Topic: Menstruation
View Aspects
وَيَسْـَٔلُونَكَ عَنِ ٱلْمَحِيضِ ۖ قُلْ هُوَ أَذًى فَٱعْتَزِلُوا۟ ٱلنِّسَآءَ فِى ٱلْمَحِيضِ ۖ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ ۖ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ ٱللَّهُ ۚ إِنَّ ٱللَّهَ يُحِبُّ ٱلتَّوَّٰبِينَ وَيُحِبُّ ٱلْمُتَطَهِّرِينَ
یَطْھُرْنَ کے بعد تَطَھَّرْنَ کا لفظ لانے سے یہ مراد ہے کہ وہ نہا دھو کر صاف ہو جائیں (مفردات)
After laying down, in brief, the law about intermarriages, reference to marital relations and conjugal obligations became necessary.
The command implied in the words, and seek what Allah has ordained for you (2:188), is that coitus with one’s wife should be in a manner conducive to procreation.
Important Words:
المحیض (menstruation) is derived from حاض. They say حاضت المرأة i.e. the woman menstruated; blood came forth from her womb or uterus at the known time and in the known manner. Thus محیض means, (1) menstruation, i.e. the monthly course: (2) time of menstruation; (3) place of menstruation (Lane & Mufradat). According to some, the word which means a tank or a place where water collects, is also derived from the same root though the central letter of the root is different (Lane).
اذی (harmful thing) is the infinitive-noun from اذی meaning, he came to harm, or he was annoyed. آذی means, he or it caused a harm. اذی means, a harmful thing; a disagreeable thing; an annoyance; a hurt; a thing held to be unclean or filthy; a slight evil less than what is termed ضرر (Taj).
اعتزلوا (keep away from) is derived from عزل. عزله عنه means, he removed him or it from that (Aqrab). اعتزل الشیء or اعتزل عنهmeans, he kept away from the thing (Aqrab).
یطھرن (they are clean) and تطھرن (they have cleansed themselves) and المتطھرین (who keep themselves clean) are all derived from طھر which means, he or it became clean or free from dirt or filth, etc.; or he or it became pure. طھرت المرأة means, the woman became clean from the menstrual discharge, i.e. her flow of menses stopped. طھرت المرأة means, she became cleansed or purified by washing herself. اطھر (ittahara) is like تطھر giving the same meaning, i.e. he became cleansed or he kept himself clean (Aqrab).
Commentary:
After laying down, in brief, the law about intermarriage, reference to marital relations and conjugal obligations became necessary. The verse under comment indicates that coition or sexual intercourse with one’s wife is not permissible during menses, for such intercourse would be harmful for both parties. Coition becomes permissible when menses cease, but as a further precaution the husband should wait till the wife has washed herself by taking a bath.
The command referred to in the words go in unto them as Allah has commanded you is contained in, and seek what Allah has ordained for You (2:188), hinting that coition with one’s wife should be in a manner productive of issue. A further hint to the above is contained in the following verse.
The words, and go not in unto them (lit. do not go near them) until they are clean, do not mean that the husband should keep away from his wife completely and in no case go near her. The Holy Prophet’s sayings as well as his practice belie that inference. The expression simply refers to coition and does not debar other forms of loving approach.
The concluding word "متطھرین" i.e. those who keep themselves clean has been put in the masculine gender, because firstly the use of the masculine gender generally includes and extends to females as well; and secondly because by using this word the Quran means to hint that if men go in unto their wives while they are unclean, they are sure to make themselves unclean too. Thirdly this word also hints that though it becomes lawful for a man to go in unto his wife after the monthly flow has ceased, yet it is better for him to wait till the woman has properly washed herself, for God loves those who are more careful about cleanliness.
3
یَطْھُرْنَ کے بعد تَطَھَّرْنَ کا لفظ لانے سے یہ مراد ہے کہ وہ نہا دھو کر صاف ہو جائیں (مفردات)
229
Important Words:
المحیض (menstruation) is derived from حاض. They say حاضت المرأة i.e. the woman menstruated; blood came forth from her womb or uterus at the known time and in the known manner. Thus محیض means, (1) menstruation, i.e. the monthly course: (2) time of menstruation; (3) place of menstruation (Lane & Mufradat). According to some, the word which means a tank or a place where water collects, is also derived from the same root though the central letter of the root is different (Lane).
