ROOT ن ك ح

237

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.

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.

489

Commentary:

Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.

The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.

But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.

The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.

The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.

505

Important Words:

طولا (to afford) is noun from طال i.e. he or it was or became long, tall or high. طول means, bounty or gift; ampleness of means; excellence; excess or increase; power or ability; wealth or competence. It may also mean, dowry or expenses of marriage (Lane, Aqrab & Mufradat).

اخدان (secret paramours) is the plural of خدن. They say خادنه i.e. he was or became his friend or companion; or he was or became his secret or private friend. اخدان means friends or secret friends; amorous companions or associates; companions or associates affected with sensual appetency (Lane & Mufradat).

العنت (sins) is the noun-infinitive from عنت i.e. he fell into a difficulty; or he committed a sin or a crime or an act of disobedience; or he committed fornication or adultery. عنت therefore, means, severe difficulty or hardship; a state of perdition; a corrupt or evil state or conduct; a sin or crime, or an act of disobedience deserving punishment; a wrong action (intentional or unintentional); fornication or adultery (Lane & Aqrab). See also 3:119, 2:221.

Commentary:

As God attaches great value to the faith of a Muslim, He does not like it to become impaired by his marrying disbelieving women. Hence the condition that even the bondwoman a Muslim may marry should be a believer.

The words, you are all one from another, are meant to raise believing bondwomen in the estimation of Muslims, who are hereby required not to despise them or treat them with contempt on account of their so-called lower status.

The words, half the punishment, mean 50 stripes, the punishment for (unmarried) free women being 100 stripes. See also 24:3. The word half shows that the verse refers to a punishment which can be halved, and not to stoning to death, which was inflicted on married free women. The punishment definitely prescribed in the Quran (24:3) for a fornicator and a fornicatress is only a hundred stripes, but as the Holy Prophet differentiated between married and unmarried persons, inflicting on the former the punishment of stoning to death, the aforesaid verse has been taken as only applying to unmarried persons.

The expression, this is for him among you who fears lest he should commit sin, shows that Muslims are enjoined to avoid, as far as possible, contracting conjugal relations with bond women taken prisoner from belligerent disbelievers. This is to be done only if, on the one hand, one is not able to marry a free woman and, on the other, by remaining unmarried, one fears to fall into sin. The Muslim Empire of Baghdad fell to pieces because the khalifahs took to contracting conjugal relations with bondwomen. The incompetent princes born of them ruined the State. In most cases, marital relations with bondwomen are calculated to have a demoralizing effect on both husbands and children.

593

Important Words:

یستفتونك (they seek of thee the decision of the Law) and یفتیکم (gives you His decision) are both derived from فتو or فتی i.e.he was or became youthful, or he was in the prime of life. فتا الرجل means, he surpassed the man in فتوة i.e. in generosity. افتاه فی الامر means, he made known or explained to him the decision of the Shari‘ah respecting the matter; or he gave him an answer stating the decision of the Law respecting a question. استفتیت الفقیه فی الامر means, I asked or sought of the jurist or the lawyer or the learned man the decision of the Shari‘ah respecting the matter. فتوی therefore means, an explanation or notification or pronouncement of the decision of the Law in some dubious or difficult matter given by a jurist or a lawyer or a man learned in religious Law. استفتاء means, asking or seeking of a jurist or a lawyer or a learned man the decision of the Law (Shari‘ah) in a certain dubious or difficult matter (Lane & Aqrab). The expression إفتا rendered in the verse as gives you the decision, is also sometimes used in the sense of permitting or giving permission, as in the well-known hadith الاثم ماحك فی صدرك وان افتاك الناس i.e. a sin is that which pricks in thy mind even if people should say that it is permissible (Lisan). In this case the Quranic clause الله یفتیکم rendered as, Allah gives you His decision, may also be translated as "Allah gives you permission".

