لَہُنَّ
Appears 10 times in Quran
Occurrences in Quran
Found 10 verses containing "لَہُنَّ".
وَالۡمُطَلَّقٰتُ یَتَرَبَّصۡنَ بِاَنۡفُسِہِنَّ ثَلٰثَۃَ قُرُوۡٓءٍ ۚ وَلَا یَحِلُّ لَہُنَّ اَنۡ یَّکۡتُمۡنَ مَا خَلَقَ اللّٰہُ فِیۡۤ اَرۡحَامِہِنَّ اِنۡ کُنَّ یُؤۡمِنَّ بِاللّٰہِ وَالۡیَوۡمِ الۡاٰخِرِ ۚ وَبُعُوۡلَتُہُنَّ اَحَقُّ بِرَدِّہِنَّ فِیۡ ذٰلِکَ اِنۡ اَرَادُوۡۤا اِصۡلٰحًا ۚ وَلَہُنَّ مِثۡلُ الَّذِیۡ عَلَیۡہِنَّ بِالۡمَعۡرُوۡفِ ۚ وَلِلرِّجَالِ عَلَیۡہِنَّ دَرَجَۃٌ ۗ وَاللّٰہُ عَزِیۡزٌ حَکِیۡمٌ
4:35.
2:235; 65:5.
قُرُؤ (Quru’) 是 قُرْء (Qur’) 或 قَرْء (Qar’) 的复数, 意思是:一次; 月经; 月经前后的那段时间即洁净状态, 也就是说, 两次月经之间的那段时间; 一次月经的终止; 月经与沽净状态算在一起的那段时间, 即整个月份; 一个女人离开她洁净状态进入经期的时间或状态 {مُحِيْط (Muhit) 和 مُفْرَدَات (Mufradat)}。穆圣的同伴阿布•白克尔 (اَبُوْبَكر, Abu Bakr)、欧麦尔 (عُمَرْ, ‘Umar)、法理学教长阿布•哈尼法 (اَبُوْحَنِيْفَة, Abu Hanifa) 和阿哈默德•彬•汉巴尔 (اَحْمَدْ بِنْ حَنْبَلْ, Ahmad bin Hanbal) 认为 قُرْء 意指月经而不指洁净时期。与此相反, 穆圣另两位同伴阿依莎 (عَائِشَة, ‘A’ishah) 和伊本•欧麦尔 (اِبْنِ عُمَرْ, Ibn-e-‘Umar) 以及法理学教长马利克 (مٰلِكْ, Malik) 和沙斐伊 (شَافِعِیْ Shafi‘iy) 却持相反的看法 (مُحِيْط)。既然是见仁见智, 可以让一个穆斯林自己去采取两种看法中的任何一种。但是对有关争论的集体调查 (这里不必细说) 使人得到一个结论: 两种看法中第一种看来更近乎情理。虽然如此, 如果 (一个人) 要想稳当一些的话, 可以 (由他) 采用 قُرْء (Qur’), 的词义为月经洁净状态算在一起的那段时期, 即整个月份。
由於离婚是安拉在所有合法事情中最不愿意见到的事情 (دَاؤد), 它受到许多限制: (a) 丈夫只能在妻子洁净即月经洁净的状态时而且他在她洁净的时期与她无性关系时才能离婚。(b) 宣布离婚以后, 妻子必须等候三次月经即大约三个月的时间, 这段时间称为 عِدَّة (‘Iddat) 即等候时期。这是因为给丈夫充份的时间来考虑与他的这一行动有牵连的所有事情;假如他心中仍有一丝潜藏在那里的火花的话,他还可爱她;可以使他有再次决定的机会。(c) 离了婚的妇女如果已受孕不必对丈夫隐瞒, 因为可以认为将要出生的孩子有助于两口子重归和好。(d) 完全而不可撤回的分离, 可以有三次离婚。在第一和第二次宣布离婚后, 以及在等候时期到期前, 丈夫享有带回妻子的特权, 如果他想这样做的话。即使在等候时期结束后, 在第一和第二次离婚的情况下, 两口子仍能团圆, 只要重新结婚就可以了。
就个人权利而言, 夫妻是平等的。可是, 像4:35节经文指出的那样, 男人在体力方面条件较好, 又负有供养家庭的经济上的责任, 因此有管理权利。
حضرت ابوبکرؓ‘‘ عمرؓ‘‘ عثمانؓ‘‘ علیؓ اور ابن مسعودؓ اور امام ابوحنیفہؒ نے قُرْئٌ کے معنے حیض کے لئے ہیں اور زید بن ثابتؓ‘ حضرت عائشہؓ اور ابن عمرؓ اور مالکؒ اور شافعیؒ نے طُہر کے معنے کیے ہیں (محیط)
بِالْمَعْرُوْفِ کا ترجمہ یہاں ’’مطابق دستور‘‘ کیا گیا ہے۔ بعض جگہ انہی الفاظ کا ترجمہ ’’مناسب حال‘‘ یا مناسب طور پر کیا گیا ہے۔ یہ فرق اردو میں مضمون کی وضاحت کی خاطر ہے۔ ہاں یہ یادرکھنا چاہیے کہ ’’مطابق دستور‘‘ میں دستور کا جو لفظ ہے اس کے اصل معنے تو قانون اور رواج کے ہیں۔ لیکن اردو میں کبھی یہ دستور کا لفظ Common Sense یعنی عقل عامہ کے معنوں میں بھی استعمال ہوتا ہے اور مراد یہ ہوتی ہے کہ شرفا اور عقلا کا یہی طریق ہے۔ جس کے معنے دوسرے لفظوں میں یہ ہوتے ہیں کہ عقل کا تقاضا یہی ہے۔ اس جگہ بِالۡمَعۡرُوۡفِ کے چونکہ یہی معنے ہیں اس لئے ’’مطابق دستور‘‘ کے ا
اس جگہ واؤ ہے اور واؤ کے معنے عام طور پر ’’اور‘‘ کے ہوتے ہیں‘ لیکن اردو قواعد کے مطابق ’’اور‘‘ کا لفظ اسی وقت استعمال ہو سکتا تھا کہ اس جگہ مردوں کے حقوق کا ذکر ہوتا۔ لیکن جیسا کہ ظاہر ہے اس موقعہ پر عورتوں کے حقوق کا ذکر ہے اس لئے ’’اور‘‘ سے واؤ کا ترجمہ کرنا بالکل مفہوم کو بدل دیتا ہے اور کلام کا زور عورتوں کے حقوق سے ہٹ کر مردوں کے حقوق کی طرف چلا جاتا ہے حالانکہ انداز کلام سے ظاہر ہے کہ عورتوں کو اس امر کی طرف توجہ دلائی جا رہی ہے کہ تمہارے حقوق کی حفاظت ہم نے کر دی ہے اور جس طرح مردوں کو تم پر بعض حق دئے ہیں تم کو بھی ان پر بعض حق دئے ہیں۔ ہاں یہ ضرور ہے کہ بعض
4:35.
