النساء
An-Nisa
The Women • madinah • 176 Verses
View Aspects
بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ
1:1.
a
1:1.
483
Important Words:
See under 1:1.
a
1:1.
يَٰٓأَيُّهَا ٱلنَّاسُ ٱتَّقُوا۟ رَبَّكُمُ ٱلَّذِى خَلَقَكُم مِّن نَّفْسٍ وَٰحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَآءً ۚ وَٱتَّقُوا۟ ٱللَّهَ ٱلَّذِى تَسَآءَلُونَ بِهِۦ وَٱلْأَرْحَامَ ۚ إِنَّ ٱللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا
33:71; 59:19.
7:190; 16:73; 30:22; 39:7.
“一个人” 可以指: (1) 阿丹; (2) 视为一体的男女, 因两件事物联合了起着一个作用时, 可以称之为一个整体; (3) 视为分开的男女, 因为可以说人类是从 “一个人” 中创造出来的, 那是因为, 每个人都是从男人即 “单人” 的精子中被创造出来的, 也是由女人即也是 “单人” 生出来的。
这字句意思并非说妇女是从男子的身体里创造出来的, 而是说妇女和男子同属一类, 具有和男子同样的才智和脾性。哈娲 (夏娃) 是由阿丹 (亚当) 的肋骨创造出来的这一想法似乎是穆圣的一句话引起的, 即 “妇女是由肋骨创造出来的, 肋骨的最弯曲部分也必定是最高的部分。你使劲将它拉直, 它最易断裂” (بُخَارِی كِتَابُ النِّكَاحْ, Bukhari Kitabun-Nikah)。这句话只是反对而不是赞成上述观点。因为这话并未提到哈娲, 而只是谈到所有的妇女。因此很清楚, 每个妇女都不是由肋骨创造出来的。上面穆圣的这句话中所用的肋骨这个词意味着某种不直接显露的行为举止。该词本身含义是弯曲{بِحَارْ (Bihar) 和 مُحِيْط (Muhit)}。事实上, 该词指妇女的某种特点--------佯装生气和做作撒娇。在这句话中把 “不直接显露” 说成是妇女性格中最主要而合适的特征。有些人把妇女佯装生气当作真的生气, 因而态度生硬地对待她们。实际上,他们毁掉了妇女个性中最吸引人、最得人欢心的方面。
یعنی تم اس اللہ کے نام کا واسطہ دے کر اپنی ضروریات پورا کرنے کی خواہش کا اظہار کرتے ہو۔
33:71; 59:19.
7:190; 16:73; 30:22; 39:7.
"Single soul" may signify: (1) Adam; (2) man and woman taken together, because when two things jointly perform one function, they may be spoken of as one; (3) man and woman taken separately, because mankind may be said to have been created from one "single soul" in the sense that each and every individual is created from the seed of man who is "one soul" and is also born of woman who is likewise "one soul".
The words do not mean that woman was created out of the body of man but that she belonged to the same species as man, possessing identical aptitudes and propensities. The idea that Eve had been created out of the rib of Adam seems to have arisen from a saying of the Holy Prophet, viz. "Women have been created from a rib, and surely, the most crooked part of a rib is the highest part thereof. If you set yourself to straighten it, you will break it" (Bukhari, ch. on Nikah). This saying, if anything, constitutes an argument against the above view rather than being in its favour, for it makes no mention of Eve, but only speaks of all women, and it is clear that every woman has not been created from a rib. The word Dil‘ used in the above saying of the Prophet signifies a certain crookedness of manners, the word itself meaning crookedness (Bihar & Muhit). In fact, it refers to a certain peculiarity of woman, viz. her affectation of displeasure and coquetry. This "crookedness" has been spoken
The verse places "the fear of God", side by side with "respect for the ties of kinship", thus emphasizing the importance of good treatment of relatives, on which the Qur’an has laid so much stress. The Holy Prophet used to recite this verse when delivering a marriage sermon in order to remind both the parties of their duties to each other.
33:71; 59:19.
7:190; 16:73; 30:22; 39:7.
Important Words:
رقیبا (Watcher) is derived from رقب. They say رقبه i.e. he watched him; or guarded him; or waited for him; or he kept or preserved it. رقیبis one of God’s attributes meaning, Watcher, Guardian, Keeper; One from Whom nothing is hidden.رقیب also means, an observer; a spy (Lane & Aqrab).
Commentary:
The words نفس واحدة (single soul) may signify: (1) Adam; or (2) man and woman taken together, because when two things jointly perform one function, they may be spoken of as one. For instance, 2:62 speaks of one food, while it consisted of manna and quails; or (3) man and woman taken individually, because mankind may be said to have been created from one "single soul" in the sense that each and every individual is created from the seed of man who is "one soul" and is also born of woman who is likewise "one soul".
The expression, and created therefrom its mate, does not mean that woman was created out of the body of man but that she belonged to the same kind and species as man, having the same nature and the same propensities. The meaning of this expression becomes clear when elsewhere we read in the Quran: And Allah has made for you mates from among yourselves (16:73); and He has made for you pairs of your own selves, and of the cattle also pairs (42:12). This means that, like other human beings, a wife was provided for Adam from his own species. And just as other men’s wives are not created from their ribs, so was the wife of Adam not created out of his ribs; and just as our wives have been made from ourselves in the sense that they are of the same kind as ourselves, so was the wife of Adam created from his rib in the sense that she belonged to the same race as Adam did. The preposition من (from) which has given rise to this misconception has been used in the Quran not only about Adam but about other men as well (e.g. 4:60; 9:128; 10:3; 62:3, 4), and in both cases it should mean the same thing, i.e. belonging to the same kind or species. The Quran lends no support whatever to the view that Eve was actually created from the rib of Adam, as is clear from the following verses: We have created you in pairs (78:9); And of everything have We created pairs (51:50), which means that, just as God created a mate for every living thing, so did He make one for Adam. He did not need to depart from this law in respect of Adam and to create a female for him out of his own body.
