Topic: Allah (Hududullah), Limits Set By
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أُحِلَّ لَكُمْ لَيْلَةَ ٱلصِّيَامِ ٱلرَّفَثُ إِلَىٰ نِسَآئِكُمْ ۚ هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ ۗ عَلِمَ ٱللَّهُ أَنَّكُمْ كُنتُمْ تَخْتَانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنكُمْ ۖ فَٱلْـَٰٔنَ بَٰشِرُوهُنَّ وَٱبْتَغُوا۟ مَا كَتَبَ ٱللَّهُ لَكُمْ ۚ وَكُلُوا۟ وَٱشْرَبُوا۟ حَتَّىٰ يَتَبَيَّنَ لَكُمُ ٱلْخَيْطُ ٱلْأَبْيَضُ مِنَ ٱلْخَيْطِ ٱلْأَسْوَدِ مِنَ ٱلْفَجْرِ ۖ ثُمَّ أَتِمُّوا۟ ٱلصِّيَامَ إِلَى ٱلَّيْلِ ۚ وَلَا تُبَٰشِرُوهُنَّ وَأَنتُمْ عَٰكِفُونَ فِى ٱلْمَسَٰجِدِ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَقْرَبُوهَا ۗ كَذَٰلِكَ يُبَيِّنُ ٱللَّهُ ءَايَٰتِهِۦ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ
在这简短的话中 «古兰经» 把妇女的权利和地位、婚姻的目的和意义, 以及夫妇之间的关系描述得多么美好。本节经文大意是说婚姻的真正目的是双方得到舒适、保护和修饰, 因为这就是服装的多种用途 (7:27及16:82)。这肯定不只是性生活的满足。丈夫和妻子还得相互防护邪恶与丑事。
رَفَثَ کے معنے اصل میں جماع کے ذکر کے ہوتے ہیں۔ اس جگہ استعارۃً یہ لفظ جماع کے معنوں میں استعمال کیا گیا ہے۔ مکہ والے سمجھتے تھے کہ روزہ دار کو رات کے وقت بھی اپنی بیوی کے ساتھ تعلق پیدا کرنا جائز نہیں‘ اس کی تردید کی۔
لباس سے یہ مراد ہے کہ خاوند کی وجہ سے لوگ عورت پر الزام لگانے سے ڈرتے ہیں اور عورت کی وجہ سے خاوند پر الزام لگانے سے ڈرتے ہیں پس وہ ایک دوسرے کا لباس ہیں یعنی ایک دوسرے کی حفاظت کرتے ہیں۔
مفسرین کہتے ہیں کہ اس کا مطلب یہ ہے کہ بعض مسلمان باوجود یہ جاننے کے کہ روزہ کی رات میں عورت کے پاس جانا جائز نہیں ایسا کر لیتے تھے۔ پس فرماتا ہے کہ ہم نے یہ حکم اس لئے کھول کر بیان کر دیا ہے کہ تم گناہ میں نہ پڑو۔ لیکن تَخْتَأْ نُوْنَ اَنْفُسَکُمْ کے معنے اپنے نفسوں کی حق تلفی کرنے کے بھی ہوتے ہیں اور وہی معنے ہم نے اس جگہ کیے ہیں کیونکہ وہ صحابہ ؓ کی شان کے مطابق ہیں اور مطلب یہ ہے کہ گو یہ حکم شرعی نہیں تھا مگر پھر بھی تم اپنی جانوں کو تکلیف میں ڈالنے کی کوشش کرتے تھے۔ اب ہم نے شرعی حکم بتا دیا ہے تاکہ تم خواہ مخواہ اپنے آپ کو تکلیف میں نہ ڈالو۔
عَفَا اللّٰہُ عَنْکَ کے معنے ہیں اَصْلَحَکَ اللّٰہُ وَ اَعَزَّکَ یعنی اللہ تیرے کاموں کو درست کرے اور تجھے عزت دے (اقرب) ہم نے اسی محاورہ کے مطابق عَفَا عَنْـکُمْ کے معنے یہ کیے ہیں۔ کہ اللہ نے تمہاری اس حالت کی اصلاح کردی۔
How beautifully in these brief words the Qur’an has described the rights and status of woman and the object and significance of marriage and conjugal relations. The real object of marriage, the verse purports to say, is the comfort, protection and embellishment of the parties, for such are the uses of a garment (7:27 & 16:82). It definitely is not merely the satisfaction of sexual urge. Husband and wife also safeguard each other against evil and scandal.
