وَلَہُنَّ

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.

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.