24:59 An-Noor (The Light)

وهو إنزال المني يقظة أو مناما، { فَلْيَسْتَأْذِنُوا كَمَا اسْتَأْذَنَ الَّذِينَ مِنْ قَبْلِهِمْ ْ} أي: في سائر الأوقات، والذين من قبلهم، هم الذين ذكرهم الله بقوله: { يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَدْخُلُوا بُيُوتًا غَيْرَ بُيُوتِكُمْ حَتَّى تَسْتَأْنِسُوا ْ} الآية. { كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ الآيَاتِ ْ} ويوضحها، ويفصل أحكامها { وَاللَّهُ عَلِيمٌ حَكِيمٌ ْ} وفي هاتين الآيتين فوائد، منها: أن السيد وولي الصغير، مخاطبان بتعليم عبيدهم ومن تحت ولايتهم من الأولاد، العلم والآداب الشرعية، لأن الله وجه الخطاب إليهم بقوله: { يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنْكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ وَالَّذِينَ لَمْ يَبْلُغُوا الْحُلُمَ ْ} الآية، ولا يمكن ذلك، إلا بالتعليم والتأديب، ولقوله: { لَيْسَ عَلَيْكُمْ وَلَا عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ ْ} ومنها: الأمر بحفظ العورات، والاحتياط لذلك من كل وجه، وأن المحل والمكان، الذي هو مظنة لرؤية عورة الإنسان فيه، أنه منهي عن الاغتسال فيه والاستنجاء، ونحو ذلك. ومنها: جواز كشف العورة لحاجة، كالحاجة عند النوم، وعند البول والغائط، ونحو ذلك. ومنها: أن المسلمين كانوا معتادين للقيلولة وسط النهار، كما اعتادوا نوم الليل، لأن الله خاطبهم ببيان حالهم الموجودة. ومنها: أن الصغير الذي دون البلوغ، لا يجوز أن يمكن من رؤية العورة، ولا يجوز أن ترى عورته، لأن الله لم يأمر باستئذانهم، إلا عن أمر ما يجوز. ومنها: أن المملوك أيضا، لا يجوز أن يرى عورة سيده، كما أن سيده لا يجوز أن يرى عورته، كما ذكرنا في الصغير. ومنها: أنه ينبغي للواعظ والمعلم ونحوهم، ممن يتكلم في مسائل العلم الشرعي، أن يقرن بالحكم، بيان مأخذه ووجهه، ولا يلقيه مجردا عن الدليل والتعليل، لأن الله - لما بين الحكم المذكور- علله بقوله: { ثَلَاثُ عَوْرَاتٍ لَكُمْ ْ} ومنها: أن الصغير والعبد، مخاطبان، كما أن وليهما مخاطب لقوله: { لَيْسَ عَلَيْكُمْ وَلَا عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ ْ} ومنها: أن ريق الصبي طاهر، ولو كان بعد نجاسة، كالقيء، لقوله تعالى: { طَوَّافُونَ عَلَيْكُمْ ْ} مع قول النبي صلى الله عليه وسلم حين سئل عن الهرة: \" إنها ليست بنجس، إنها من الطوافين عليكم والطوافات \" ومنها: جواز استخدام الإنسان من تحت يده، من الأطفال على وجه معتاد، لا يشق على الطفل لقوله: { طَوَّافُونَ عَلَيْكُمْ ْ} ومنها: أن الحكم المذكور المفصل، إنما هو لما دون البلوغ، فأما ما بعد البلوغ، فليس إلا الاستئذان. ومنها: أن البلوغ يحصل بالإنزال فكل حكم شرعي رتب على البلوغ، حصل بالإنزال، وهذا مجمع عليه، وإنما الخلاف، هل يحصل البلوغ بالسن، أو الإنبات للعانة، والله أعلم.

يعني إذا بلغ الأطفال منكم الحلم الذين إنما كانوا يستأذنون في العورات الثلاث إذا بلغوا الحلم وجب عليهم أن يستأذنوا على كل حال يعني بالنسبة إلى أجانبهم وإلى الأحوال التي يكون الرجل على امرأته وإن لم يكن في الأحوال الثلاث.قال الأوزاعي عن يحيى بن أبي كثير إذا كان الغلام رباعيا فإنه يستأذن في العورات الثلاث على أبويه فإذا بلغ الحلم فليستأذن على كل حال وهكذا قال سعيد بن جبير وقال في قوله "كما استأذن الذين من قبلهم" يعني كما استأذن الكبار من ولد الرجل وأقاربه.

