Praise be to Allaah.
Abu Jafar Muhammad ibn Jareer al-Tabari
gave a definition of muhsanah in Jaami
al-Bayaan an Taweel Aayil-Quraan
(8/165):
Muhsanah means the woman
who is chaste and pure
one who is chaste and
protects her private parts from committing immoral acts,
as in the aayah (interpretation of the meaning): And
Maryam, the daughter of Imraan, who guarded her
chastity
[al-Tahreem 66:12], meaning
that she kept herself above suspicious actions and protected
herself from immoral conduct.
Then he discussed the interpretation of
the aayah (interpretation of the meaning):
(lawful to you in marriage) are chaste women from the
believers and chaste women from those who were given
the Scripture (Jews and Christians) before your time
[al-Maaidah 5:5]
He said that some others said that what
was meant by this aayah (
(lawful to
you in marriage) are chaste women from the believers
and chaste women from those who were given the Scripture
(Jews and Christians) before your time
)
is chaste women from both groups, whether they were
slaves or free. Those who were of this opinion considered
it permissible to marry slave women who were Jews or
Christians who practised their religions, because of
this aayah, but they considered it haraam to marry promiscuous
women, whether they were Muslims or from the People
of the Book. Then he mentioned reports to support this
opinion.
He also said: There was some dispute
among the scholars about the interpretation of the phrase
and chaste women from those who were given the Scripture
(Jews and Christians) before your time
- was
this general or specific in application? Some said that
it is general and applies to all chaste women, because
muhsanaat means chaste women, and a Muslim is
allowed to marry any woman of the People of the Book,
free or slave, from a country whose people are engaged
in hostilities with Islam or from a community which
is living under Islamic rule. They use as evidence for
this the apparent meaning of the phrase and chaste
women from those who were given the Scripture (Jews
and Christians) before your time
- taking
muhsanaat to mean any chaste woman, whoever she may
be. This is the opinion of those who take muhsanaat
to mean chaste women in this context.
Others say that it refers only to the
women of Jewish and Christian communities who are living
under Islamic rule. As regards those living in regions
that are hostile to Islam, Muslims are not permitted
to marry such women.
He mentions an important condition for
marrying a woman of the People of the Book, which every
Muslim who wants to marry such a woman in a non-Muslim
country should pay attention to. This condition is that
he should be in a position where he is not afraid that
his child will be forced into kufr.
One of the obvious implications of this
in our time is that a Muslim should not put himself
in a position where he will be forced to raise his child
as a kaafir in a non-Muslim country, where a child may
be forced to study something about Christianity, for
example, or he may be taken to church on Sundays, or
the law may be on the side of the non-Muslim woman,
allowing her to take her child wherever she wants and
raise him in her familys religion, etc. We ask
Allaah to keep us safe from all that and we seek refuge
with Him from being forsaken.
Shaykh al-Sadi said in his Tafseer
(commentary on the Quraan), 1/458:
(lawful to you in
marriage) are chaste women i.e., free and
chaste - from the believers and chaste women free
and chaste - from those who were given the Scripture
(Jews and Christians) before your time
i.e., from among the Jews and Christians. This is adding
specific details to the aayah (interpretation of the
meaning): And do not marry al-mushrikaat (idolatresses,
etc.) till they believe (worship Allaah alone)
[al-Baqarah 2:221].
As for promiscuous women, those who
do not keep themselves chaste and free from immoral
sexual conduct, it is not permitted to marry them, whether
they are Muslims or from among the People of the Book
(Jews and Christians), unless they repent, because Allaah
says (interpretation of the meaning): Let no
man guilty of fornication or adultery marry any but
a woman similarly guilty, or an unbeliever: nor let
any but such a man or an unbeliever marry such a woman:
to the Believers such a thing is forbidden. [al-Noor
24:3]
And Allaah knows best.