Topic: Prisoners Of
View Aspects
ثُمَّ أَنتُمْ هَٰٓؤُلَآءِ تَقْتُلُونَ أَنفُسَكُمْ وَتُخْرِجُونَ فَرِيقًا مِّنكُم مِّن دِيَٰرِهِمْ تَظَٰهَرُونَ عَلَيْهِم بِٱلْإِثْمِ وَٱلْعُدْوَٰنِ وَإِن يَأْتُوكُمْ أُسَٰرَىٰ تُفَٰدُوهُمْ وَهُوَ مُحَرَّمٌ عَلَيْكُمْ إِخْرَاجُهُمْ ۚ أَفَتُؤْمِنُونَ بِبَعْضِ ٱلْكِتَٰبِ وَتَكْفُرُونَ بِبَعْضٍ ۚ فَمَا جَزَآءُ مَن يَفْعَلُ ذَٰلِكَ مِنكُمْ إِلَّا خِزْىٌ فِى ٱلْحَيَوٰةِ ٱلدُّنْيَا ۖ وَيَوْمَ ٱلْقِيَٰمَةِ يُرَدُّونَ إِلَىٰٓ أَشَدِّ ٱلْعَذَابِ ۗ وَمَا ٱللَّهُ بِغَٰفِلٍ عَمَّا تَعْمَلُونَ
There lived in Medina in the time of the Holy Prophet three Jewish tribes, the Banu Qainuqa‘, the Banu Nadir and the Banu Quraizah; and two pagan tribes, the Aus and the Khazraj. Two of the Jewish tribes, Banu Qainuqa‘ and Banu Quraizah, sided with the Aus, and Banu Nadir with the Khazraj. Thus, whenever these pagan clans were at war with each other, the Jewish tribes were automatically involved. But, if during a war any Jews were taken prisoner by the pagans, the former would collect money by subscription and ransom them. They considered it improper for a Jew to remain in bondage with a Gentile. The Qur’an objects to this practice by saying that their Faith not only forbids the enslavement of Jews, but also prohibits mutual warfare and murder in which they openly indulged and there could be nothing worse than to accept a portion of a Scripture and reject the rest; for, when one accepts a portion of a Scripture, it is proof of the fact that one is convinced of the truth of the whole. Thus rejection o
See under 2:87.
92
See under 2:87.
118
There lived in Medina in the time of the Holy Prophet three Jewish tribes, the Banu Qainuqa‘, the Banu Nadir and the Banu Quraizah; and two pagan tribes, the Aus and the Khazraj. Two of the Jewish tribes, Banu Qainuqa‘ and Banu Quraizah, sided with the Aus, and Banu Nadir with the Khazraj. Thus, whenever these pagan clans were at war with each other, the Jewish tribes were automatically involved. But, if during a war any Jews were taken prisoner by the pagans, the former would collect money by subscription and ransom them. They considered it improper for a Jew to remain in bondage with a Gentile. The Qur’an objects to this practice by saying that their Faith not only forbids the enslavement of Jews, but also prohibits mutual warfare and murder in which they openly indulged and there could be nothing worse than to accept a portion of a Scripture and reject the rest; for, when one accepts a portion of a Scripture, it is proof of the fact that one is convinced of the truth of the whole. Thus rejection o
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا۟ فِى ٱلْيَتَٰمَىٰ فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ ذَٰلِكَ أَدْنَىٰٓ أَلَّا تَعُولُوا۟
4:130.
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
4:130.
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
4:130.
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
a
4:130.
310
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
311
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
2
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
3
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
b
4:130.
486
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
b
4:130.
560
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
561
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
562
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:26; 5:6.
4:5; 60:11.
