وٰحِد
Appears 16 times in Quran
📖 Lane's Lexicon
Classical definitions for root وحد
Derived Stems (14)
Derived Words (1)
Words derived from the lemma "وٰحِد".
- is One
Occurrences in Quran
Found 16 verses containing "وٰحِد".
وَاِنۡ خِفۡتُمۡ اَلَّا تُقۡسِطُوۡا فِی الۡیَتٰمٰی فَانۡکِحُوۡا مَا طَابَ لَکُمۡ مِّنَ النِّسَآءِ مَثۡنٰی وَثُلٰثَ وَرُبٰعَ ۖ فَاِنۡ خِفۡتُمۡ اَلَّا تَعۡدِلُوۡا فَوٰحِدَۃً اَوۡ مَا مَلَکَتۡ اَیۡمٰنُکُمۡ ۚ ذٰلِکَ اَدۡنٰۤی اَلَّا تَعُوۡلُوا
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).
یُوۡصِیۡکُمُ اللّٰہُ فِیۡۤ اَوۡلٰدِکُمۡ ۖ لِلذَّکَرِ مِثۡلُ حَظِّ الۡاُنۡثَیَیۡنِ ۚ فَاِنۡ کُنَّ نِسَآءً فَوۡقَ اثۡنَتَیۡنِ فَلَہُنَّ ثُلُثَا مَا تَرَکَ ۖ وَاِنۡ کَانَتۡ وٰحِدَۃً فَلَہَا النِّصۡفُ ۚ وَلِاَبَوَیۡہِ لِکُلِّ وٰحِدٍ مِّنۡہُمَا السُّدُسُ مِمَّا تَرَکَ اِنۡ کَانَ لَہٗ وَلَدٌ ۚ فَاِنۡ لَّمۡ یَکُنۡ لَّہٗ وَلَدٌ وَّوَرِثَہٗۤ اَبَوَاہُ فَلِاُمِّہِ الثُّلُثُ ۚ فَاِنۡ کَانَ لَہٗۤ اِخۡوَۃٌ فَلِاُمِّہِ السُّدُسُ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصِیۡ بِہَاۤ اَوۡ دَیۡنٍ ۗ اٰبَآؤُکُمۡ وَاَبۡنَآؤُکُمۡ لَا تَدۡرُوۡنَ اَیُّہُمۡ اَقۡرَبُ لَکُمۡ نَفۡعًا ۚ فَرِیۡضَۃً مِّنَ اللّٰہِ ۗ اِنَّ اللّٰہَ کَانَ عَلِیۡمًا حَکِیۡمًا
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
۞ وَلَکُمۡ نِصۡفُ مَا تَرَکَ اَزۡوٰجُکُمۡ اِنۡ لَّمۡ یَکُنۡ لَّہُنَّ وَلَدٌ ۚ فَاِنۡ کَانَ لَہُنَّ وَلَدٌ فَلَکُمُ الرُّبُعُ مِمَّا تَرَکۡنَ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصِیۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۚ وَلَہُنَّ الرُّبُعُ مِمَّا تَرَکۡتُمۡ اِنۡ لَّمۡ یَکُنۡ لَّکُمۡ وَلَدٌ ۚ فَاِنۡ کَانَ لَکُمۡ وَلَدٌ فَلَہُنَّ الثُّمُنُ مِمَّا تَرَکۡتُمۡ ۚ مِّنۡۢ بَعۡدِ وَصِیَّۃٍ تُوۡصُوۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۗ وَاِنۡ کَانَ رَجُلٌ یُّوۡرَثُ کَلٰلَۃً اَوِ امۡرَاَۃٌ وَّلَہٗۤ اَخٌ اَوۡ اُخۡتٌ فَلِکُلِّ وٰحِدٍ مِّنۡہُمَا السُّدُسُ ۚ فَاِنۡ کَانُوۡۤا اَکۡثَرَ مِنۡ ذٰلِکَ فَہُمۡ شُرَکَآءُ فِی الثُّلُثِ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصٰی بِہَاۤ اَوۡ دَیۡنٍ غَیۡرَ مُضَآرٍّ ۚ وَصِیَّۃً مِّنَ اللّٰہِ ۗ وَاللّٰہُ عَلِیۡمٌ حَلِیۡمٌ
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.
فَلَمَّا سَمِعَتۡ بِمَکۡرِہِنَّ اَرۡسَلَتۡ اِلَیۡہِنَّ وَاَعۡتَدَتۡ لَہُنَّ مُتَّکَـًٔا وَّاٰتَتۡ کُلَّ وٰحِدَۃٍ مِّنۡہُنَّ سِکِّیۡنًا وَّقَالَتِ اخۡرُجۡ عَلَیۡہِنَّ ۖ فَلَمَّا رَاَیۡنَہٗۤ اَکۡبَرۡنَہٗ وَقَطَّعۡنَ اَیۡدِیَہُنَّ وَقُلۡنَ حٰشَ لِلّٰہِ مَا ہٰذَا بَشَرًا اِنۡ ہٰذَاۤ اِلَّا مَلَکٌ کَرِیۡمٌ
یعنی انگلیاں دانتوں میں دبالیں۔
12:51.
12:52.
They thought very highly of him.
The expression, cut their hands, may signify that when the women looked at Joseph, they were so struck with his saintly and handsome visage that in a state of forgetfulness some of them happened to cut their hands with the knives they were holding in their hands. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression, ‘Addul Anamili, i.e. biting the finger-ends is also used to express surprise, and because sometimes the whole of a thing is used for a part, the word 'hands' may be said to have been here used for 'finger-ends.' According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
12:51.
