حُدُود

Important Words:

رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).

تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".

عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).

باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).

Commentary:

It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.

Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.

The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.

The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan

and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).

See 2:228.

2:232; 4:130; 65:3.

Important Words:

امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).

تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).

حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).

Commentary:

This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"

After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.

The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.

If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.

Important Words:

یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).

یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.

تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.

Commentary:

This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.

3:133; 8:21; 33:72.

See 2:26.

72:24.

Important Words:

اجدر (most apt) is derived from جدر which means, he or it was adapted, apt, suited, competent or worthy. They say جدرہ i.e. he made it or him adapted, apt, competent or worthy. One would say ما اجدرہ بالخیر i.e. how fit or suitable or adapted is he for what is good (Lane & Aqrab).

33:36.

3:105,111,115; 7:158; 9:71; 31:18.

Important Words:

سائحون (who go about in the land serving Him) is the plural of سائح which is the active participle from ساح which means, it flowed. They say ساح الماء علی وجه الارض i.e. the water flowed or ran freely on the surface of the earth. ساح فی الارض means, he went or journeyed through the land for the purpose of devoting himself to the service of religion, etc. سائح means, one who journeys through or goes about the land as a devotee or otherwise; one who goes forth or journeys through the land to war against disbelievers or to seek knowledge; one who fasts much and keeps to the mosques (Lane).

Commentary:

The present verse, which is a continuation of the previous one, shows that it is the Companions of the Holy Prophet and those who follow them righteously that are meant here.

The noble qualities of believers, as mentioned in the verse under comment, have been put in order of merit. The first stage of spiritual development is that of توبة i.e. repentance of one’s sins. The second stage is that of عبادة i.e. Divine worship, which implies that after having repented of his sins, a Muslim becomes resigned to the Will of God. The third stage is that of حمد i.e. glorifying God, which means that a Muslim is not only resigned to the will of God, but he praises and glorifies Him even in adversity.

The fourth stage pertains to the attribute of سائح which means that in this stage a believer forsakes his home for the sake of God and devotes his whole attention to Him. The fifth spiritual stage which a Muslim attains is that of راکع which signifies that he begins to serve God with all his soul and body, every part of his body being dedicated to His service. See also note on 2:44. In the sixth stage the believer becomes a ساجد (one who falls prostrate before God) which symbolizes the highest stage of nearness to God, when a believer not only severs, as it were, his connection with the world, but also loses his ownself, and throws himself on the earth, mixing with the dust. The Holy Prophet is reported to have said that in the attitude of prostration a believer is in a position of extreme nearness to God.

When a true believer has reached the stage of ساجد i.e. close nearness to God, his next duty is to bring the straying sheep into the fold of the Master. So now he becomes God’s preacher, enjoining what is good and forbidding what is evil. This is the seventh stage to which a true Muslim can and should rise. The next, and in a way the final, stage is that of God’s Khalifah, i.e. Divine Reformer, which is referred to in the words, "Who watch the limits set by God," i.e. those who are, as it were, the guardians of the Law of God. The expression الحافظون لحدود اللّٰه may also mean, those who strictly observe the ordinances of God.

Commentary:

The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with. The expression لتؤمنوا باللّٰه و رسوله means, you may learn to obey the commandments of Allah and his Messenger.

2:232-233.

2:230.

Commentary:

This is one of those verses of the Quran in which the address made to the Holy Prophet, is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.

The procedure of divorce given in this Surah is as follows:

The first pronouncement of divorce should be in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘iddah (the period of waiting) which extends over three courses.

The words "it may be that thereafter Allah will bring about something new to pass," signify that the above-mentioned procedure is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.