اذی (harmful thing) is the infinitive-noun from اذی meaning, he came to harm, or he was annoyed. آذی means, he or it caused a harm. اذی means, a harmful thing; a disagreeable thing; an annoyance; a hurt; a thing held to be unclean or filthy; a slight evil less than what is termed ضرر (Taj).
اعتزلوا (keep away from) is derived from عزل. عزله عنه means, he removed him or it from that (Aqrab). اعتزل الشیء or اعتزل عنهmeans, he kept away from the thing (Aqrab).
یطھرن (they are clean) and تطھرن (they have cleansed themselves) and المتطھرین (who keep themselves clean) are all derived from طھر which means, he or it became clean or free from dirt or filth, etc.; or he or it became pure. طھرت المرأة means, the woman became clean from the menstrual discharge, i.e. her flow of menses stopped. طھرت المرأة means, she became cleansed or purified by washing herself. اطھر (ittahara) is like تطھر giving the same meaning, i.e. he became cleansed or he kept himself clean (Aqrab).
Commentary:
After laying down, in brief, the law about intermarriage, reference to marital relations and conjugal obligations became necessary. The verse under comment indicates that coition or sexual intercourse with one’s wife is not permissible during menses, for such intercourse would be harmful for both parties. Coition becomes permissible when menses cease, but as a further precaution the husband should wait till the wife has washed herself by taking a bath.
The command referred to in the words go in unto them as Allah has commanded you is contained in, and seek what Allah has ordained for You (2:188), hinting that coition with one’s wife should be in a manner productive of issue. A further hint to the above is contained in the following verse.
The words, and go not in unto them (lit. do not go near them) until they are clean, do not mean that the husband should keep away from his wife completely and in no case go near her. The Holy Prophet’s sayings as well as his practice belie that inference. The expression simply refers to coition and does not debar other forms of loving approach.
The concluding word "متطھرین" i.e. those who keep themselves clean has been put in the masculine gender, because firstly the use of the masculine gender generally includes and extends to females as well; and secondly because by using this word the Quran means to hint that if men go in unto their wives while they are unclean, they are sure to make themselves unclean too. Thirdly this word also hints that though it becomes lawful for a man to go in unto his wife after the monthly flow has ceased, yet it is better for him to wait till the woman has properly washed herself, for God loves those who are more careful about cleanliness.
268