تَمَتَّعَ بِالْمَرْأَةِ (Tamatta‘a bil Mar’ati) 意指他从妇女那里得到暂时的好处。اِسْتَمْتَعَ بِكَذَا (Istamta‘a bi Kadha) 意指他从中长期得益。阿拉伯习俗不允许把 اِسْتِمْتَاعْ (Istimt‘a)作 “暂时的关系” 这意思来用于妇女 (لِسَانْ, Lisan)。还可以注意到的是, 正如上面例句中那样, 每当名词 تَمَتُّعْ (Tamattu‘) 用来表明妇女的暂时性关系时, 后接置于代表妇女这词之前的介词 ب (ba’)。一位阿拉伯诗人说, تَمَتَّعْ بِهَا مَا سَاعَفَتْكَ وَ لَا تَكُنْ عَلَيْكَ شَجًا فِی الْحَلْقِ حِيْنَ تَبِيْنُ (Tamatt‘a biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu) (حَمَاسَة, Hamasah), 即只要她合你的意, 可从她得益, 但当她与你分离时, 不要让她像骨梗在喉般地成为你经久烦恼的祸根。可是在本节经文中, هُنَّ (Hunna) 这个指妇女们的代词之前置有介词 مِنْ (min)。对 مُتْعَة (Mut‘ah) 的误解, 看来是对 تَمَتُّعْ(Tamattu‘) 与 اِسْتِمْتَاعْ (Istimta‘)两词之间的差别未能理解而引起。 (لِسَانْ, Lisan) 的作者引述 زَجَّاجْ (Zajjaj) 说: “由于他们对阿拉伯语的无知, 有些人根据这节经文推断出 مُتْعَة (Mut‘ah) 的合法性, 而伊斯兰宗教学家之间意见一致, 声称不合法, فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ (Fa-mastamta‘tum bihi Minhunna) 这个词语的简单的意思是依照上述条文所履行的婚姻。” 如果在这里早对 مُتْعَة (Mut‘ah) 加以注意的话, 所用的介词应该是 ب (ba’), 而不是 مِنْ (min)。而且, 所用的词是 اِسْتَمْتَعَ (Istamta‘a), 而不是与此具有不同意义的 تَمَتَّعَ (Tamatta‘a)。也不能从 اُجُوْرَهُنَّ (Ujurahunna) 这词得出有利于 مُتْعَة (Mut‘ah) 的推断; اُجُوْرَهُنَّ (Ujurahunna) 的意思是 “她们的嫁妆”, 这在 «古兰经» 33:51中也表示过。因此 «古兰经» 断然禁止 مُتْعَة (Mut‘ah) 并把超出正式婚姻之外的两性关系看作通奸。
مراد یہ ہے کہ وہ عورتیں جن سے نکاح جائز ہے وہ تو نکاح کے بعد جائز ہوں گی اور پہلی لسٹ والی عورتیں نکاح کے ساتھ بھی جائز نہیں ہو سکتیں‘ ہاں جنگی قیدی عورتیں نکاح کے ساتھ جائز ہو سکتی ہیں۔ اور جب ان کو کوئی نہ چھڑوائے تو ان کی اجازت کی ضرورت نہیں۔ قومی اخلاق کو درست رکھنے کے لئے حکومت ان کا ولی مقرر کرکے ان کا نکاح کر سکتی ہے۔
یہ مطلب نہیں کہ مومن زنا کرے گا‘ بلکہ مطلب یہ ہے کہ ہم مومن سے یہی امید کرتے ہیں کہ وہ شادی کے وقت سب تقویٰ کی راہوں کو مدنظر رکھے گا۔ اور زنا کی صورت کے قریب نہ جائے گا۔
4:26; 5:6.
4:5; 60:11.
Muhsanat is the plural of Muhsanah which means, a married woman; a free woman; a chaste woman (Lane).
This means that whereas a woman who is already married to a man cannot be taken in marriage by another person, an exception is made here in case of women who are taken prisoner in a war waged by a non-Muslim State against an Islamic State. This is the significance of the words Ma Malakat Aimanukum. Such married women, if they become converted to Islam and therefore could not be sent back to their non-Muslim husbands, may be married to Muslim husbands. For a detailed note on "What your right hands possess" see {561}.
Tamatta‘a bil Mar’ati means, he benefited by the woman temporarily. Istamta‘a bi Kadha means, he benefited by it for a long time. The Arabic idiom does not countenance the use of Istimta‘ with regard to a woman in the sense of temporary connection (Lisan). It may also be noted that whenever the noun Tamattu‘ is used to denote temporary connection with a woman, it is followed by the preposition ba’ put before the word standing for the woman, as in the above example. An Arab poet says, Tamatta‘ biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu (Hamasah), i.e. be benefited by her as long as she is agreeable to you, but when she gets separated from you, do not let her be a source of constant trouble for you like a piece of bone which remains stuck in the throat. But in this verse the pronoun Hunna referring to women is preceded by the preposition min. Misunderstanding about Mut‘ah seems to have arisen from the f
4:26; 5:6.
4:5; 60:11.
Important Words:
المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).
مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).
اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.
استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.
ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.
Commentary:
The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.
It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.
The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."
According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.
Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).
On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.
a
4:26; 5:6.
b
4:5; 60:11.