2:235; 65:5.
Quru’ is plural of Qur’ or Qar’ which means, a time; menstruation; period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; termination of a menstruation; the period of menstruation and that of purity taken together, i.e. the whole month the time or state when a woman leaves her state of purity and enters that of menstruation (Muhit & Mufradat). Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal among the Imams of Jurisprudence held the view that Qur’ means menstruation and not the period of purity. On the contrary, ‘A’ishah and Ibn-e-‘Umar among the Companions, and Malik and Shafi‘i among the Imams of Jurisprudence held the opposite view (Muhit). Opinions being so balanced, it is 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 o
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: (a) 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. (b) After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called ‘Iddat or the period of waiting. This is because this period gives the husband sufficient time to consider all the implications of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. (c) 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. (d) For complete and irrevocable separation there should be three divorces. After the pronouncement of the first as
As far as personal rights are concerned, the husband and the wife stand on a par, but as pointed out in 4:35 men have a supervisory authority on account of the physical advantage they possess and the financial responsibility that they carry for providing for the household.
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.
a
4:35.
c
2:235; 65:5.
167
قُرُؤ (Quru’) 是 قُرْء (Qur’) 或 قَرْء (Qar’) 的复数, 意思是:一次; 月经; 月经前后的那段时间即洁净状态, 也就是说, 两次月经之间的那段时间; 一次月经的终止; 月经与沽净状态算在一起的那段时间, 即整个月份; 一个女人离开她洁净状态进入经期的时间或状态 {مُحِيْط (Muhit) 和 مُفْرَدَات (Mufradat)}。穆圣的同伴阿布•白克尔 (اَبُوْبَكر, Abu Bakr)、欧麦尔 (عُمَرْ, ‘Umar)、法理学教长阿布•哈尼法 (اَبُوْحَنِيْفَة, Abu Hanifa) 和阿哈默德•彬•汉巴尔 (اَحْمَدْ بِنْ حَنْبَلْ, Ahmad bin Hanbal) 认为 قُرْء 意指月经而不指洁净时期。与此相反, 穆圣另两位同伴阿依莎 (عَائِشَة, ‘A’ishah) 和伊本•欧麦尔 (اِبْنِ عُمَرْ, Ibn-e-‘Umar) 以及法理学教长马利克 (مٰلِكْ, Malik) 和沙斐伊 (شَافِعِیْ Shafi‘iy) 却持相反的看法 (مُحِيْط)。既然是见仁见智, 可以让一个穆斯林自己去采取两种看法中的任何一种。但是对有关争论的集体调查 (这里不必细说) 使人得到一个结论: 两种看法中第一种看来更近乎情理。虽然如此, 如果 (一个人) 要想稳当一些的话, 可以 (由他) 采用 قُرْء (Qur’), 的词义为月经洁净状态算在一起的那段时期, 即整个月份。
168
由於离婚是安拉在所有合法事情中最不愿意见到的事情 (دَاؤد), 它受到许多限制: (a) 丈夫只能在妻子洁净即月经洁净的状态时而且他在她洁净的时期与她无性关系时才能离婚。(b) 宣布离婚以后, 妻子必须等候三次月经即大约三个月的时间, 这段时间称为 عِدَّة (‘Iddat) 即等候时期。这是因为给丈夫充份的时间来考虑与他的这一行动有牵连的所有事情;假如他心中仍有一丝潜藏在那里的火花的话,他还可爱她;可以使他有再次决定的机会。(c) 离了婚的妇女如果已受孕不必对丈夫隐瞒, 因为可以认为将要出生的孩子有助于两口子重归和好。(d) 完全而不可撤回的分离, 可以有三次离婚。在第一和第二次宣布离婚后, 以及在等候时期到期前, 丈夫享有带回妻子的特权, 如果他想这样做的话。即使在等候时期结束后, 在第一和第二次离婚的情况下, 两口子仍能团圆, 只要重新结婚就可以了。
169
就个人权利而言, 夫妻是平等的。可是, 像4:35节经文指出的那样, 男人在体力方面条件较好, 又负有供养家庭的经济上的责任, 因此有管理权利。
1
حضرت ابوبکرؓ‘‘ عمرؓ‘‘ عثمانؓ‘‘ علیؓ اور ابن مسعودؓ اور امام ابوحنیفہؒ نے قُرْئٌ کے معنے حیض کے لئے ہیں اور زید بن ثابتؓ‘ حضرت عائشہؓ اور ابن عمرؓ اور مالکؒ اور شافعیؒ نے طُہر کے معنے کیے ہیں (محیط)
2
بِالْمَعْرُوْفِ کا ترجمہ یہاں ’’مطابق دستور‘‘ کیا گیا ہے۔ بعض جگہ انہی الفاظ کا ترجمہ ’’مناسب حال‘‘ یا مناسب طور پر کیا گیا ہے۔ یہ فرق اردو میں مضمون کی وضاحت کی خاطر ہے۔ ہاں یہ یادرکھنا چاہیے کہ ’’مطابق دستور‘‘ میں دستور کا جو لفظ ہے اس کے اصل معنے تو قانون اور رواج کے ہیں۔ لیکن اردو میں کبھی یہ دستور کا لفظ Common Sense یعنی عقل عامہ کے معنوں میں بھی استعمال ہوتا ہے اور مراد یہ ہوتی ہے کہ شرفا اور عقلا کا یہی طریق ہے۔ جس کے معنے دوسرے لفظوں میں یہ ہوتے ہیں کہ عقل کا تقاضا یہی ہے۔ اس جگہ بِالۡمَعۡرُوۡفِ کے چونکہ یہی معنے ہیں اس لئے ’’مطابق دستور‘‘ کے ا
3
اس جگہ واؤ ہے اور واؤ کے معنے عام طور پر ’’اور‘‘ کے ہوتے ہیں‘ لیکن اردو قواعد کے مطابق ’’اور‘‘ کا لفظ اسی وقت استعمال ہو سکتا تھا کہ اس جگہ مردوں کے حقوق کا ذکر ہوتا۔ لیکن جیسا کہ ظاہر ہے اس موقعہ پر عورتوں کے حقوق کا ذکر ہے اس لئے ’’اور‘‘ سے واؤ کا ترجمہ کرنا بالکل مفہوم کو بدل دیتا ہے اور کلام کا زور عورتوں کے حقوق سے ہٹ کر مردوں کے حقوق کی طرف چلا جاتا ہے حالانکہ انداز کلام سے ظاہر ہے کہ عورتوں کو اس امر کی طرف توجہ دلائی جا رہی ہے کہ تمہارے حقوق کی حفاظت ہم نے کر دی ہے اور جس طرح مردوں کو تم پر بعض حق دئے ہیں تم کو بھی ان پر بعض حق دئے ہیں۔ ہاں یہ ضرور ہے کہ بعض
a
2:235; 65:5.