After laying down, in brief, the law about intermarriages, reference to marital relations and conjugal obligations became necessary.
269
The command implied in the words, and seek what Allah has ordained for you (2:188), is that coitus with one’s wife should be in a manner conducive to procreation.
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
4:35.
2:235; 65:5.
قُرُؤ (Quru’) 是 قُرْء (Qur’) 或 قَرْء (Qar’) 的复数, 意思是:一次; 月经; 月经前后的那段时间即洁净状态, 也就是说, 两次月经之间的那段时间; 一次月经的终止; 月经与沽净状态算在一起的那段时间, 即整个月份; 一个女人离开她洁净状态进入经期的时间或状态 {مُحِيْط (Muhit) 和 مُفْرَدَات (Mufradat)}。穆圣的同伴阿布•白克尔 (اَبُوْبَكر, Abu Bakr)、欧麦尔 (عُمَرْ, ‘Umar)、法理学教长阿布•哈尼法 (اَبُوْحَنِيْفَة, Abu Hanifa) 和阿哈默德•彬•汉巴尔 (اَحْمَدْ بِنْ حَنْبَلْ, Ahmad bin Hanbal) 认为 قُرْء 意指月经而不指洁净时期。与此相反, 穆圣另两位同伴阿依莎 (عَائِشَة, ‘A’ishah) 和伊本•欧麦尔 (اِبْنِ عُمَرْ, Ibn-e-‘Umar) 以及法理学教长马利克 (مٰلِكْ, Malik) 和沙斐伊 (شَافِعِیْ Shafi‘iy) 却持相反的看法 (مُحِيْط)。既然是见仁见智, 可以让一个穆斯林自己去采取两种看法中的任何一种。但是对有关争论的集体调查 (这里不必细说) 使人得到一个结论: 两种看法中第一种看来更近乎情理。虽然如此, 如果 (一个人) 要想稳当一些的话, 可以 (由他) 采用 قُرْء (Qur’), 的词义为月经洁净状态算在一起的那段时期, 即整个月份。
由於离婚是安拉在所有合法事情中最不愿意见到的事情 (دَاؤد), 它受到许多限制: (a) 丈夫只能在妻子洁净即月经洁净的状态时而且他在她洁净的时期与她无性关系时才能离婚。(b) 宣布离婚以后, 妻子必须等候三次月经即大约三个月的时间, 这段时间称为 عِدَّة (‘Iddat) 即等候时期。这是因为给丈夫充份的时间来考虑与他的这一行动有牵连的所有事情;假如他心中仍有一丝潜藏在那里的火花的话,他还可爱她;可以使他有再次决定的机会。(c) 离了婚的妇女如果已受孕不必对丈夫隐瞒, 因为可以认为将要出生的孩子有助于两口子重归和好。(d) 完全而不可撤回的分离, 可以有三次离婚。在第一和第二次宣布离婚后, 以及在等候时期到期前, 丈夫享有带回妻子的特权, 如果他想这样做的话。即使在等候时期结束后, 在第一和第二次离婚的情况下, 两口子仍能团圆, 只要重新结婚就可以了。
就个人权利而言, 夫妻是平等的。可是, 像4:35节经文指出的那样, 男人在体力方面条件较好, 又负有供养家庭的经济上的责任, 因此有管理权利。
حضرت ابوبکرؓ‘‘ عمرؓ‘‘ عثمانؓ‘‘ علیؓ اور ابن مسعودؓ اور امام ابوحنیفہؒ نے قُرْئٌ کے معنے حیض کے لئے ہیں اور زید بن ثابتؓ‘ حضرت عائشہؓ اور ابن عمرؓ اور مالکؒ اور شافعیؒ نے طُہر کے معنے کیے ہیں (محیط)
بِالْمَعْرُوْفِ کا ترجمہ یہاں ’’مطابق دستور‘‘ کیا گیا ہے۔ بعض جگہ انہی الفاظ کا ترجمہ ’’مناسب حال‘‘ یا مناسب طور پر کیا گیا ہے۔ یہ فرق اردو میں مضمون کی وضاحت کی خاطر ہے۔ ہاں یہ یادرکھنا چاہیے کہ ’’مطابق دستور‘‘ میں دستور کا جو لفظ ہے اس کے اصل معنے تو قانون اور رواج کے ہیں۔ لیکن اردو میں کبھی یہ دستور کا لفظ Common Sense یعنی عقل عامہ کے معنوں میں بھی استعمال ہوتا ہے اور مراد یہ ہوتی ہے کہ شرفا اور عقلا کا یہی طریق ہے۔ جس کے معنے دوسرے لفظوں میں یہ ہوتے ہیں کہ عقل کا تقاضا یہی ہے۔ اس جگہ بِالۡمَعۡرُوۡفِ کے چونکہ یہی معنے ہیں اس لئے ’’مطابق دستور‘‘ کے ا
اس جگہ واؤ ہے اور واؤ کے معنے عام طور پر ’’اور‘‘ کے ہوتے ہیں‘ لیکن اردو قواعد کے مطابق ’’اور‘‘ کا لفظ اسی وقت استعمال ہو سکتا تھا کہ اس جگہ مردوں کے حقوق کا ذکر ہوتا۔ لیکن جیسا کہ ظاہر ہے اس موقعہ پر عورتوں کے حقوق کا ذکر ہے اس لئے ’’اور‘‘ سے واؤ کا ترجمہ کرنا بالکل مفہوم کو بدل دیتا ہے اور کلام کا زور عورتوں کے حقوق سے ہٹ کر مردوں کے حقوق کی طرف چلا جاتا ہے حالانکہ انداز کلام سے ظاہر ہے کہ عورتوں کو اس امر کی طرف توجہ دلائی جا رہی ہے کہ تمہارے حقوق کی حفاظت ہم نے کر دی ہے اور جس طرح مردوں کو تم پر بعض حق دئے ہیں تم کو بھی ان پر بعض حق دئے ہیں۔ ہاں یہ ضرور ہے کہ بعض
4:35.
2:235; 65:5.