323
تَمَتَّعَ بِالْمَرْأَةِ (Tamatta‘a bil Mar’ati) 意指他从妇女那里得到暂时的好处。اِسْتَمْتَعَ بِكَذَا (Istamta‘a bi Kadha) 意指他从中长期得益。阿拉伯习俗不允许把 اِسْتِمْتَاعْ (Istimt‘a)作 “暂时的关系” 这意思来用于妇女 (لِسَانْ, Lisan)。还可以注意到的是, 正如上面例句中那样, 每当名词 تَمَتُّعْ (Tamattu‘) 用来表明妇女的暂时性关系时, 后接置于代表妇女这词之前的介词 ب (ba’)。一位阿拉伯诗人说, تَمَتَّعْ بِهَا مَا سَاعَفَتْكَ وَ لَا تَكُنْ عَلَيْكَ شَجًا فِی الْحَلْقِ حِيْنَ تَبِيْنُ (Tamatt‘a biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu) (حَمَاسَة, Hamasah), 即只要她合你的意, 可从她得益, 但当她与你分离时, 不要让她像骨梗在喉般地成为你经久烦恼的祸根。可是在本节经文中, هُنَّ (Hunna) 这个指妇女们的代词之前置有介词 مِنْ (min)。对 مُتْعَة (Mut‘ah) 的误解, 看来是对 تَمَتُّعْ(Tamattu‘) 与 اِسْتِمْتَاعْ (Istimta‘)两词之间的差别未能理解而引起。 (لِسَانْ, Lisan) 的作者引述 زَجَّاجْ (Zajjaj) 说: “由于他们对阿拉伯语的无知, 有些人根据这节经文推断出 مُتْعَة (Mut‘ah) 的合法性, 而伊斯兰宗教学家之间意见一致, 声称不合法, فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ (Fa-mastamta‘tum bihi Minhunna) 这个词语的简单的意思是依照上述条文所履行的婚姻。” 如果在这里早对 مُتْعَة (Mut‘ah) 加以注意的话, 所用的介词应该是 ب (ba’), 而不是 مِنْ (min)。而且, 所用的词是 اِسْتَمْتَعَ (Istamta‘a), 而不是与此具有不同意义的 تَمَتَّعَ (Tamatta‘a)。也不能从 اُجُوْرَهُنَّ (Ujurahunna) 这词得出有利于 مُتْعَة (Mut‘ah) 的推断; اُجُوْرَهُنَّ (Ujurahunna) 的意思是 “她们的嫁妆”, 这在 «古兰经» 33:51中也表示过。因此 «古兰经» 断然禁止 مُتْعَة (Mut‘ah) 并把超出正式婚姻之外的两性关系看作通奸。
1
مراد یہ ہے کہ وہ عورتیں جن سے نکاح جائز ہے وہ تو نکاح کے بعد جائز ہوں گی اور پہلی لسٹ والی عورتیں نکاح کے ساتھ بھی جائز نہیں ہو سکتیں‘ ہاں جنگی قیدی عورتیں نکاح کے ساتھ جائز ہو سکتی ہیں۔ اور جب ان کو کوئی نہ چھڑوائے تو ان کی اجازت کی ضرورت نہیں۔ قومی اخلاق کو درست رکھنے کے لئے حکومت ان کا ولی مقرر کرکے ان کا نکاح کر سکتی ہے۔
2
یہ مطلب نہیں کہ مومن زنا کرے گا‘ بلکہ مطلب یہ ہے کہ ہم مومن سے یہی امید کرتے ہیں کہ وہ شادی کے وقت سب تقویٰ کی راہوں کو مدنظر رکھے گا۔ اور زنا کی صورت کے قریب نہ جائے گا۔
a
4:26; 5:6.
b
4:5; 60:11.
504
Important Words:
المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).
مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).
اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.
استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.
ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.
Commentary:
The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.
It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.
The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."
According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.
Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).
On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.
a
4:26; 5:6.
b
4:5; 60:11.
588
Muhsanat is the plural of Muhsanah which means, a married woman; a free woman; a chaste woman (Lane).
589
This means that whereas a woman who is already married to a man cannot be taken in marriage by another person, an exception is made here in case of women who are taken prisoner in a war waged by a non-Muslim State against an Islamic State. This is the significance of the words Ma Malakat Aimanukum. Such married women, if they become converted to Islam and therefore could not be sent back to their non-Muslim husbands, may be married to Muslim husbands. For a detailed note on "What your right hands possess" see {561}.
590
Tamatta‘a bil Mar’ati means, he benefited by the woman temporarily. Istamta‘a bi Kadha means, he benefited by it for a long time. The Arabic idiom does not countenance the use of Istimta‘ with regard to a woman in the sense of temporary connection (Lisan). It may also be noted that whenever the noun Tamattu‘ is used to denote temporary connection with a woman, it is followed by the preposition ba’ put before the word standing for the woman, as in the above example. An Arab poet says, Tamatta‘ biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu (Hamasah), i.e. be benefited by her as long as she is agreeable to you, but when she gets separated from you, do not let her be a source of constant trouble for you like a piece of bone which remains stuck in the throat. But in this verse the pronoun Hunna referring to women is preceded by the preposition min. Misunderstanding about Mut‘ah seems to have arisen from the f
مَا كَانَ لِنَبِىٍّ أَن يَكُونَ لَهُۥٓ أَسْرَىٰ حَتَّىٰ يُثْخِنَ فِى ٱلْأَرْضِ ۚ تُرِيدُونَ عَرَضَ ٱلدُّنْيَا وَٱللَّهُ يُرِيدُ ٱلْءَاخِرَةَ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
اس سے یہ مرادنہیں کہ نبی خون ریزی کرے۔ کیوں کہ اس کے خلاف قرآن میں تعلیم پائی جاتی ہے اس آیت کاصرف یہ مطلب ہے کہ دشمنوں کے حملوں کے نتیجہ میں وہ خونریزی پر مجبور ہو جائے۔ تو پھر قیدی بنائے۔ ورنہ نہیں غرض زیادہ زور اس بات پر ہے کہ بغیر خون ریز جنگ کے قیدی پکڑنے ناجائز ہیں دو قوموں میں شدید جنگ ہو تو اس کے بعد قیدی پکڑنے جائز ہو سکتے ہیں۔
47:5.