12:52.
Important Words:
متکا (repast) is derived from وکأ. They say, واکأعلی یدیه i.e. he leaned upon his hands or arms. اوکأه means, he set up for him a thing upon which to recline. اتکأ means, he sat leaning upon one of his sides; he leaned or rested his back or his side against a thing; he leaned or reclined upon a thing; he reclined upon a cushion. They say اتکأنا عند فلان i.e. we ate a repast with such a one. متکأ means, a place in which one reclines: a chamber or sitting room; that upon which one leans or reclines in eating, drinking or talking; food or repast, so called because high people used to recline when they sat to eat (Lane & Aqrab).
حاش لله (Allah be glorified). حاش is derived from حشی which means, he breathed short or he panted for breath or was out of breath. حاشاه منھم means, he set him aside as excluded from the description of the company or party; he excluded him from them, i.e. made an exception in regard to him. حاش لك means, far art thou from being included among those of whom I speak. حاش لله means, I ascribe unto God remoteness from every imperfection or freedom therefrom; generally implying wonder or admiration. The expression may be rendered as "How far or how free is God from every imperfection!" It is also used in the sense of معاذ الله i.e. I seek protection by God (Lane).
Commentary:
The verse purports to say that when Potiphar’s wife heard of what the women in the city were saying about her infatuation for Joseph, she thought they really believed her to be guilty though outwardly they talked in such a manner as to show that they sought to exculpate her. So in order to remove their suspicions, she invited them to a feast. Tables were laid and a knife was provided for each of them. When all the guests were assembled, she asked Joseph to come out and serve them, but hardly had they cast a glance over his face when his innocent look and angelic appearance made them convinced of the purity of his conduct and all their suspicions so far as Joseph was concerned were dissipated.
The expression, cut their hands, may mean that when the women looked at Joseph, they were so struck with his saintly appearance that in a state of forgetfulness some of them happened to cut their hands with the knives they had. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression عض الانامل (biting the finger ends) is also used to express surprise, and, as sometimes the whole is used for a part, therefore the word "hands" may be said to have been here used for "finger-ends." According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
Incidentally, the verse shows that the word "angel" can also be used for a righteous and holy man. The verse also throws interesting light on the social customs of those days—the laying of cushioned seats and the use of knives, etc.
a
12:51.
b
12:52.
2
یعنی انگلیاں دانتوں میں دبالیں۔
a
12:51.
b
12:52.
1535
Important Words:
متکا (repast) is derived from وکأ. They say, واکأعلی یدیه i.e. he leaned upon his hands or arms. اوکأه means, he set up for him a thing upon which to recline. اتکأ means, he sat leaning upon one of his sides; he leaned or rested his back or his side against a thing; he leaned or reclined upon a thing; he reclined upon a cushion. They say اتکأنا عند فلان i.e. we ate a repast with such a one. متکأ means, a place in which one reclines: a chamber or sitting room; that upon which one leans or reclines in eating, drinking or talking; food or repast, so called because high people used to recline when they sat to eat (Lane & Aqrab).
حاش لله (Allah be glorified). حاش is derived from حشی which means, he breathed short or he panted for breath or was out of breath. حاشاه منھم means, he set him aside as excluded from the description of the company or party; he excluded him from them, i.e. made an exception in regard to him. حاش لك means, far art thou from being included among those of whom I speak. حاش لله means, I ascribe unto God remoteness from every imperfection or freedom therefrom; generally implying wonder or admiration. The expression may be rendered as "How far or how free is God from every imperfection!" It is also used in the sense of معاذ الله i.e. I seek protection by God (Lane).
Commentary:
The verse purports to say that when Potiphar’s wife heard of what the women in the city were saying about her infatuation for Joseph, she thought they really believed her to be guilty though outwardly they talked in such a manner as to show that they sought to exculpate her. So in order to remove their suspicions, she invited them to a feast. Tables were laid and a knife was provided for each of them. When all the guests were assembled, she asked Joseph to come out and serve them, but hardly had they cast a glance over his face when his innocent look and angelic appearance made them convinced of the purity of his conduct and all their suspicions so far as Joseph was concerned were dissipated.
The expression, cut their hands, may mean that when the women looked at Joseph, they were so struck with his saintly appearance that in a state of forgetfulness some of them happened to cut their hands with the knives they had. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression عض الانامل (biting the finger ends) is also used to express surprise, and, as sometimes the whole is used for a part, therefore the word "hands" may be said to have been here used for "finger-ends." According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
Incidentally, the verse shows that the word "angel" can also be used for a righteous and holy man. The verse also throws interesting light on the social customs of those days—the laying of cushioned seats and the use of knives, etc.
a
12:51.
b
12:52.
1379A
They thought very highly of him.
1380
The expression, cut their hands, may signify that when the women looked at Joseph, they were so struck with his saintly and handsome visage that in a state of forgetfulness some of them happened to cut their hands with the knives they were holding in their hands. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression, ‘Addul Anamili, i.e. biting the finger-ends is also used to express surprise, and because sometimes the whole of a thing is used for a part, the word 'hands' may be said to have been here used for 'finger-ends.' According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
یٰصٰٮحِبَیِ السِّجۡنِ ءَاَرۡبَابٌ مُّتَفَرِّقُوۡنَ خَیۡرٌ اَمِ اللّٰہُ الۡوٰحِدُ الۡقَہَّارُ
Commentary:
The verse means to say that whereas in this world of matter numerical strength counts for much, it is not so with God. Though He is One and Alone, He overpowers all and dominates over all.