Quru’ is plural of Qur’ or Qar’ which means, a time; menstruation; period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; termination of a menstruation; the period of menstruation and that of purity taken together, i.e. the whole month the time or state when a woman leaves her state of purity and enters that of menstruation (Muhit & Mufradat). Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal among the Imams of Jurisprudence held the view that Qur’ means menstruation and not the period of purity. On the contrary, ‘A’ishah and Ibn-e-‘Umar among the Companions, and Malik and Shafi‘i among the Imams of Jurisprudence held the opposite view (Muhit). Opinions being so balanced, it is open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that o
In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations: (a) A husband can divorce his wife only when she is clean, i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. (b) After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called ‘Iddat or the period of waiting. This is because this period gives the husband sufficient time to consider all the implications of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. (c) A divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. (d) For complete and irrevocable separation there should be three divorces. After the pronouncement of the first as
As far as personal rights are concerned, the husband and the wife stand on a par, but as pointed out in 4:35 men have a supervisory authority on account of the physical advantage they possess and the financial responsibility that they carry for providing for the household.
2:235; 65:5.
4:35.
Important Words:
قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).
ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).
بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).
المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.
درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).
Commentary:
In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.
The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.
The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.
A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء
the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.
a
4:35.
c
2:235; 65:5.
167
قُرُؤ (Quru’) 是 قُرْء (Qur’) 或 قَرْء (Qar’) 的复数, 意思是:一次; 月经; 月经前后的那段时间即洁净状态, 也就是说, 两次月经之间的那段时间; 一次月经的终止; 月经与沽净状态算在一起的那段时间, 即整个月份; 一个女人离开她洁净状态进入经期的时间或状态 {مُحِيْط (Muhit) 和 مُفْرَدَات (Mufradat)}。穆圣的同伴阿布•白克尔 (اَبُوْبَكر, Abu Bakr)、欧麦尔 (عُمَرْ, ‘Umar)、法理学教长阿布•哈尼法 (اَبُوْحَنِيْفَة, Abu Hanifa) 和阿哈默德•彬•汉巴尔 (اَحْمَدْ بِنْ حَنْبَلْ, Ahmad bin Hanbal) 认为 قُرْء 意指月经而不指洁净时期。与此相反, 穆圣另两位同伴阿依莎 (عَائِشَة, ‘A’ishah) 和伊本•欧麦尔 (اِبْنِ عُمَرْ, Ibn-e-‘Umar) 以及法理学教长马利克 (مٰلِكْ, Malik) 和沙斐伊 (شَافِعِیْ Shafi‘iy) 却持相反的看法 (مُحِيْط)。既然是见仁见智, 可以让一个穆斯林自己去采取两种看法中的任何一种。但是对有关争论的集体调查 (这里不必细说) 使人得到一个结论: 两种看法中第一种看来更近乎情理。虽然如此, 如果 (一个人) 要想稳当一些的话, 可以 (由他) 采用 قُرْء (Qur’), 的词义为月经洁净状态算在一起的那段时期, 即整个月份。
168
由於离婚是安拉在所有合法事情中最不愿意见到的事情 (دَاؤد), 它受到许多限制: (a) 丈夫只能在妻子洁净即月经洁净的状态时而且他在她洁净的时期与她无性关系时才能离婚。(b) 宣布离婚以后, 妻子必须等候三次月经即大约三个月的时间, 这段时间称为 عِدَّة (‘Iddat) 即等候时期。这是因为给丈夫充份的时间来考虑与他的这一行动有牵连的所有事情;假如他心中仍有一丝潜藏在那里的火花的话,他还可爱她;可以使他有再次决定的机会。(c) 离了婚的妇女如果已受孕不必对丈夫隐瞒, 因为可以认为将要出生的孩子有助于两口子重归和好。(d) 完全而不可撤回的分离, 可以有三次离婚。在第一和第二次宣布离婚后, 以及在等候时期到期前, 丈夫享有带回妻子的特权, 如果他想这样做的话。即使在等候时期结束后, 在第一和第二次离婚的情况下, 两口子仍能团圆, 只要重新结婚就可以了。
169
就个人权利而言, 夫妻是平等的。可是, 像4:35节经文指出的那样, 男人在体力方面条件较好, 又负有供养家庭的经济上的责任, 因此有管理权利。
1
حضرت ابوبکرؓ‘‘ عمرؓ‘‘ عثمانؓ‘‘ علیؓ اور ابن مسعودؓ اور امام ابوحنیفہؒ نے قُرْئٌ کے معنے حیض کے لئے ہیں اور زید بن ثابتؓ‘ حضرت عائشہؓ اور ابن عمرؓ اور مالکؒ اور شافعیؒ نے طُہر کے معنے کیے ہیں (محیط)
2