4:95.
The verse lays down the general rule that captives should not be taken unless there is regular fighting and the enemy is completely overpowered. It cuts at the root of slavery. Only those, who take part in war in order to destroy Islam and are defeated, can be made prisoner. See also {2739}.
47:5.
4:95.
Important Words:
اسری (captives) is the plural of اسیر (a captive) which is derived from اسر. They say اسره i.e. he bound or tied him, or he made him a captive or took him a prisoner. اسیر means, one shackled or imprisoned; a captive (Lane).
یثخن (he engages in a regular fighting) is derived from ثخن (thakhuna) or ثخن (thakhana) which means, it was thick or coarse or hard. اثخنه means, he rendered it thick; or he rendered him heavy or languid or enervated; or he overcame him and inflicted many wounds on him. اثخن فی العدو means, he made a great slaughter or a great wounding among the enemy. اثخن فی الارض means, he made much slaughter in the earth or the land; or he fought vehemently in the earth (Lane). The expression حتی یثخن فی الارض would thus mean, till he (the Prophet) has had a regular fighting in the land, inflicting wounds on the enemy.
Commentary:
It was a practice among pre-Islamic Arabs (and it is regrettable that the practice still continues in some parts of the world) to take men captives even if there was no war and no fighting, and then to make them slaves. The verse abolishes this evil custom and lays down in clear words that it is only in war and after regular fighting that enemy combatants can be taken prisoner and that it is not lawful to take any person captive when there is no war and there has been no fighting.
The verse has been very wrongly interpreted. It is said that when the Muslims took some men of the Meccan army captives at Badr, the Holy Prophet took counsel with his Companions as to what should be done with them. ‘Umar suggested that they should be put to death, while Abu Bakr proposed that they should be released after accepting ransom from them. The Holy
Prophet accepted the suggestion of Abu Bakr and the prisoners were released for ransom. But it is alleged that by revealing this verse, God expressed His disapproval of the Holy Prophet’s action, declaring that the captives ought to have been put to death and no ransom should have been taken for them. This interpretation, however, is obviously wrong; firstly, because God had so far sent down no commandment forbidding the release of prisoners for ransom, and, therefore, He could not reprove the Holy Prophet for accepting ransom; secondly, because the Holy Prophet had already accepted ransom for two persons taken captive at Nakhlah prior to the Battle of Badr, and God had not disapproved of this action of his; thirdly, because only two verses later God permits Muslims to eat of that which you have won in war as lawful and good (8:70). It is simply inconceivable that God should have reproved the Holy Prophet for having accepted ransom and then at the same time declared the money so taken to be lawful and good. This interpretation is, therefore, obviously wrong and the verse is only intended to lay down a general rule that captives should not be taken until there has been regular fighting and the enemy has been overpowered by the infliction of wounds.
b
47:5.
c
4:95.
552
这节经文制定了一个总的规则: 只能在正式战争中, 在敌人彻底打垮时, 才能俘虏敌人。这根除了奴隶制。只有参加意欲消灭伊斯兰教的战争而被打败的那些人可作战俘。读注释1258。
1
اس سے یہ مرادنہیں کہ نبی خون ریزی کرے۔ کیوں کہ اس کے خلاف قرآن میں تعلیم پائی جاتی ہے اس آیت کاصرف یہ مطلب ہے کہ دشمنوں کے حملوں کے نتیجہ میں وہ خونریزی پر مجبور ہو جائے۔ تو پھر قیدی بنائے۔ ورنہ نہیں غرض زیادہ زور اس بات پر ہے کہ بغیر خون ریز جنگ کے قیدی پکڑنے ناجائز ہیں دو قوموں میں شدید جنگ ہو تو اس کے بعد قیدی پکڑنے جائز ہو سکتے ہیں۔
a
47:5.
b
4:95.
1155
Important Words:
اسری (captives) is the plural of اسیر (a captive) which is derived from اسر. They say اسره i.e. he bound or tied him, or he made him a captive or took him a prisoner. اسیر means, one shackled or imprisoned; a captive (Lane).
یثخن (he engages in a regular fighting) is derived from ثخن (thakhuna) or ثخن (thakhana) which means, it was thick or coarse or hard. اثخنه means, he rendered it thick; or he rendered him heavy or languid or enervated; or he overcame him and inflicted many wounds on him. اثخن فی العدو means, he made a great slaughter or a great wounding among the enemy. اثخن فی الارض means, he made much slaughter in the earth or the land; or he fought vehemently in the earth (Lane). The expression حتی یثخن فی الارض would thus mean, till he (the Prophet) has had a regular fighting in the land, inflicting wounds on the enemy.
