حِلّ

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).

48:26.

Commentary:

From this verse begin commandments relating to حج or the Pilgrimage. The Pilgrimage is performed in the following manner: The would-be pilgrim enters into a state of احرام (Ihram) on reaching the میقات i.e. certain prescribed places slightly varying in distance in different directions, but in all cases outside حرم (the Sacred Territory). In the state of احرامthe pilgrim is forbidden sexual intercourse, the use of scent or perfumed oil, the wearing of sewn garments, hunting and the like. The male pilgrim discards ordinary clothes, putting on white unsewn sheets and keeping the head uncovered. The female pilgrim may put on ordinary but simple clothes and should ordinarily keep her face uncovered. The pilgrim (male or female) is required to repeat the following words as often as possible: Labbaik, Allahumma labbaik, Labbaik. La sharika laka labbaik. Innal-hamda wanni‘mata laka wal mulka la sharika laka…” i.e. "My Lord! I am at Thy service. There is no equal or partner with Thee. So I am at Thy service alone. All praise belongs to Thee and all blessings are from Thee and all authority rests in Thee. I say again, there is no equal or partner with Thee. So I am at Thy service alone."

At Mecca the first thing the pilgrim does, preferably after having a bath, is to perform seven circuits round the Ka’bah then he briskly walks or runs between the Safa and the Marwah (see 2:159) seven times. On the eighth day of Dhul-Hijjah (the month of Pilgrimage) he goes in the morning from Mecca to Mina, which is about three miles from Mecca, where he halts to perform, at their appointed time, the five daily Prayers, beginning from the midday Prayer. Next morning (i.e. the 9th) he starts from Mina and passing through, or by, Mash‘arul-Haram, which is about six miles from Mecca, he goes on to the great plain at ‘Arafat, three miles further ahead, where, before he actually enters ‘Arafat, he says the midday and the afternoon Prayers together; and when all the pilgrims have entered ‘Arafat, the Imam delivers a sermon, while the pilgrims do nothing but silently pray and stand still. Thereafter the pilgrim returns after sunset to Muzdalifah or Mash‘ar where he says the evening and the night Prayers together and spends most of his time in prayer and meditation. Next day (i.e. the 10th) after offering his morning Prayer at Mash‘arul-Haram he starts back early for Mina, where he casts pebbles (seven in number) at the three appointed pillars beginning with the Jamratul-‘Aqabah, repeating this each day that he stays at Mina. The same day, i.e. the 10th, the pilgrim offers his sacrifice (goat, sheep, ram, cow, camel, etc.), gets his head shaved, takes a bath and puts on his ordinary clothes. Thereafter he proceeds to Mecca and again performs the circuit of the Ka‘bah seven times and then returns to Mina if he should so desire. The stay at Mina may last from part of a day to three or four days known as ایام معدودات (i.e. the numbered days) with which the Hajj is completed. All this time the pilgrim should repeat, as many times as possible, the above mentioned prayer.

عمرة or the Lesser Pilgrimage consists in entering into a state of احرام (Ihram) in the way described above, circuiting the Ka‘bah seven times, running between the Safa and the Marwah and offering a sacrifice which, however, is not obligatory. ‘Umrah may be performed at any time of the year, whereas the Hajj or the Greater Pilgrimage is performed only during the month of Dhul-Hijjah. For the literal meanings of the words Hajj and ‘Umrah see note on 2:159.

The words, If you are kept back, refer to a state of affairs when a would-be pilgrim is prevented by disease, or a state of war, or some other cause, from visiting the Ka‘bah to perform the Hajj or the ‘Umrah. In this case the pilgrim may refrain from proceeding further and should sacrifice whatever offering is easily available, i.e. a goat, a sheep, a cow, or a camel, etc. But he should not shave his head until the offering reaches its destination, the idea being to remain in the state of Ihram until the offering reaches Mina which is the place meant for it. If, however, the offering cannot be sent to Mecca, it may be sacrificed by the pilgrim at the place where he is detained and the meat either consumed by the pilgrim himself or distributed among friends, relatives, neighbours, etc. It will be noted that the offering of a sacrifice is obligatory only when a would-be pilgrim is prevented from completing his Hajj or ‘Umrah. In ordinary circumstances when a person performs a Hajj or an ‘Umrah separately, it is only supererogatory, becoming obligatory only when the Hajj and the ‘Umrah are combined.

