Translation:
Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means 2990 out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed 2991 if you know any good in them: even, give them something yourselves out of the means which Allah has given to you. But force not your maids 2992 to prostitution when 2993 they desire chastity, in order that you may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is Allah, Oft-Forgiving, Most Merciful (to them). 2994
Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means 2990 out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed 2991 if you know any good in them: even, give them something yourselves out of the means which Allah has given to you. But force not your maids 2992 to prostitution when 2993 they desire chastity, in order that you may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is Allah, Oft-Forgiving, Most Merciful (to them). 2994
Translation:
And as for those who are unable to marry, 44 let them live in continence until God grants them sufficiency out of His bounty, And if any of those whom you rightfully possess 45 desire [to obtain] a deed of freedom, write it out for them if you are aware of any good in them: 46 and give them [their share of the wealth of God which He has given you. 47 And do not, in order to gain 48 some of the fleeting pleasures of this worldly life, coerce your [slave] maidens into whoredom if they happen to be desirous of marriage; 49 and if anyone should coerce them, then, verily, after they have been compelled [to submit in their helplessness], God will be much-forgiving, a dispenser of grace!
And as for those who are unable to marry, 44 let them live in continence until God grants them sufficiency out of His bounty, And if any of those whom you rightfully possess 45 desire [to obtain] a deed of freedom, write it out for them if you are aware of any good in them: 46 and give them [their share of the wealth of God which He has given you. 47 And do not, in order to gain 48 some of the fleeting pleasures of this worldly life, coerce your [slave] maidens into whoredom if they happen to be desirous of marriage; 49 and if anyone should coerce them, then, verily, after they have been compelled [to submit in their helplessness], God will be much-forgiving, a dispenser of grace!
Commentary:
44 I.e., because of poverty or because they cannot find a suitable mate, or for any other personal reason.
45 Lit., "whom your right hands possess", i.e., male or female slaves.
46 The noun kitab is, in this context, an equivalent of kitabah or mukatabah (lit., "mutual agreement in writing"), a juridical term signifying a "deed of freedom" or "of manumission" executed on the basis of an agreement between a slave and his or her owner, 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). 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 pre-condition 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 he refused, and the establishment of precise juridical directives to this end, clearly indicates that Islamic Law has from its very beginning aimed at an abolition of slavery as a social institution, and that its prohibition in modern times constitutes no more than a final implementation of that aim. (See also next note, as well as note 146 on 2:177.)
47 According to all the 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 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 the Quranic principle - enunciated in 9:60 - that the revenues obtained through the obligatory tax called zakah are to be utilized, among other purposes, "for the freeing of human beings from bondage" (fi r-riqab, an expression explained in surah 2 note 146). Hence, Zamakhshari holds that the above clause is addressed not merely to persons owning slaves but to the community as a whole - The expression "the wealth of God" contains an allusion to the principle that "God has bought of the believers their lives and their possessions, promising them paradise in return" (9:111) - implying that all of man’s possessions are vested in God, and that man is entitled to no more than their usufruct.
48 Lit., "so that you might seek out" or "endeavour to attain to".
49 Lit., "if they desire protection against unchastity (tahassun)", i.e., through marriage (cf. the expression muhsanat as used in 4:24). Most of the classical commentators are of the opinion that the term fatayat ("maidens") denotes here "slave-girls": an assumption which is fully warranted by the context hence, the above verse reiterates the prohibition of concubinage by explicitly describing it as "whoredom" (bigha).
44 I.e., because of poverty or because they cannot find a suitable mate, or for any other personal reason.
45 Lit., "whom your right hands possess", i.e., male or female slaves.
46 The noun kitab is, in this context, an equivalent of kitabah or mukatabah (lit., "mutual agreement in writing"), a juridical term signifying a "deed of freedom" or "of manumission" executed on the basis of an agreement between a slave and his or her owner, 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). 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 pre-condition 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 he refused, and the establishment of precise juridical directives to this end, clearly indicates that Islamic Law has from its very beginning aimed at an abolition of slavery as a social institution, and that its prohibition in modern times constitutes no more than a final implementation of that aim. (See also next note, as well as note 146 on 2:177.)
47 According to all the 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 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 the Quranic principle - enunciated in 9:60 - that the revenues obtained through the obligatory tax called zakah are to be utilized, among other purposes, "for the freeing of human beings from bondage" (fi r-riqab, an expression explained in surah 2 note 146). Hence, Zamakhshari holds that the above clause is addressed not merely to persons owning slaves but to the community as a whole - The expression "the wealth of God" contains an allusion to the principle that "God has bought of the believers their lives and their possessions, promising them paradise in return" (9:111) - implying that all of man’s possessions are vested in God, and that man is entitled to no more than their usufruct.
48 Lit., "so that you might seek out" or "endeavour to attain to".
49 Lit., "if they desire protection against unchastity (tahassun)", i.e., through marriage (cf. the expression muhsanat as used in 4:24). Most of the classical commentators are of the opinion that the term fatayat ("maidens") denotes here "slave-girls": an assumption which is fully warranted by the context hence, the above verse reiterates the prohibition of concubinage by explicitly describing it as "whoredom" (bigha).
2990 A Muslim marriage requires some sort of a dower for the wife. If the man cannot afford that, he must wait and keep himself chaste. It is no excuse for him to say that he must satisfy his natural cravings within or outside marriage. It must be within marriage.
2991 The law of slavery in the legal sense of the term is now obsolete. While it had any meaning, Islam made the slave's lot as easy as possible. A slave, male or female, could ask for conditional manumission by a written deed fixing the amount required for manumission and allowing the slave meanwhile to earn money by lawful means and perhaps marry and bring up a family. Such a deed was not to be refused if the request was genuine and the slave had character. Not only that, but the master is directed to help with money out of his own resources in order to enable the slave to earn his or her own liberty.
2992 Where slavery was legal, what is now called the "white slave traffic" was carried on by wicked people like 'Abd Allah ibn Ubayy, 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. (R).
2993 I have translated "in" (literally, "if) by "when" because this is not a conditional clause but an explanatory clause, explaining the meaning of "force". "Forcing" a person necessarily means that it is against the wish or inclination of the person forced. Even if they were to give a formal consent, it is not valid because the persons concerned are in (legal, or now) economic slavery.
2994 The poor unfortunate girls, who are victims of such a nefarious trade, will yet find mercy from Allah, whose bounties extend to the lowest of His creatures.