1543
Commentary:
The verse means to say that whereas in this world of matter numerical strength counts for much, it is not so with God. Though He is One and Alone, He overpowers all and dominates over all.
قُلۡ مَنۡ رَّبُّ السَّمٰوٰتِ وَالۡاَرۡضِ قُلِ اللّٰہُ ۚ قُلۡ اَفَاتَّخَذۡتُمۡ مِّنۡ دُوۡنِہٖۤ اَوۡلِیَآءَ لَا یَمۡلِکُوۡنَ لِاَنۡفُسِہِمۡ نَفۡعًا وَّلَا ضَرًّا ۚ قُلۡ ہَلۡ یَسۡتَوِی الۡاَعۡمٰی وَالۡبَصِیۡرُ اَمۡ ہَلۡ تَسۡتَوِی الظُّلُمٰتُ وَالنُّوۡرُ ۗ اَمۡ جَعَلُوۡا لِلّٰہِ شُرَکَآءَ خَلَقُوۡا کَخَلۡقِہٖ فَتَشٰبَہَ الۡخَلۡقُ عَلَیۡہِمۡ ۚ قُلِ اللّٰہُ خٰلِقُ کُلِّ شَیۡءٍ وَّہُوَ الۡوٰحِدُ الۡقَہّٰرُ
23:87.
25:4.
11:25; 35:20.
«古兰经» 用两个不同的单词, اَحَدْ (Ahad) 和 وَاحِدْ (Wahid) 来表示安拉的独一性。前一个单词指安拉的绝对独一, 他与任何其他人没有关系; 后者仅仅意为 ‘第一个’ 或 ‘始点’, 因而需要有第二、第三个紧随其后。安拉的特性--------独一 (وَاحِدْ, Wahid), 表明安拉是一切创造源泉的真正 ‘源泉’ 。就象第二或第三个事物必然指向第一个事物那样, 一切事物都仰向安拉。有些人被错误地给予安拉的儿子的身份。«古兰经» 在驳斥这一教条时, 使用 اَحَدْ (Ahad) 这词。也就是说, 安拉是, 而且一直是独一的, 他从未有过子女。(112:2)
23:87.
25:4.
11:25; 35:20.
The Qur’an has used two different words to express Divine Unity: (1) Ahad and (2) Wahid. Whereas the former word denotes the absolute Unity of God without relation to any other being, the latter means only 'the first' or 'the starting point,' and requires a second and a third to follow it. The Divine attribute, Wahid (One), shows that God is the real 'source' from which all creation springs, and everything points to Him just as a second or a third thing necessarily points to the first. But where the Qur’an seeks to refute the doctrine of the sonship of those who have been falsely given that status, it uses the word Ahad, i.e. He Who is and has ever been One and Alone and Who has begotten no child (112:2).
23:87.
25:4.
11:25; 35:20.
Commentary:
The words, who have no power for good or harm even for themselves, spoken about false deities point to a strange coincidence. Generally, the lives of all those persons who later came to be worshipped as deities were full of hardship and privation. Jesus, Imam Husain, Rama, etc., all led very hard lives. This fact seems to entail a strong warning to their misguided worshippers that they could expect no benefit or help from those who could not even protect themselves from harm or danger.
In the words, Can the blind and the seeing be equal?, disbelievers are told that they, being spiritually and morally blind, should not be deceived by their power and their numbers against the Holy Prophet, as even an army of blind men is powerless against one person who has eyes. The Prophet and his followers possess sight, while disbelievers are blind.
The powerlessness of the disbelievers is further brought home to them in the simile of light and darkness referred to in the words, can darkness be equal to light? Disbelievers are told that as darkness possesses no independent existence, being only the negation of light, it must flee before light. So disbelievers cannot stand against the Holy Prophet. In the last part of the verse disbelievers are challenged to produce anything which they think has been created by their false deities.
The Quran has used two different words to express the Unity of God, viz. (1) احد and (2) واحد. Whereas the former denotes the absolute Unity of God without relation to any other being, the latter means only "the first" or "the starting point" and requires a second and a third to follow it. The Divine attribute of واحد (One) is thus intended to show that God is the real "source" from which all creation springs. Although none of His creatures is similar to Him in perfection and He is Independent of all, yet everything does point to Him, just as a second or a third thing necessarily points to the first. The attribute واحد (One) has therefore been used here as an evidence of the truth of the previous statement, viz. Allah alone is the Creator of all things. As against this, where the Quran seeks to refute the doctrine of the son-ship of those who have been falsely given that status, it uses the word احد i.e. He Who has ever been One and alone and has begotten no child (112:2).
The addition of the attribute of "Most Supreme" to "One" signifies that God does not need the help or assistance of any being for the control and governance of the universe He has brought into existence, because He is not only the source of all things but is also Supreme and Powerful over them. Hence it is useless and absurd for disbelievers to worship their false deities.
c
23:87.
d
25:4.
e
11:25; 35:20.