The clause, should make an expiation either by fasting or almsgiving or a sacrifice, relates to such people as cannot shave their heads owing to some ailment. The alternatives mentioned are meant to suit different grades of people. Fasting is meant for the poor; feeding the needy for the pilgrims of the middle class; and the offering of a sacrifice for the rich. The Quran does not fix the number of days for which one is to fast, or the number of the poor whom one is to feed or the kind of animal which one is to sacrifice. The Holy Prophet is reported to have once prescribed fasting for three days (i.e. three one-day fasts), and the feeding of six poor men and the offering of a goat as a sacrifice (Bukhari).

The words, when you are safe, mean, when the war is over, or when other obstacles are removed. In such case it is open to a person to proceed to Mecca with the intention of performing ‘Umrah and then stay on to perform Hajj in the ensuing month of Dhul-Hijjah. This is what is referred to in the words: who would avail himself of ‘Umrah together with the Hajj.

‘Umrah and Hajj may be combined in two ways: One way is for the would-be pilgrim to make up his mind to perform the ‘Umrah only and enter into the state of Ihram with that intention, and then perform its rites and finish it. After that on the eighth day of Dhul-Hijjah one should again enter into the state of Ihram and then perform the prescribed rites of Hajj. This form of combining the ‘Umrah and the Hajj is technically called Tamattu‘ which literally means, "availing oneself of a thing".

The second way is that a man should make up his mind to perform the ‘Umrah and Hajj simultaneously. He should, in this case, enter into the state of Ihram with that intention and should remain in that state till the end of the Pilgrimage. This combination of Hajj and ‘Umrah is called قران (Qiran) which literally means, "the putting together of two things". In both Tamattu‘ and Qiran it is obligatory to offer the sacrifice, while in the case of Hajj alone or in the case of ‘Umrah alone, the offering of the sacrifice is not obligatory. In the verse under comment the word تمتع is not used in the technical sense and covers قران also.

The fasting mentioned in the clause, should fast three days during the Pilgrimage, is distinct and separate from the fasting mentioned above. The first-mentioned fasting was meant for those who cannot shave their heads, while this fasting is meant for those who are unable to offer a sacrifice in case of Tamattu‘. The three days spoken of are preferably the 11th, 12th and 13th of Dhul-Hijjah. The remaining seven fasts may be observed after one has returned home.

The clause, this is for him whose family does not reside near the Sacred Mosque, means that the permission to combine Hajj with ‘Umrah is meant not for the residents of Mecca but for those who come from outside. By some, however, the words "the Sacred Mosque" have been extended to include the whole of حرم i.e. the Sacred Territory in and around Mecca.

The final clause, fear Allah and know that Allah is severe in punishing, has a twofold meaning: (1) That Muslims should not think that these are mere minor details of certain outward rites and may therefore not be strictly observed; for all these things which the All-Knowing God has prescribed for the Faithful are necessary in His sight and are meant for their own good. So, whoever neglects these details not only incurs the displeasure of God, but also hinders his own spiritual progress. (2) That the performance of Hajj should not fill the heart with pride (which unfortunately is very often the case nowadays), for this would defeat the very object of Pilgrimage which is the attainment of تقوی or fear of God. In such case, the so-called pilgrim will not find himself nearer God but rather would see His punishment descending on him.