Commentary:
It was a practice among pre-Islamic Arabs (and it is regrettable that the practice still continues in some parts of the world) to take men captives even if there was no war and no fighting, and then to make them slaves. The verse abolishes this evil custom and lays down in clear words that it is only in war and after regular fighting that enemy combatants can be taken prisoner and that it is not lawful to take any person captive when there is no war and there has been no fighting.
The verse has been very wrongly interpreted. It is said that when the Muslims took some men of the Meccan army captives at Badr, the Holy Prophet took counsel with his Companions as to what should be done with them. ‘Umar suggested that they should be put to death, while Abu Bakr proposed that they should be released after accepting ransom from them. The Holy
Prophet accepted the suggestion of Abu Bakr and the prisoners were released for ransom. But it is alleged that by revealing this verse, God expressed His disapproval of the Holy Prophet’s action, declaring that the captives ought to have been put to death and no ransom should have been taken for them. This interpretation, however, is obviously wrong; firstly, because God had so far sent down no commandment forbidding the release of prisoners for ransom, and, therefore, He could not reprove the Holy Prophet for accepting ransom; secondly, because the Holy Prophet had already accepted ransom for two persons taken captive at Nakhlah prior to the Battle of Badr, and God had not disapproved of this action of his; thirdly, because only two verses later God permits Muslims to eat of that which you have won in war as lawful and good (8:70). It is simply inconceivable that God should have reproved the Holy Prophet for having accepted ransom and then at the same time declared the money so taken to be lawful and good. This interpretation is, therefore, obviously wrong and the verse is only intended to lay down a general rule that captives should not be taken until there has been regular fighting and the enemy has been overpowered by the infliction of wounds.
a
47:5.
b
4:95.
1144
The verse lays down the general rule that captives should not be taken unless there is regular fighting and the enemy is completely overpowered. It cuts at the root of slavery. Only those, who take part in war in order to destroy Islam and are defeated, can be made prisoner. See also {2739}.
يَٰٓأَيُّهَا ٱلنَّبِىُّ قُل لِّمَن فِىٓ أَيْدِيكُم مِّنَ ٱلْأَسْرَىٰٓ إِن يَعْلَمِ ٱللَّهُ فِى قُلُوبِكُمْ خَيْرًا يُؤْتِكُمْ خَيْرًا مِّمَّآ أُخِذَ مِنكُمْ وَيَغْفِرْ لَكُمْ ۗ وَٱللَّهُ غَفُورٌ رَّحِيمٌ
‘Abbas, the Prophet’s uncle was taken prisoner at Badr. When subsequently he embraced Islam and came over to the Holy Prophet, he requested, on the authority of the verse under comment, that as God had promised to give the prisoners more than was taken from them as ransom, the promise may be fulfilled in his case. The Holy Prophet granted his request (Jarir, x. 31).
Commentary:
The words of this verse, addressed to the Meccan prisoners in the hands of the Muslims, are meant by way of consolation. If they have been made to pay ransom for their release, they should not grieve, for if God sees some good in their hearts, He will not only forgive them their past errors but will also amply repay them for their financial loss. One of the prisoners taken at Badr was ‘Abbas, an uncle of the Holy Prophet. Some Muslims recommended him to the Holy Prophet for a free release in consideration of his near relationship to the Prophet and of his being a believer at heart, but the Holy Prophet refused to make any exception in his favour and declared that like other prisoners, he too should pay ransom for his release. When, however, he subsequently embraced Islam openly and came over to the Holy Prophet, he requested, on the basis of the verse under comment, that as God had promised to give the prisoners more than was taken from them as ransom, the promise may be fulfilled in his case, and the Holy Prophet granted his request (Jarir, x. 31).
1158
Commentary:
The words of this verse, addressed to the Meccan prisoners in the hands of the Muslims, are meant by way of consolation. If they have been made to pay ransom for their release, they should not grieve, for if God sees some good in their hearts, He will not only forgive them their past errors but will also amply repay them for their financial loss. One of the prisoners taken at Badr was ‘Abbas, an uncle of the Holy Prophet. Some Muslims recommended him to the Holy Prophet for a free release in consideration of his near relationship to the Prophet and of his being a believer at heart, but the Holy Prophet refused to make any exception in his favour and declared that like other prisoners, he too should pay ransom for his release. When, however, he subsequently embraced Islam openly and came over to the Holy Prophet, he requested, on the basis of the verse under comment, that as God had promised to give the prisoners more than was taken from them as ransom, the promise may be fulfilled in his case, and the Holy Prophet granted his request (Jarir, x. 31).