b
4:35.
235
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.
a
4:35.
b
2:235; 65:5.
277
Quru’ is plural of Qur’ or Qar’ which means, a time; menstruation; period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; termination of a menstruation; the period of menstruation and that of purity taken together, i.e. the whole month the time or state when a woman leaves her state of purity and enters that of menstruation (Muhit & Mufradat). Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal among the Imams of Jurisprudence held the view that Qur’ means menstruation and not the period of purity. On the contrary, ‘A’ishah and Ibn-e-‘Umar among the Companions, and Malik and Shafi‘i among the Imams of Jurisprudence held the opposite view (Muhit). Opinions being so balanced, it is 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 o
278
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: (a) 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. (b) After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called ‘Iddat or the period of waiting. This is because this period gives the husband sufficient time to consider all the implications of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. (c) 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. (d) For complete and irrevocable separation there should be three divorces. After the pronouncement of the first as
279
As far as personal rights are concerned, the husband and the wife stand on a par, but as pointed out in 4:35 men have a supervisory authority on account of the physical advantage they possess and the financial responsibility that they carry for providing for the household.
لَّا جُنَاحَ عَلَیۡکُمۡ اِنۡ طَلَّقۡتُمُ النِّسَآءَ مَا لَمۡ تَمَسُّوۡہُنَّ اَوۡ تَفۡرِضُوۡا لَہُنَّ فَرِیۡضَۃً ۚ وَمَتِّعُوۡہُنَّ عَلَی الۡمُوۡسِعِ قَدَرُہٗ وَعَلَی الۡمُقۡتِرِ قَدَرُہٗ مَتٰعًۢا بِالۡمَعۡرُوۡفِ ۖ حَقًّا عَلَی الۡمُحۡسِنِیۡنَ
这是一种例外的情况, 但有时确实会发生。在缔结婚约后, 情况发生了变化, 或发现婚姻难以圆满继续, 或令人不快。这一节和下一节经文对这样的一些情况作出了规定。
بظاہر یہ ایک بیہودہ بات معلوم ہوتی ہے کہ جو شخص چھونے سے پہلے طلاق دے گا وہ نکاح ہی کیوں کرے گا۔ لیکن ایسی مجبوریاں پیش آجاتی ہیں۔ مثلاً نکاح کے معاً بعد ایسے گواہ مل گئے جنہوں نے ایسی گواہیاں دیں جن سے نکاح کی حرمت ثابت ہوگئی یا کم سے کم نکاح کی کراہت پیدا ہوگئی۔ مثلاً ادھوری گواہی ایسی مل گئی کہ یہ عورت خاوند کی رضائی بہن ہے پس گو وہ گواہی ادھوری ہو مگر خاوند کے دل میں کراہت تو پیدا ہو جائے گی اور اس قسم کی گواہیاں اکثر نکاحوں کے بعد مل جاتی ہیں یا خاندان کے بڑے آدمیوں نے جن کو پہلے حالات کا علم نہ تھا فیصلہ دیا کہ ہمارے آپس کے ایسے تعلقات ہیں کہ تم دونوں آپس میں نبھ
بغیر مہر مقرر کرنے کے اسلام نے نکاح ناجائز رکھا ہے لیکن اس جگہ سے پتہ لگتا ہے کہ شاید یہ بھی جائز ہے۔ فقہاء نے اس کے یہ معنے کیے ہیں کہ تعیین روپیہ کی چاہے نہ ہو لیکن یہ ضرور سمجھا جائے گا کہ مہر مقرر ہے اور اس کی تعیین مہر ِبالمثل سے ہوگی یعنی اسی حیثیت کے خاندان کے دوسرے افراد کو دیکھا جائے گا کہ ان کا کیا مہر ہے۔
مَتَاعًا۔ مَتِّعُوْھُنَّ کا مصدر ہے اور یہ تاکید کے لئے آتا ہے جو کبھی تقلیل کے معنے دیتا ہے اور کبھی تکثیر و تکمیل کے۔ کبھی ایسا مصدر صرف غیر معین شے پر دلالت کرنے کے لئے آتا ہے اور کچھ کے معنے دیتا ہے اس جگہ یہی معنے چسپاں ہوتے ہیں۔
اگر اس معاوضہ کے متعلق اختلاف ہو تو قرآن کریم نے اصولی طور پر فرمایا ہے کہ جھگڑے کی صورت میں اُولِی الْاَمْر کی طرف رجوع کرو۔ پس اختلاف کی صورت میں قاضی کے پاس فیصلہ لے جانا چاہیے۔ وہ فیصلہ دے گا کہ خاوندنے اپنی حیثیت کے مطابق عورت کا نقصان پورا کیا ہے یا نہیں۔
This would be an exceptional case. But cases do sometimes happen where after a marriage contract has been completed, circumstances arise or become known which render the consummation and continuation of the marriage difficult or undesirable. This and the next verse make provision for such cases.
Important Words:
متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).
المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).
Commentary:
Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.