The idea of Eve having been created out of the rib of Adam seems to have arisen from a saying of the Holy Prophet to the effect "Women have been created from a rib, and surely, the most crooked part of a rib is the highest part thereof. If you set yourself to straighten it, you will break it" (Bukhari, ch. on Nikah). This hadith is, however, an argument against the above view rather than in favour of it, for it makes no mention of Eve, and speaks of all women, and it is clear that every woman has not been created from a rib.
The expression "created from a rib" is evidently figurative and must not be taken literally. What it means is only that, like unto a rib, there is a sort of crookedness in the nature of woman and that this very crookedness lends charm to her. An analogous Quranic expression, viz.: خلق الانسان من عجل i.e. "man is made of (lit. from) haste" (21:38) helps to illustrate the point. These words clearly do not mean that man has been created out of a substance called عجل or haste. They mean only that man is hasty by nature. The above view has been supported by Majma‘ul Bihar, Bahrul-Muhit and Sirajul-Wahhaj, which all agree that in the above hadith the Arabic word ضلع means a certain crookedness of manners, the word itself meaning crookedness.
In fact, this hadith refers to a certain peculiarity of woman, viz. her affectation of displeasure and coquetry. This "crookedness" has been spoken of in the hadith as the highest or the best trait in her character, and those, who take affectation of anger on her part as an expression of her real anger and begin to deal harshly with her for that reason, in fact destroy woman’s most attractive and winning feature.
The verse places "the fear of God", side by side with "respect for the ties of relationship", thus emphasizing the importance of good treatment of relatives, on which the Quran lays so much stress. The Holy Prophet used to recite this verse when delivering a marriage sermon in order to remind the parties of their duties to one another.
a
33:71; 59:19.
b
7:190; 16:73; 30:22; 39:7.
308
“一个人” 可以指: (1) 阿丹; (2) 视为一体的男女, 因两件事物联合了起着一个作用时, 可以称之为一个整体; (3) 视为分开的男女, 因为可以说人类是从 “一个人” 中创造出来的, 那是因为, 每个人都是从男人即 “单人” 的精子中被创造出来的, 也是由女人即也是 “单人” 生出来的。
309
这字句意思并非说妇女是从男子的身体里创造出来的, 而是说妇女和男子同属一类, 具有和男子同样的才智和脾性。哈娲 (夏娃) 是由阿丹 (亚当) 的肋骨创造出来的这一想法似乎是穆圣的一句话引起的, 即 “妇女是由肋骨创造出来的, 肋骨的最弯曲部分也必定是最高的部分。你使劲将它拉直, 它最易断裂” (بُخَارِی كِتَابُ النِّكَاحْ, Bukhari Kitabun-Nikah)。这句话只是反对而不是赞成上述观点。因为这话并未提到哈娲, 而只是谈到所有的妇女。因此很清楚, 每个妇女都不是由肋骨创造出来的。上面穆圣的这句话中所用的肋骨这个词意味着某种不直接显露的行为举止。该词本身含义是弯曲{بِحَارْ (Bihar) 和 مُحِيْط (Muhit)}。事实上, 该词指妇女的某种特点--------佯装生气和做作撒娇。在这句话中把 “不直接显露” 说成是妇女性格中最主要而合适的特征。有些人把妇女佯装生气当作真的生气, 因而态度生硬地对待她们。实际上,他们毁掉了妇女个性中最吸引人、最得人欢心的方面。
1
یعنی تم اس اللہ کے نام کا واسطہ دے کر اپنی ضروریات پورا کرنے کی خواہش کا اظہار کرتے ہو۔
b
33:71; 59:19.
c
7:190; 16:73; 30:22; 39:7.
484
Important Words:
رقیبا (Watcher) is derived from رقب. They say رقبه i.e. he watched him; or guarded him; or waited for him; or he kept or preserved it. رقیبis one of God’s attributes meaning, Watcher, Guardian, Keeper; One from Whom nothing is hidden.رقیب also means, an observer; a spy (Lane & Aqrab).
Commentary:
The words نفس واحدة (single soul) may signify: (1) Adam; or (2) man and woman taken together, because when two things jointly perform one function, they may be spoken of as one. For instance, 2:62 speaks of one food, while it consisted of manna and quails; or (3) man and woman taken individually, because mankind may be said to have been created from one "single soul" in the sense that each and every individual is created from the seed of man who is "one soul" and is also born of woman who is likewise "one soul".
