعِمْتُمْ فَانْتَشِرُوا وَلَا مُسْتَأْنِسِينَ لِحَدِيثٍ إِ} [الأحزاب: 53]

“When you have finished eating, disperse, without seeking conversation” (Razi).

The attribution therefore, of the opinion above to Ibn `Abbas and others is incorrect (Zamakhshari, Razi, Qurtubi). In fact, writes Shanqiti, all the Uthmani copies of the Qur’an have it written as “ista’nisu.” Alusi however does not believe the attribution is incorrect and sets about explaining what Ibn `Abbas could have meant.

However, Mujahid and Ibn Zayd thought it was “ista’nisu” alone, meaning, “make yourselves familiar.” That is, clear your throat, and make some sort of noise to let the occupants know that someone is at the door.

In any case, whether this or that, it is desirable that one seeks the permission of the occupants before entering, even if it happens to be one’s mother inside. The following is in Muwatta':

سَأَلَهُ رَجُلٌ فَقَالَ يَا رَسُولَ اللَّهِ أَسْتَأْذِنُ عَلَى أُمِّى فَقَالَ « نَعَمْ ». قَالَ الرَّجُلُ إِنِّى مَعَهَا فِى الْبَيْتِ. فَقَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- « اسْتَأْذِنْ عَلَيْهَا ». فَقَالَ الرَّجُلُ إِنِّى خَادِمُهَا. فَقَالَ لَهُ رَسُولُ اللَّهِ -صلى الله عليه وسلم- « اسْتَأْذِنْ عَلَيْهَا أَتُحِبُّ أَنْ تَرَاهَا عُرْيَانَةً ». قَالَ لاَ. قَالَ: فَاسْتَأْذِنْ عَلَيْهَا } موطأ مالك 5/ 487{

Someone asked the Prophet (saws) whether he should seek permission even if it is his mother? He answered, “Yes.” He said, "She is living with me in the house." He told him, "Seek her permission." The man said, "I am her attendant." The Prophet answered, “Seek her permission. Do you wish to see her naked?” The man said, “No.” He said, “Then better seek her leave.”

And once someone said at the Prophet’s door,

حَدَّثَنَا رَجُلٌ مِنْ بَنِى عَامِرٍ أَنَّهُ اسْتَأْذَنَ عَلَى النَّبِىِّ -صلى الله عليه وسلم- وَهُوَ فِى بَيْتٍ فَقَالَ أَلِجُ فَقَالَ النَّبِىُّ -صلى الله عليه وسلم- لِخَادِمِهِ « اخْرُجْ إِلَى هَذَا فَعَلِّمْهُ الاِسْتِئْذَانَ فَقُلْ لَهُ قُلِ السَّلاَمُ عَلَيْكُمْ أَأَدْخُلُ ». فَسَمِعَهُ الرَّجُلُ فَقَالَ السَّلاَمُ عَلَيْكُمْ أَأَدْخُلُ فَأَذِنَ لَهُ النَّبِىُّ -صلى الله عليه وسلم- فَدَخَلَ.



“Shall I come in?” He said to his attendant, “Go out to this man and teach him the manner of entering (a home). Tell him to say, ‘Al-salamu alaykum’ and then ask, ‘Shall I enter?’” The man at the door heard and said, 'Al-salamu alaykum, shall I enter?' The Prophet allowed him and then the man entered."

(The report is in Abu Da’ud, Ahmad and other books and is of considerable strength: S. Ibrahim).

Accordingly, it is reported of Ibn Mas`ud that he would clear his throat or make some noise at the door of his own house for the occupants to know he was coming in (Ibn Jarir, Zamakshari, Qurtubi, Ibn Kathir).

Visiting Manners

Permission to enter might be sought three times. A report is preserved in the Sahihayn which says that Abu Musa sought entry into `Umar’s gathering three times and turned back finding no response. In the meanwhile `Umar became conscious of the voice and sent someone after him, but he was gone. When he showed up again `Umar asked him why had he returned earlier? Abu Musa told him that he had followed the Prophet’s instruction: thrice you seek to be admitted but if there is no response you may return. `Umar threatened him with stripes if he did not produce witnesses. So Abu Musa went to a group of Ansar and asked them if anyone had also heard it from the Prophet. They said, “The youngest of us will help you out,” and sent Abu Sa`id al-Khudri with him. He testified before `Umar that the Prophet (saws) indeed had said such a thing. `Umar remarked, “Nothing but trading led me to miss this one” (Razi, Qurtubi, Ibn Kathir).

A report of Abu Da’ud, quite credible, says that once the Prophet visited Sa`d b. `Ubadah. He said “Al-salamu alaykum” at the door, three times. Every time he said that, Sa`d replied in a low-pitched voice which the Prophet did not hear and so he returned. Sa`d ran after him and explained that he wished to hear his Salam several times and hence replied in low tones. Sa`d offered him a bath and the Prophet bathed himself. Then he offered him some food that had food coloring in it. Finished, the Prophet supplicated in words, “O Allah, send Your peace and mercy on the household of Sa`d b. `Ubadah.” When he wished to depart, Sa`d offered him his donkey and asked Qays to accompany him. The Prophet told Qays to also mount. But he refused. So he told him, “Either mount, or go back.” Qays preferred to go back (Qurtubi, Ibn Kathir).