In connection with this verse, it should also be noted that besides giving a general meaning as stated above, it also refers to a specific incident in Islamic history, i.e. the Truce of Hudaibiyyah. The verse was revealed before that truce and hinted that a time was coming when Muslims would start towards Mecca with the intention of performing Pilgrimage, but they would be "kept back" from doing so by disbelievers. Later, however, God would grant them victory over the disbelievers and they would be "safe" to perform the Pilgrimage in peace. What a true picture of the apparent set-back at Hudaibiyyah and the subsequent Fall of Mecca at the hands of the Holy Prophet!

2:235; 65:5.

4:35.

Important Words:

قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).

ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).

بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).

المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.

درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).

Commentary:

In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.

The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.

The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.

A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء

the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.

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.

5:47; 61:7.

Commentary:

Jesus came in fulfilment of the prophecies of the previous Prophets contained in the Torah. But he brought no new Law, being a follower of Moses in this respect. He himself was conscious of this limitation of his authority. Says he: "Think not that I am come to destroy the law or the prophets: I am not come to destroy, but to fulfil. For verily I say unto you, till heaven and earth pass away, one jot or one tittle shall in no wise pass away from the law, till all be fulfilled" (Matt. 5:17, 18). The expression, to allow you some of that which was forbidden to you, does not, therefore, refer to any change or modification in the Mosaic Law. The reference is only to those things which the Jews had themselves rendered unlawful for themselves. Elsewhere the Quran says, So because of the transgression of the Jews, We forbade them pure things which had been allowed to them (4:161). Again, Truly I am come to you with wisdom and to make clear to you some of that about which you differ (43:64). These verses show that there were differences among the various sects of the Jews regarding the lawfulness or otherwise of certain things and that by their iniquities and transgressions they had deprived themselves of certain divine blessings. Jesus thus came as a judge to decide in what matters the Jews had deviated from the right path and to tell them that the blessings of which they had been deprived would be restored to them, if they followed him.

Among Islamic sources the following well-known commentaries support our interpretation of the verse:" Jesus did not abrogate any portion of the Torah; he simply made lawful to the Jews those things about which they used to disagree among themselves through error" (Kathir, under present verse). Again, "The words, that which was forbidden to you, refer to those things which the learned men after Moses had declared to be unlawful, giving the innovation the force of Law; Jesus restored the true commandments of the Torah, as they had been revealed by God" (Muhit). Yet again, "Jesus followed the Law of Moses. He used to observe the Sabbath, and turn his face to the Temple and he used to say to the Jews, I do not teach you even a single word which is not in accord with the Law of Moses; I only remove from you the burden laid on you as a result of the innovations you made after Moses" (Fath).

Important Words:

کل (all) is a very common Arabic word used to express two senses: (1) all members of a group; (2) all parts of an individual thing. The word may generally be rendered as, all; whole; each; every one, etc. It is also sometimes used in the sense of "the majority of", and rarely even in the sense of "some" or "part of" (Aqrab & Taj)

Commentary:

The preceding verses emphasize the importance of complete submission to the will of God. The highest good cannot be attained without the sacrifice of most beloved things, including personal and national sentiments. The present verse cites an apt illustration. Whereas God had allowed "all food" to the Jews, the Israelites forbade themselves parts thereof on the ground that Jacob, for personal and medical considerations, abstained from partaking of them. But as the word Israel, primarily the name of Jacob, is also used about his children and descendants and has been so used in the Bible, it may also be taken in this sense in the second clause of the present verse.

By saying, All food was lawful to the Children of Israel, the Quran also refutes an objection of the People of the Book, which served as an obstacle in the way of their accepting Islam. There were certain kinds of food which the Jews abstained from eating but which were allowed by Islam. One such thing was the sciatic nerve, to which reference is made in Gen. 32:32. Jacob suffered from sciatica, and, therefore, for medical reasons he forbade himself the use of the sciatic nerve as food. This was a personal matter but the Children of Israel followed his example blindly and made it a rule of conduct to abstain from the eating of the sinew. It was not forbidden by Law, the abstention being purely voluntary.

