اُخۡت

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.

Important Words:

ربائب (step-daughters) is derived from رب and is the plural of ربیبة meaning the daughter of a woman’s husband by another wife or the daughter of a man’s wife by another husband, because he or she rears her in spite of her being not a real daughter; or it means the wife of a man having child by another wife; also a woman who has the charge of a child, who rears or fosters it (Lane & Aqrab).

حجور (wards) is the plural of حجر which is derived from حجر meaning, he prevented or hindered it. حجر means, bosom or breast or the part beneath the armpit; custody, care or guardianship. They say, نشأ زید فی حجر عمرو i.e. Zaid grew up in the care and protection of ‘Amr. The expression التی فی حجور کم would, therefore, mean, those who are under your care or guardianship, i.e. your wards (Lane Aqrab & Mufradat).

حلائل (wives) is the plural of حلیلand حلیلة which are both derived from حل i.e. he alighted or took up his abode; or he or it became lawful; or he untied a knot, etc. حلیل means, husband and حلیلةwife. حلیل also means, a fellow-lodger or fellow-resident of another in one house (Aqrab). It also means a neighbour and a guest (Lane).

ارضعنکم (have given you suck) is derived from رضع. They say رضع امه i.e. he sucked the breast of his mother. ھذا اخی من الرضاعةmeans, he is my foster-brother, we both having sucked the breast of the same woman. ارضعته امه means, his mother suckled him; and استرضعت المرأة ولدی means, I sought or demanded of the woman that she should suckle my child (Lane).

Commentary:

The prohibition about marrying mothers, sisters and daughters may look superfluous; but there are certain people (e.g. certain sects among the Hindus) who regard such marriages as not only permissible, but even meritorious. The Quran, being a perfect code of Law, contains everything essential for man’s physical, moral and spiritual well-being. The Quranic laws are in perfect harmony with human nature; in fact, they only remind us of what is writ large on the book of human nature by God’s own hand. Human nature responds to what is taught by the Quran and the Qurancommands that which human nature demands, and it prohibits what human nature revolts against. The Holy Prophet is reported to have said that the relatives of foster mothers are as forbidden as those within prohibited degree of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on. There exists, however, a difference of opinion among Muslim theologians as to what amount of suckling makes the marriage of foster mothers and foster-sisters and their relations (within prohibited degree of marriage) unlawful. Some hold the view that the prohibition comes into operation in all cases even when a woman has given suck to a child only once. According to others who derive their authority from a saying of the Holy Prophet, reported by ‘A’ishah, viz. لا تحرم المصة ولا المصتان i.e. "A suck or two do not make marriage unlawful" (Tirmidhi, ch. on Rida’), the least number of sucks to render marriage unlawful is three. But there is yet another saying of the Holy Prophet, also reported by ‘A’ishah, that mentionsخمس رضعات معلومات (five distinctly known sucks) as necessary to make marriage unlawful (Muslim), and this appears to be the correct view. One suck amounts to the quantity taken by a child at one stretch, i.e. when for the time being it should leave off sucking of its own accord and before returning to it. The age of the child must be within two years at the time of sucking.

The qualifying clause, who are your wards, is only added to draw our attention to the fact that we should bring up our wards with the same care and tenderness that we bestow upon our own children; otherwise marriage with the daughters of women with whom conjugal relations have been established is unlawful, whether or not they are brought up as wards. The daughters of those women with whom such relations have not been established can be taken into marriage and this is the meaning of the words, but if you have not gone in unto them, there shall be no sin upon you.

The expression, of your sons that are from your loins, is added to exclude wife’s sons as well as adopted ones. Islam does not recognize the system of adoption. It wants us to look upon all Muslims as brothers; and as the adoption of certain individuals as sons conflicts with this principle of universal brotherhood, it has been prohibited by Islam. The system of adoption also leads to contention and litigation.

In conformity with the command contained in the words, it is forbidden to you to have two sisters together in marriage, the Holy Prophet is reported to have ordered one of the two sisters who were together the wives of one man to be divorced by him after this injunction was revealed (Tirmidhi, ch. on Nikah). The injunction is based on sentiments of deference to near relationship and is meant to exclude possibility of dissensions in the close family circle.

For similar reasons the Holy Prophet has forbidden to unite in marriage a maternal aunt and her sister’s daughter, or a paternal aunt and her brother’s daughter.

4:13.