According to another report in Abu Da’ud, though of unknown reliability,

كَانَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- إِذَا أَتَى بَابَ قَوْمٍ لَمْ يَسْتَقْبِلِ الْبَابَ مِنْ تِلْقَاءِ وَجْهِهِ وَلَكِنْ مِنْ رُكْنِهِ الأَيْمَنِ أَوِ الأَيْسَرِ وَيَقُولُ: السَّلاَمُ عَلَيْكُمُ السَّلاَمُ عَلَيْكُمْ.

“When the Prophet visited someone, he did not stand right in front of the door, but rather, either on the right side or lefts side of it and say, ‘Al-salamu alaykum, al-salamu alaykum’” (Ibn Kathir).

Visiting manners also demand that one might not peep into the house one is visiting. The Prophet (saws) said in a hadith of the Sahihayn:

فإنما الاستئذان من النظر

“Permission has been legislated for the sake of the sight.” According to a report in the Sahihayn, the Prophet said that,

لو اطَّلَعَ فِى بَيْتِكَ أَحَدٌ وَلَمْ تَأْذَنْ لَهُ ، خَذَفْتَهُ بِحَصَاةٍ فَفَقَأْتَ عَيْنَهُ ، مَا كَانَ عَلَيْكَ مِنْ جُنَاحٍ

if you struck a visitor peeping into your house with a stone and it blinded him, no indemnity will be required of you (Razi, Qurtubi, Ibn Kathir).

Bukhari, Abu Da’ud and Ahmad have a report from Jabir who said,

أتيتُ النبي صلى الله عليه وسلم في دَين كان على أبي، فدققت الباب، فقال: "من ذا"؟ قلت: أنا. قال: "أنا، أنا" كأنه كرهه

“I went to the Prophet (for an errand).” I knocked at the door. He asked, ‘Who is it?’ I answered, ‘It’s me.’ He asked, ‘Me, me? Who is me?’ – as if he did not like the visitor’s words (Razi, Qurtubi, Ibn Kathir).

One might also knock at the door; but not too noisily. Anas b. Malik reports that they used to knock at the Prophet’s doors with their nails (Qurtubi).

47. This refers to houses without their occupants within. One’s entry into them would be illegal. It might also be extended to houses where the master of the house is absent. One might not enter into them if invited in by a child or a house servant unless they have specific instruction from the master of the house. The words, “if you do not find anyone” could be saying, “if you do not find anyone (of authority) to allow you in” (Alusi).

48. Somehow, throughout the ages, Muslims have not been able to say “go back” to anyone at the door. Ibn Jarir, Qurtubi and Ibn Kathir report from one of the emigrants, “All my life I never had the opportunity to hear from anyone, ‘return,’ so that I could return, a bit downcast.”

Their attitude to welcome a guest, at whatever time he may come, has got better of their awareness to conserve time. Indian scholars say that a scholar should welcome a man looking for consultancy at any odd hour, even if it is wee hours of the night (Au.).

49. Such as store houses, and, by implication, cafeterias and other public places of unobstructed visit.

Ibn Abi Hatim reports that it was first Abu Bakr who asked the Prophet about such places as store-rooms, stock-yards, inns, and other public places where there is no one to seek permission from. In response Allah revealed this verse (Alusi and others).

50. According to the majority the min of the textual “min absarihim” has been declared as “tab`idiyyah” – meaning, “lower some of your gazes,” i.e., those that are cast at the forbidden. A minor opinion is that the min here is “za’idah” such as in, “ma min ilahin ghayruhu;” while a few others have treated it as a “silah” (conjunctive) - Razi.

Our translation at this point is more to attain fluency rather than accuracy (Au.).

Ibn `Abbas explained that the instruction is to lower the gaze from every unsightly thing. Obviously, it is not possible to walk about with the sights fixed to the ground. The meaning is, do not look at things unlawful to look at (Ibn Jarir).

The first fall of the sight on an undesirable thing is forgiven, but, as a hadith of Muslim asserts, it must be taken off quickly. In this vein we might quote a tradition preserved in the Sahihayn. The Prophet said,

إِيَّاكُمْ وَالْجُلُوسَ عَلَى الطُّرُقَاتِ. فَقَالُوا مَا لَنَا بُدٌّ ، إِنَّمَا هِىَ مَجَالِسُنَا نَتَحَدَّثُ فِيهَا . قَالَ « فَإِذَا أَبَيْتُمْ إِلاَّ الْمَجَالِسَ فَأَعْطُوا الطَّرِيقَ حَقَّهَا » قَالُوا وَمَا حَقُّ الطَّرِيقِ قَالَ: غَضُّ الْبَصَرِ ، وَكَفُّ الأَذَى ، وَرَدُّ السَّلاَمِ ، وَأَمْرٌ بِالْمَعْرُوفِ ، وَنَهْىٌ عَنِ الْمُنْكَرِ.

“Be you warned of sitting at the roadsides.” They protested, “But we need to get together and chat.” He said, “If you do not wish to do without those assemblies, then give the roadside its due.” They asked, “And what’s its due?” He replied, “Lower your gaze, hold back any harm (to passers by), return salutations, enjoin the virtuous and prohibit the wrong.”

Accordingly, when during a campaign, Ghazwan was staring at a girl with uncovered face, Abu Musa Ash`ari hit so hard on his eye that it got swollen. “You are looking at something that can only harm you and not benefit you.” Now, Ghazwan was a sensitive man. It is reported that he was not seen smiling thereafter until his death. In fact, Sha`bi has said – although his times were better than ours - one might not stare hard and long at his mother, sister or daughter (Qurtubi).

We have seen how free license has led girls in Western households to fear their own fathers and other close relatives (Au.).