1146
‘Abbas, the Prophet’s uncle was taken prisoner at Badr. When subsequently he embraced Islam and came over to the Holy Prophet, he requested, on the authority of the verse under comment, that as God had promised to give the prisoners more than was taken from them as ransom, the promise may be fulfilled in his case. The Holy Prophet granted his request (Jarir, x. 31).
وَإِن يُرِيدُوا۟ خِيَانَتَكَ فَقَدْ خَانُوا۟ ٱللَّهَ مِن قَبْلُ فَأَمْكَنَ مِنْهُمْ ۗ وَٱللَّهُ عَلِيمٌ حَكِيمٌ
Commentary:
The treacherous dealing mentioned here is that disbelievers should do evil in return for the kindness shown to them. As was the custom in Arabia, pre-Islamic Arabs used to slay their powerful enemies, whenever they fell into their hands. The verse, therefore, signifies that if the enemies of Islam proved treacherous, God would give Muslims power over them again; so it is not necessary for Muslims to put their prisoners to death as pre-Islamic Arabs used to do.
God knew that the time was soon coming when the disbelievers would embrace Islam, hence the injunction to spare their lives and to treat them with kindness, for was not God "All-Knowing, Wise"?
1159
Commentary:
The treacherous dealing mentioned here is that disbelievers should do evil in return for the kindness shown to them. As was the custom in Arabia, pre-Islamic Arabs used to slay their powerful enemies, whenever they fell into their hands. The verse, therefore, signifies that if the enemies of Islam proved treacherous, God would give Muslims power over them again; so it is not necessary for Muslims to put their prisoners to death as pre-Islamic Arabs used to do.
God knew that the time was soon coming when the disbelievers would embrace Islam, hence the injunction to spare their lives and to treat them with kindness, for was not God "All-Knowing, Wise"?
وَإِنْ أَحَدٌ مِّنَ ٱلْمُشْرِكِينَ ٱسْتَجَارَكَ فَأَجِرْهُ حَتَّىٰ يَسْمَعَ كَلَٰمَ ٱللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُۥ ۚ ذَٰلِكَ بِأَنَّهُمْ قَوْمٌ لَّا يَعْلَمُونَ
这节经文清楚地证明了这样一个事实, 对多神教徒作战并不是为了强迫他们信仰伊斯兰教。因为按照伊斯兰教教导, 即使在战争状态时, 允许多神教徒来到穆斯林军营或司令部, 如果他们愿意研究一下真理的话。然后, 在把真理讲给他们听而他们知道了伊斯兰教的教义之后, 如果他们并不想信仰这一个新宗教, 那么, 就安全地遣送他们到安全的地方去。在如此清楚的教义面前, 如果还要指控伊斯兰教不容异教或使用或默许武力来传教的话, 那真是太不公正了。
The verse clearly establishes the fact that war with idolaters was not undertaken in order to force them to embrace Islam, because, according to it, even when a state of war existed, idolaters were to be permitted to come to the Muslims’ camp or Headquarters if they desired to investigate the truth. Then, after the truth had been preached to them and they had been acquainted with the teachings of Islam, they were to be safely conducted to their place of security, if they did not feel inclined to embrace the new Faith. In the face of such clear teachings, it is the height of injustice to accuse Islam of intolerance or of using or conniving at force; for its propagation.
Commentary:
This verse clearly establishes the fact that war with idolaters was not undertaken to force them to embrace Islam, because, according to it, even when a state of war existed idolaters were to be permitted to come to the Muslim camp or the Muslim headquarters if they desired to investigate the truth. Then, after the truth had been preached to them and they had been acquainted with the teachings of Islam, they were to be safely conveyed to their place of security, if they did not feel inclined to embrace the new Faith. In the face of such clear teachings, it is the height of injustice to accuse Islam of intolerance or of allowing compulsion for the propagation of its teaching.
558
这节经文清楚地证明了这样一个事实, 对多神教徒作战并不是为了强迫他们信仰伊斯兰教。因为按照伊斯兰教教导, 即使在战争状态时, 允许多神教徒来到穆斯林军营或司令部, 如果他们愿意研究一下真理的话。然后, 在把真理讲给他们听而他们知道了伊斯兰教的教义之后, 如果他们并不想信仰这一个新宗教, 那么, 就安全地遣送他们到安全的地方去。在如此清楚的教义面前, 如果还要指控伊斯兰教不容异教或使用或默许武力来传教的话, 那真是太不公正了。
1169
Commentary:
This verse clearly establishes the fact that war with idolaters was not undertaken to force them to embrace Islam, because, according to it, even when a state of war existed idolaters were to be permitted to come to the Muslim camp or the Muslim headquarters if they desired to investigate the truth. Then, after the truth had been preached to them and they had been acquainted with the teachings of Islam, they were to be safely conveyed to their place of security, if they did not feel inclined to embrace the new Faith. In the face of such clear teachings, it is the height of injustice to accuse Islam of intolerance or of allowing compulsion for the propagation of its teaching.
