Topic: Contract In
View Aspects
وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَٰقًا غَلِيظًا
These words do not necessarily imply sexual intercourse. They mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or money he may have given her, even though he may not have gone in unto her.
Women are not slaves of the whims or caprices of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect because, as regards their social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant—the tie of marriage—they have made with their wives.
Important Words:
افضی (has been alone) is formed from فضأ meaning, it was or became empty or vacant, or void; it was or became wide or spacious, افضیت الی الشیء means, I came to or reached a thing افضی الی امرأته means, he went in unto his wife; or he came in contact with his wife, skin to skin; he was with her alone in private (Lane).
Commentary:
The words, one of you has been alone with the other, do not necessarily imply sexual intercourse. They only mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or sum of money he may have given her, even though he may not have gone in unto her.
The expression, and they (the women) have taken from you a strong covenant, shows that women are not the slaves of the whim or caprice of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect and faithfully discharge, because, as regards social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant they have made with their wives, the very tie of marriage having the force of a covenant.
501
Important Words:
افضی (has been alone) is formed from فضأ meaning, it was or became empty or vacant, or void; it was or became wide or spacious, افضیت الی الشیء means, I came to or reached a thing افضی الی امرأته means, he went in unto his wife; or he came in contact with his wife, skin to skin; he was with her alone in private (Lane).
Commentary:
The words, one of you has been alone with the other, do not necessarily imply sexual intercourse. They only mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or sum of money he may have given her, even though he may not have gone in unto her.
The expression, and they (the women) have taken from you a strong covenant, shows that women are not the slaves of the whim or caprice of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect and faithfully discharge, because, as regards social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant they have made with their wives, the very tie of marriage having the force of a covenant.
583
These words do not necessarily imply sexual intercourse. They mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or money he may have given her, even though he may not have gone in unto her.
584
Women are not slaves of the whims or caprices of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect because, as regards their social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant—the tie of marriage—they have made with their wives.
وَلِكُلٍّ جَعَلْنَا مَوَٰلِىَ مِمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ ۚ وَٱلَّذِينَ عَقَدَتْ أَيْمَٰنُكُمْ فَـَٔاتُوهُمْ نَصِيبَهُمْ ۚ إِنَّ ٱللَّهَ كَانَ عَلَىٰ كُلِّ شَىْءٍ شَهِيدًا
4:8.
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
4:8.
Mawali is the plural of Maula which among other things means, an heir.
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."
4:8.
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
a
4:8.
1
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
a
4:8.
511
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
c
4:8.
596
Mawali is the plural of Maula which among other things means, an heir.
597
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."