638
«古兰经» 用两个不同的单词, اَحَدْ (Ahad) 和 وَاحِدْ (Wahid) 来表示安拉的独一性。前一个单词指安拉的绝对独一, 他与任何其他人没有关系; 后者仅仅意为 ‘第一个’ 或 ‘始点’, 因而需要有第二、第三个紧随其后。安拉的特性--------独一 (وَاحِدْ, Wahid), 表明安拉是一切创造源泉的真正 ‘源泉’ 。就象第二或第三个事物必然指向第一个事物那样, 一切事物都仰向安拉。有些人被错误地给予安拉的儿子的身份。«古兰经» 在驳斥这一教条时, 使用 اَحَدْ (Ahad) 这词。也就是说, 安拉是, 而且一直是独一的, 他从未有过子女。(112:2)
a
23:87.
b
25:4.
c
11:25; 35:20.
1628
Commentary:
The words, who have no power for good or harm even for themselves, spoken about false deities point to a strange coincidence. Generally, the lives of all those persons who later came to be worshipped as deities were full of hardship and privation. Jesus, Imam Husain, Rama, etc., all led very hard lives. This fact seems to entail a strong warning to their misguided worshippers that they could expect no benefit or help from those who could not even protect themselves from harm or danger.
In the words, Can the blind and the seeing be equal?, disbelievers are told that they, being spiritually and morally blind, should not be deceived by their power and their numbers against the Holy Prophet, as even an army of blind men is powerless against one person who has eyes. The Prophet and his followers possess sight, while disbelievers are blind.
The powerlessness of the disbelievers is further brought home to them in the simile of light and darkness referred to in the words, can darkness be equal to light? Disbelievers are told that as darkness possesses no independent existence, being only the negation of light, it must flee before light. So disbelievers cannot stand against the Holy Prophet. In the last part of the verse disbelievers are challenged to produce anything which they think has been created by their false deities.
The Quran has used two different words to express the Unity of God, viz. (1) احد and (2) واحد. Whereas the former denotes the absolute Unity of God without relation to any other being, the latter means only "the first" or "the starting point" and requires a second and a third to follow it. The Divine attribute of واحد (One) is thus intended to show that God is the real "source" from which all creation springs. Although none of His creatures is similar to Him in perfection and He is Independent of all, yet everything does point to Him, just as a second or a third thing necessarily points to the first. The attribute واحد (One) has therefore been used here as an evidence of the truth of the previous statement, viz. Allah alone is the Creator of all things. As against this, where the Quran seeks to refute the doctrine of the son-ship of those who have been falsely given that status, it uses the word احد i.e. He Who has ever been One and alone and has begotten no child (112:2).
The addition of the attribute of "Most Supreme" to "One" signifies that God does not need the help or assistance of any being for the control and governance of the universe He has brought into existence, because He is not only the source of all things but is also Supreme and Powerful over them. Hence it is useless and absurd for disbelievers to worship their false deities.
b
23:87.
c
25:4.
d
11:25; 35:20.
1432
The Qur’an has used two different words to express Divine Unity: (1) Ahad and (2) Wahid. Whereas the former word denotes the absolute Unity of God without relation to any other being, the latter means only 'the first' or 'the starting point,' and requires a second and a third to follow it. The Divine attribute, Wahid (One), shows that God is the real 'source' from which all creation springs, and everything points to Him just as a second or a third thing necessarily points to the first. But where the Qur’an seeks to refute the doctrine of the sonship of those who have been falsely given that status, it uses the word Ahad, i.e. He Who is and has ever been One and Alone and Who has begotten no child (112:2).
یَوۡمَ تُبَدَّلُ الۡاَرۡضُ غَیۡرَ الۡاَرۡضِ وَالسَّمٰوٰتُ ۖ وَبَرَزُوۡا لِلّٰہِ الۡوٰحِدِ الۡقَہَّارِ
随着麦加的主权的转移以及伊斯兰教作为一种强大力量确立在阿拉伯, 一个新的宇宙, 可以说是, 连同一种新的天地形成了。旧秩序彻底被打垮, 而一种与旧秩序完全不同的新秩序取而代之。
With the Fall of Mecca and the establishment of Islam in Arabia as a mighty force, a new universe, as it were, came into being with a new heaven and a new earth. The old order was swept away, and a new one, completely different from the old one, took its place.
Commentary:
The verse speaks of the great Day of Judgement in the next world, when new heavens and a new earth will come into existence. The attributes of "One" and "Supreme" have been mentioned in this verse to point out that on that dreadful day all the false deities of the disbelievers will forsake them and disbelievers will realize that all government rests in God alone.
Incidentally, the verse also shows that the blessings of the next life will be quite different from those of the present life; for, as the verse says, the present earth and the present heavens will be changed into a new earth and new heavens in the next world. If the same or similar earth and heavens were to be created again, in the next world, with the same fruits and the same material boons, where was the need to change the old ones?
653
随着麦加的主权的转移以及伊斯兰教作为一种强大力量确立在阿拉伯, 一个新的宇宙, 可以说是, 连同一种新的天地形成了。旧秩序彻底被打垮, 而一种与旧秩序完全不同的新秩序取而代之。
1703
Commentary:
The verse speaks of the great Day of Judgement in the next world, when new heavens and a new earth will come into existence. The attributes of "One" and "Supreme" have been mentioned in this verse to point out that on that dreadful day all the false deities of the disbelievers will forsake them and disbelievers will realize that all government rests in God alone.
Incidentally, the verse also shows that the blessings of the next life will be quite different from those of the present life; for, as the verse says, the present earth and the present heavens will be changed into a new earth and new heavens in the next world. If the same or similar earth and heavens were to be created again, in the next world, with the same fruits and the same material boons, where was the need to change the old ones?