The expression, and created therefrom its mate, does not mean that woman was created out of the body of man but that she belonged to the same kind and species as man, having the same nature and the same propensities. The meaning of this expression becomes clear when elsewhere we read in the Quran: And Allah has made for you mates from among yourselves (16:73); and He has made for you pairs of your own selves, and of the cattle also pairs (42:12). This means that, like other human beings, a wife was provided for Adam from his own species. And just as other men’s wives are not created from their ribs, so was the wife of Adam not created out of his ribs; and just as our wives have been made from ourselves in the sense that they are of the same kind as ourselves, so was the wife of Adam created from his rib in the sense that she belonged to the same race as Adam did. The preposition من (from) which has given rise to this misconception has been used in the Quran not only about Adam but about other men as well (e.g. 4:60; 9:128; 10:3; 62:3, 4), and in both cases it should mean the same thing, i.e. belonging to the same kind or species. The Quran lends no support whatever to the view that Eve was actually created from the rib of Adam, as is clear from the following verses: We have created you in pairs (78:9); And of everything have We created pairs (51:50), which means that, just as God created a mate for every living thing, so did He make one for Adam. He did not need to depart from this law in respect of Adam and to create a female for him out of his own body.
The idea of Eve having been created out of the rib of Adam seems to have arisen from a saying of the Holy Prophet to the effect "Women have been created from a rib, and surely, the most crooked part of a rib is the highest part thereof. If you set yourself to straighten it, you will break it" (Bukhari, ch. on Nikah). This hadith is, however, an argument against the above view rather than in favour of it, for it makes no mention of Eve, and speaks of all women, and it is clear that every woman has not been created from a rib.
The expression "created from a rib" is evidently figurative and must not be taken literally. What it means is only that, like unto a rib, there is a sort of crookedness in the nature of woman and that this very crookedness lends charm to her. An analogous Quranic expression, viz.: خلق الانسان من عجل i.e. "man is made of (lit. from) haste" (21:38) helps to illustrate the point. These words clearly do not mean that man has been created out of a substance called عجل or haste. They mean only that man is hasty by nature. The above view has been supported by Majma‘ul Bihar, Bahrul-Muhit and Sirajul-Wahhaj, which all agree that in the above hadith the Arabic word ضلع means a certain crookedness of manners, the word itself meaning crookedness.
In fact, this hadith refers to a certain peculiarity of woman, viz. her affectation of displeasure and coquetry. This "crookedness" has been spoken of in the hadith as the highest or the best trait in her character, and those, who take affectation of anger on her part as an expression of her real anger and begin to deal harshly with her for that reason, in fact destroy woman’s most attractive and winning feature.
The verse places "the fear of God", side by side with "respect for the ties of relationship", thus emphasizing the importance of good treatment of relatives, on which the Quran lays so much stress. The Holy Prophet used to recite this verse when delivering a marriage sermon in order to remind the parties of their duties to one another.
b
33:71; 59:19.
c
7:190; 16:73; 30:22; 39:7.
556
"Single soul" may signify: (1) Adam; (2) man and woman taken together, because when two things jointly perform one function, they may be spoken of as one; (3) man and woman taken separately, because mankind may be said to have been created from one "single soul" in the sense that each and every individual is created from the seed of man who is "one soul" and is also born of woman who is likewise "one soul".
557
The words do not mean that woman was created out of the body of man but that she belonged to the same species as man, possessing identical aptitudes and propensities. The idea that Eve had been created out of the rib of Adam seems to have arisen from a saying of the Holy Prophet, viz. "Women have been created from a rib, and surely, the most crooked part of a rib is the highest part thereof. If you set yourself to straighten it, you will break it" (Bukhari, ch. on Nikah). This saying, if anything, constitutes an argument against the above view rather than being in its favour, for it makes no mention of Eve, but only speaks of all women, and it is clear that every woman has not been created from a rib. The word Dil‘ used in the above saying of the Prophet signifies a certain crookedness of manners, the word itself meaning crookedness (Bihar & Muhit). In fact, it refers to a certain peculiarity of woman, viz. her affectation of displeasure and coquetry. This "crookedness" has been spoken
558
The verse places "the fear of God", side by side with "respect for the ties of kinship", thus emphasizing the importance of good treatment of relatives, on which the Qur’an has laid so much stress. The Holy Prophet used to recite this verse when delivering a marriage sermon in order to remind both the parties of their duties to each other.
وَءَاتُوا۟ ٱلْيَتَٰمَىٰٓ أَمْوَٰلَهُمْ ۖ وَلَا تَتَبَدَّلُوا۟ ٱلْخَبِيثَ بِٱلطَّيِّبِ ۖ وَلَا تَأْكُلُوٓا۟ أَمْوَٰلَهُمْ إِلَىٰٓ أَمْوَٰلِكُمْ ۚ إِنَّهُۥ كَانَ حُوبًا كَبِيرًا
4:11, 128; 6:153; 17:35.
4:11, 128; 6:153; 17:35.
After mentioning the two favours of God in the previous verse, viz. the multiplication of many men and women from a "single soul", and their preservation from destruction by instituting ties of relationship, the Qur’an proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.
4:11, 128; 6:153; 17:35.
Important Words:
حوبا (sin) is derived from حاب meaning, he sinned; he did what was unlawful. حوب means: (1) a great sin or simply sin or crime; (2) wrong or injustice; (3) perdition, destruction or death; (4) disease; (5) a trial, trouble or affliction (Lane & Aqrab).
Commentary:
After mentioning two favours of God in the previous verse, viz. the multiplying of many men and women from a "single soul", and preserving them from destruction by instituting ties of relationship, the Quran proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.
The expression, and exchange not the bad for the good, means that if you do not give the orphans their property, the result will be that your own pure possessions will become impure and you yourselves will suffer in the long run.