The Times when Servants and Young Children should seek Permission to enter

These Ayat include a discussion of how people who are closely related should seek permission to enter upon one another. What was mentioned earlier in the Surah had to do with how unrelated people should seek permission to enter upon one another. Allah commanded the believers to ensure that their servants and their children who have not yet reached puberty should seek permission at three times: the first is before the Fajr prayer, because people are asleep in their beds at that time.

وَحِينَ تَضَعُونَ ثِيَـبَكُمْ مِّنَ الظَّهِيرَةِ

(and while you put off your clothes during the afternoon,) means, at the time of rest, because a man may be in a state of undress with his wife at that time.

وَمِن بَعْدِ صَلَوةِ الْعِشَآءِ

(and after the `Isha' prayer.) because this is the time for sleep. Servants and children are commanded not to enter upon household members at these times, because it is feared that a man may be in an intimate situation with his wife and so on. Allah says:

ثَلاَثُ عَوْرَاتٍ لَّكُمْ لَيْسَ عَلَيْكُمْ وَلاَ عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ

((These) three (times) are of privacy for you; other than these times there is no sin on you or on them) If they enter at a time other than these, there is no sin on you if you let them enter, and no sin on them if they see something at a time other than these times. They have been given permission to enter suddenly, because they are those who go around in the house, i.e., to serve you etc., and as such they may be forgiven for things that others will not be forgiven. Although this Ayah is quite clear and has not been abrogated, people hardly follow it, and `Abdullah bin `Abbas denounced the people for that. Abu Dawud recorded that Ibn `Abbas said: "Most of the people do not follow it, the Ayah that speaks about asking permission, but I tell my servant woman to seek permission to enter." Abu Dawud said: `Ata' also narrated that Ibn `Abbas commanded this. Ath-Thawri narrated that Musa bin Abi `A'ishah said, "I asked Ash-Sha`bi about the Ayah:

لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَـنُكُمْ

(Let your slaves and slave-girls ask your permission.) He said, `It has not been abrogated.' I said: `But the people do not do that.' He said, `May Allah help them."' Then Allah says:

وَإِذَا بَلَغَ الاٌّطْفَالُ مِنكُمُ الْحُلُمَ فَلْيَسْتَأْذِنُواْ كَمَا اسْتَأْذَنَ الَّذِينَ مِن قَبْلِهِمْ

(And when the children among you come to puberty, then let them (also) ask for permission, as those senior to them (in age)) meaning: when the children who used to seek permission at the three times of privacy reach puberty, then they have to seek permission at all times, i.e., with regard to those who are non-relatives, and at times when a man may be in a state of intimacy with his wife, even if it is not one of the three times stated above.

There is no Sin on Elderly Women if They do not wear a Cloak

وَالْقَوَاعِدُ مِنَ النِّسَآءِ

(And the Qawa`id among women.) Sa`id bin Jubayr, Muqatil bin Hayyan, Ad-Dahhak and Qatadah said that these are the women who no longer think that they can bear children,

الَّلَـتِى لاَ يَرْجُونَ نِكَاحاً

(who do not hope for marriage,) meaning, they no longer have any desire for marriage,

فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَـتِ بِزِينَةٍ

(it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment.) meaning, they do not have to cover themselves in the same way that other women have to. Abu Dawud recorded that Ibn `Abbas said that the Ayah:

وَقُل لِّلْمُؤْمِنَـتِ يَغْضُضْنَ مِنْ أَبْصَـرِهِنَّ

(And tell the believing women to lower their gaze) 24:31 was abrogated and an exception was made in the case of:

وَالْقَوَاعِدُ مِنَ النِّسَآءِ الَّلَـتِى لاَ يَرْجُونَ نِكَاحاً

(the past childbearing among women who do not hope for marriage, .)

فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ

(it is no sin on them if they discard their (outer) clothing) Ibn Mas`ud said about (outer) clothing,, "The Jilbab or Rida'." A similar view was also narrated from Ibn `Abbas, Ibn `Umar, Mujahid, Sa`id bin Jubayr, Abu Ash-Sha`tha', Ibrahim An-Nakha`i, Al-Hasan, Qatadah, Az-Zuhri, Al-`Awza`i and others.