183
这是一种例外的情况, 但有时确实会发生。在缔结婚约后, 情况发生了变化, 或发现婚姻难以圆满继续, 或令人不快。这一节和下一节经文对这样的一些情况作出了规定。
1
بظاہر یہ ایک بیہودہ بات معلوم ہوتی ہے کہ جو شخص چھونے سے پہلے طلاق دے گا وہ نکاح ہی کیوں کرے گا۔ لیکن ایسی مجبوریاں پیش آجاتی ہیں۔ مثلاً نکاح کے معاً بعد ایسے گواہ مل گئے جنہوں نے ایسی گواہیاں دیں جن سے نکاح کی حرمت ثابت ہوگئی یا کم سے کم نکاح کی کراہت پیدا ہوگئی۔ مثلاً ادھوری گواہی ایسی مل گئی کہ یہ عورت خاوند کی رضائی بہن ہے پس گو وہ گواہی ادھوری ہو مگر خاوند کے دل میں کراہت تو پیدا ہو جائے گی اور اس قسم کی گواہیاں اکثر نکاحوں کے بعد مل جاتی ہیں یا خاندان کے بڑے آدمیوں نے جن کو پہلے حالات کا علم نہ تھا فیصلہ دیا کہ ہمارے آپس کے ایسے تعلقات ہیں کہ تم دونوں آپس میں نبھ
2
بغیر مہر مقرر کرنے کے اسلام نے نکاح ناجائز رکھا ہے لیکن اس جگہ سے پتہ لگتا ہے کہ شاید یہ بھی جائز ہے۔ فقہاء نے اس کے یہ معنے کیے ہیں کہ تعیین روپیہ کی چاہے نہ ہو لیکن یہ ضرور سمجھا جائے گا کہ مہر مقرر ہے اور اس کی تعیین مہر ِبالمثل سے ہوگی یعنی اسی حیثیت کے خاندان کے دوسرے افراد کو دیکھا جائے گا کہ ان کا کیا مہر ہے۔
3
مَتَاعًا۔ مَتِّعُوْھُنَّ کا مصدر ہے اور یہ تاکید کے لئے آتا ہے جو کبھی تقلیل کے معنے دیتا ہے اور کبھی تکثیر و تکمیل کے۔ کبھی ایسا مصدر صرف غیر معین شے پر دلالت کرنے کے لئے آتا ہے اور کچھ کے معنے دیتا ہے اس جگہ یہی معنے چسپاں ہوتے ہیں۔
4
اگر اس معاوضہ کے متعلق اختلاف ہو تو قرآن کریم نے اصولی طور پر فرمایا ہے کہ جھگڑے کی صورت میں اُولِی الْاَمْر کی طرف رجوع کرو۔ پس اختلاف کی صورت میں قاضی کے پاس فیصلہ لے جانا چاہیے۔ وہ فیصلہ دے گا کہ خاوندنے اپنی حیثیت کے مطابق عورت کا نقصان پورا کیا ہے یا نہیں۔
243
Important Words:
متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).
المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).
Commentary:
Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.
292
This would be an exceptional case. But cases do sometimes happen where after a marriage contract has been completed, circumstances arise or become known which render the consummation and continuation of the marriage difficult or undesirable. This and the next verse make provision for such cases.
وَاِنۡ طَلَّقۡتُمُوۡہُنَّ مِنۡ قَبۡلِ اَنۡ تَمَسُّوۡہُنَّ وَقَدۡ فَرَضۡتُمۡ لَہُنَّ فَرِیۡضَۃً فَنِصۡفُ مَا فَرَضۡتُمۡ اِلَّاۤ اَنۡ یَّعۡفُوۡنَ اَوۡ یَعۡفُوَا الَّذِیۡ بِیَدِہٖ عُقۡدَۃُ النِّکَاحِ ۚ وَاَنۡ تَعۡفُوۡۤا اَقۡرَبُ لِلتَّقۡوٰی ۚ وَلَا تَنۡسَوُا الۡفَضۡلَ بَیۡنَکُمۡ ۚ اِنَّ اللّٰہَ بِمَا تَعۡمَلُوۡنَ بَصِیۡرٌ
如果已定了聘礼但夫妻还没有同过房以前要离婚, 丈夫必须付出聘礼的一半。
“掌握婚约的人” 这几个字, 可以意指丈夫或离婚妇女的监护人, 因为婚后的婚约掌握在丈夫手中, 而婚前掌握在监护人手中。
يَعْفُ (Ya‘fu) 可以意指 “宽免或增加”。妻子 (或她的监护人) 可以给她的全部或部分聘礼, 或者丈夫可以多付些比他应该拿出来的聘礼。不过, 丈夫肯定要多付些聘礼以表示他比较慷慨。
یعنی خاوند یا بعض فقہاء کے نزدیک عورت کا وکیل۔ اِلَّا اَنْ یَّعْفُوْنَ سے یہ مراد ہے کہ یا تو عورتیں طلاق کے وقت اپنا نصف مہر اپنے خاوندوں کو معاف کردیں یا ان کے وکلاء معاف کر دیں۔ اور یَعْفُوَ الَّذِیْ بِیَدِہٖ عُقْدَۃُ النِّـکَاحِ سے اگر خاوند مراد لیا جائے تو آیت کے معنے یہ ہوں گے کہ خاوندنصف مہر کی بجائے پورا مہر دے دے۔ گویا اس جگہ پورا مہر دینے کا نام بھی عفو رکھا گیا ہے جیسا کہ قرآن کریم میں اللہ تعالیٰ فرماتا ہے کہ یَسْئَلُوْنَکَ مَاذَا یُنْفِقُوْنَ۔ قُلِ الْعَفْوَ (بقرۃ آیت۲۲۰) یعنی لوگ تجھ سے یہ پوچھتے ہیں کہ کیا خرچ کریں‘ تو کہہ دے جو تمہار
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry.
The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman holds it.
Ya‘fu may mean, "remits or increases." The wife (or her guardian) may remit the whole or a part of what is due to her, or the husband may pay more than what is due from him. But the husband is certainly desired to make a greater show of generosity.
Important Words:
یعفو (should remit) is derived from عفا meaning: (1) he gave more than what was due; or (2) he relinquished his right or remitted it in whole or in part (Taj). See also 2:220.