The words, devour not their property with your own, contain a warning to guardians not to mix up the property of orphans with their own with the intention of misappropriating it. The clause also hints that if the guardian of an orphan possesses sufficient means of subsistence, he should not take anything out of the property of his ward as a compensation for his guardianship.
c
4:11, 128; 6:153; 17:35.
a
4:11, 128; 6:153; 17:35.
485
Important Words:
حوبا (sin) is derived from حاب meaning, he sinned; he did what was unlawful. حوب means: (1) a great sin or simply sin or crime; (2) wrong or injustice; (3) perdition, destruction or death; (4) disease; (5) a trial, trouble or affliction (Lane & Aqrab).
Commentary:
After mentioning two favours of God in the previous verse, viz. the multiplying of many men and women from a "single soul", and preserving them from destruction by instituting ties of relationship, the Quran proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.
The expression, and exchange not the bad for the good, means that if you do not give the orphans their property, the result will be that your own pure possessions will become impure and you yourselves will suffer in the long run.
The words, devour not their property with your own, contain a warning to guardians not to mix up the property of orphans with their own with the intention of misappropriating it. The clause also hints that if the guardian of an orphan possesses sufficient means of subsistence, he should not take anything out of the property of his ward as a compensation for his guardianship.
a
4:11, 128; 6:153; 17:35.
559
After mentioning the two favours of God in the previous verse, viz. the multiplication of many men and women from a "single soul", and their preservation from destruction by instituting ties of relationship, the Qur’an proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا۟ فِى ٱلْيَتَٰمَىٰ فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ ذَٰلِكَ أَدْنَىٰٓ أَلَّا تَعُولُوا۟
4:130.
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
4:130.
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
4:130.
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
a
4:130.
310
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
311
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
2
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
3
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
b
4:130.
486
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
b
4:130.
560
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
561
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
562
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةً ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيٓـًٔا مَّرِيٓـًٔا
4:25-26; 60:11.
4:25-26; 60:11.
Saduqat is the plural of Saduqah which means, dowry or a gift which is given to or for a bride (Lane).
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry to meet their own needs, but should faithfully hand it over to her. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. The words "giving the dowry willingly and cheerfully" also imply that the amount of the dowry should be well within the means of the husband so that its payment may not be a burden to him. He should be in a position to pay it willingly and cheerfully.
4:25, 26; 60:11.
Important Words:
صدقات (dowries) which is the plural of صدقة (saduqah) and not صدقة (sadaqah), as might be wrongly supposed, is derived from صدق. They say صدق فی الحدیث i.e. he was true in his speech, or he spoke the truth, or he spoke truthfully. صدق فی القتال means, he fought well: he gave a good account of himself in the fight; he was true to his duty in the fight. صدق فی الوعدmeans, he was truthful in his promise. The expression صدقه النصیحة والاخاء means, he was sincere to him in his advice and brotherly affection. See also 2:32. صدقة (sadaqah) of which the plural is صدقات (sadaqat) means, anything given to win the pleasure of God and a good reward from Him; alms and charity; Zakah, i.e. the prescribed tax of Islam for helping the poor, etc. صدقة (saduqah) of which the plural is صدقات (saduqat) as in the present verse, means, dowry or nuptial gift a gift that is given to or for a bride (Lane & Aqrab). Another word for it is صداق (or مھر) which Islam prescribes for every marriage tie, making it binding on the husband to pay to his wife. It is so called because it is a symbol of truthfulness and sincerity on the part of the husband.
نحلة (willingly) is derived from نحل. The expression نحل المراة means, he gave his wife her مھر or dowry. They say نحل فلانا i.e. he gave such a one willingly and cheerfully without expecting a return. نحلة means, giving a thing willingly and cheerfully without expecting a return; payment of the dowry to a wife; a free gift. نحلة is distinguishable from ھبة (a free gift) in that everyھبة is نحلة but every نحلة is not ھبة (Aqrab & Mufradat).
Commentary:
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry received from the husband to meet their own needs, but should faithfully hand it over to her. Some persons receive the dowry of their female wards from their husbands and then, instead of giving it to them, keep it for themselves. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. Some people fix dowries for their wives and then hesitate or even refuse to pay them, expecting them and even urging them to forego the right. The verse condemns this evil practice.
The word نحلة (paying the dowry willingly and cheerfully) also points to the amount of the dowry being reasonable it should be well within the means of the husband so that its payment may not be a painful burden to him. He should be in a position to pay it willingly and cheerfully.
The clause, if they, of their own pleasure, remit to you a part thereof, applies to those wives who voluntarily and willingly give up or pay back anything out of the agreed dowry. It does not apply to a case in which the wife is asked or made to relinquish the whole or part of the dowry before it has been actually paid to her. According to ‘Umar, a woman might claim back her dowry even after she has given it up, if she has done so under any vestige of pressure.
The words, then enjoy it as something pleasant and wholesome, imply a compliment to such husbands as evoke a willing and voluntary response from their wives owing to their kind and loving treatment of them. In such cases the wives are so pleased with their husbands that they offer to them a part of their dowry out of their own free will, as a token of the true love that exists between them.
a
4:25-26; 60:11.
a
4:25, 26; 60:11.