4:12.

4:27.

Important Words:

For the meaning of the word کلالة see 4:13.

Commentary:

ولد (child) means, child or children whether male or female, but as کلالة (kalalah) means, one having no child and no parent, the words ولا والد (and neither parent) may be taken as being understood after the words لیس له ولد. The word اثنتین (lit. two) here means two or more sisters. This meaning is supported by a verdict of the Holy Prophet in which he applied this verse to the case of Jabir who died, leaving seven sisters (Jarir, vi. 24). The word اخوة (brethren) here includes sisters and brothers both, as the words رجالا و نساء (both men and women), forming case in apposition with اخوة indicate.

This verse, placed as it is in between the verses dealing with the Christians and their false doctrines, appears to be rather misplaced. But as the following note will show, it is very fittingly placed here, furnishing a striking proof of the Quran as well as its present arrangement being the work of God.

In 4:13 mention was made of one kind of Kalalah (one who leaves behind neither a parent nor an offspring) who had brothers and sisters from the side of his mother only. The present verse refers to a Kalalah who has brothers and sisters from both his parents, or from the side of his father only. By comparing the verse under comment with 4:13 it becomes clear that for obvious reasons the share allotted to the former class of brothers and sisters is less than that allotted to those of the latter class.

This part of the law of inheritance has been purposely treated separately from the main portion of the law dealt with in 4:12, 13 in the beginning of the Surah. The object in doing so is not far to seek. After dealing at some length with the charges levelled against Jesus by the Jews and clearing his position, the Quran reverts to the subject of Kalalah at the end of the Surah, thus seeking (beside completing the law relating to Kalalah) to draw, by a most fitting parable, our attention to the spiritual heirlessness of Jesus who, in a sense, was also a Kalalah. He was born without the agency of a father, and he left behind no spiritual successor to succeed him in his prophetic office, which was, after his death, inherited by the Ishmaelites. In this case the words, If a man dies, leaving no child, may also signify that Jesus was a Kalalah, not in the sense that spiritually speaking he had neither parents nor child, but in the restricted sense that he had no child. See 4:13 under Important Words where Ibn ‘Abbas defines a Kalalah as simply one who leaves no child. Thus Jesus was spiritually a Kalalah in the sense that he left behind no spiritual successor. Compare also the prophecy, "I will raise them a prophet from among their brethren" (Deut. 18:18).

38:62.

Important Words:

ادارکوا (successively arrived) is derived from درك. They say درك المطر i.e. the rain dropped with close consecutiveness. ادرکهmeans, he attained, reached or overtook him. ادارکوا which is the same as تدارکوا means, they attained, reached, overtook or came up with one another; or the last of them attained, reached, overtook or came up with the first of them. The expression حتی اذا ادارکوافیھا جمیعا means, until when they have overtaken one another; or until they have successively arrived therein all together (Lane).

Commentary:

The words, For each preceding party there shall be double punishment, are explained in a saying of the Holy Prophet which is to the effect that he who starts a good practice, i.e. he who does a good deed in such a manner that others copy and follow him, shall have a double reward, and he who starts a bad practice shall have a double punishment. In fact, a person who does a good or a bad deed not only benefits or suffers by it himself, but leaves it as an example to follow for those who come after him. He, therefore, deserves a double reward or punishment as the case may be. The above-quoted words of the verse are also intended to point to the fact that each party that follows another also precedes the one that follows it. So there is no question of awarding double punishment to one and letting the other go with only single punishment.

Commentary:

Some Christian writers in their ignorance of the Arabic language have accused the Quran of an historical anachronism inasmuch as it has spoken of Mary as sister of Aaron. Instead of regretting their own ignorance they have blamed theQuran of ignorance. The question of Mary having been called the sister of Aaron in the Quran was put before the Holy Prophet himself and he told the questioner whether he did not know that the Israelites used to name their children after their Prophets and saints (Bayan, vol. 6, p. 16; Jarir vol. 16, p. 52).