بِالْمَعْرُوْفِ کا ترجمہ یہاں ’’مطابق دستور‘‘ کیا گیا ہے۔ بعض جگہ انہی الفاظ کا ترجمہ ’’مناسب حال‘‘ یا مناسب طور پر کیا گیا ہے۔ یہ فرق اردو میں مضمون کی وضاحت کی خاطر ہے۔ ہاں یہ یادرکھنا چاہیے کہ ’’مطابق دستور‘‘ میں دستور کا جو لفظ ہے اس کے اصل معنے تو قانون اور رواج کے ہیں۔ لیکن اردو میں کبھی یہ دستور کا لفظ Common Sense یعنی عقل عامہ کے معنوں میں بھی استعمال ہوتا ہے اور مراد یہ ہوتی ہے کہ شرفا اور عقلا کا یہی طریق ہے۔ جس کے معنے دوسرے لفظوں میں یہ ہوتے ہیں کہ عقل کا تقاضا یہی ہے۔ اس جگہ بِالۡمَعۡرُوۡفِ کے چونکہ یہی معنے ہیں اس لئے ’’مطابق دستور‘‘ کے ا
3
اس جگہ واؤ ہے اور واؤ کے معنے عام طور پر ’’اور‘‘ کے ہوتے ہیں‘ لیکن اردو قواعد کے مطابق ’’اور‘‘ کا لفظ اسی وقت استعمال ہو سکتا تھا کہ اس جگہ مردوں کے حقوق کا ذکر ہوتا۔ لیکن جیسا کہ ظاہر ہے اس موقعہ پر عورتوں کے حقوق کا ذکر ہے اس لئے ’’اور‘‘ سے واؤ کا ترجمہ کرنا بالکل مفہوم کو بدل دیتا ہے اور کلام کا زور عورتوں کے حقوق سے ہٹ کر مردوں کے حقوق کی طرف چلا جاتا ہے حالانکہ انداز کلام سے ظاہر ہے کہ عورتوں کو اس امر کی طرف توجہ دلائی جا رہی ہے کہ تمہارے حقوق کی حفاظت ہم نے کر دی ہے اور جس طرح مردوں کو تم پر بعض حق دئے ہیں تم کو بھی ان پر بعض حق دئے ہیں۔ ہاں یہ ضرور ہے کہ بعض
a
2:235; 65:5.
b
4:35.
235
Important Words:
قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).
ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).
بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).
المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.
درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).
Commentary:
In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.
The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.
The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.
A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء
the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.
a
4:35.
b
2:235; 65:5.
277
Quru’ is plural of Qur’ or Qar’ which means, a time; menstruation; period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; termination of a menstruation; the period of menstruation and that of purity taken together, i.e. the whole month the time or state when a woman leaves her state of purity and enters that of menstruation (Muhit & Mufradat). Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal among the Imams of Jurisprudence held the view that Qur’ means menstruation and not the period of purity. On the contrary, ‘A’ishah and Ibn-e-‘Umar among the Companions, and Malik and Shafi‘i among the Imams of Jurisprudence held the opposite view (Muhit). Opinions being so balanced, it is open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that o
278
In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations: (a) A husband can divorce his wife only when she is clean, i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. (b) After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called ‘Iddat or the period of waiting. This is because this period gives the husband sufficient time to consider all the implications of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. (c) A divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. (d) For complete and irrevocable separation there should be three divorces. After the pronouncement of the first as
279
As far as personal rights are concerned, the husband and the wife stand on a par, but as pointed out in 4:35 men have a supervisory authority on account of the physical advantage they possess and the financial responsibility that they carry for providing for the household.
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ بِٱلْمَعْرُوفِ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
2:241.
2:229.
The ‘Iddat or the period of waiting in the case of widows is four months and ten days, which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.
The words, concerning anything that they do with regard to themselves, obviously refer to re-marriage. Elsewhere the Qur’an says, And arrange marriages for your widows (24:33).