According to a hadith in Bukhari, Muslim and others the Prophet (saws) said about one’s wandering eye:

إِنَّ اللَّهَ كَتَبَ عَلَى ابْنِ آدَمَ حَظَّهُ مِنَ الزِّنَا ، أَدْرَكَ ذَلِكَ لاَ مَحَالَةَ ، فَزِنَا الْعَيْنِ النَّظَرُ ، وَزِنَا اللِّسَانِ الْمَنْطِقُ ، وَالنَّفْسُ تَمَنَّى وَتَشْتَهِى ، وَالْفَرْجُ يُصَدِّقُ ذَلِكَ كُلَّهُ وَيُكَذِّبُهُ

“Allah has written on Adam’s son his share of adultery which he commits inevitably. The adultery of the eyes is the sight (that gazes at the forbidden), the adultery of the tongue is to talk, the inner self wishes and desires and the private parts testify all these or deny them.”



لا تُتبع النظرة النظرة فإنما لك الأُولى وليست لك الثانية

It has been said about guarding one’s gaze against falling on undesirable things that as a reward Allah (swt) bestows Light to his eye and (wisdom) flows through his heart. Hence many scholars have discouraged men from staring at (handsome) boys. In fact, the Sufiya have written against it in very strong terms (Ibn Kathir).‏

51. That is, not uncover their `awrah (parts of body to be necessarily covered). A hadith in Tirmidhi, (which is declared Hasan and translated freely here: Au.), says that the Prophet was asked about one’s `awrah. He answered,

"احْفَظْ عَلَيْكَ عَوْرَتَكَ إِلا مِنْ زَوْجِكَ أَوْ مَا مَلَكَتْ يَمِينُكَ"، قُلْتُ: فَإِذَا كَانَ بَعْضًا فِي بَعْضٍ؟، قَالَ:"فَإِنِ اسْتَطَعْتَ أَنْ لا يَرَى عَوْرَتَكَ أَحَدٌ فَافْعَلْ"، قُلْتُ: أَرَأَيْتَ إِذَا كَانَ أَحَدُنَا جَالِسًا وَحْدَهُ؟، قَالَ:"اللَّهُ أَحَقُّ أَنْ يُسْتَحْيَى مِنْهُ".

“Guard your `awrah save from your wife or what your rights hands own.” He was asked, “Man to man?” He replied, “Try and see to it that he does not see your `awrah.” He was asked, “What about when a man is alone?” He answered, “Allah is more deserving that you should be shy of Him.”

`A’isha was asked about her relationship with the Prophet when in private. She said,

ما رأيت ذلك منه ، ولا رأى ذلك مني .

“He did not see of me and I did not see of him.”

Nevertheless, scholars have allowed a man and wife to see each other’s private parts (Qurtubi); but not the anus (Au.).

52. The preferred opinion about women looking at non-closely-related men (ghayr mahram) is that it is disallowed for them to look at them with carnal desires, but allowed if the look is not carnal. This is supported by the hadith about Ibn Umm Maktum entering upon the Prophet and he asking Umm Salamah and Maymuna (his two wives) to move away. They said, “But he is blind who can neither see us nor recognize us?” He replied, “But, are you two also blind?” Tirmidhi rated this hadith hasan Sahih. As for women allowed to look at men’s faces without carnal desire, that is supported by the report preserved in the Sahihayn that a group of Abyssinian circus men were allowed to perform in the yard of the mosque and the Prophet (saws) allowed `A’isha to look at them from behind him (Ibn Kathir).

53. Abu al-`Aliyyah has said that every "guard their private parts of the Qur'an alludes to 'safeguarding against illicit sex,' except for this instance where it means to say, 'let no one see the private parts' (Ibn Kathir).

54. (The exact implication of the textual word “zeenah” [adornment] has been widely disputed). But there is no difference in opinion that by “ornaments” the allusion actually is to the organs of ornament (Shafi` from Alusi).

Ibn Jarir writes: Ibn Mas`ud is widely reported to have said that of adornments there are two kinds: the apparent and the non-apparent or the visible and the invisible. The allusion here is to the apparent adornment. It is applicable to clothes. As for what is non-apparent, it is bangles, anklets, necklaces etc. Hasan and Ibrahim were also of the same opinion. Abu Is-haq substantiated this opinion with another verse wherein the word “zeenah” is used in the same sense (7-31):

{يَا بَنِي آَدَمَ خُذُوا زِينَتَكُمْ عِنْدَ كُلِّ مَسْجِدٍ} [الأعراف: 31]

“Adam's children! Put on your (best) attires at every Prayer.”

Ibn `Abbas on the other hand believed that the apparent adornment applies to the jewelry in public, and the face in the privacy of homes. Sa`id ibn Jubayr said the allusion is to palms and face (without specifying whether in public or private). Dahhak, and Awza`i held the same opinion.

A third opinion, that of Hasan, is that the allusion by the textual “zeenah” is both to the clothes as well as the face. “My own opinion,” writes Ibn Jarir, “is that the allusion is to the face and hands.”

Ibn Khuwayzmandad was of the opinion that if a woman is beautiful she ought to cover her face and hands in public – a rule that does not apply to old, or ugly looking women (Qurtubi).

55. The textual word is the plural of “jayb” which is for pocket which used to be on the breast in earlier times, and even during our own times both in Spain as well as in Egypt. In fact Bukhari has a chapter-heading which says, “Shirt pocket on the breast.” A hadith (of the Sahihayn: Au.) which gives examples of a miser and a charitable person, implies that the Prophet’s own two pockets were on the breast (Qurtubi).