Commentary:

The verse which has been differently translated is considered to be a rather difficult one. The decision spoken of in the clause, Allah gives you His decision, refers to what follows in the succeeding verses, i.e. 4:129-131.

The allusion in the words, that which is recited to you in the Book, is to verse 4:4 in the beginning of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately discharge. ‘Umar, the Holy Prophet’s Second Successor, would not allow the guardians of wealthy and handsome orphan girls to marry them but would insist on better husbands being found for them. On the other hand, if they were not so wealthy or handsome, he recommended them to their guardians for marriage so that, being acquainted with their defects and weaknesses, they might overlook their shortcomings and deal kindly with them. For further instructions about good treatment of orphans; see 4: 6, 7.

Generally speaking the clause, Allah gives you His decision regarding them (women) and so does that which is recited to you in the Book concerning the orphan girls, means that some instructions about women have already been given in the Quran and other instructions follow.

2593

Important Words:

لا ینکح cannot have sexual intercourse. نکح المرأة means, he married the woman; he had sexual relations with her. نکحت المرأة means, the woman married so she had a husband. نکاح signifies the (i) marriage without coitus; (ii) coitus with marriage; (iii) coitus without marriage. نکح المطر الارض means, the rain mixed with the sub-soil of the earth. نکح النعاس عینه means, slumber overcame his eyes (Lane & Aqrab).

The words الزانی لا ینکح الا زانیة may have all or one of the following interpretations: (i) a man given to adultery shall not marry but a woman given to the same evil practice. That is to say a wicked man who is not ashamed of freely indulging in adultery and has not repented of his evil ways, can never prevail upon a chaste believing woman to marry him. Only a wicked woman of low moral character like him or an idolatress whose standard of morality like him is very low can be persuaded to marry him.

(ii) An adulterer can have sexual relations only with a woman given to adultery. It is impossible for a chaste and believing woman to stoop so low as to yield to the wicked advances of an adulterer. Such a wicked man can only get an adulteress to pander to his carnal passions. An adulteress and idolatress have been bracketed together because of the very low standard of sexual morality obtaining among idol worshippers because they have no revealed Law to guide them.

(iii) The adulterer (or fornicator) cannot have sexual relations but with an adulteress (or fornicatoress). This meaning is supported by a saying of the Holy Prophet. He is reported to have said لا یزنی زان و ھو مؤمن i.e. a believer does not commit adultery while he remains a Muslim.

The hadith signifies that no true believing man or woman can commit adultery. It is only disbelievers or idolaters who can light-heartedly commit such heinous crimes.

The words حرم ذالک علی المؤمنین may signify that (i) marriage between a true believer and an adulteress or idolatrous woman and vice versa is forbidden; (ii) the committing of adultery is forbidden to the believers, the pronoun ذالك (that) in this case standing for adultery.

Islam regards adultery as one of the most heinous of all social crimes and looks upon sexual chastity of a man or woman as one of his or her most precious possessions. As the present Surah deals with the subject of establishment of the dominion and kingdom of Islam, it fittingly opens with condemnation of the most deadly of all social crimes which if not checked and suppressed in due time is calculated to bring about total disintegration and destruction of the Muslim community. The Quran seeks to close all those avenues through which this disease finds its way among a people and severely punishes the act of adultery and condemns the guilty parties as social pariahs. While the preceding verse has laid down the punishment which the Quran metes out to adulterers, the verse under comment stigmatizes adulterers and adulteresses as social lepers with whom all social relationship should be avoided. The verse, however, should not be understood to mean that the Quran bars, for all time, to such persons the entrance to respectable Muslim society. It does leave the door of repentance always open. The verse speaks only of persons who are lost to all sense of shame and who habitually indulge in this fell vice and show no sign of repenting of their evil ways.

2615

Important Words:

أیامٰی (widows) is the plural of أیم (ayyimun) which is derived from آم which means, he had no wife or he lost his wife by her death and he did not marry. They say آمت من زوجھا i.e. she became bereft of her husband by his death or by being slain and remained without marrying. آمت also means, she had no husband, said of a virgin and of one who is not a virgin. أیم(ayyimun) means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman, (Lane & Aqrab) also a man having no wife Mufradat).