Commentary:
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry. The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman also holds it in his hands. In the former case, the word یعفو would mean that the husband should try to give more than half the dowry, or if he has already paid the whole dowry, he should try not to demand its return. If, however, the clause, he in whose hand is the tie of marriage, be considered to apply to the guardian of the divorced woman, the word یعفو would mean that he should try to remit or relinquish her right, i.e. he should, so far as possible, strive to give up, even that which he is entitled to receive on behalf of the divorced woman. But God certainly prefers that the husband should make a greater show of generosity.
This is how each party is exhorted to vie with the other in acting generously toward the other, the husband by paying more than what is obligatory on him, and the wife or her guardian by relinquishing what is due to her. If people truly inculcated such a spirit of sacrifice, the earth would indeed become a heaven.
The expression, And that you should remit is nearer to righteousness, applies to the husband particularly; but it may, in its broader significance, apply to all__husbands, wives and guardians.
184
如果已定了聘礼但夫妻还没有同过房以前要离婚, 丈夫必须付出聘礼的一半。
185
“掌握婚约的人” 这几个字, 可以意指丈夫或离婚妇女的监护人, 因为婚后的婚约掌握在丈夫手中, 而婚前掌握在监护人手中。
186
يَعْفُ (Ya‘fu) 可以意指 “宽免或增加”。妻子 (或她的监护人) 可以给她的全部或部分聘礼, 或者丈夫可以多付些比他应该拿出来的聘礼。不过, 丈夫肯定要多付些聘礼以表示他比较慷慨。
1
یعنی خاوند یا بعض فقہاء کے نزدیک عورت کا وکیل۔ اِلَّا اَنْ یَّعْفُوْنَ سے یہ مراد ہے کہ یا تو عورتیں طلاق کے وقت اپنا نصف مہر اپنے خاوندوں کو معاف کردیں یا ان کے وکلاء معاف کر دیں۔ اور یَعْفُوَ الَّذِیْ بِیَدِہٖ عُقْدَۃُ النِّـکَاحِ سے اگر خاوند مراد لیا جائے تو آیت کے معنے یہ ہوں گے کہ خاوندنصف مہر کی بجائے پورا مہر دے دے۔ گویا اس جگہ پورا مہر دینے کا نام بھی عفو رکھا گیا ہے جیسا کہ قرآن کریم میں اللہ تعالیٰ فرماتا ہے کہ یَسْئَلُوْنَکَ مَاذَا یُنْفِقُوْنَ۔ قُلِ الْعَفْوَ (بقرۃ آیت۲۲۰) یعنی لوگ تجھ سے یہ پوچھتے ہیں کہ کیا خرچ کریں‘ تو کہہ دے جو تمہار
244
Important Words:
یعفو (should remit) is derived from عفا meaning: (1) he gave more than what was due; or (2) he relinquished his right or remitted it in whole or in part (Taj). See also 2:220.
Commentary:
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry. The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman also holds it in his hands. In the former case, the word یعفو would mean that the husband should try to give more than half the dowry, or if he has already paid the whole dowry, he should try not to demand its return. If, however, the clause, he in whose hand is the tie of marriage, be considered to apply to the guardian of the divorced woman, the word یعفو would mean that he should try to remit or relinquish her right, i.e. he should, so far as possible, strive to give up, even that which he is entitled to receive on behalf of the divorced woman. But God certainly prefers that the husband should make a greater show of generosity.
This is how each party is exhorted to vie with the other in acting generously toward the other, the husband by paying more than what is obligatory on him, and the wife or her guardian by relinquishing what is due to her. If people truly inculcated such a spirit of sacrifice, the earth would indeed become a heaven.
The expression, And that you should remit is nearer to righteousness, applies to the husband particularly; but it may, in its broader significance, apply to all__husbands, wives and guardians.
293
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry.
294
The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman holds it.
294A
Ya‘fu may mean, "remits or increases." The wife (or her guardian) may remit the whole or a part of what is due to her, or the husband may pay more than what is due from him. But the husband is certainly desired to make a greater show of generosity.
۞ وَلَکُمۡ نِصۡفُ مَا تَرَکَ اَزۡوٰجُکُمۡ اِنۡ لَّمۡ یَکُنۡ لَّہُنَّ وَلَدٌ ۚ فَاِنۡ کَانَ لَہُنَّ وَلَدٌ فَلَکُمُ الرُّبُعُ مِمَّا تَرَکۡنَ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصِیۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۚ وَلَہُنَّ الرُّبُعُ مِمَّا تَرَکۡتُمۡ اِنۡ لَّمۡ یَکُنۡ لَّکُمۡ وَلَدٌ ۚ فَاِنۡ کَانَ لَکُمۡ وَلَدٌ فَلَہُنَّ الثُّمُنُ مِمَّا تَرَکۡتُمۡ ۚ مِّنۡۢ بَعۡدِ وَصِیَّۃٍ تُوۡصُوۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۗ وَاِنۡ کَانَ رَجُلٌ یُّوۡرَثُ کَلٰلَۃً اَوِ امۡرَاَۃٌ وَّلَہٗۤ اَخٌ اَوۡ اُخۡتٌ فَلِکُلِّ وٰحِدٍ مِّنۡہُمَا السُّدُسُ ۚ فَاِنۡ کَانُوۡۤا اَکۡثَرَ مِنۡ ذٰلِکَ فَہُمۡ شُرَکَآءُ فِی الثُّلُثِ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصٰی بِہَاۤ اَوۡ دَیۡنٍ غَیۡرَ مُضَآرٍّ ۚ وَصِیَّۃً مِّنَ اللّٰہِ ۗ وَاللّٰہُ عَلِیۡمٌ حَلِیۡمٌ
4:177.
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
4:177.
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
4:177.
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
315
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
316
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
1
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
a
4:177.
495
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
575
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
575A
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
وَالّٰتِیۡ یَاۡتِیۡنَ الۡفٰحِشَۃَ مِنۡ نِّسَآئِکُمۡ فَاسۡتَشۡہِدُوۡا عَلَیۡہِنَّ اَرۡبَعَۃً مِّنۡکُمۡ ۖ فَاِنۡ شَہِدُوۡا فَاَمۡسِکُوۡہُنَّ فِی الۡبُیُوۡتِ حَتّٰی یَتَوَفّٰٮہُنَّ الۡمَوۡتُ اَوۡ یَجۡعَلَ اللّٰہُ لَہُنَّ سَبِیۡلًا
4:20, 26; 24:20.