غَيْرَ مُتَبَرِّجَـتِ بِزِينَةٍ

(in such a way as not to show their adornment.) Sa`id bin Jubayr said, "They should not make a wanton display of themselves by removing their outer garment so that their adornment may be seen."

وَأَن يَسْتَعْفِفْنَ خَيْرٌ لَّهُنَّ

(But to refrain is better for them.) means, not removing their outer garment, even though that is permissible for them, is better for them.

وَاللَّهُ سَمِيعٌ عَلِيمٌ

(And Allah is All-Hearer, All-Knower.)

And when the children among you O free men reach puberty let them seek permission at all times just as those now older free men sought permission before them. So God clarifies His signs for you and God is Knower Wise.

Commentary

It has been described in the beginning of this Surah that the injunctions of Surah Nur mostly relate to prevention of obscenity and vulgarity. Under the same sequence some injunctions regarding social etiquette and mutual meetings are also enjoined. After that the injunctions about Hijab for women are prescribed.

The injunction for relatives and mahrams for seeking permission at specific timings

Earlier in this Surah the social etiquette and manners for mutual meetings were described in verses 27, 28 and 29 under the heading 'injunctions on seeking permission', where it was enjoined that if you go to visit someone, do not enter the house without taking permission. Irrespective of the situation whether it is a female section of the house or the male section, and whether the visitor is a man or a woman, it has been made obligatory on every one to seek permission before entering the house. However, these injunctions relate to those who come in the house as visitors. But in the present verses a different type of isti'dhan is enjoined. Here those persons are instructed to seek permission who live together in the same house and keep roaming in the rooms freely. In this category those men are also included with whom the hijab of women is not required (the mahrams). They, too, are advised to make some sort of sound, either by cleaning the throat or by thumping of steps, in order to make their presence felt. This type of isti'dhan is preferable and not obligatory, but to give it up is Makruh Tanzihi. Tafsir Mazhari has remarked:

فمن اراد الدخول فی بیت نفسہ و فیہ محرماتہ یکرہ لہ الدخول فیہ من غیر استیذان تنزیھا لاحتمال رؤیۃ واحدۃ منھن عریانۃ وھو احتمال ضعیف و مقتضاہ التنرہ (مظھری)

The one who intends to enter his own house, while it is occupied by his mahram ladies, it is not desirable (makruh tanzihi) for him to enter it without seeking permission, because of the possibility that one of those ladies is without clothes. However, since this possibility is a remote one, it requires precaution only (and not Prohibition).

This injunction relates to the time before entering the house, but once men-folk have entered the house, all the inmates live together and being members of the same family keep meeting each other within the house. For the family members living together there is another injunction of seeking permission at three specific times, which are the times of privacy. These three times are before the Fajr prayers, the resting time in the afternoon and in the night after ` Isha' prayers. At these times all the mahrams and relatives, even the young children and slave girls having sense, are prohibited to enter the private places without taking permission. It is to ensure that none should go in the private rooms without first seeking the permission. At these times one wants to be on one's own and sometimes takes off the extra clothes, while at times one is in a compromising position with his wife. During any of these situations one would feel very embarrassed and upset if seen by even a very young but sensible child or a woman of the household. In the least it will cause him disturbance in his rest. Hence, there is a need to take permission at these three specific times before entering the private chambers. After this injunction it is said لَيْسَ عَلَيْكُمْ وَلَا عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ (58) that is besides these times there is no harm if you go to each other without any permission, because during all other times people are busy doing their normal duties and are properly attired in their usual clothing. These are also not the normal times for intimacy with the wife.

Here the question arises that enforcement of injunction on adult man and woman is normal, but why the young children are also commanded to comply with this injunction, which is not the normal practice.