1158
The verse clearly establishes the fact that war with idolaters was not undertaken in order to force them to embrace Islam, because, according to it, even when a state of war existed, idolaters were to be permitted to come to the Muslims’ camp or Headquarters if they desired to investigate the truth. Then, after the truth had been preached to them and they had been acquainted with the teachings of Islam, they were to be safely conducted to their place of security, if they did not feel inclined to embrace the new Faith. In the face of such clear teachings, it is the height of injustice to accuse Islam of intolerance or of using or conniving at force; for its propagation.
وَإِن فَاتَكُمْ شَىْءٌ مِّنْ أَزْوَٰجِكُمْ إِلَى ٱلْكُفَّارِ فَعَاقَبْتُمْ فَـَٔاتُوا۟ ٱلَّذِينَ ذَهَبَتْ أَزْوَٰجُهُم مِّثْلَ مَآ أَنفَقُوا۟ ۚ وَٱتَّقُوا۟ ٱللَّهَ ٱلَّذِىٓ أَنتُم بِهِۦ مُؤْمِنُونَ
如果一个穆斯林的妻子逃到不信者那儿, 之后, 不信者的一个妇女被穆斯林俘获, 或她从不信者那儿逃来加入穆斯林社会, 那么, 信真主的丈夫婚前送给现在逃跑的妻子的彩礼的损失可以弥补, 那是该由那妻子加入了穆斯林社会的丈夫所出的一笔钱 (假如双方婚前彩礼相等)。如有差额, 由穆斯林集体补足, 或像有的权威学者所说的那样, 从国家所有的战利品中提取。عَاقَبْتُمْ (‘Aqabtum) 还有 غَنِمْتُمْ (Ghanimtum) 的意思, 就是:你得到了战利品。这样的安排是必要的, 因为不信者有可能拒绝归还信真主的丈夫送给妻子的婚前彩礼, 虽然妻子逃跑到他那里。
یعنی جو مسلمان اپنی بیویوں کے فرار یا جنگی قیدی بن جانے کی وجہ سے نقصان اٹھائیں حکومت اس کا بدلہ کافر جنگی قیدی کی صورت میں ادا نہ کرے بلکہ اپنی طرف سے مالی نقصان کا معاوضہ ادا کرے تا عورت کی جو عزت اسلام قائم کرنا چاہتا ہے اس کو ٹھیس نہ لگے۔
If the wife of a Muslim deserts to disbelievers and thereafter a woman from among disbelievers is taken prisoner by the Muslims, or she flees from disbelievers and joins the Muslim Community, then the believing husband is to be compensated from the loss of the dowry paid by him to his deserting wife from the sum due to the disbelieving husband whose wife has joined the Muslim Community if the dowries are equal, but the deficiency, if any, is to be made up collectively by Muslims, or, as some authorities say, from the booty acquired by the State, the word ‘Aqabtum also meaning Ghanimtum, i.e. you have acquired booty. This arrangement was necessary as disbelievers would refuse to return the dowries paid by their believing husbands to the women who had deserted to the former.
Important Words:
عاقبتم (you have your turn) is derived from عقب. They say عقب الرجل i.e. he took from the man’s property the like of what the latter had taken from him. عاقبه means, he did a thing with the man alternately and taking his turn; he retaliated (Lane & Aqrab).
Commentary:
If the wife of a Muslim deserts to disbelievers and thereafter a woman from among disbelievers is taken by Muslims as prisoner of war, or she flees from disbelievers and joins the Muslim Community, then the believing husband is to be compensated for the loss of the dowry paid by him to his deserting wife from the sum due to the disbelieving husband whose wife has joined the Muslim Community if the dowries are equal, but the deficiency, if any, is to be made up collectively by Muslims, or, as some authorities say, from the booty acquired by Muslims in war; the word عاقبتم meaning غنمتم i.e. you have acquired booty. This arrangement was necessary as disbelievers refused to return the dowries paid by their believing husbands to the women who had deserted to them.
1416
如果一个穆斯林的妻子逃到不信者那儿, 之后, 不信者的一个妇女被穆斯林俘获, 或她从不信者那儿逃来加入穆斯林社会, 那么, 信真主的丈夫婚前送给现在逃跑的妻子的彩礼的损失可以弥补, 那是该由那妻子加入了穆斯林社会的丈夫所出的一笔钱 (假如双方婚前彩礼相等)。如有差额, 由穆斯林集体补足, 或像有的权威学者所说的那样, 从国家所有的战利品中提取。عَاقَبْتُمْ (‘Aqabtum) 还有 غَنِمْتُمْ (Ghanimtum) 的意思, 就是:你得到了战利品。这样的安排是必要的, 因为不信者有可能拒绝归还信真主的丈夫送给妻子的婚前彩礼, 虽然妻子逃跑到他那里。
2
یعنی جو مسلمان اپنی بیویوں کے فرار یا جنگی قیدی بن جانے کی وجہ سے نقصان اٹھائیں حکومت اس کا بدلہ کافر جنگی قیدی کی صورت میں ادا نہ کرے بلکہ اپنی طرف سے مالی نقصان کا معاوضہ ادا کرے تا عورت کی جو عزت اسلام قائم کرنا چاہتا ہے اس کو ٹھیس نہ لگے۔
4219
Important Words:
عاقبتم (you have your turn) is derived from عقب. They say عقب الرجل i.e. he took from the man’s property the like of what the latter had taken from him. عاقبه means, he did a thing with the man alternately and taking his turn; he retaliated (Lane & Aqrab).