The expression ‘Afallahu ‘An-hu means, God corrected his mistake and set right his affairs; bestowed honour upon him. It also means, God afforded him relief (Muhit).
At places where days and nights are unusually long (e.g. near the Poles) day and night should be calculated to be of twelve hours’ duration (Muslim, ch. Ashratus-Sa‘ah).
In I‘tikaf which constitutes, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time.
Important Words:
رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).
تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".
عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).
باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).
Commentary:
It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.
Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.
The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.
The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan
and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).
125
在这简短的话中 «古兰经» 把妇女的权利和地位、婚姻的目的和意义, 以及夫妇之间的关系描述得多么美好。本节经文大意是说婚姻的真正目的是双方得到舒适、保护和修饰, 因为这就是服装的多种用途 (7:27及16:82)。这肯定不只是性生活的满足。丈夫和妻子还得相互防护邪恶与丑事。
1
رَفَثَ کے معنے اصل میں جماع کے ذکر کے ہوتے ہیں۔ اس جگہ استعارۃً یہ لفظ جماع کے معنوں میں استعمال کیا گیا ہے۔ مکہ والے سمجھتے تھے کہ روزہ دار کو رات کے وقت بھی اپنی بیوی کے ساتھ تعلق پیدا کرنا جائز نہیں‘ اس کی تردید کی۔
2
لباس سے یہ مراد ہے کہ خاوند کی وجہ سے لوگ عورت پر الزام لگانے سے ڈرتے ہیں اور عورت کی وجہ سے خاوند پر الزام لگانے سے ڈرتے ہیں پس وہ ایک دوسرے کا لباس ہیں یعنی ایک دوسرے کی حفاظت کرتے ہیں۔
3
مفسرین کہتے ہیں کہ اس کا مطلب یہ ہے کہ بعض مسلمان باوجود یہ جاننے کے کہ روزہ کی رات میں عورت کے پاس جانا جائز نہیں ایسا کر لیتے تھے۔ پس فرماتا ہے کہ ہم نے یہ حکم اس لئے کھول کر بیان کر دیا ہے کہ تم گناہ میں نہ پڑو۔ لیکن تَخْتَأْ نُوْنَ اَنْفُسَکُمْ کے معنے اپنے نفسوں کی حق تلفی کرنے کے بھی ہوتے ہیں اور وہی معنے ہم نے اس جگہ کیے ہیں کیونکہ وہ صحابہ ؓ کی شان کے مطابق ہیں اور مطلب یہ ہے کہ گو یہ حکم شرعی نہیں تھا مگر پھر بھی تم اپنی جانوں کو تکلیف میں ڈالنے کی کوشش کرتے تھے۔ اب ہم نے شرعی حکم بتا دیا ہے تاکہ تم خواہ مخواہ اپنے آپ کو تکلیف میں نہ ڈالو۔
4
عَفَا اللّٰہُ عَنْکَ کے معنے ہیں اَصْلَحَکَ اللّٰہُ وَ اَعَزَّکَ یعنی اللہ تیرے کاموں کو درست کرے اور تجھے عزت دے (اقرب) ہم نے اسی محاورہ کے مطابق عَفَا عَنْـکُمْ کے معنے یہ کیے ہیں۔ کہ اللہ نے تمہاری اس حالت کی اصلاح کردی۔
194
Important Words:
رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).
تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".
عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).
باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).
Commentary:
It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.
Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.
The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.
The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan
and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).
212
How beautifully in these brief words the Qur’an has described the rights and status of woman and the object and significance of marriage and conjugal relations. The real object of marriage, the verse purports to say, is the comfort, protection and embellishment of the parties, for such are the uses of a garment (7:27 & 16:82). It definitely is not merely the satisfaction of sexual urge. Husband and wife also safeguard each other against evil and scandal.
213
The expression ‘Afallahu ‘An-hu means, God corrected his mistake and set right his affairs; bestowed honour upon him. It also means, God afforded him relief (Muhit).
214
At places where days and nights are unusually long (e.g. near the Poles) day and night should be calculated to be of twelve hours’ duration (Muslim, ch. Ashratus-Sa‘ah).
215
In I‘tikaf which constitutes, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time.
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
2:228.
2:232; 4:130; 65:3.
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
2:232; 4:130; 65:3.
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
See 2:228.
2:232; 4:130; 65:3.
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.
c
2:232; 4:130; 65:3.
170
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
171
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
172
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
1
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
2
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
3
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
a
See 2:228.
b
2:232; 4:130; 65:3.
236
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.c
2:232; 4:130; 65:3.