`A’isha is reported to have praised Ansari women who, when they heard of this revelation, tore their cloaks to cover themselves up thoroughly with one half of the torn cloaks (Ibn Jarir). The report is in Bukhari (Ibn Kathir).

56. The “zeenah” of this occurrence was explained by Ibn Mas`ud as meaning, earrings, necklace, etc. Ibn `Abbas however added that apart from earrings, necklace, bangles, they should not show anything else of their ankles, neck or hair to anyone apart from their husbands and others mentioned here (Ibn Jarir).

57. A common rule applicable to all the categories of the verse is that progenies below and progenitors above are included by default. Further, maternal or paternal uncles have not been mentioned because they are, in reference to these commandments, like their sons who have also not been mentioned. These are all the mahaarim whom a woman can never marry (Qurtubi).

58. That is, Muslim women. Non-Muslim women should not see Muslim women’s adornments as stated above, unless they happen to be their slave-girls. Hence `Umar ibn al-Khattab wrote to Abu `Ubaydah (the Syrian governor), “I have been told that Muslim women enter into public bathrooms along with those of the People of the Book. Prevent them from that, otherwise they will (get used to) going in (freely)” - Ibn Jarir, Qurtubi, Ibn Kathir.

As for the oft-quoted hadith by those contentious of "niqab" viz.,

عَنْ عَائِشَةَ رضى الله عنها أَنَّ أَسْمَاءَ بِنْتَ أَبِى بَكْرٍ دَخَلَتْ عَلَى رَسُولِ اللَّهِ -صلى الله عليه وسلم- وَعَلَيْهَا ثِيَابٌ رِقَاقٌ فَأَعْرَضَ عَنْهَا رَسُولُ اللَّهِ -صلى الله عليه وسلم- وَقَالَ « يَا أَسْمَاءُ إِنَّ الْمَرْأَةَ إِذَا بَلَغَتِ الْمَحِيضَ لَمْ تَصْلُحْ أَنْ يُرَى مِنْهَا إِلاَّ هَذَا وَهَذَا ». وَأَشَارَ إِلَى وَجْهِهِ وَكَفَّيْهِ. قَالَ أَبُو دَاوُدَ هَذَا مُرْسَلٌ

`A'isha says that Asma' bint Abi Bakr entered upon the Messenger of Allah clad in thin clothes. The Prophet told her: "O Asma', when a woman attains puberty, it does not behoove her that she should expose anything except this and this," .. pointing to his face and the two palms.

Well, this hadith cannot be used as evidence because Abu Da'ud has himself declared it weak.

59. Ibn `Abbas and several of the early commentators have explained “ghayru uli al-irbah min al-rijal” as those men who are not in the right state of mind and hence have no desire whatsoever for women and women have no desire for them (Ibn Jarir). In Majid’s words, “ghayru uli al-irbah signifies both ‘wanting in intelligence’ as well as ‘wanting in sexual desire.’”

Muslim women could display their earrings, necklaces and bangles, but, as for their anklets, neck or hair, that they should refrain from displaying to anyone except their husbands and others named herewith. However, although hermaphrodites are naturally included, but, if they have a wicked look, they might also not be allowed free access to women’s quarters (Ibn Jarir, Qurtubi).

Hence we have reports in Hadith books against such of them. One of them, in (Bukhari and) Muslim, has Umm Salama reporting that she had a eunuch (as a slave) in her house whom they used to consider one of the “ghayr irbah” (of the Qur’an). Allah’s Messenger was once in the house when he (the eunuch) said to Umm Salama’s brother `Abdullah b. Abu Umayyah:

إنْ فَتَحَ اللَّهُ عَلَيْكُمُ الطَّائِفَ غَدًا أَدُلُّكَ عَلَى ابْنَةِ غَيْلاَنَ ، فَإِنَّهَا تُقْبِلُ بِأَرْبَعٍ وَتُدْبِرُ بِثَمَانٍ . فَقَالَ النَّبِىُّ - صلى الله عليه وسلم - « لاَ يَدْخُلَنَّ هَذَا عَلَيْكُنَّ (صحيح البخارى)

“If Allah grants you victory at Ta’if tomorrow, I will show you the daughter of Ghaylan, for she moves forward in fours and backward in eights.” Allah’s Messenger heard this and said: “Do not allow this man to enter upon you again” (Qurtubi, Ibn Kathir).

(The Prophet has also prohibited that men be put into test through description of another woman to them in a way it provokes their carnal self). He said,

لاَ تُبَاشِرِ الْمَرْأَةُ الْمَرْأَةَ فَتَنْعَتَهَا لِزَوْجِهَا ، كَأَنَّهُ يَنْظُرُ إِلَيْهَا (صحيح البخارى)

"Let not a woman describe to her husband another woman, as if he sees her."

60. That is, they should not strike their feet adorned with anklets on the ground in order to draw attention to themselves (Ibn Jarir and others).

Also included in the prohibition is women using strong perfumes. The Prophet said, in a report of Tirmidhi declared Hasan Sahih,

كُلُّ عَيْنٍ زَانِيَةٌ وَالْمَرْأَةُ إِذَا اسْتَعْطَرَتْ فَمَرَّتْ بِالْمَجْلِسِ فَهِىَ كَذَا وَكَذَا يَعْنِى زَانِيَةً - قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ. (سنن الترمذى)

“Every eye is an adulterer. And when a woman perfumes herself and then passes by an assembly (of men), she is so and so,” meaning, she is an adulteress.