The answer to this confusion is that in actual fact it is the adult men and women who are charged with this duty to explain to the young children not to go to private chambers at these times without taking permission. It is in the same manner as a hadith instructs to teach the prayers to children when they attain the age of seven years and persuade them to offer it. And when they attain the age of ten years they be bound down to offer prayers regularly, and if they default then they should be beaten to be regular in their prayers. Similarly, the injunction of isti'dhan in the above verse is actually for the adult men and women. In the sentence under discussion the word Junah is used to say that apart from these three times there is no harm if the inmates go in the private chambers without permission. Generally the word Junah is used for sin, but sometimes it is also used for harm or obstacle. Here in this verse it is used for the latter meaning, hence, any doubt of sinning on the part of children is also removed. (Bayan ul-Qur’ an)

Ruling

The phrase الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ (the slaves owned by you) used in verse (58) covers the meaning of both the slaves and the slave girls. Among them the adult slaves fall under the category of non-Mahrams under the Islamic law. As has been explained earlier, the mistress owner woman of an adult slave is obligated to be in hijab before him. Therefore, the phrase is purported to mean here the slave girls and minor slaves who roam about in the house freely.

Ruling

The scholars and jurists have different viewpoints on the question whether this type of isti'dhan is obligatory or merely commendable and whether this injunction is still valid or is abrogated. Majority of jurists have ruled that this verse is firm and thus not abrogated, and the injunction is obligatory both for men and women (Qurtubi). But it is obvious that the reason and ground for the injunction to be obligatory is that which is given above, that is, one wants to be on his own at these three times and likes privacy, and sometimes gets busy with his wife. However, if people could get into the habit of keeping their concealable parts covered even at these three times, and be careful to copulate with wife only at times when there is no possibility of anyone coming in, as is the norm these days, then it is not obligatory to restrain the relatives and children from entering without isti'dhan. In this situation it is no more obligatory for the relatives to follow it. But there is no doubt that it is a desirable and commendable act, though it seems that people have given it up for a long time. According to one narration Sayyidna Ibn ` Abbas ؓ ', has used very strong words for ignoring it, and according to another narration he has put forward excuses for those who do not follow it.

The first narration is reported by Ibn Kathir on authority of Ibn Abi Hatim that Sayyidna ` Abdullah Ibn ` Abbas ؓ has said that there are three verses which people have stopped following. One of them is this very verse of istidhan يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ (58) in which relatives and young children are instructed to seek permission. The second verse is وَإِذَا حَضَرَ‌ الْقِسْمَةَ أُولُو الْقُرْ‌بَىٰ (4:8) in which people are advised to hand over a part of the inheritance to those relatives also who are present at the time of division of patrimony but have no claim on it, in order to console them. The third verse is إِنَّ أَكْرَ‌مَكُمْ عِندَ اللَّـهِ أَتْقَاكُمْ in which it is declared that the noblest among you in the sight of Allah is the most god-fearing of you. But these days such persons are regarded honorable and respectable who possess plenty of wealth and palatial houses. According to some other narration Ibn ` Abbas ؓ has also said that in respect of these three verses the Shaitan has overpowered the people. Then he said "I have restrained even my slave girl not to come to me without permission at these three times".

The second narration is also reported on authority of Ibn Abi Hatim by Sayyidna ` Ikrimah ؓ that two persons enquired from Sayyidna Ibn ` Abbas ؓ عنہما about isti'dhan enjoined (by this verse) upon near relatives and commented that people have stopped acting on this. Ibn ` Abbas ؓ replied ان اللہ ستیریحبّ السّتر that Allah keeps cover on many things, and He likes the same for others. The fact of the matter is that at the time of revelation of this verse the society was very simple. People did not use curtains at the door nor did they have large beds with curtains. There used to be occasions when a child or servant would come in unannounced at a time the person was in a compromising position with his wife. It was to prevent such happenings that Allah Ta’ ala sent down this injunction to take permission at these three times. But now people use curtains at the door and large beds having curtains, which is considered enough for the purpose. Now there is no need for isti'dhan. (Having reproduced this narration Ibn Kathir has said ھٰذا اسناد صحیح الی ابن عباس ؓ (that is, the chain of its narrators is 'Sahih' i.e. authentic). In the light of this narration ascribed to Sayyidna Ibn ` Abbas ؓ one thing is quite clear that when there is no apprehension of any one seeing the other in an uncovered position or involved with his wife, in that case some concession is allowed.

But Qur'an teaches for a pure society so that no one interferes in anyone's freedom and everybody lives in peace and comfort. Those who do not make their family members follow the practice of seeking permission they themselves face inconvenience and curb their natural instincts and desires.