280
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
281
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
282
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
这节经文述及第三次和最终一次离婚。在该次离婚后, 丈夫再也无权与妻子破镜重圆, 除非那离了婚的女人再嫁另一个男人并建立夫妻关系, 然后又与他正式离婚, 或者他死了, 使她有自由再嫁另一个男人。藉着离婚法律中包括这一条款, 伊斯兰教一方面提高婚姻关系的严肃性, 另一方面, 也给一度过着夫妻生活的两个人提供一个重新结合的机会, 虽然机会是很小的。
This verse refers to the third and final divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with; and, on the other, it has afforded yet another, though extremely remote, opportunity to the couple who once had lived as husband and wife to become reunited if they so desire.
Important Words:
یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).
یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.
تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.
Commentary:
This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.
173
这节经文述及第三次和最终一次离婚。在该次离婚后, 丈夫再也无权与妻子破镜重圆, 除非那离了婚的女人再嫁另一个男人并建立夫妻关系, 然后又与他正式离婚, 或者他死了, 使她有自由再嫁另一个男人。藉着离婚法律中包括这一条款, 伊斯兰教一方面提高婚姻关系的严肃性, 另一方面, 也给一度过着夫妻生活的两个人提供一个重新结合的机会, 虽然机会是很小的。
237
Important Words:
یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).
یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.
تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.
Commentary:
This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.
283
This verse refers to the third and final divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with; and, on the other, it has afforded yet another, though extremely remote, opportunity to the couple who once had lived as husband and wife to become reunited if they so desire.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:177.
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
4:177.
Father and mother both (Lane).
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
4:177.
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
314
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
b
4:177.
494
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
573
Father and mother both (Lane).
574
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
574A
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
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.
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
b
3:133; 8:21; 33:72.
c
2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَٰلِدًا فِيهَا وَلَهُۥ عَذَابٌ مُّهِينٌ
72:24.
جنت کے لئے بھی خُلُوْد کا لفظ آتا ہے یعنی یہ کہ جنتی ایک لمبے عرصہ تک اس میں رہیں گے اور دوزخ کے لئے خُلُوْد کا لفظ آتا ہے مگر قرآن کریم میں دوسری جگہوں پر یہ وضاحت ہے کہ جنتی جنت میں بلا وقفہ رہیں گے لیکن دوزخ کا عذاب ختم ہو جائے گا۔ اس لئے لمبے عرصہ کے معنے اس توضیح کو مدنظر رکھ کر کرنے چاہئیں۔
72:24.
72:24.
a
72:24.
1
جنت کے لئے بھی خُلُوْد کا لفظ آتا ہے یعنی یہ کہ جنتی ایک لمبے عرصہ تک اس میں رہیں گے اور دوزخ کے لئے خُلُوْد کا لفظ آتا ہے مگر قرآن کریم میں دوسری جگہوں پر یہ وضاحت ہے کہ جنتی جنت میں بلا وقفہ رہیں گے لیکن دوزخ کا عذاب ختم ہو جائے گا۔ اس لئے لمبے عرصہ کے معنے اس توضیح کو مدنظر رکھ کر کرنے چاہئیں۔
c
72:24.
c
72:24.
ٱلتَّٰٓئِبُونَ ٱلْعَٰبِدُونَ ٱلْحَٰمِدُونَ ٱلسَّٰٓئِحُونَ ٱلرَّٰكِعُونَ ٱلسَّٰجِدُونَ ٱلْءَامِرُونَ بِٱلْمَعْرُوفِ وَٱلنَّاهُونَ عَنِ ٱلْمُنكَرِ وَٱلْحَٰفِظُونَ لِحُدُودِ ٱللَّهِ ۗ وَبَشِّرِ ٱلْمُؤْمِنِينَ
33:36.
3:105, 111, 115; 7:158; 9:71; 31:18.
33:36.
3:105,111,115; 7:158; 9:71; 31:18.
Important Words:
سائحون (who go about in the land serving Him) is the plural of سائح which is the active participle from ساح which means, it flowed. They say ساح الماء علی وجه الارض i.e. the water flowed or ran freely on the surface of the earth. ساح فی الارض means, he went or journeyed through the land for the purpose of devoting himself to the service of religion, etc. سائح means, one who journeys through or goes about the land as a devotee or otherwise; one who goes forth or journeys through the land to war against disbelievers or to seek knowledge; one who fasts much and keeps to the mosques (Lane).
Commentary:
The present verse, which is a continuation of the previous one, shows that it is the Companions of the Holy Prophet and those who follow them righteously that are meant here.