(Then there is a hadith that warns of risks in interactions within the homes with non-mahrams). The Prophet said:

"إِيَّاكُمْ وَالدُّخُولَ عَلَى النِّسَاءِ" فَقَالَ رَجُلٌ مِنَ الأَنْصَارِ: يَا رَسُولَ اللَّهِ، أَرَأَيْتَ الْحَمْوَ؟ قَالَ: "الْحَمْوُ الْمَوْتُ".

"Beware of entering upon women." One of the Ansar asked, "Messenger of Allah, what about a brother-in-law?" He answered, "A brother-in-law is death."

(Ibn Kathir).

Imam Razi points out that far from displaying their “zeenah,” Muslim women are being instructed not even to draw attention to them. Based on this, the jurists have drawn the conclusion that a woman should not raise her voice, for that will draw attention to her. A woman’s voice is more charming than her adornments and this is the reason why it is not allowed for women to say the Adhan.

61. Makki has said that there is no other verse in the Qur’an which has more pronouns than this one, which has in all twenty-five of them (Qurtubi). The lower in order is verse 228 of Al-Baqarah. Both deal with women and both carry alliteration effects (Au.).

Fiqh Points:

The following are from Imam Razi

• Of `Awraat there are four kinds: man to man, woman to woman, woman to man, and man to woman.

• Man to man: It is not allowable for a man to expose to another man anything of his body between the navel and the knees, both included.

• Woman to woman: The same as above, i.e., it is not allowable for a woman to expose anything of her body to another woman anything between the navel and the knees.

• Woman to man: Of this category there can be various situations. A woman might not expose anything of her body to a non-mahram except the face and the two hands. On the other hand, it is not allowed for a man to look at a woman’s face unless there is a specific need, such as, e.g., medical examination, identification, or intention to marry, etc. A second look is disallowed.

• A slave-girl owned by a man is like his wife. But if she is partly owned, (i.e., a joint owner with another person), or she is under contract of freedom (mukaatabah), or kept as mortgage, or a pagan, or married (to someone, slave or free), then, the most she can display are those parts of the body that are visible during work, without exposing which she can do no work.

• As regards a male slave owned by a woman, there is difference in opinion. Some say he might see her zeenah, but other jurists have said no. There is a report in Abu Da’ud, Ahmad, Ibn Marduwayh and Bayhaqi (and is trustworthy: S. Ibrahim) which says that the Prophet (saws) went to Fatimah with a male slave he had with him as a gift to her. Fatimah had a shroud too short with which if she covered her head, it would not cover her feet, and if she covered her feet, the head would remain out. The Prophet remarked, “You do not have to worry since (in front of you) it is either your father or your slave.” But, Alusi, adds, the slave in question could well have been a boy since the term the Prophet used was “ghulam.”

• Man to woman: If the woman is not his wife, then his `awrah against her is his `awrah against men: from the navel to the knee. But if he is her husband or Lord (in the technical sense) then there is no `awrah.

• It is also not advisable to be naked when alone. The Prophet said when asked, “Your Lord is more deserving that you should be shy of him.” According to another hadith, “Beware from nakedness for, with you are those who do not part company except when you are in the water closet or when a man is with his wife.” (The hadith is in Tirmidhi who declared it weak: Au.).

• (It is in keeping with the Islamic directives with regard to Hijab, primarily designed not to provoke men and women sexually that women have been ordered not to wear perfumes with strong odors. According to a report in Abu Da’ud), once a woman came out of the Prophet’s mosque and passed by Abu Hurayrah. He stopped her and asked, “Allah’s slave, are you coming from the mosque?” When she said yes, he told her, “I have heard my beloved Abu Qasim (the Prophet) say, ‘The Prayer of a woman who wears perfume in a mosque is not accepted until she takes the bath of ritual purification at home’” (from Mawdudi).

• Touching a non-Mahram’s body is also not allowed in Islam. The Prophet used to take the oath of allegiance from men with their hands in his hand, but not of women, to whom he administered the oath verbally and then said, “Finished. Your oath has been taken.” (From Mawdudi).

• The Prophet strictly forbade women from traveling without a mahram, or traveling with a non-mahram. There is a tradition from Ibn `Abbas that the Prophet said in his sermon: “No man should meet a woman in privacy unless she is accompanied by any of her mahram, and no woman should travel unless she is accompanied by a mahram. (From Mawdudi).

The Face

• The Malikiyyah and the early Ahnaf are of the opinion that the face and hands are not included in the `awrah of a woman. One of their supporting evidence is the hadith (apart from the interpretation of the Qur’an), which says that once Asma’ bint Abi Bakr came before the Prophet clad in thin clothes. He told her, “When a woman matures she should not expose anything of her body except this – he showed his face and hands” (Sabuni). But the hadith has been unanimously declared weak because a narrator is missing between `A’isha and the next person in the line of narration (Au.).

• However, so far as rank and file of the Hanafiyyah is concerned, that is their earlier position. Their latter day scholars, especially the powerful Deobandi school, has declared the face and the hands included in `awrah which a woman cannot display before a non-mahram (Au.).

• The Shafe`iyyah and Hanabilah maintain that the whole of a Muslim woman’s body is `awrah, including her face and hands (Sabuni).