Commentary:

As mentioned above, this Surah deals with some of those very heinous moral evils which if ignored and neglected are calculated to eat into the vitals of the society and shake its very foundations. One of these evils is adultery. In the preceding verses the Surah has dealt with some of the causes that lead to the birth, growth and prevalence of this fell moral disease. Two of these causes are scandal-mongering and free and indiscriminate intermingling of the sexes and the third is that some women—widows or virgins, come to conceive a strong dislike for leading a married life, or their guardians, in order to further their own nefarious ends, stand in the way of their marriage. In the verse under comment the Quran has strongly urged the marriage of widows and virgins, the word أیامی covers both of them. In fact, Islam views with extreme disfavour the unmarried state. It regards the married state as the normal state. The Holy Prophet is reported to have said: النکاح من سنتی و من رغب عن سنتی فلیس منی i.e. "marriage is my 'sunnat' (usage or practice) and whoso disapproves and forsakes my sunnat, is not of me" (Muslim, Kitabun-Nikah).

Preponderance of unmarried women in a society is sure to tell adversely on its whole moral tone. The refusal on the part of unmarried women to accept the responsibilities of married life has led to the prevalence of moral laxity to which the west seems to have fallen a helpless victim. The verse strongly discourages unmarried life and does not recognize poverty as a bar to marriage.

2616

Important Words:

کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).

تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.

The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.

Commentary:

We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.

These injunctions were of two categories:

(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.

(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.

The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.

The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.

2635

Important Words:

قواعد (elderly women) is the plural of قاعد and قاعدة, and قاعد is active participle from قعد which means, he sat. They say قعدت عن الولد او الحیض i.e. she ceased to bear children or to have the menstrual discharge. قعدت الامرأة means, the woman lost her husband. قاعد means, a woman who has ceased to bear children or to have the menstrual discharge or to have a husband; an old woman, advanced in years. امرأة قاعد is like امرأة حامل i.e. a pregnant woman (Mufradat, Aqrab & Lane).

Commentary:

The verse shows that even old women are not allowed to display their finery or ornaments and the beauty of their person and form or countenance to strangers. In the expression ان یضعن ثیابھن the particle ان is مصدریة and the meaning, is their laying aside their clothing.

2894A

Commentary:

The construction of the verse does not seem to lend countenance to the conclusion generally considered derivable from it, viz. that Shu‘aib or Jethro agreed to marry one of his daughters to Moses in lieu of eight or ten years of service. The fact of the matter appears to be that Shu‘aib having grown very old needed an honest man to look after his flocks and Moses having been found as possessing the required qualifications was taken in service by him at the instance of one of his daughters. Eight or ten years were agreed upon as the tenure of service. Shu‘aib, however, being a holy man either himself realized or was informed by God that a great future lay before Moses. He, therefore, offered to marry one of his daughters to him and, desiring that his son-in-law should live with him for some time and benefit by his noble company, laid it down as one of the conditions of marriage that Moses should stay with him for eight or ten years. Thus it is not correct to say that Shu‘aib offered to marry his daughter to Moses in lieu of the latter serving him for eight or ten years. Whatever remuneration Moses might have received from Shu‘aib had nothing to do with the marriage proposal.

The flight of Moses from Egypt and his stay in Midian for ten years bears a striking resemblance to the residence of the Holy Prophet for ten years in Medina after his Hijrah from Mecca. Moses must have, in a large measure, benefited himself spiritually by his God-fearing and righteous father-in-law’s company just as his upbringing in the house of Pharaoh had equipped him with temporal knowledge. But the noble Prophet of Islam was indebted to no human being for the great treasures of spiritual and temporal knowledge possessed by him. He had received them direct from God.

The expression من عندک means, 'It would be an additional favour from you.'