487
Important Words:
صدقات (dowries) which is the plural of صدقة (saduqah) and not صدقة (sadaqah), as might be wrongly supposed, is derived from صدق. They say صدق فی الحدیث i.e. he was true in his speech, or he spoke the truth, or he spoke truthfully. صدق فی القتال means, he fought well: he gave a good account of himself in the fight; he was true to his duty in the fight. صدق فی الوعدmeans, he was truthful in his promise. The expression صدقه النصیحة والاخاء means, he was sincere to him in his advice and brotherly affection. See also 2:32. صدقة (sadaqah) of which the plural is صدقات (sadaqat) means, anything given to win the pleasure of God and a good reward from Him; alms and charity; Zakah, i.e. the prescribed tax of Islam for helping the poor, etc. صدقة (saduqah) of which the plural is صدقات (saduqat) as in the present verse, means, dowry or nuptial gift a gift that is given to or for a bride (Lane & Aqrab). Another word for it is صداق (or مھر) which Islam prescribes for every marriage tie, making it binding on the husband to pay to his wife. It is so called because it is a symbol of truthfulness and sincerity on the part of the husband.
نحلة (willingly) is derived from نحل. The expression نحل المراة means, he gave his wife her مھر or dowry. They say نحل فلانا i.e. he gave such a one willingly and cheerfully without expecting a return. نحلة means, giving a thing willingly and cheerfully without expecting a return; payment of the dowry to a wife; a free gift. نحلة is distinguishable from ھبة (a free gift) in that everyھبة is نحلة but every نحلة is not ھبة (Aqrab & Mufradat).
Commentary:
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry received from the husband to meet their own needs, but should faithfully hand it over to her. Some persons receive the dowry of their female wards from their husbands and then, instead of giving it to them, keep it for themselves. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. Some people fix dowries for their wives and then hesitate or even refuse to pay them, expecting them and even urging them to forego the right. The verse condemns this evil practice.
The word نحلة (paying the dowry willingly and cheerfully) also points to the amount of the dowry being reasonable it should be well within the means of the husband so that its payment may not be a painful burden to him. He should be in a position to pay it willingly and cheerfully.
The clause, if they, of their own pleasure, remit to you a part thereof, applies to those wives who voluntarily and willingly give up or pay back anything out of the agreed dowry. It does not apply to a case in which the wife is asked or made to relinquish the whole or part of the dowry before it has been actually paid to her. According to ‘Umar, a woman might claim back her dowry even after she has given it up, if she has done so under any vestige of pressure.
The words, then enjoy it as something pleasant and wholesome, imply a compliment to such husbands as evoke a willing and voluntary response from their wives owing to their kind and loving treatment of them. In such cases the wives are so pleased with their husbands that they offer to them a part of their dowry out of their own free will, as a token of the true love that exists between them.
a
4:25-26; 60:11.
563
Saduqat is the plural of Saduqah which means, dowry or a gift which is given to or for a bride (Lane).
564
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry to meet their own needs, but should faithfully hand it over to her. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. The words "giving the dowry willingly and cheerfully" also imply that the amount of the dowry should be well within the means of the husband so that its payment may not be a burden to him. He should be in a position to pay it willingly and cheerfully.
وَلَا تُؤْتُوا۟ ٱلسُّفَهَآءَ أَمْوَٰلَكُمُ ٱلَّتِى جَعَلَ ٱللَّهُ لَكُمْ قِيَٰمًا وَٱرْزُقُوهُمْ فِيهَا وَٱكْسُوهُمْ وَقُولُوا۟ لَهُمْ قَوْلًا مَّعْرُوفًا
The words, "who are weak of understanding" have been substituted for "orphans" in the present verse to supply the required reason for the injunction, as well as to make it one of general application, including in its scope all such persons as are unable to take care of their property. In the case of grown-up imbeciles, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like Courts of Wards to look after the property of persons who cannot manage it themselves.
The verse speaks of the property of orphans as "your property", hinting thereby that the guardians of orphans should be very careful about spending their property and should treat it as their own. The expression "your property" may also signify "the property of the orphans which are in your custody". It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
Important Words:
قیاما (means of support) is derived from قام i.e. he stood up. قام بالامر means, he undertook or managed the affair. قام علیهmeans, he took care of him or it. قام بالیتیم means, he supported or maintained the orphan (Lane). So قیام would mean, the act or state of standing; a means of support or sustenance.
Commentary:
The verse speaks of the property of the orphans as "your property," hinting thereby that the guardians of orphans should be very careful about spending the orphans’ property and should in this respect treat it as their own. The expression "your property" may also signify "the property of the orphans which is in your custody." It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
As special emphasis was laid in the preceding verses on the care and good treatment of orphans, there was a likelihood that some Muslims might too readily give orphans their money on demand from them. This verse cautions guardians against such a hasty step, because, being young and inexperienced, orphans might waste their money and might also thereby spoil their character. Muslims are, therefore, bidden to meet the legitimate needs of orphans but not to squander away their money, which is a means of their support and maintenance. The same injunction applies to the children or persons of weak understanding in general, the reason being the same in both cases.
The word سفھاء translated as "foolish" but properly meaning, "those who cannot take proper care of their possessions", has been substituted for the word "orphans" in the present verse to supply the needed reason for the injunction, as well as to make it of general application, including in its scope all such persons as are unable to take care of their possessions.
In the case of disabled adults, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like courts of wards to look after the property of such persons as cannot manage it themselves.
488
Important Words:
قیاما (means of support) is derived from قام i.e. he stood up. قام بالامر means, he undertook or managed the affair. قام علیهmeans, he took care of him or it. قام بالیتیم means, he supported or maintained the orphan (Lane). So قیام would mean, the act or state of standing; a means of support or sustenance.