• The Sunnah also tells us that it is unlawful for men to look at woman’s faces. The Prophet was asked (Muslim) about a sudden look (at a face). He said, “Turn it away.” He also told `Ali (Ahmad, Abu Da’ud), “Do not follow one look with another. For, the first is for you, but the second is not for you.” (The report however is weak: S. Ibrahim). A third is the incident of the Prophet turning away Fadl’s face away from the Khath`amiyy woman during Hajj. Finally, we have a Qur’anic verse (33: 53), “And when you ask them (the Prophet’s wives) a thing, ask them from behind a curtain” (which implies that the face is included in the `awrah) - Sabuni.

• In any case, Mufti Shafi` writes, there is no difference in opinion between the Fuqaha’ that in situations of “fitnah” the face must be necessarily covered. (And fitnah is defined as that situation in which a man’s look turns towards a woman’s face twice: Au.). There is also consensus of opinion that the face and hands are not covered in the `awrah-requirement of the Prayers, so that, if a woman offers Prayers with the face and hands uncovered, her Prayer is acceptable. Further, there is no difference in opinion that although a woman might offer Prayers with an uncovered face, it is not allowable for men to look at her face, which is `awrah for them, either during Prayers or at any other time (Shafi`). Nevertheless, if the face and hands are covered, then too the Prayer is valid (Au).

• “The Qur’anic command to lower gazes was prescribed at a time when women were allowed to move around with their faces uncovered. Some have argued, for example, that if the faces of women were already covered, the direction would be pointless. Such a view is irrational and contrary to the actual facts. The assumption underlying this argument is not tenable because even in a society where women kept their faces covered, there were occasions when a man might quite accidentally come face to face with a woman. Moreover, even a woman who kept her face covered might uncover it for one reason or another. Furthermore, even if Muslim women covered their faces, non-Muslim women were likely to move around with uncovered faces” (Mawdudi).

• “According to (a) tradition (in Abu Da’ud), the son of Umm Khallad had attained martyrdom in a battle. She went to the Prophet to inquire about him with a veil that covered her face. This amazed some Companions who said to her in astonishment, ‘Even in this situation your face is covered?’ She replied, ‘I have lost my son, not my modesty.’

• “There is yet another tradition narrated by `A’isha (also in Abu Da’ud) that someone presented a paper to the Prophet from behind a curtain. The Prophet asked whether that hand was that of a man or a woman.”

• As for the tradition involving Fadl b. `Abbas during the Farewell Pilgrimage according to which he was staring at a woman and the Prophet turned his face away, it might be recalled that it is forbidden in the state of ihram to use a niqab to cover the face. We might also remember `A’isha’s report that during the same Hajj journey, they used to keep their faces uncovered, covering them only whenever a caravan passed by (from Mawdudi).

62. Yusuf Ali shows the connection: “The subject of sex ethics and manners brings us to the subject of marriage.”

Qurtubi, Shafi` and others write: With regard to marriage, the prevalent opinion is that if a man feels that he might fall into sin, then marriage is an obligation on him (wajib). However, if he doesn’t feel so, and can keep himself chaste of mind, body and eyes, then the opinion of Imam Shafe`i is that it is “mubah” (allowed) for him (to either marry or stay single) but Imam Abu Haneefah said that it is “mustahab” (desirable) that he got married. (Malikiyyah and Hanabilah are also with the Ahnaf over this issue: Rawai`). Accordingly, to engage oneself in devotional acts is, according to Imam Shafe`i, better than getting married, while to Abu Haneefah, getting married is better.

63. Ayama is the plural of ayyim which is for a spouseless man or woman, (whether previously married or not) - Ibn Jarir.

Originally the word “ayyim” was for a married woman who had lost her spouse for some reason. A hadith uses the word in this sense. Subsequently the word was extended to include any free (and not slave) man or woman who was spouseless, which is the meaning here (Alusi).

The Prophet (saws) has said in a hadith of the Sahihayn:

يَا مَعْشَرَ الشَّبَابِ مَنِ اسْتَطَاعَ مِنْكُمُ الْبَاءَةَ فَلْيَتَزَوَّجْ فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ (صحيح مسلم)

“Young men. Let him who can afford, marry. It helps in lowering the gaze and safeguarding chastity. However, let him who cannot afford it fast, for it helps control sexual urge” (Ibn Kathir).

And, according to Abu Haneefah and Malik, a slave-girl or male slave may be coerced into marriage by the master, for that will close the door to several evils (Qurtubi). Nevertheless, the directive is of a recommendatory nature. In Asad’s words, “As most of the commentators point out, this is not an injunction but a recommendation to the community as a whole.”

64. The Christian religion’s aversion to marriage is well-known. Majid quotes: “Actually” (wrote a Christian writer: Au.), “the misogyny of Saint Paul and his associates went so far that the sexual act which led to the birth of the child was itself a sin, and a filthy one at that.” (Another wrote: Au.), “It was this outlook of sex which led to the rule that no man or woman, married or unmarried, who had performed the sex act the previous night, should take part in Church festival or in the Eucharist” (Scott, History of Prostitution).

65. “Salehin” of the text carries a wide connotation to include physical, moral and material fitness (Au.).

66. Since in the Islamic system the husband is responsible for maintenance of his wife, he needed this assurance (Au.).

Hence Ibn Mas`ud used to say, “Seek prosperity in marriages for Allah (swt) has said, ‘if they be poor, Allah will enrich them from His bounty’” (Ibn Jarir, Qurtubi, Ibn Kathir).

