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It has also been said that His words, “Once they are married,” mean “once they embrace Islam,” according to the alternative reading of the verb. This is because disbelief led to their enslavement, so they came into our possession as disbelievers. Thus, He says that once they embrace Islam, they are subject to half the punishment prescribed for free women. This interpretation is also possible, since it is linguistically valid for Allah, Mighty and Majestic, to say, “from among your believing slave women,” and then, “once they attain chastity through Islam,” just as He says, “O you who believe.” According to this interpretation, the prescribed punishment for a slave woman who has unlawful intercourse, whether before or after marriage, is established by both the Quran and the hadith. Flogging her before marriage thus corroborates the verse and clarifies its meaning. The first interpretation, however, is more evident for two reasons.
First, they have already been described as believers. The apparent meaning, therefore, is that attaining chastity refers to something else, unless evidence establishes that it means embracing Islam.
Second, the Companions asked the Messenger of Allah (peace and blessings be upon him) about a slave woman who has unlawful intercourse without having married. Their specifically asking what punishment she incurs before marriage indicates that they already knew the punishment she incurs after marriage from the words of Allah, Mighty and Majestic, “Once they are married.” The Messenger of Allah (peace and blessings be upon him) understood this from the specific scope of their question. Had “once they are married” meant “once they embrace Islam,” the Messenger of Allah (peace and blessings be upon him) would have said: “There is no reason to restrict your question in this way; her prescribed punishment is the same before and after marriage.” For had he accepted their restriction and answered accordingly while they did not know her prescribed punishment after marriage, this would have indicated that her prescribed punishment after marriage was one hundred lashes or stoning—something no one maintains.
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The words of Allah, Mighty and Majestic,
“The woman and the man guilty of unlawful sexual intercourse—flog each of them with a hundred lashes” [al-Nūr: 2],
appear to apply generally to every man and woman who commits unlawful intercourse. However, we know that Muslims, rather than polytheists, are intended, because this verse was revealed to abrogate the verse concerning Muslims, namely His words, Exalted is He:
“Those of your women who commit unlawful sexual intercourse—call four witnesses from among you against them. If they testify, confine the women to their homes until death takes them or Allah provides a way for them” [al-Nisā: 15].
When it was revealed, the Messenger of Allah (peace and blessings be upon him) said: “Learn from me: Allah has provided a way for them.” And we know that what is meant by it is