Commentary:
The verse speaks of the property of the orphans as "your property," hinting thereby that the guardians of orphans should be very careful about spending the orphans’ property and should in this respect treat it as their own. The expression "your property" may also signify "the property of the orphans which is in your custody." It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
As special emphasis was laid in the preceding verses on the care and good treatment of orphans, there was a likelihood that some Muslims might too readily give orphans their money on demand from them. This verse cautions guardians against such a hasty step, because, being young and inexperienced, orphans might waste their money and might also thereby spoil their character. Muslims are, therefore, bidden to meet the legitimate needs of orphans but not to squander away their money, which is a means of their support and maintenance. The same injunction applies to the children or persons of weak understanding in general, the reason being the same in both cases.
The word سفھاء translated as "foolish" but properly meaning, "those who cannot take proper care of their possessions", has been substituted for the word "orphans" in the present verse to supply the needed reason for the injunction, as well as to make it of general application, including in its scope all such persons as are unable to take care of their possessions.
In the case of disabled adults, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like courts of wards to look after the property of such persons as cannot manage it themselves.
565
The words, "who are weak of understanding" have been substituted for "orphans" in the present verse to supply the required reason for the injunction, as well as to make it one of general application, including in its scope all such persons as are unable to take care of their property. In the case of grown-up imbeciles, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like Courts of Wards to look after the property of persons who cannot manage it themselves.
566
The verse speaks of the property of orphans as "your property", hinting thereby that the guardians of orphans should be very careful about spending their property and should treat it as their own. The expression "your property" may also signify "the property of the orphans which are in your custody". It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
وَٱبْتَلُوا۟ ٱلْيَتَٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنْ ءَانَسْتُم مِّنْهُمْ رُشْدًا فَٱدْفَعُوٓا۟ إِلَيْهِمْ أَمْوَٰلَهُمْ ۖ وَلَا تَأْكُلُوهَآ إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا۟ ۚ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِٱلْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَٰلَهُمْ فَأَشْهِدُوا۟ عَلَيْهِمْ ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبًا
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.
Commentary:
Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.
But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.
The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.
The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.
489
Commentary:
Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.
But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.
The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.
The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.
567
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
568
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
569
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَّفْرُوضًا
4:34.
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
4:34.
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
b
4:34.
312
伊斯兰教遗产继承法是以此节经文为基础的。它确定了男女社会平等的原则。男女双方都有权恰当分享财产。详细条例在以下几节经文中提及。
a
4:34.
490
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
a
4:34.
570
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
وَإِذَا حَضَرَ ٱلْقِسْمَةَ أُو۟لُوا۟ ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينُ فَٱرْزُقُوهُم مِّنْهُ وَقُولُوا۟ لَهُمْ قَوْلًا مَّعْرُوفًا
此处 “其他亲属、孤儿和穷人” 指远亲、孤儿和穷人。由于他们不是死者的合法继承人, 无权接受他的财产。虽然此节经文没有规定给予他们合法的继承权, 但是劝勉穆斯林在订立遗嘱分配财产时, 给他们留出一部分财产。
By the words, other relations and orphans and the poor, are here meant those distant relatives and orphans and poor persons, who, being not included among the deceased’s legal heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts Muslims, while making a will about the division of their property, to set apart a portion of it for them.
La-hum may also mean, in their favour.
Commentary:
The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance.
By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator’s lawful heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhari ch. on Wasaya).
According to Ibn ‘Abbas, Ibn Musayyib, Ibn Sa‘id and Abu Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muhit). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person’s property.
313
此处 “其他亲属、孤儿和穷人” 指远亲、孤儿和穷人。由于他们不是死者的合法继承人, 无权接受他的财产。虽然此节经文没有规定给予他们合法的继承权, 但是劝勉穆斯林在订立遗嘱分配财产时, 给他们留出一部分财产。
491
Commentary:
The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance.
By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator’s lawful heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhari ch. on Wasaya).
According to Ibn ‘Abbas, Ibn Musayyib, Ibn Sa‘id and Abu Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muhit). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person’s property.
571
By the words, other relations and orphans and the poor, are here meant those distant relatives and orphans and poor persons, who, being not included among the deceased’s legal heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts Muslims, while making a will about the division of their property, to set apart a portion of it for them.
571A
La-hum may also mean, in their favour.
وَلْيَخْشَ ٱلَّذِينَ لَوْ تَرَكُوا۟ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَٰفًا خَافُوا۟ عَلَيْهِمْ فَلْيَتَّقُوا۟ ٱللَّهَ وَلْيَقُولُوا۟ قَوْلًا سَدِيدًا
سَدِیْد کے معنے صرف سچ کے نہیں ہوتے بلکہ یہ معنے بھی اس میں شامل ہیں کہ کوئی فریب یا اِخفا اس میں نہ ہو۔
The verse contains a strong and highly forceful appeal in favour of the orphans.
Commentary:
The verse contains a strong and highly forceful appeal in favour of orphans. Those to whom the guardianship of orphans is entrusted are told to imagine just how they would feel if they knew that they were to die leaving behind little children and no one to take care of them. The implication is that they should treat their wards as kindly as they would like their own little children to be treated in case of their own death.