1475
With the Fall of Mecca and the establishment of Islam in Arabia as a mighty force, a new universe, as it were, came into being with a new heaven and a new earth. The old order was swept away, and a new one, completely different from the old one, took its place.
اَلزَّانِیَۃُ وَالزَّانِیۡ فَاجۡلِدُوۡا کُلَّ وٰحِدٍ مِّنۡہُمَا مِائَۃَ جَلۡدَۃٍ ۖ وَّلَا تَاۡخُذۡکُمۡ بِہِمَا رَاۡفَۃٌ فِیۡ دِیۡنِ اللّٰہِ اِنۡ کُنۡتُمۡ تُؤۡمِنُوۡنَ بِاللّٰہِ وَالۡیَوۡمِ الۡاٰخِرِ ۖ وَلۡیَشۡہَدۡ عَذَابَہُمَا طَآئِفَۃٌ مِّنَ الۡمُؤۡمِنِیۡنَ
The words, az-Zani and az-Zaniyah, signify respectively both an adulterer and a fornicator; and an adulteress and a fornicatress.
Chastity as a moral virtue holds a very high place in the code of Islamic laws that govern relations between the sexes. The present Surah has laid down comprehensive commandments to safeguard and protect it. Islam views with extreme disapprobation the slightest breach of these laws. It is Islam’s very great sensitiveness about chastity that is reflected in the punishment prescribed for adultery or fornication in the verse under comment. The punishment prescribed is hundred stripes, no distinction having been made whether the guilty persons are married or unmarried or one of the party is married and the other unmarried. Flogging and not stoning to death, according to this verse, is the prescribed punishment. Nowhere in the Qur’an stoning to death has been laid down as punishment for adultery and, for that matter, for any other crime, however serious. Islam has not prescribed killing as a necessary and unqualified punishment even for crimes much more heinous than adultery such as unprovoked murder
Important Words:
الزانی is act. part. from زنی (aor. یزنی inf. n. زنی & زناء). They say زنی بھا i.e. he committed fornication or adultery with her. Thus الزنا means both fornication and adultery. ابن زنی، ولد زنیة and ولد الزنا all mean the same thing, i.e. the offspring of fornication or adultery. الزانی means, fornicator or adulterer, and الزانیة means, fornicatress or adulteress; and applied to a man it has an intensive meaning, i.e. one much addicted to fornication or adultery. The plural of زان is زناة like قضاة which is plural of قاض and the plural of زانیة is زوان (Lane & Aqrab).
جلدة (stripes) is derived from جلد. They say جلدہ i.e. he hit or hurt his skin; he beat his skin; he beat him; he struck him with a whip; he flogged him with a whip. جلدة means, flogging, scourging, whipping; stripe. The word is used both as plural and singular (Lane & Aqrab).
Commentary:
Chastity as a moral virtue holds a very high place in the code of Islamic laws that govern relations between the sexes. The present Surah has laid down comprehensive commandments to safeguard and protect it. Islam views with extreme disapprobation the slightest breach of these laws. It is Islam’s very great sensitiveness about chastity that is reflected in the punishment prescribed for adultery or fornication in the verse under comment. The punishment prescribed is hundred stripes, no distinction having been made whether the guilty persons are married or unmarried or one of the party is married and the other unmarried. Thus flogging and not stoning to death according to this verse is the punishment prescribed by Islam for adultery or fornication. Nowhere in the Quran has stoning to death been laid down as punishment for adultery and for that matter for any other crime however serious. Islam has not prescribed killing as a necessary and unqualified punishment even for crimes much more heinous than adultery such as unprovoked murder, dacoity, treason against the state and disturbing the peace of the land. Though extreme penalty for these crimes is death, yet the payment of blood money in the case of the first offence (2:129) and imprisonment or banishment for the other crimes (5:33-34) have been laid down as alternative punishments. Elsewhere in the Quran where punishment for adultery for a married slave-girl is mentioned (4:26), it is clearly stated that she will get half the punishment prescribed for that of a free, married woman; and evidently the punishment of stoning to death cannot be halved.
So in spite of the fact that the Quran has quite clearly and unequivocally laid down (as in the verse under comment) flogging as the punishment for adultery and has made no discrimination whatever between a married or an unmarried culprit in the matter of awarding punishment (because زانی means both a fornicator and adulterer), and in spite of the fact that the present and other relevant verses were revealed in connection with slander-mongering about ‘A’ishah, the Holy Prophet’s noble consort, who herself was a married lady, it is curious that the misconception has persisted without any justification or linguistic authority among certain schools of Muslim religious thought that the verse under comment deals with punishment for unmarried persons only and that the punishment for a married adulterer and adulteress is stoning to death. The misconception seems to be due to a few cases recorded in Hadith whereby married persons guilty of adultery were stoned to death by the order of the Holy Prophet. One of these few cases was that of a Jew and a Jewess who were stoned to death in accordance with the Mosaic Law (Bukhari). It was invariably the Holy Prophet’s practice that he abided by the Law of the Torah in deciding cases till a new commandment was revealed to him. In one or two other cases on record in which the punishment accorded was stoning to death, it has not been established whether the crime was committed before or after the verse under comment was revealed. It seems that in cases in which the guilty person was stoned to death, the crime was committed before the revelation of this verse, but by some miscalculation on the part of some chronicler it was believed to have taken place after it. There is no dearth of such historical anachronisms in the books of Hadith. Or there might have been some other aggravating circumstances besides the crime of adultery which made the Holy Prophet award the guilty person or persons the extreme punishment of death and which the chronicler of the incident failed to take into account. Otherwise it is simply inconceivable that the Holy Prophet should have contravened the quite clear and unequivocal Divine commandment in this respect.