And a hadith of Ahmad, Tirmidhi, Nasa’i and Ibn Majah says:

ثَلاَثَةٌ كُلُّهُمْ حَقٌّ عَلَى اللَّهِ عَوْنُهُ الْمُجَاهِدُ فِى سَبِيلِ اللَّهِ وَالنَّاكِحُ يُرِيدُ الْعَفَافَ وَالْمُكَاتَبُ يُرِيدُ الأَدَاءَ

“Three there are whose help is binding on Allah: Someone trying to get married; a slave who has entered into an agreement to gain freedom and (sincerely) intends to pay (the amount); and a fighter in the way of Allah.”

We find the Prophet himself marrying off a man who had nothing beyond a piece of cloth on his body and could not manage even an iron ring as “mahr” .. marrying him off to a woman on the condition that he would teach her of the Qur’an he knew (Qurtubi, Ibn Kathir).

Sabuni raises a question and then answers it: Do we not see around us people who remain poor after marriage? The answer is, being rich or poor, married or unmarried, is by Allah’s will. Being single would not mean the man would get rich, nor getting married and having children necessarily makes a man poor. Allah (swt) is capable of enriching a man although married and with large number of children, as well as rendering a man poor even if he remained single. Further, we should not forget the hadith which says,

وَإِنَّ مِنْ عِبَادِي الْمُؤْمِنِينَ لَمَنْ لا يُصلِحُ إِيمَانَهُ إِلا الْفَقْرُ ، وَلَوْ أَغْنَيْتُهُ لأَفْسَدَهُ ذَلِكَ

“There are some among My slaves whom nothing suits but poverty. Were I to enrich him, his (spiritual) condition would deteriorate” (Rawae`).

The above is a weak report (Au.).

67. “Wasi`” as an attribute of Allah is difficult to explain with a single word. Ample, Bounteous, of unlimited resources, etc. are ways in which the meaning contained in it could be explained and yet not adequately (Au.).

68. The words in parenthesis reflect Zamakhshari’s suggestion (Au.).

69. Literally “kitab” is for writing, meaning here, a written agreement (Zamakhshari and others). Asad comments: “The noun kitab is, in this context, an equivalent of kitabah or mukaatabah (lit., “Mutual agreement in writing), a juridical term signifying a “deed of freedom” or “of manumission.”

70. The injunction refers to a written agreement between a slave and his master which, in the words of Majid, “obliges the master to set his slave at liberty on receiving a certain sum of money which the latter collects either by his labour or by receiving free gifts from well-to-do Muslims.” Asad adds, “(an agreement: Au.) .. to the effect that the slave undertakes to purchase his or her freedom for an equitable sum of money payable in installments before or after the manumission, or, alternatively, by rendering a clearly specified service or services to his or her owner. With this end in view, the slave is legally entitled to engage in any legitimate, gainful work or to obtain the necessary sum of money by any other lawful means (e.g., through a loan or a gift from a third person).”

Now, what is the rule? Is it necessary for a master that if his slave wishes to enter into a deal by which he would pay a sum and win his freedom that he should accept the proposal? The answer according to `Umar, Ibn `Abbas and `Ata’ is that it is obligatory (wajib); while a few others maintained that it is not wajib, but is entirely to the discretion of the master. The earlier opinion, adds Ibn Jarir, seems to be the correct one. Hence a report by Anas b. Malik: “Seereen asked me for release on an amount but I refused. He complained to `Umar. He raised his whip over me and said, ‘Make the contract’ and recited this verse. (Ibn Kathir treated this report as trustworthy: Shawkani).

Ibn Kathir however reports that according to Imam Shafe`i, Malik and Abu Haneefah, it is not obligatory since a hadith of the Prophet says that a Muslim cannot be forced to expend his wealth except willingly.

Asad presents perhaps the generally acceptable position: In view of the imperative form of the verb katibuhum (“write it out for them”), the deed of manumission cannot be refused by the owner, the only precondition being an evidence – to be established, if necessary, by an unbiased arbiter or arbiters – of the slave’s good character and ability to fulfill his or her contractual obligations. The stipulation that such a deed of manumission may not be refused, and the establishment of precise juridical directives to this end, clearly indicates that Islamic Law has from its very beginning aimed at abolition of slavery as a social institution, and that its prohibition in modern times constitutes no more than a final implementation of the aim.”

71. How is this “good” to be evaluated? What are the parameters? According to Ibn `Umar, Ibn `Abbas and Malik bin Anas, it is the ability to earn their livelihood, so that they do not become a burden on the state. But Hasan, Mujahid, Ta’oos, Abu Saleh, and others said that it is moral qualities such as truthfulness, integrity, etc., that must be checked before the deal is made. But it seems it is the combination of the two that is meant (Ibn Jarir).

“Thus,” writes Sayyid, “the master must ensure that the man to be freed should have the ability to live on his own, and earn his own livelihood. He should not be let loose to be a burden on the society.. Islam is a practical system and not an ideal one which would say, ‘Let all the slaves be freed, at once, and all else is secondary.’ No. Islam deals with the real situation in a practical manner. If the freed slave is incapable of earning his or her own livelihood, then he is likely to find himself enslaved again. He is not free in truth. He might be forced into meanly ways in order to survive, and end up polluting the society. After all, he was freed to cleanse the society, and not to pollute it anew.”

72. There are two opinions about who is alluded to: the master, or wealthy persons of the society? The first addressee seems to be the masters, and then those who can afford to help in the matter. The practice of the Salaf was that when a slave brought up the amount agreed upon, they would keep a part and return a part which in most cases happened to be about twenty-five percent. However, that, only when the slave had brought in the money he had agreed upon. That is, the entire amount. They would take the whole amount from him and then return a part as their contribution. So, this is how they understood this Qur'anic injunction.