1
سَدِیْد کے معنے صرف سچ کے نہیں ہوتے بلکہ یہ معنے بھی اس میں شامل ہیں کہ کوئی فریب یا اِخفا اس میں نہ ہو۔
492
Commentary:
The verse contains a strong and highly forceful appeal in favour of orphans. Those to whom the guardianship of orphans is entrusted are told to imagine just how they would feel if they knew that they were to die leaving behind little children and no one to take care of them. The implication is that they should treat their wards as kindly as they would like their own little children to be treated in case of their own death.
572
The verse contains a strong and highly forceful appeal in favour of the orphans.
إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٰلَ ٱلْيَتَٰمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا
4:3.
See 4:3.
See 4:3.
Important Words:
یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).
Commentary:
The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.
a
4:3.
a
See 4:3.
493
Important Words:
یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).
Commentary:
The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.
a
See 4:3.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:177.
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
4:177.
Father and mother both (Lane).
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
4:177.
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
314
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
b
4:177.
494
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
573
Father and mother both (Lane).
574
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
574A
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
4:177.
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
4:177.
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
4:177.
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
315
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
316
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
1
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
a
4:177.
495
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
575
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
575A
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
b
3:133; 8:21; 33:72.
c
2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَٰلِدًا فِيهَا وَلَهُۥ عَذَابٌ مُّهِينٌ
72:24.
جنت کے لئے بھی خُلُوْد کا لفظ آتا ہے یعنی یہ کہ جنتی ایک لمبے عرصہ تک اس میں رہیں گے اور دوزخ کے لئے خُلُوْد کا لفظ آتا ہے مگر قرآن کریم میں دوسری جگہوں پر یہ وضاحت ہے کہ جنتی جنت میں بلا وقفہ رہیں گے لیکن دوزخ کا عذاب ختم ہو جائے گا۔ اس لئے لمبے عرصہ کے معنے اس توضیح کو مدنظر رکھ کر کرنے چاہئیں۔
72:24.
72:24.
a
72:24.
1
جنت کے لئے بھی خُلُوْد کا لفظ آتا ہے یعنی یہ کہ جنتی ایک لمبے عرصہ تک اس میں رہیں گے اور دوزخ کے لئے خُلُوْد کا لفظ آتا ہے مگر قرآن کریم میں دوسری جگہوں پر یہ وضاحت ہے کہ جنتی جنت میں بلا وقفہ رہیں گے لیکن دوزخ کا عذاب ختم ہو جائے گا۔ اس لئے لمبے عرصہ کے معنے اس توضیح کو مدنظر رکھ کر کرنے چاہئیں۔
c
72:24.
c
72:24.
وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًا
4:20, 26; 24:20.
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
4:20, 26; 24:20.
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
4:20, 26; 24:20.
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
b
4:20, 26; 24:20.
317
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
2
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
a
4:20, 26; 24:20.
496
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
d
4:20, 26; 24:20.
576
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
وَٱلَّذَانِ يَأْتِيَٰنِهَا مِنكُمْ فَـَٔاذُوهُمَا ۖ فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُوا۟ عَنْهُمَآ ۗ إِنَّ ٱللَّهَ كَانَ تَوَّابًا رَّحِيمًا
اَلَّذَانِ (Alladhani) 这词未必意指两个男性, 这里所提的特定惩罚方式应由有关当局决定。这节与上节经文所指出的一些罪行, 其惩戒方式都未见载于经典中, 所以要由当局按照当时的实际情况裁定。本节经文也可指两个男性间反常的犯罪行为或近似的犯罪行为。
مفسرین کہتے ہیں کہ اس سے مراد بدکاری ہے لیکن قرآن کے الفاظ ظاہر ہیں کہ آیت سے مراد یہ ہے کہ وہ ناپسندیدہ بات کریں اور سیاق و سباق سے ظاہر ہے کہ اس جگہ جھگڑا فساد مراد ہے۔
The word Alladhani does not necessarily imply two males. What particular form the punishment mentioned here should take is left to the discretion of the authorities concerned. Both this and the preceding verse refer to offences for which no punishment has been fixed by the Law, the matter having been left to the discretion of the authorities to be decided according to the circumstances then obtaining. The verse may also refer to two males being guilty of an unnatural offence or something approaching it.
Commentary:
The verse refers to two males who are guilty of an unnatural offence or something approaching it. What particular form the punishment mentioned here should take has been left to the discretion of the authorities concerned.
Both this verse and the preceding one refer to offences for which no حد شرعی (punishment definitely fixed by the Law) has been prescribed, the matter having been left to the discretion of the authorities to be decided according to circumstances.
318
اَلَّذَانِ (Alladhani) 这词未必意指两个男性, 这里所提的特定惩罚方式应由有关当局决定。这节与上节经文所指出的一些罪行, 其惩戒方式都未见载于经典中, 所以要由当局按照当时的实际情况裁定。本节经文也可指两个男性间反常的犯罪行为或近似的犯罪行为。
3
مفسرین کہتے ہیں کہ اس سے مراد بدکاری ہے لیکن قرآن کے الفاظ ظاہر ہیں کہ آیت سے مراد یہ ہے کہ وہ ناپسندیدہ بات کریں اور سیاق و سباق سے ظاہر ہے کہ اس جگہ جھگڑا فساد مراد ہے۔
497
Commentary:
The verse refers to two males who are guilty of an unnatural offence or something approaching it. What particular form the punishment mentioned here should take has been left to the discretion of the authorities concerned.
Both this verse and the preceding one refer to offences for which no حد شرعی (punishment definitely fixed by the Law) has been prescribed, the matter having been left to the discretion of the authorities to be decided according to circumstances.