Another possible cause for misunderstanding about the form of punishment for adultery may be a saying attributed to Caliph ‘Umar. He is reported to have said: "There was a verse in the Book of God about rajm (stoning). We read it, we understood it and we remembered it. The Holy Prophet stoned adulterers to death and we also stoned after him. Were it not that people might say that ‘Umar had added in the Book of God what was not in it, I would have written it down" (Kashful-Ghummah vol.2, p.111). The whole hadith seems to be a pure fabrication or at best the result of misunderstanding or distortion of what ‘Umar might actually have said. How by writing down in the Quran what was a part of it could be called an addition to it and how, of all men, ‘Umar could have been afraid of anybody for doing the right thing, least of all for restoring to the Quran a lost text! It is impossible to attribute such confused thinking and irresponsible talk to a man of ‘Umar’s intellectual and moral calibre and stature. If the saying were to be taken at its face value, the whole claim of the Quran that it enjoys perpetual Divine protection and therefore is quite free from human interference falls to the ground.
‘Ali seems to hold quite a different view from that of ‘Umar regarding this very important religious question. After flogging a woman who had committed adultery and then stoning her to death, he is reported to have said: "I have flogged her in obedience to the commandment of the Book of God and have stoned her to death in accordance with the practice of the Holy Prophet" (Bukhari). From this hadith, two inferences clearly emerge:
(1) In the matter of punishing an adulterer or adulteress the practice of the Holy Prophet was at variance with the commandment of God as laid down in the Quran, which is impossible. (2) Whereas according to ‘Umar there was a commandment in the Book of God about stoning to death of an adulterer, according to ‘Ali there was no such commandment, it was only the practice of the Holy Prophet according to which he stoned to death persons guilty of adultery. It is impossible to reconcile the views of these two great leaders of Islam and equally impossible to believe that they held diametrically opposed views regarding a most important question of religion. And it is indeed very surprising that in the face of quite clear, unambiguous and unequivocal Divine commandments the view should have been held, of all men by ‘Umar and ‘Ali, or by any school of Muslim religious thought that Islam has prescribed stoning to death as punishment for an adulterer. The Quran rejects this view as wholly untenable. Somewhere some misunderstanding must have occurred on the part of a chronicler or narrator of the sayings of the Holy Prophet which has caused all this confusion.
It may be of interest to note that the verse has used the words الزانی and الزانیة (and not زانی and زانیة) which suggest a particular class of adulterers and fornicators such as hardened or habitual culprits or those who are lost to all sense of shame and remorse and having thrown all restraint and constraint to the winds indulge in this hideous crime openly.
The verse further lays down that the beating of the culprit should not be so severe as to cause his death or break his bone but should hurt only the skin as the word اجلدوا used in the verse signifies and as is implied in 4:26.
2592
Important Words:
الزانی is act. part. from زنی (aor. یزنی inf. n. زنی & زناء). They say زنی بھا i.e. he committed fornication or adultery with her. Thus الزنا means both fornication and adultery. ابن زنی، ولد زنیة and ولد الزنا all mean the same thing, i.e. the offspring of fornication or adultery. الزانی means, fornicator or adulterer, and الزانیة means, fornicatress or adulteress; and applied to a man it has an intensive meaning, i.e. one much addicted to fornication or adultery. The plural of زان is زناة like قضاة which is plural of قاض and the plural of زانیة is زوان (Lane & Aqrab).
جلدة (stripes) is derived from جلد. They say جلدہ i.e. he hit or hurt his skin; he beat his skin; he beat him; he struck him with a whip; he flogged him with a whip. جلدة means, flogging, scourging, whipping; stripe. The word is used both as plural and singular (Lane & Aqrab).
Commentary:
Chastity as a moral virtue holds a very high place in the code of Islamic laws that govern relations between the sexes. The present Surah has laid down comprehensive commandments to safeguard and protect it. Islam views with extreme disapprobation the slightest breach of these laws. It is Islam’s very great sensitiveness about chastity that is reflected in the punishment prescribed for adultery or fornication in the verse under comment. The punishment prescribed is hundred stripes, no distinction having been made whether the guilty persons are married or unmarried or one of the party is married and the other unmarried. Thus flogging and not stoning to death according to this verse is the punishment prescribed by Islam for adultery or fornication. Nowhere in the Quran has stoning to death been laid down as punishment for adultery and for that matter for any other crime however serious. Islam has not prescribed killing as a necessary and unqualified punishment even for crimes much more heinous than adultery such as unprovoked murder, dacoity, treason against the state and disturbing the peace of the land. Though extreme penalty for these crimes is death, yet the payment of blood money in the case of the first offence (2:129) and imprisonment or banishment for the other crimes (5:33-34) have been laid down as alternative punishments. Elsewhere in the Quran where punishment for adultery for a married slave-girl is mentioned (4:26), it is clearly stated that she will get half the punishment prescribed for that of a free, married woman; and evidently the punishment of stoning to death cannot be halved.