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
4:20, 26; 24:20.
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
4:20, 26; 24:20.
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
b
4:20, 26; 24:20.
317
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
2
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
a
4:20, 26; 24:20.
496
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
d
4:20, 26; 24:20.
576
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
وَیَسۡتَفۡتُوۡنَکَ فِی النِّسَآءِ ۖ قُلِ اللّٰہُ یُفۡتِیۡکُمۡ فِیۡہِنَّ وَمَا یُتۡلٰی عَلَیۡکُمۡ فِی الۡکِتٰبِ فِیۡ یَتٰمَی النِّسَآءِ الّٰتِیۡ لَا تُؤۡتُوۡنَہُنَّ مَا کُتِبَ لَہُنَّ وَتَرۡغَبُوۡنَ اَنۡ تَنۡکِحُوۡہُنَّ وَالۡمُسۡتَضۡعَفِیۡنَ مِنَ الۡوِلۡدٰنِ وَاَنۡ تَقُوۡمُوۡا لِلۡیَتٰمٰی بِالۡقِسۡطِ ۚ وَمَا تَفۡعَلُوۡا مِنۡ خَیۡرٍ فَاِنَّ اللّٰہَ کَانَ بِہٖ عَلِیۡمًا
4:4.
یعنی سورۂ نساء آیت ۴ میں۔
مقرر کردہ حق سے یہ مراد ہے کہ ان کے مہر نہیں دیتے۔
کمزور بچیوں سے مراد یتیم لڑکیاں ہیں۔ کیونکہ وہ خود اپنے حق نہیں لے سکتیں۔
یہاں وِلْدَان کا لفظ ہے جو وَلَدٌ کی جمع ہے اور لڑکے اور لڑکی دونوں پر بولا جاتا ہے۔ لیکن عبارت کے مضمون سے ظاہر ہے کہ یہاں لڑکیاں مراد ہیں۔ کیونکہ انہی سے نکاح کا امکان ہے۔
4:4.
The "decision" is referred to in the following three verses.
The allusion in the words, that which is recited to you in the Book, is to the 4th verse of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately safeguard. ‘Umar, the Second Caliph would not allow the guardians of wealthy and handsome orphan girls to marry them and would insist on other and better husbands being found for them. The verse signifies that some instructions about women have already been given in the Qur’an and that other instructions follow.
Walad which is singular of Wildan is used both for a boy and a girl, but here Wildan signifies girls, marriage with whom is mentioned here.
4:4.
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.
g
4:4.
3
یعنی سورۂ نساء آیت ۴ میں۔
4
مقرر کردہ حق سے یہ مراد ہے کہ ان کے مہر نہیں دیتے۔
5
کمزور بچیوں سے مراد یتیم لڑکیاں ہیں۔ کیونکہ وہ خود اپنے حق نہیں لے سکتیں۔
6
یہاں وِلْدَان کا لفظ ہے جو وَلَدٌ کی جمع ہے اور لڑکے اور لڑکی دونوں پر بولا جاتا ہے۔ لیکن عبارت کے مضمون سے ظاہر ہے کہ یہاں لڑکیاں مراد ہیں۔ کیونکہ انہی سے نکاح کا امکان ہے۔
a
4:4.
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.
a
4:4.
676
The "decision" is referred to in the following three verses.
677
The allusion in the words, that which is recited to you in the Book, is to the 4th verse of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately safeguard. ‘Umar, the Second Caliph would not allow the guardians of wealthy and handsome orphan girls to marry them and would insist on other and better husbands being found for them. The verse signifies that some instructions about women have already been given in the Qur’an and that other instructions follow.
677A
Walad which is singular of Wildan is used both for a boy and a girl, but here Wildan signifies girls, marriage with whom is mentioned here.
فَلَمَّا سَمِعَتۡ بِمَکۡرِہِنَّ اَرۡسَلَتۡ اِلَیۡہِنَّ وَاَعۡتَدَتۡ لَہُنَّ مُتَّکَـًٔا وَّاٰتَتۡ کُلَّ وٰحِدَۃٍ مِّنۡہُنَّ سِکِّیۡنًا وَّقَالَتِ اخۡرُجۡ عَلَیۡہِنَّ ۖ فَلَمَّا رَاَیۡنَہٗۤ اَکۡبَرۡنَہٗ وَقَطَّعۡنَ اَیۡدِیَہُنَّ وَقُلۡنَ حٰشَ لِلّٰہِ مَا ہٰذَا بَشَرًا اِنۡ ہٰذَاۤ اِلَّا مَلَکٌ کَرِیۡمٌ
یعنی انگلیاں دانتوں میں دبالیں۔
12:51.
12:52.
They thought very highly of him.
The expression, cut their hands, may signify that when the women looked at Joseph, they were so struck with his saintly and handsome visage that in a state of forgetfulness some of them happened to cut their hands with the knives they were holding in their hands. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression, ‘Addul Anamili, i.e. biting the finger-ends is also used to express surprise, and because sometimes the whole of a thing is used for a part, the word 'hands' may be said to have been here used for 'finger-ends.' According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
12:51.
12:52.
Important Words:
متکا (repast) is derived from وکأ. They say, واکأعلی یدیه i.e. he leaned upon his hands or arms. اوکأه means, he set up for him a thing upon which to recline. اتکأ means, he sat leaning upon one of his sides; he leaned or rested his back or his side against a thing; he leaned or reclined upon a thing; he reclined upon a cushion. They say اتکأنا عند فلان i.e. we ate a repast with such a one. متکأ means, a place in which one reclines: a chamber or sitting room; that upon which one leans or reclines in eating, drinking or talking; food or repast, so called because high people used to recline when they sat to eat (Lane & Aqrab).
حاش لله (Allah be glorified). حاش is derived from حشی which means, he breathed short or he panted for breath or was out of breath. حاشاه منھم means, he set him aside as excluded from the description of the company or party; he excluded him from them, i.e. made an exception in regard to him. حاش لك means, far art thou from being included among those of whom I speak. حاش لله means, I ascribe unto God remoteness from every imperfection or freedom therefrom; generally implying wonder or admiration. The expression may be rendered as "How far or how free is God from every imperfection!" It is also used in the sense of معاذ الله i.e. I seek protection by God (Lane).
