HKB
If it were not for the indulgence of GOD towards you, and his mercy, and that GOD is easy to be reconciled, and wise, he would immediately discover your crimes.
q The preceding passage was revealed on account of the meaner and more indigent Mohâjerins, or refugees, who sought to marry the whores of the infidels, taken captives in war, for the sake of the gain which they made by prostituting themselves. Some think the prohibition was special, and regarded only the Mohâjerins before mentioned; and others are of opinion it was general; but it is agreed to have been abrogated by the words which follow in this chapter, Marry the single women among you; harlots being comprised under the appellation of single women.2 It is supposed by some that not marriage, but unlawful commerce with such women is here forbidden. r The Arabic word, mohsinât, properly signifies women of unblamable conduct; but to bring the chastisement after mentioned on the calumniator, it is also requisite that they be free women, of ripe age, having their understandings perfect, and of the Mohammedan religion. Though the word be of the feminine gender, yet men are also supposed to be comprised in this law. Abu Hanîfa was of opinion that the slanderer ought to be scourged in public, as well as the fornicator; but the generality are against him.3 s See chapter 4, p. 55. t In case both swear, the man's oath discharges him from the imputation and penalty of slander, and the woman's oath frees her from the imputation and penalty of adultery: but though the woman do swear to her innocence, yet the marriage is actually void, or ought to be declared void by the judge: because it is not fit they should continue together after they have come to these extremities.4
2 Idem, Jallalo'ddin. 3 Idem. 4 Idem.