So in spite of the fact that the Quran has quite clearly and unequivocally laid down (as in the verse under comment) flogging as the punishment for adultery and has made no discrimination whatever between a married or an unmarried culprit in the matter of awarding punishment (because زانی means both a fornicator and adulterer), and in spite of the fact that the present and other relevant verses were revealed in connection with slander-mongering about ‘A’ishah, the Holy Prophet’s noble consort, who herself was a married lady, it is curious that the misconception has persisted without any justification or linguistic authority among certain schools of Muslim religious thought that the verse under comment deals with punishment for unmarried persons only and that the punishment for a married adulterer and adulteress is stoning to death. The misconception seems to be due to a few cases recorded in Hadith whereby married persons guilty of adultery were stoned to death by the order of the Holy Prophet. One of these few cases was that of a Jew and a Jewess who were stoned to death in accordance with the Mosaic Law (Bukhari). It was invariably the Holy Prophet’s practice that he abided by the Law of the Torah in deciding cases till a new commandment was revealed to him. In one or two other cases on record in which the punishment accorded was stoning to death, it has not been established whether the crime was committed before or after the verse under comment was revealed. It seems that in cases in which the guilty person was stoned to death, the crime was committed before the revelation of this verse, but by some miscalculation on the part of some chronicler it was believed to have taken place after it. There is no dearth of such historical anachronisms in the books of Hadith. Or there might have been some other aggravating circumstances besides the crime of adultery which made the Holy Prophet award the guilty person or persons the extreme punishment of death and which the chronicler of the incident failed to take into account. Otherwise it is simply inconceivable that the Holy Prophet should have contravened the quite clear and unequivocal Divine commandment in this respect.
Another possible cause for misunderstanding about the form of punishment for adultery may be a saying attributed to Caliph ‘Umar. He is reported to have said: "There was a verse in the Book of God about rajm (stoning). We read it, we understood it and we remembered it. The Holy Prophet stoned adulterers to death and we also stoned after him. Were it not that people might say that ‘Umar had added in the Book of God what was not in it, I would have written it down" (Kashful-Ghummah vol.2, p.111). The whole hadith seems to be a pure fabrication or at best the result of misunderstanding or distortion of what ‘Umar might actually have said. How by writing down in the Quran what was a part of it could be called an addition to it and how, of all men, ‘Umar could have been afraid of anybody for doing the right thing, least of all for restoring to the Quran a lost text! It is impossible to attribute such confused thinking and irresponsible talk to a man of ‘Umar’s intellectual and moral calibre and stature. If the saying were to be taken at its face value, the whole claim of the Quran that it enjoys perpetual Divine protection and therefore is quite free from human interference falls to the ground.
‘Ali seems to hold quite a different view from that of ‘Umar regarding this very important religious question. After flogging a woman who had committed adultery and then stoning her to death, he is reported to have said: "I have flogged her in obedience to the commandment of the Book of God and have stoned her to death in accordance with the practice of the Holy Prophet" (Bukhari). From this hadith, two inferences clearly emerge:
(1) In the matter of punishing an adulterer or adulteress the practice of the Holy Prophet was at variance with the commandment of God as laid down in the Quran, which is impossible. (2) Whereas according to ‘Umar there was a commandment in the Book of God about stoning to death of an adulterer, according to ‘Ali there was no such commandment, it was only the practice of the Holy Prophet according to which he stoned to death persons guilty of adultery. It is impossible to reconcile the views of these two great leaders of Islam and equally impossible to believe that they held diametrically opposed views regarding a most important question of religion. And it is indeed very surprising that in the face of quite clear, unambiguous and unequivocal Divine commandments the view should have been held, of all men by ‘Umar and ‘Ali, or by any school of Muslim religious thought that Islam has prescribed stoning to death as punishment for an adulterer. The Quran rejects this view as wholly untenable. Somewhere some misunderstanding must have occurred on the part of a chronicler or narrator of the sayings of the Holy Prophet which has caused all this confusion.
It may be of interest to note that the verse has used the words الزانی and الزانیة (and not زانی and زانیة) which suggest a particular class of adulterers and fornicators such as hardened or habitual culprits or those who are lost to all sense of shame and remorse and having thrown all restraint and constraint to the winds indulge in this hideous crime openly.
The verse further lays down that the beating of the culprit should not be so severe as to cause his death or break his bone but should hurt only the skin as the word اجلدوا used in the verse signifies and as is implied in 4:26.
2025A
The words, az-Zani and az-Zaniyah, signify respectively both an adulterer and a fornicator; and an adulteress and a fornicatress.
2026
Chastity as a moral virtue holds a very high place in the code of Islamic laws that govern relations between the sexes. The present Surah has laid down comprehensive commandments to safeguard and protect it. Islam views with extreme disapprobation the slightest breach of these laws. It is Islam’s very great sensitiveness about chastity that is reflected in the punishment prescribed for adultery or fornication in the verse under comment. The punishment prescribed is hundred stripes, no distinction having been made whether the guilty persons are married or unmarried or one of the party is married and the other unmarried. Flogging and not stoning to death, according to this verse, is the prescribed punishment. Nowhere in the Qur’an stoning to death has been laid down as punishment for adultery and, for that matter, for any other crime, however serious. Islam has not prescribed killing as a necessary and unqualified punishment even for crimes much more heinous than adultery such as unprovoked murder
۞ وَلَا تُجٰدِلُوۡۤا اَہۡلَ الۡکِتٰبِ اِلَّا بِالَّتِیۡ ہِیَ اَحۡسَنُ اِلَّا الَّذِیۡنَ ظَلَمُوۡا مِنۡہُمۡ ۖ وَقُوۡلُوۡۤا اٰمَنَّا بِالَّذِیۡۤ اُنۡزِلَ اِلَیۡنَا وَاُنۡزِلَ اِلَیۡکُمۡ وَاِلٰہُنَا وَاِلٰہُکُمۡ وٰحِدٌ وَّنَحۡنُ لَہٗ مُسۡلِمُوۡنَ
16:126; 23:97; 41:35.