Commentary:
The verse purports to say that when Potiphar’s wife heard of what the women in the city were saying about her infatuation for Joseph, she thought they really believed her to be guilty though outwardly they talked in such a manner as to show that they sought to exculpate her. So in order to remove their suspicions, she invited them to a feast. Tables were laid and a knife was provided for each of them. When all the guests were assembled, she asked Joseph to come out and serve them, but hardly had they cast a glance over his face when his innocent look and angelic appearance made them convinced of the purity of his conduct and all their suspicions so far as Joseph was concerned were dissipated.
The expression, cut their hands, may mean that when the women looked at Joseph, they were so struck with his saintly appearance that in a state of forgetfulness some of them happened to cut their hands with the knives they had. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression عض الانامل (biting the finger ends) is also used to express surprise, and, as sometimes the whole is used for a part, therefore the word "hands" may be said to have been here used for "finger-ends." According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
Incidentally, the verse shows that the word "angel" can also be used for a righteous and holy man. The verse also throws interesting light on the social customs of those days—the laying of cushioned seats and the use of knives, etc.
a
12:51.
b
12:52.
2
یعنی انگلیاں دانتوں میں دبالیں۔
a
12:51.
b
12:52.
1535
Important Words:
متکا (repast) is derived from وکأ. They say, واکأعلی یدیه i.e. he leaned upon his hands or arms. اوکأه means, he set up for him a thing upon which to recline. اتکأ means, he sat leaning upon one of his sides; he leaned or rested his back or his side against a thing; he leaned or reclined upon a thing; he reclined upon a cushion. They say اتکأنا عند فلان i.e. we ate a repast with such a one. متکأ means, a place in which one reclines: a chamber or sitting room; that upon which one leans or reclines in eating, drinking or talking; food or repast, so called because high people used to recline when they sat to eat (Lane & Aqrab).
حاش لله (Allah be glorified). حاش is derived from حشی which means, he breathed short or he panted for breath or was out of breath. حاشاه منھم means, he set him aside as excluded from the description of the company or party; he excluded him from them, i.e. made an exception in regard to him. حاش لك means, far art thou from being included among those of whom I speak. حاش لله means, I ascribe unto God remoteness from every imperfection or freedom therefrom; generally implying wonder or admiration. The expression may be rendered as "How far or how free is God from every imperfection!" It is also used in the sense of معاذ الله i.e. I seek protection by God (Lane).
Commentary:
The verse purports to say that when Potiphar’s wife heard of what the women in the city were saying about her infatuation for Joseph, she thought they really believed her to be guilty though outwardly they talked in such a manner as to show that they sought to exculpate her. So in order to remove their suspicions, she invited them to a feast. Tables were laid and a knife was provided for each of them. When all the guests were assembled, she asked Joseph to come out and serve them, but hardly had they cast a glance over his face when his innocent look and angelic appearance made them convinced of the purity of his conduct and all their suspicions so far as Joseph was concerned were dissipated.
The expression, cut their hands, may mean that when the women looked at Joseph, they were so struck with his saintly appearance that in a state of forgetfulness some of them happened to cut their hands with the knives they had. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression عض الانامل (biting the finger ends) is also used to express surprise, and, as sometimes the whole is used for a part, therefore the word "hands" may be said to have been here used for "finger-ends." According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
Incidentally, the verse shows that the word "angel" can also be used for a righteous and holy man. The verse also throws interesting light on the social customs of those days—the laying of cushioned seats and the use of knives, etc.
a
12:51.
b
12:52.
1379A
They thought very highly of him.
1380
The expression, cut their hands, may signify that when the women looked at Joseph, they were so struck with his saintly and handsome visage that in a state of forgetfulness some of them happened to cut their hands with the knives they were holding in their hands. Or the sentence may be taken as figuratively expressing their wonder and amazement. The Arabic expression, ‘Addul Anamili, i.e. biting the finger-ends is also used to express surprise, and because sometimes the whole of a thing is used for a part, the word 'hands' may be said to have been here used for 'finger-ends.' According to the Talmud, oranges were served to the guests and the women inadvertently cut their hands owing to their being engrossed in looking at Joseph (Jew. Enc. & Talmud).
ثُمَّ یَاۡتِیۡ مِنۡۢ بَعۡدِ ذٰلِکَ سَبۡعٌ شِدَادٌ یَّاۡکُلۡنَ مَا قَدَّمۡتُمۡ لَہُنَّ اِلَّا قَلِیۡلًا مِّمَّا تُحۡصِنُوۡنَ
Arabia, in the Holy Prophet’s time, was visited with a terrible famine which lasted for seven long years. It was so severe that people were forced to eat carrion (Bukhari).
Commentary:
Joseph explains that the seven years of famine would be so severe that all that the people had stored up during the first seven years of plenty would be eaten up except very little which they might have saved, for fear lest the famine should become prolonged or for the purpose of seed.
Here we have another point of resemblance between Joseph and the Holy Prophet. Just as in the time of Joseph, Egypt was visited with a severe seven-year famine, so in the Holy Prophet’s time Arabia had a terrible famine which lasted for seven long years. It was so severe that some people were forced to eat carrion. At last, the Holy Prophet was requested to pray to God for the removal of the famine. He prayed to God and the famine left the land after the people had been reduced to a most pitiable plight (Bukhari and Muslim). This is the twelfth point of resemblance between these two noble Prophets.
1552
Commentary:
Joseph explains that the seven years of famine would be so severe that all that the people had stored up during the first seven years of plenty would be eaten up except very little which they might have saved, for fear lest the famine should become prolonged or for the purpose of seed.
Here we have another point of resemblance between Joseph and the Holy Prophet. Just as in the time of Joseph, Egypt was visited with a severe seven-year famine, so in the Holy Prophet’s time Arabia had a terrible famine which lasted for seven long years. It was so severe that some people were forced to eat carrion. At last, the Holy Prophet was requested to pray to God for the removal of the famine. He prayed to God and the famine left the land after the people had been reduced to a most pitiable plight (Bukhari and Muslim). This is the twelfth point of resemblance between these two noble Prophets.