Mary has been here called the sister of Aaron and not that of Moses though both were brothers, for whereas Moses was the founder of the Jewish Law, Aaron was the head of the Jewish priestly class (Enc. Bib. & Enc. Brit. under "Aaron") and Mary also belonged to the priestly order. Tabari has related an incident from the life of the Holy Prophet which gives us an insight into the meanings of the Arabic words اب(ab), عم (‘amm),اخت (ukht) etc. When once Safiyyah, the Holy Prophet’s wife, and incidentally a Jewess by descent, complained to the Holy Prophet that some of his other wives had called her a Jewess in contempt, the Prophet told her to return the taunt by saying that Aaron was her father, Moses her uncle and Muhammad her husband. Surely, the Holy Prophet knew that Aaron was not Safiyyah’s father nor Moses her uncle. This tradition shows that the application of these Arabic words is by no means confined to the above-mentioned blood relations.

Mary might have been called a sister of Aaron by way of reproach or taunt inasmuch as another Mary, the real sister of Aaron and Moses’ stepsister or his sister-in-law, had charged him (Moses) with having unlawfully married a woman (Numbers 12:1). A reference to this accusation is also to be found in the Quran in 33:70. Thus the elders of the Jews, by calling Jesus’ mother sister of Aaron, meant that as Mary, the sister of Aaron had, by accusing Moses of unlawfully marrying a woman, committed a heinous crime, so did she, like her namesake, commit a heinous act of giving birth to an illegitimate child. See also 3:36.

28:12-13.

28:14.

26:15; 28:16, 34.

Important Words:

قدر (standard) is inf. noun from قدر (qadara). قدرت الشیء means, I measured the thing; computed or determined its quantity, measure, size, value, worth, bulk, proportion, extent, amount, limit or number. قدر (qadrun) or قدر (qadarun) is the quantity, quantum measure, magnitude, size, bulk, proportion and extent, of a thing. They say جاء علی قدر i.e. it came according to measure or as it may be said, he came up to the standard (Aqrab, Mufradat & Lane). See also 15:61.

Commentary:

In what a wonderful way did God fulfil the promise He made to Moses’ mother (when He commanded her to cast him into the river) that he would be restored to her (28:8)! God so managed the whole affair that the baby was soon again in the loving arms of his mother. It is in this way that God demonstrates not only His existence, but also His knowledge and shows His supreme control over all things and it is events like these that inspire a living faith in the hearts of God’s loving and sincere votaries. And it was that living faith which made Moses’ mother cast her baby into the river which was amply rewarded by Moses being restored to her very soon.

The words فتناک فتوناً (We tried thee with various trials) mean that Moses was made to pass through the crucible of trials and tribulations so that his mettle might be tested, and after passing out of these ordeals with flying colours he might be declared fit to be endowed with God’s great gifts and favours.

Midian or Madyan is the name of a town on the east side of the Gulf of ‘Akabah. The name is connected with that of the tribe of Midianites. In the 6th century Ya‘qubi speaks of its position in a district rich in springs, gardens and date-groves. Istakhri describes from his own observation the spring in the town from which Moses watered the flocks of Shu‘aib. It was then covered by a house which had been built over it. The town had then shown signs of gradual decay and decline. In the 12th century Idrisi says, "It is an unimportant little trading centre with scanty resources." In the 14th century Abul-Fida saw that it was in ruins. In recent times it has been visited by Ruppell, Burton and Musil. The extensive ruins which the Arabs call Maghair Shu‘aib after the cave-tombs lie about 16 miles east of the port of Makna, in the southern part of the valley of Al-Bad’ which is rich in streams and palms and other trees. According to Burton the whole district between 29° 28΄ and 27° 40΄ is called Ard Madyan (Enc. of Islam under "Madyan").

The town lay on the trade route from Medina to Syria and caravans going to Syria or Egypt passed through it.

The sojourn of Moses among the people of Midian fulfilled yet another divine plan. As he was destined to live with the Israelites in the deserts and forests of the valley of Sinai, he was made to become used to a hard life by living for several years in Midian.

Important Words:

قصیه (follow him up) is derived from قص. They say قصه i.e. he cut it; or he clipped it. قص أثرہ means, he followed, or followed after, his track, or footsteps, in pursuit; he endeavoured to trace or track him; he endeavoured to trace him by degrees, or by night or at any time (Lane & Aqrab). See also 7:177 & 12:4.

Important Words:

أخت (sister) is the feminine of أخ. They say أخاہ i.e. he became a brother, a friend or a companion to him. آخاہ (akhahu) means, he fraternised with him; acted with him in a brotherly manner. اخیت بین الشیئین means, I united the two things. أخ means, a brother; a friend; a companion, or associate or a fellow, and أخت means, a sister (Lane & Aqrab).