The noble qualities of believers, as mentioned in the verse under comment, have been put in order of merit. The first stage of spiritual development is that of توبة i.e. repentance of one’s sins. The second stage is that of عبادة i.e. Divine worship, which implies that after having repented of his sins, a Muslim becomes resigned to the Will of God. The third stage is that of حمد i.e. glorifying God, which means that a Muslim is not only resigned to the will of God, but he praises and glorifies Him even in adversity.
The fourth stage pertains to the attribute of سائح which means that in this stage a believer forsakes his home for the sake of God and devotes his whole attention to Him. The fifth spiritual stage which a Muslim attains is that of راکع which signifies that he begins to serve God with all his soul and body, every part of his body being dedicated to His service. See also note on 2:44. In the sixth stage the believer becomes a ساجد (one who falls prostrate before God) which symbolizes the highest stage of nearness to God, when a believer not only severs, as it were, his connection with the world, but also loses his ownself, and throws himself on the earth, mixing with the dust. The Holy Prophet is reported to have said that in the attitude of prostration a believer is in a position of extreme nearness to God.
When a true believer has reached the stage of ساجد i.e. close nearness to God, his next duty is to bring the straying sheep into the fold of the Master. So now he becomes God’s preacher, enjoining what is good and forbidding what is evil. This is the seventh stage to which a true Muslim can and should rise. The next, and in a way the final, stage is that of God’s Khalifah, i.e. Divine Reformer, which is referred to in the words, "Who watch the limits set by God," i.e. those who are, as it were, the guardians of the Law of God. The expression الحافظون لحدود اللّٰه may also mean, those who strictly observe the ordinances of God.
c
33:36.
d
3:105, 111, 115; 7:158; 9:71; 31:18.
a
33:36.
b
3:105,111,115; 7:158; 9:71; 31:18.
1261
Important Words:
سائحون (who go about in the land serving Him) is the plural of سائح which is the active participle from ساح which means, it flowed. They say ساح الماء علی وجه الارض i.e. the water flowed or ran freely on the surface of the earth. ساح فی الارض means, he went or journeyed through the land for the purpose of devoting himself to the service of religion, etc. سائح means, one who journeys through or goes about the land as a devotee or otherwise; one who goes forth or journeys through the land to war against disbelievers or to seek knowledge; one who fasts much and keeps to the mosques (Lane).
Commentary:
The present verse, which is a continuation of the previous one, shows that it is the Companions of the Holy Prophet and those who follow them righteously that are meant here.
The noble qualities of believers, as mentioned in the verse under comment, have been put in order of merit. The first stage of spiritual development is that of توبة i.e. repentance of one’s sins. The second stage is that of عبادة i.e. Divine worship, which implies that after having repented of his sins, a Muslim becomes resigned to the Will of God. The third stage is that of حمد i.e. glorifying God, which means that a Muslim is not only resigned to the will of God, but he praises and glorifies Him even in adversity.
The fourth stage pertains to the attribute of سائح which means that in this stage a believer forsakes his home for the sake of God and devotes his whole attention to Him. The fifth spiritual stage which a Muslim attains is that of راکع which signifies that he begins to serve God with all his soul and body, every part of his body being dedicated to His service. See also note on 2:44. In the sixth stage the believer becomes a ساجد (one who falls prostrate before God) which symbolizes the highest stage of nearness to God, when a believer not only severs, as it were, his connection with the world, but also loses his ownself, and throws himself on the earth, mixing with the dust. The Holy Prophet is reported to have said that in the attitude of prostration a believer is in a position of extreme nearness to God.
When a true believer has reached the stage of ساجد i.e. close nearness to God, his next duty is to bring the straying sheep into the fold of the Master. So now he becomes God’s preacher, enjoining what is good and forbidding what is evil. This is the seventh stage to which a true Muslim can and should rise. The next, and in a way the final, stage is that of God’s Khalifah, i.e. Divine Reformer, which is referred to in the words, "Who watch the limits set by God," i.e. those who are, as it were, the guardians of the Law of God. The expression الحافظون لحدود اللّٰه may also mean, those who strictly observe the ordinances of God.
c
33:36.
d
3:105, 111, 115; 7:158; 9:71; 31:18.
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَآسَّا ۖ فَمَن لَّمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ۚ ذَٰلِكَ لِتُؤْمِنُوا۟ بِٱللَّهِ وَرَسُولِهِۦ ۚ وَتِلْكَ حُدُودُ ٱللَّهِ ۗ وَلِلْكَٰفِرِينَ عَذَابٌ أَلِيمٌ
The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with.