2:241.
2:229.
Important Words:
یتوفون (who die) is derived from توفی which is derived from وفی (wafa). They say وفی بالعھد i.e. he fulfilled his promise; he was faithful in his word. وفی فلانا حقه (waffa) means, he gave him his right in full. اوفی gives both the meanings ascribed to وفی and وفی(waffa) above. توفی means, he took something in full, as they say توفی حقه i.e. he got or obtained his right in full. توفی الله زیداmeans, God took away the soul of Zaid, leaving the body behind; God caused Zaid to die. توفی فلان means, his soul was taken away, i.e. he died. In this case God is متوفی (mutawaffi) and the man who dies is متوفی (mutawaffa). الوفاة means, death (Aqrab). The Quran says: الله یتوفی الانفس حین موتھاوالتی لم تمت فی منامھا i.e. God takes away the souls of men at the time of their death; and He also takes away the souls of men that have not died, during their sleep (39:43). The Arabic idiom, which has the support of the Quranic usage, definitely shows that wherever God is فاعل (i.e. subject) and a being having a soul is مفعول به(i.e. object) the word توفی invariably means, the taking away of the soul.
Commentary:
After having dealt with the question of the remarriage of divorced women, the Quran in this verse proceeds to issue commandments regarding widows. The عدة i.e. the period of waiting in the case of widows, is four months and ten days which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.
This verse also implies a rebuke to those who are opposed to widow remarriage, thinking it to be an insult to the family and a disgrace to the widowed woman. The words, what is fair, show that it is not only lawful, but preferable and desirable, for a widow to remarry. The words, in anything that they do with regard to themselves, obviously refer to remarriage. Elsewhere the Quran says, And marry your widows (24:33).
a
2:241.
b
2:229.
180
عِدَّة (‘Iddat) 即寡妇守候四个月零十天的时期, 约略地相等于行经与洁净四次交替时期的总和。伊斯兰教给寡妇规定了较长的时期, 作为对她死了丈夫后感情上表示的一种尊重。这就增强了婚姻关系的庄严和严肃性。
181
“她们为自己所做的任何合宜的打算” 这几个字明显是指再嫁。«古兰经» 在其它地方说, “为你们的寡妇安排婚事” (24:33)。
a
2:241.
b
2:229.
241
Important Words:
یتوفون (who die) is derived from توفی which is derived from وفی (wafa). They say وفی بالعھد i.e. he fulfilled his promise; he was faithful in his word. وفی فلانا حقه (waffa) means, he gave him his right in full. اوفی gives both the meanings ascribed to وفی and وفی(waffa) above. توفی means, he took something in full, as they say توفی حقه i.e. he got or obtained his right in full. توفی الله زیداmeans, God took away the soul of Zaid, leaving the body behind; God caused Zaid to die. توفی فلان means, his soul was taken away, i.e. he died. In this case God is متوفی (mutawaffi) and the man who dies is متوفی (mutawaffa). الوفاة means, death (Aqrab). The Quran says: الله یتوفی الانفس حین موتھاوالتی لم تمت فی منامھا i.e. God takes away the souls of men at the time of their death; and He also takes away the souls of men that have not died, during their sleep (39:43). The Arabic idiom, which has the support of the Quranic usage, definitely shows that wherever God is فاعل (i.e. subject) and a being having a soul is مفعول به(i.e. object) the word توفی invariably means, the taking away of the soul.
Commentary:
After having dealt with the question of the remarriage of divorced women, the Quran in this verse proceeds to issue commandments regarding widows. The عدة i.e. the period of waiting in the case of widows, is four months and ten days which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.
This verse also implies a rebuke to those who are opposed to widow remarriage, thinking it to be an insult to the family and a disgrace to the widowed woman. The words, what is fair, show that it is not only lawful, but preferable and desirable, for a widow to remarry. The words, in anything that they do with regard to themselves, obviously refer to remarriage. Elsewhere the Quran says, And marry your widows (24:33).
a
2:241.
b
2:229.
289
The ‘Iddat or the period of waiting in the case of widows is four months and ten days, which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.
290
The words, concerning anything that they do with regard to themselves, obviously refer to re-marriage. Elsewhere the Qur’an says, And arrange marriages for your widows (24:33).