577
The word Alladhani does not necessarily imply two males. What particular form the punishment mentioned here should take is left to the discretion of the authorities concerned. Both this and the preceding verse refer to offences for which no punishment has been fixed by the Law, the matter having been left to the discretion of the authorities to be decided according to the circumstances then obtaining. The verse may also refer to two males being guilty of an unnatural offence or something approaching it.
إِنَّمَا ٱلتَّوْبَةُ عَلَى ٱللَّهِ لِلَّذِينَ يَعْمَلُونَ ٱلسُّوٓءَ بِجَهَٰلَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُو۟لَٰٓئِكَ يَتُوبُ ٱللَّهُ عَلَيْهِمْ ۗ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
6:55; 16:120; 24:6.
“无知之中” 这词语并不意味着罪犯作恶而不知道在作恶。事实上, 一个人所作的每一恶行是在无知之中, 是缺乏恰当而足够的知识时干下的。传穆圣曾说过, “有一些知识确实是无知的,” 也就是说, 于人有害的知识 (بِحَارْ, Bihar)。因此补充了 “无知之中” 一语来指罪恶的性质与哲理, 告诫人们去获得有用的知识以避免罪恶。
“迅速” 这词语在这里的意思是 “在临终前” 下节经文所说的 “那些继续作恶直到面临死亡的人” 证实了这个意思。
6:55; 16:120; 24:6.
The words "in ignorance" do not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act done in ignorance, born of lack of proper and adequate knowledge. The Holy Prophet is reported to have said, "There are some kinds of knowledge which are really ignorance," i.e. the learning of which is injurious to man (Bihar). So the words "in ignorance" have been added to point to the nature and philosophy of sin and to exhort people to acquire useful knowledge with a view to avoiding sin.
The words "soon after" here mean "before death". The next verse which says "who continue to do evil until when death faces one of them," supports this meaning.
6:55; 16:120; 24:6.
Commentary:
The expression بجھالة (ignorantly) does not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act of ignorance, born of lack of true knowledge. The Holy Prophet is reported to have said, "There are some kinds of 'knowledge' which are really 'ignorance' ", i.e. the learning of which is injurious to man (Bihar). So the expression بجھالة (ignorantly) has been added to point to the philosophy of sin and to exhort people to acquire true knowledge with a view to avoiding sin.
The words من قریب (soon after) here mean "before death" which may come at any time and is thus always near. The Holy Prophet is reported to have said: "Allah accepts the repentance of man till the agonies of death" Muslim, ch. on Taubah). This explanation is corroborated by what is said in the next verse (4:19), viz. who continue to do evil until when death faces one of them, he says, I do repent now. This shows that repentance may be accepted of any person, if he sincerely repents before death actually overtakes him.
a
6:55; 16:120; 24:6.
319
“无知之中” 这词语并不意味着罪犯作恶而不知道在作恶。事实上, 一个人所作的每一恶行是在无知之中, 是缺乏恰当而足够的知识时干下的。传穆圣曾说过, “有一些知识确实是无知的,” 也就是说, 于人有害的知识 (بِحَارْ, Bihar)。因此补充了 “无知之中” 一语来指罪恶的性质与哲理, 告诫人们去获得有用的知识以避免罪恶。
320
“迅速” 这词语在这里的意思是 “在临终前” 下节经文所说的 “那些继续作恶直到面临死亡的人” 证实了这个意思。
a
6:55; 16:120; 24:6.
498
Commentary:
The expression بجھالة (ignorantly) does not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act of ignorance, born of lack of true knowledge. The Holy Prophet is reported to have said, "There are some kinds of 'knowledge' which are really 'ignorance' ", i.e. the learning of which is injurious to man (Bihar). So the expression بجھالة (ignorantly) has been added to point to the philosophy of sin and to exhort people to acquire true knowledge with a view to avoiding sin.
The words من قریب (soon after) here mean "before death" which may come at any time and is thus always near. The Holy Prophet is reported to have said: "Allah accepts the repentance of man till the agonies of death" Muslim, ch. on Taubah). This explanation is corroborated by what is said in the next verse (4:19), viz. who continue to do evil until when death faces one of them, he says, I do repent now. This shows that repentance may be accepted of any person, if he sincerely repents before death actually overtakes him.
a
6:55; 16:120; 24:6.
578
The words "in ignorance" do not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act done in ignorance, born of lack of proper and adequate knowledge. The Holy Prophet is reported to have said, "There are some kinds of knowledge which are really ignorance," i.e. the learning of which is injurious to man (Bihar). So the words "in ignorance" have been added to point to the nature and philosophy of sin and to exhort people to acquire useful knowledge with a view to avoiding sin.
579
The words "soon after" here mean "before death". The next verse which says "who continue to do evil until when death faces one of them," supports this meaning.
وَلَيْسَتِ ٱلتَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ ٱلسَّيِّـَٔاتِ حَتَّىٰٓ إِذَا حَضَرَ أَحَدَهُمُ ٱلْمَوْتُ قَالَ إِنِّى تُبْتُ ٱلْـَٰٔنَ وَلَا ٱلَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ ۚ أُو۟لَٰٓئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا
2:62; 3:92; 47:43.
2:62; 3:92; 47:43.
2:62; 3:92; 47:35.
b
2:62; 3:92; 47:43.
a
2:62; 3:92; 47:35.
a
2:62; 3:92; 47:43.