Moreover, the incident which led to the abandonment of the sciatic nerve as food by Israel and later by the Israelites took place long before the Torah was revealed. The Torah itself does not forbid it but merely mentions it as a practice of the Jews who had, therefore, no right to object to its use by the Muslims. The objection, if valid, also held good against Abraham and many other Prophets. Besides, there are some foods which were used by Abraham and his descendants but were later forbidden by the Torah. The camel is an instance of this kind. Hence, the verse purports to say that if certain foods used by the patriarchs are allowed to other peoples, the Jews have no right to object.

It may be pointed out here that there is a difference of meaning between کل طعام (kullu-ta‘amin) and کل الطعام (kullut-ta‘ami) as used in the present verse. The former means, every kind of food, while the latter means, all food, i.e. the whole food. It appears that the Jews objected that the Muslims ate the whole meat, not excepting even the nerve.

See 4:16.

2:217.

Commentary:

Men become heirs of women against their will in various ways: (1) A man does not like his wife and does not treat her well, yet he does not divorce her, hoping to possess her property after her death; (2) He treats his wife harshly and compels her by ill-treatment to obtain separation (khula‘) from him by giving him a part or whole of her property, or by surrendering her dowry; (3) The relations of the deceased husband of a widow prevent her from marrying another husband in order to get possession of her property after her death; (4) They force her to marry someone from among themselves against her will, treating her virtually as a part of the property left by her dead husband; (5) The husband takes by force the property of his wife, as if it were his by legal right; (6) The relatives of the deceased husband take away by force the property of his widow, depriving her of her right of inheritance.

The deceased person’s relatives cannot prevent his widow from contracting a new marriage so that they may get hold of her property; but they can prevent her from doing so, if she intends to marry a person of manifestly objectionable character.

If the address is to the husbands, the verse would mean that if the wives do not want to live with their husbands and seek separation from them, which they can do by means of khula‘, the husbands should not prevent them from doing so out of greed for their money. But they can do so, if the wives are going to be guilty of a manifestly foul act.

The words, consort with them in kindness, embody the pith of the Islamic teachings about the treatment of wives. They are not to be treated in a dry, businesslike way, but with love and kindness. The Holy Prophet is reported to have said: خیر کم خیر کم لاھله i.e. "the best among you is he who is best in his treatment of his wife" (Tirmidhi). But as a one-sided affair can never be truly successful, the Quran uses the expression عاشروھن (consort with them), which, being of the measure مفاعلةdenotes reciprocity. So husbands and wives are both enjoined to live amicably with each other and reciprocate each other’s love and kindness.

A woman cannot adequately appreciate and acknowledge the great debt she owes to the Quran. No other Scripture has given to her the high status that the Quran gives her. It not only lays down her inalienable rights but also exhorts men to overlook the weaknesses and shortcomings of their wives, and treat them with kindness and benevolence even if they do not like them. The memorable words of the Holy Prophet quoted above, i.e. "The best of you is he who is best in his treatment of his wife" (Tirmidhi), are only an echo of the noble teachings of the Quran with regard to women.

4:26; 5:6.

4:5; 60:11.

Important Words:

المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).

مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).

اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.

استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.

ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.

Commentary:

The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.

It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.

The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."

According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.

Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).

On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.

6:147.

Commentary:

The expression, We forbade them pure things which had been allowed to them, refers to the blessings and favours of God of which the Jews had become deprived by reason of their transgressions. The verse does not refer to any material thing which was forbidden to them after being allowed before, because no Law-giving Prophet appeared among the Israelites after Moses to forbid them things that had been allowed to them by the Torah. It was also to the spiritual blessings which the Jews had lost that Jesus referred when he said, (I come) to allow you some of that which had been forbidden to you (3:51), i.e. I come to restore to you some of the divine blessings of which you have been deprived on account of your misdeeds.