Commentary:
The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with. The expression لتؤمنوا باللّٰه و رسوله means, you may learn to obey the commandments of Allah and his Messenger.
4175
Commentary:
The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with. The expression لتؤمنوا باللّٰه و رسوله means, you may learn to obey the commandments of Allah and his Messenger.
3003
The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with.
يَٰٓأَيُّهَا ٱلنَّبِىُّ إِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا۟ ٱلْعِدَّةَ ۖ وَٱتَّقُوا۟ ٱللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِنۢ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ لَا تَدْرِى لَعَلَّ ٱللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا
2:232, 233.
2:230.
声明离婚不得在两次月经之间的时期内, 在这同时夫妻不得同房。这就保证了离婚的决定不是一时生气仓促做出的, 也不是由于其受瞬间冲动的影响, 而是经过冷静而仔细考虑做出的。此外, 离了婚的妻子在家里一直要住到待婚期 (عِدَّة, ‘Iddah) 结束为止。这个离婚程序是有法律规定的, 因为在待婚期, 不和的原因有可能消失, 隔阂的双方可能言归于好。
اَمْر (Amr) 在这里指隔阂的夫妻和解。
خطاب میں لفظ نبی ہے‘ مگر مراد ان کے ماننے والے ہیں۔ کیونکہ اَتباع نبی کے ماتحت ہوتے ہیں۔
یعنی غصّہ کی حالت میں طلاق نہ دو۔ بلکہ ایسے طُہر میں طلاق دو جس سے پہلے صحبت نہ کی ہو۔ تاکہ سب غصہ دور ہو چکا ہو اور شہوت نے بھڑک کر محبت پیدا کر دی ہو۔ اور طلاق کی نوبت ہی نہ آئے۔
مطلب یہ کہ اگر وہ نکلیں گی تو وہ ایک کھلے گناہ کی مرتکب ہوں گی۔
2:232, 233.
2:230.
This is one of those verses of the Qur’an in which the address made to the Holy Prophet is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.
The pronouncement of divorce should be made in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘Iddah (period of waiting). This procedure of divorce is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.
Amr here signifies reconciliation between the estranged husband and wife.
2:232-233.
2:230.
Commentary:
This is one of those verses of the Quran in which the address made to the Holy Prophet, is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.
The procedure of divorce given in this Surah is as follows:
The first pronouncement of divorce should be in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘iddah (the period of waiting) which extends over three courses.
The words "it may be that thereafter Allah will bring about something new to pass," signify that the above-mentioned procedure is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.
b
2:232, 233.
c
2:230.
1436
声明离婚不得在两次月经之间的时期内, 在这同时夫妻不得同房。这就保证了离婚的决定不是一时生气仓促做出的, 也不是由于其受瞬间冲动的影响, 而是经过冷静而仔细考虑做出的。此外, 离了婚的妻子在家里一直要住到待婚期 (عِدَّة, ‘Iddah) 结束为止。这个离婚程序是有法律规定的, 因为在待婚期, 不和的原因有可能消失, 隔阂的双方可能言归于好。
1437
اَمْر (Amr) 在这里指隔阂的夫妻和解。
1
خطاب میں لفظ نبی ہے‘ مگر مراد ان کے ماننے والے ہیں۔ کیونکہ اَتباع نبی کے ماتحت ہوتے ہیں۔
2
یعنی غصّہ کی حالت میں طلاق نہ دو۔ بلکہ ایسے طُہر میں طلاق دو جس سے پہلے صحبت نہ کی ہو۔ تاکہ سب غصہ دور ہو چکا ہو اور شہوت نے بھڑک کر محبت پیدا کر دی ہو۔ اور طلاق کی نوبت ہی نہ آئے۔
3
مطلب یہ کہ اگر وہ نکلیں گی تو وہ ایک کھلے گناہ کی مرتکب ہوں گی۔
b
2:232-233.
c
2:230.
4268
Commentary:
This is one of those verses of the Quran in which the address made to the Holy Prophet, is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.
The procedure of divorce given in this Surah is as follows:
The first pronouncement of divorce should be in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘iddah (the period of waiting) which extends over three courses.
The words "it may be that thereafter Allah will bring about something new to pass," signify that the above-mentioned procedure is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.
b
2:232, 233.
c
2:230.
3064
This is one of those verses of the Qur’an in which the address made to the Holy Prophet is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.
3064A
The pronouncement of divorce should be made in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘Iddah (period of waiting). This procedure of divorce is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.
3065
Amr here signifies reconciliation between the estranged husband and wife.