Commentary:
If the wife of a Muslim deserts to disbelievers and thereafter a woman from among disbelievers is taken by Muslims as prisoner of war, or she flees from disbelievers and joins the Muslim Community, then the believing husband is to be compensated for the loss of the dowry paid by him to his deserting wife from the sum due to the disbelieving husband whose wife has joined the Muslim Community if the dowries are equal, but the deficiency, if any, is to be made up collectively by Muslims, or, as some authorities say, from the booty acquired by Muslims in war; the word عاقبتم meaning غنمتم i.e. you have acquired booty. This arrangement was necessary as disbelievers refused to return the dowries paid by their believing husbands to the women who had deserted to them.
3032
If the wife of a Muslim deserts to disbelievers and thereafter a woman from among disbelievers is taken prisoner by the Muslims, or she flees from disbelievers and joins the Muslim Community, then the believing husband is to be compensated from the loss of the dowry paid by him to his deserting wife from the sum due to the disbelieving husband whose wife has joined the Muslim Community if the dowries are equal, but the deficiency, if any, is to be made up collectively by Muslims, or, as some authorities say, from the booty acquired by the State, the word ‘Aqabtum also meaning Ghanimtum, i.e. you have acquired booty. This arrangement was necessary as disbelievers would refuse to return the dowries paid by their believing husbands to the women who had deserted to the former.
وَيُطْعِمُونَ ٱلطَّعَامَ عَلَىٰ حُبِّهِۦ مِسْكِينًا وَيَتِيمًا وَأَسِيرًا
90:15-17.
90:15-17.
The verse may mean, (1) because the righteous believers love God, so in order to win His pleasure they feed the poor and the captives. (2) They feed the poor for the sake of feeding them, i.e. they do the good act of feeding the poor for the sake of doing good, seeking no reward, appreciation or approbation for what they do. (3) They feed the poor while they themselves love the money which they spend on them. (4) They feed the poor with wholesome and agreeable food, Ta‘am meaning agreeable and wholesome food (Lane).
2:178; 90:15-17.
Important Words:
طعام (food) is inf. noun from طعم i.e. he tasted or ate. طعام means, food; wholesome and agreeable food which satisfies the eater. They say ما یطعم آکل ھذا الطعام i.e. the eater of this food does not become satisfied (Lane).
Commentary:
The verse may mean: (1) Because they love God, so, in order to win His pleasure, they feed the poor and the captives. (2) They feed the poor for the sake of feeding them, i.e. they do the good act of feeding for the sake of doing good, seeking no reward, appreciation or approbation for what they do. (3) They feed the poor while they themselves need the money which they spend on others. The verse also signifies that the righteous believers give the poor wholesome and agreeable food, طعام meaning agreeable and wholesome food (Lane). This implies that the believers are expected to give in charity the things they love most. Elsewhere the Quran says: "You cannot attain to righteousness unless you spend in the way of Allah out of that which you love best (3:93).
a
90:15-17.
a
2:178; 90:15-17.
4485
Important Words:
طعام (food) is inf. noun from طعم i.e. he tasted or ate. طعام means, food; wholesome and agreeable food which satisfies the eater. They say ما یطعم آکل ھذا الطعام i.e. the eater of this food does not become satisfied (Lane).
Commentary:
The verse may mean: (1) Because they love God, so, in order to win His pleasure, they feed the poor and the captives. (2) They feed the poor for the sake of feeding them, i.e. they do the good act of feeding for the sake of doing good, seeking no reward, appreciation or approbation for what they do. (3) They feed the poor while they themselves need the money which they spend on others. The verse also signifies that the righteous believers give the poor wholesome and agreeable food, طعام meaning agreeable and wholesome food (Lane). This implies that the believers are expected to give in charity the things they love most. Elsewhere the Quran says: "You cannot attain to righteousness unless you spend in the way of Allah out of that which you love best (3:93).
a
90:15-17.
3194
The verse may mean, (1) because the righteous believers love God, so in order to win His pleasure they feed the poor and the captives. (2) They feed the poor for the sake of feeding them, i.e. they do the good act of feeding the poor for the sake of doing good, seeking no reward, appreciation or approbation for what they do. (3) They feed the poor while they themselves love the money which they spend on them. (4) They feed the poor with wholesome and agreeable food, Ta‘am meaning agreeable and wholesome food (Lane).