Ibn Jarir thinks it is the men of means who are addressed, in which case, obviously, the first would be the master himself if he happens to be rich. He and Ibn Kathir have the same kind of reports to present to substantiate their opinions.

Asad comments: “According to all authorities, this relates (a) to a moral obligation on the part of the owner to promote the slave’s efforts to obtain the necessary revenues by helping him or her to achieve an independent economic status and/or by remitting a part of the agreed-upon compensation, and (b) to the obligation of the state treasury (bayt al-mal) to finance the freeing of slaves in accordance with Islamic principles - enunciated in 9: 60 – that the revenues obtained through the obligatory .. zakah are to be utilized, among other purposes, ‘for the freeing of human beings from bondage (fi riqab).’ Hence, Zamakhshari holds that the above clause is addressed not merely to persons owning slaves but to the community as a whole.”

Sayyid further elaborates on state help. He writes: “Herewith, it is the community that is addressed. They are to marry off the spouseless. The majority of scholars believe that the statement is not imperative, but only suggestive. Their proof is in the fact that the Muslim society at the time of the Prophet was not without unmarried persons .. However, in our opinion the address is of imperative nature, not in the sense of the unmarried being forced to marry, but in the sense of the fortunate ones helping off the less fortunate ones wanting to get married, with the view to safeguarding their chastity. It would be a means of protection, and of cleansing the Islamic polity of moral perversion. This is something that is obligatory on the community, and what leads to the completion of an obligation, is itself an obligation.

“We might also straighten up the account by saying that Islam – as a complete and comprehensive system – solves the economic problems at its roots. It places the responsibility of earning livelihood on the individuals themselves: those who are capable of it and do not need the help of the governmental treasury. However, in exceptional cases it declares the treasury responsible for certain kinds of help.. This, as said, is the exceptional case, and not the norm. Islamic economic system is not based on exceptional situations, but on the norms of every individual making his or her own effort to earn the needs of life.

“However, if the Islamic society finds – after the efforts of the individuals – poor men and women, whose own earnings are not enough for them to get married, then it is the community which has to come out in support. Allah ordered its rich to rise up to the need.”

73. Why did Allah add, “If they desire chastity?” Zamakhshari answers that it is because it is only those who desire chastity that can be forced.

Others have explained that in pre-Islamic times the slave-girls freely indulged in it which did not win them respect. When Islam came, some of them resisted when asked to comply. So their masters are being taunted: will you now (who used to disdain it earlier) make them do it, while they have changed and are resisting it?

Sabuni writes: The masters are being taunted: Look! You are supposed to guard the chastity of the slave-girls that you own. Will you stoop so low as to put to prostitution those, who, although not expected to be very mindful of chastity, are now unwilling? (Rawae`)

74. It is widely reported that it is `Abdullah ibn Ubayy b. Sallul who occasioned the revelation of this verse. He had a slave-girl called Musayka. (In fact, according to Muslim two, Musayka and Umaymah, both of whom he tried to force to prostitution: Shawkani). She came to some of the Ansar and complained that her master was forcing her to prostitution. Some other reports say she went to Abu Bakr. He reported to the Prophet. The Prophet instructed him to hold back the slave-girl, and Ibn Ubayy shouted in frustration: “Who will save us from Muhammad. He is snatching away our slaves too.” So Allah revealed this verse. (Report about Musayka is in Nasa’i: Ibn Kathir). Another report says that `Abdullah ibn Ubayy had a Qurayshi prisoner he had taken at Badr. And he had a slave-girl called Mu`adha. The prisoner sought her. But the slave-girl was not willing. Now, Ibn Ubayy wished her to lie with him hoping she would get pregnant by him, bring a child, and for whom also Ibn Ubayy could demand and collect ransom. So, he would beat her for refusing, and she complained to the Ansar (Ibn Jarir). Qurtubi adds, “Those days a man would pay 100 camels to retrieve his son born through a slave-girl owned by another.”

The report about Mu`adha is in Abdul Razzaq’s collection (Ibn Kathir). Actually, it is reported that Abdullah ibn Ubayy had six slave-girls, two of whom complained against his coercion (Zamakhshari).

At all events, the Prophet declared it unlawful, as in a well-known hadith in Muslim, which includes,

شَرُّ الْكَسْبِ مَهْرُ الْبَغِىِّ وَثَمَنُ الْكَلْبِ وَكَسْبُ الْحَجَّامِ

“The worst of earning is the earning through prostitution, the price of a dog, and those of a soothsayer” (Ibn Kathir, Shawkani).

75. That is, Allah will forgive a slave-girl’s adultery if she is forced into it. The sin will be entirely upon the one who forced her (Ibn `Abbas, Sa`id b. Jubayr and others: Tabari).

Yusuf Ali points to a perennial problem: “Where slavery was legal, what is now called the “white slave traffic," it was carried on by wicked people like ‘Abdullah ibn Ubai, the Hypocrite leader at Madinah. This is absolutely condemned. While modern nations have abolished ordinary slavery, the “White Slave Traffic” is still a big social problem in individual States. Here it is absolutely condemned. No more despicable trade can be imagined.‏”

The individual states of Yusuf Ali’s mention, now cover whole continents. Sexual exploitation of women, highest ever at present in the West, where every fourth woman has, admittedly, shown sexual favors to the superiors in employment, is actually more rampant than the voluntary admittance to the surveyors (Au.).