1384
Arabia, in the Holy Prophet’s time, was visited with a terrible famine which lasted for seven long years. It was so severe that people were forced to eat carrion (Bukhari).
یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوۡۤا اِذَا جَآءَکُمُ الۡمُؤۡمِنٰتُ مُہٰجِرٰتٍ فَامۡتَحِنُوۡہُنَّ ۖ اللّٰہُ اَعۡلَمُ بِاِیۡمٰنِہِنَّ ۖ فَاِنۡ عَلِمۡتُمُوۡہُنَّ مُؤۡمِنٰتٍ فَلَا تَرۡجِعُوۡہُنَّ اِلَی الۡکُفَّارِ ۖ لَا ہُنَّ حِلٌّ لَّہُمۡ وَلَا ہُمۡ یَحِلُّوۡنَ لَہُنَّ ۖ وَاٰتُوۡہُمۡ مَّاۤ اَنۡفَقُوۡا ۚ وَلَا جُنَاحَ عَلَیۡکُمۡ اَنۡ تَنۡکِحُوۡہُنَّ اِذَاۤ اٰتَیۡتُمُوۡہُنَّ اُجُوۡرَہُنَّ ۚ وَلَا تُمۡسِکُوۡا بِعِصَمِ الۡکَوَافِرِ وَسۡـَٔلُوۡا مَاۤ اَنۡفَقۡتُمۡ وَلۡیَسۡـَٔلُوۡا مَاۤ اَنۡفَقُوۡا ۚ ذٰلِکُمۡ حُکۡمُ اللّٰہِ ۖ یَحۡکُمُ بَیۡنَکُمۡ ۚ وَاللّٰہُ عَلِیۡمٌ حَکِیۡمٌ
یعنی حکومتی لیول پر کفار سے اس خرچ کا مطالبہ کرو۔
یعنی کفار بھی ایسی عورتوں کا خرچ حکومتی لیول پر مسلمانوں سے طلب کریں گویا دونوں آیتوں میں اس قسم کے حقوق کو حکومتی حقوق تسلیم کر لیا ہے۔
4:5, 25.
2:222.
Though when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse refers to such refugee Muslim women. It constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere and honest in her faith and was accepting Islam from no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her disbelieving husband becomes automatically dissolved when she joins the Muslim Community; and a believer is allowed to marry her provided he fulfils two conditions: (a) He should have paid back to her disbelieving husband what the latter had s
4:5, 25.
2:222.
Commentary:
Here is a testimony to the irresistible appeal of the Message of Islam. At a time when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse under comment refers to such refugee Muslim women. The verse also constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere, and honest in her faith and that she was accepting Islam out of no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her dis-believing husband becomes dissolved when she joins the Muslim Community, and a believer is allowed to marry such a woman, provided he fulfils two conditions: (a) He should have paid back to the disbelieving husband of such woman what the latter had spent on her, and (b) he should also have fixed or paid her dowry. Similarly, the marriage-tie between a Muslim and his wife who gives up Islam could not continue and the same procedure would be adopted if such an apostate woman marries a disbeliever as in the case of marriage between a Muslim and a refugee believing woman. The reciprocal arrangement prescribed in this verse is not the private affair of the individuals concerned but is to be carried out by the State, as is the practice in time of war, to which the verses particularly apply; there could not and should not continue any social relations between individual believers and individual disbelievers.
a
4:5, 25.
b
2:222.
1
یعنی حکومتی لیول پر کفار سے اس خرچ کا مطالبہ کرو۔
2
یعنی کفار بھی ایسی عورتوں کا خرچ حکومتی لیول پر مسلمانوں سے طلب کریں گویا دونوں آیتوں میں اس قسم کے حقوق کو حکومتی حقوق تسلیم کر لیا ہے۔
a
4:5, 25.
b
2:222.
4218
Commentary:
Here is a testimony to the irresistible appeal of the Message of Islam. At a time when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse under comment refers to such refugee Muslim women. The verse also constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere, and honest in her faith and that she was accepting Islam out of no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her dis-believing husband becomes dissolved when she joins the Muslim Community, and a believer is allowed to marry such a woman, provided he fulfils two conditions: (a) He should have paid back to the disbelieving husband of such woman what the latter had spent on her, and (b) he should also have fixed or paid her dowry. Similarly, the marriage-tie between a Muslim and his wife who gives up Islam could not continue and the same procedure would be adopted if such an apostate woman marries a disbeliever as in the case of marriage between a Muslim and a refugee believing woman. The reciprocal arrangement prescribed in this verse is not the private affair of the individuals concerned but is to be carried out by the State, as is the practice in time of war, to which the verses particularly apply; there could not and should not continue any social relations between individual believers and individual disbelievers.
a
4:5, 25.
b
2:222.
3031
Though when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse refers to such refugee Muslim women. It constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere and honest in her faith and was accepting Islam from no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her disbelieving husband becomes automatically dissolved when she joins the Muslim Community; and a believer is allowed to marry her provided he fulfils two conditions: (a) He should have paid back to her disbelieving husband what the latter had s
یٰۤاَیُّہَا النَّبِیُّ اِذَا جَآءَکَ الۡمُؤۡمِنٰتُ یُبَایِعۡنَکَ عَلٰۤی اَنۡ لَّا یُشۡرِکۡنَ بِاللّٰہِ شَیۡـًٔا وَّلَا یَسۡرِقۡنَ وَلَا یَزۡنِیۡنَ وَلَا یَقۡتُلۡنَ اَوۡلٰدَہُنَّ وَلَا یَاۡتِیۡنَ بِبُہۡتٰنٍ یَّفۡتَرِیۡنَہٗ بَیۡنَ اَیۡدِیۡہِنَّ وَاَرۡجُلِہِنَّ وَلَا یَعۡصِیۡنَکَ فِیۡ مَعۡرُوۡفٍ ۙ فَبَایِعۡہُنَّ وَاسۡتَغۡفِرۡ لَہُنَّ اللّٰہَ ۖ اِنَّ اللّٰہَ غَفُوۡرٌ رَّحِیۡمٌ
Commentary:
The expression, بین أیدیھن و أرجلھن means from themselves or by themselves.
4220
Commentary:
The expression, بین أیدیھن و أرجلھن means from themselves or by themselves.