The verse lays down a very sound principle to guide us when preaching our Faith to others. We should begin preaching by laying stress on those beliefs and religious principles which are common between us and our adversary. As an instance we are told that while talking to "the People of the Book" we should start with the two basic religious principles of the Unity of God and Divine revelation.
16:126; 23:97; 41:35.
Commentary:
The verse lays down a very sound principle to guide us in religious controversy and when preaching our Faith to others. We should begin our preaching by laying stress on those beliefs and religious principles which are common between us and our adversary. As an instance we are told that while talking to the "People of the Book" we should start with the two basic religious principles of the Unity of God and Divine revelation. In the form in which Islam has presented these two principles, it stands unique among all religions. Whereas according to Islam God revealed Himself to man in every age, the followers of other religions claim to have the exclusive privilege of being "God’s sons and His loved ones" (5:19). Islam also teaches that Prophets have been raised among all peoples (35:25), a principle which in its catholicity and broadmindedness finds no parallel in the teaching of any other religion.
d
16:126; 23:97; 41:35.
979
这节经文制定了把我们的教义宣传给别人听时指导我们一个非常稳妥的 原则。开始时, 我们应该把宣传的重点放在我们和对方共有的那些信念的宗教原理上。举例说, 我们被告知说, 当我们向 “有经的人” 宣讲时, 应该从安拉的独一性和安拉的启示这两个基本教义开始。
a
16:126; 23:97; 41:35.
2971
Commentary:
The verse lays down a very sound principle to guide us in religious controversy and when preaching our Faith to others. We should begin our preaching by laying stress on those beliefs and religious principles which are common between us and our adversary. As an instance we are told that while talking to the "People of the Book" we should start with the two basic religious principles of the Unity of God and Divine revelation. In the form in which Islam has presented these two principles, it stands unique among all religions. Whereas according to Islam God revealed Himself to man in every age, the followers of other religions claim to have the exclusive privilege of being "God’s sons and His loved ones" (5:19). Islam also teaches that Prophets have been raised among all peoples (35:25), a principle which in its catholicity and broadmindedness finds no parallel in the teaching of any other religion.
a
16:126; 23:97; 41:35.
2257
The verse lays down a very sound principle to guide us when preaching our Faith to others. We should begin preaching by laying stress on those beliefs and religious principles which are common between us and our adversary. As an instance we are told that while talking to "the People of the Book" we should start with the two basic religious principles of the Unity of God and Divine revelation.
۞ قُلۡ اِنَّمَاۤ اَعِظُکُمۡ بِوٰحِدَۃٍ ۖ اَنۡ تَقُوۡمُوۡا لِلّٰہِ مَثۡنٰی وَفُرٰدٰی ثُمَّ تَتَفَکَّرُوۡا ۚ مَا بِصَاحِبِکُمۡ مِّنۡ جِنَّۃٍ ۚ اِنۡ ہُوَ اِلَّا نَذِیۡرٌ لَّکُمۡ بَیۡنَ یَدَیۡ عَذَابٍ شَدِیۡدٍ
7:185; 23:71.
7:185; 23:71.
The verse recommends an objective and detached examination of the Holy Prophet’s claim. The disbelievers are urged to ponder dispassionately without prejudice and without being influenced by crowd mentality, whether the Holy Prophet suffers from insanity or unsoundness of mind.
Commentary:
In this and the next few verses, another kind of argument has been suggested to test the truth of the Holy Prophet. The present verse recommends an objective and detached examination of his claim. The disbelievers are urged to ponder, dispassionately, without prejudice, and being uninfluenced by crowd mentality, whether the Holy Prophet suffers from insanity or unsoundness of mind. The Quran is convinced that if a person were to deliberate seriously and in solitude over the claim of the Holy Prophet, he would inevitably come to the conclusion that he is neither an impostor, nor an insane person, because an impostor is never allowed to progress and prosper, and sooner or later—sooner rather than later—he meets with a terrible end, while an insane person can neither give such excellent teaching as does the Quran, nor can bring about such wonderful revolution in the life of a whole people, steeped in ignorance and immorality as had been brought about by the Holy Prophet.
a
7:185; 23:71.
a
7:185; 23:71.3168
Commentary:
In this and the next few verses, another kind of argument has been suggested to test the truth of the Holy Prophet. The present verse recommends an objective and detached examination of his claim. The disbelievers are urged to ponder, dispassionately, without prejudice, and being uninfluenced by crowd mentality, whether the Holy Prophet suffers from insanity or unsoundness of mind. The Quran is convinced that if a person were to deliberate seriously and in solitude over the claim of the Holy Prophet, he would inevitably come to the conclusion that he is neither an impostor, nor an insane person, because an impostor is never allowed to progress and prosper, and sooner or later—sooner rather than later—he meets with a terrible end, while an insane person can neither give such excellent teaching as does the Quran, nor can bring about such wonderful revolution in the life of a whole people, steeped in ignorance and immorality as had been brought about by the Holy Prophet.
a
7:185; 23:71.
2403
The verse recommends an objective and detached examination of the Holy Prophet’s claim. The disbelievers are urged to ponder dispassionately without prejudice and without being influenced by crowd mentality, whether the Holy Prophet suffers from insanity or unsoundness of mind.