Topic: Wives
View Aspects
وَبَشِّرِ ٱلَّذِينَ ءَامَنُوا۟ وَعَمِلُوا۟ ٱلصَّٰلِحَٰتِ أَنَّ لَهُمْ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ ۖ كُلَّمَا رُزِقُوا۟ مِنْهَا مِن ثَمَرَةٍ رِّزْقًا ۙ قَالُوا۟ هَٰذَا ٱلَّذِى رُزِقْنَا مِن قَبْلُ ۖ وَأُتُوا۟ بِهِۦ مُتَشَٰبِهًا ۖ وَلَهُمْ فِيهَآ أَزْوَٰجٌ مُّطَهَّرَةٌ ۖ وَهُمْ فِيهَا خَٰلِدُونَ
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 2:18; 47:16; 58:23; 61:13; 64:10.
3:16; 4:58.
古兰经» 教导说, 每一种被创造出来的东西, 为了它充分的发展都需要一个配偶。天园中, 正直的男女将有纯洁的配偶来完成他们的精神发展, 成全他们的幸福。他们将成为哪种配偶, 只是在后世才能真正认识。
这节经文简单描绘了信教者后世将受得的酬报。批评伊斯兰教的人对这一描绘提出了各种各样的异议。这种批评的基础是, 完全误解了伊斯兰教对后世赐福的教导。«古兰经» 着重地声言人们是无法知道那些赐福的性质的 (32:18)。相传穆圣曾经说过: “没有眼睛看到过它们, 也没有耳朵听到过它们, 也没有人们的头脑能想象它们” (布哈里)。自然会产生这样一个问题:为什么后世赐福的名称要用这个世界的物质东西来称呼?这是因为 «古兰经» 中的话不是仅对智力高的人们说的, 因此要用大家都能懂得的简单的语言。在描绘后世赐福时, «古兰经» 中用的一般都是这个世界上看来是好的东西的名称, 并告诉信教者他们将在后世以较好的形式来得到所有这些东西。为了显示这种重要对照, 才使用熟悉的用词, 否则, 在今世欢乐与来生赐福之间就会没有共同的东西。而且, 根据伊斯兰教教义, 将来的生命在这种意义上并不是精神的, 即:并不只是由内心状态组成的, 即使在将来的生命, 人的灵魂也还有一个身体, 不过那个身体不是物质的。人们可由梦境形成一些这种观念。一个人在梦中见到的许多景象不能称为内心的或纯精神的, 因为在那种状态下他也有身体。有时发现他自己在流着河水的天园中, 吃着果实、喝着牛奶。很难说梦中的情况只是内心的状态。在梦中快活地喝着牛奶, 无疑是一种经验, 但没有人能说这是他在这个世界上喝的物质的牛奶。来生的精神幸福不会只是我们今世享受的主的馈赠的主观现实。我们今生有的东西仅是人们在来生将看到的主的真实馈赐的一种表现。此外,”天园” 代表信仰,”河流” 代表善行。天园无河流则不能旺盛, 信仰也不可无善行。因此, 为达到灵魂的拯救, 信仰与善行不可分离。在后世, 天园将提醒信教者们今生的信仰而河流将提醒他们的善行。他们会知道, 信仰与善行不是徒劳的。如果从 “这是我们以前受赐的” 这句话中得出结论说: 在天园中信教者将会得到他们在今生享受的这样的果实, 那是错误的。因为, 正如已说明了的那样, 这两种赏赐并不是等同的。后世的果实, 实际上是他们自身信仰品质的形象。当他们在吃这些果实时, 他们立刻认识到也记起这是他们今生信仰的果实; 他们为了感激这种情况, 就说: “这是我们以前受赐的。” 这句话也可意味着,”这是过去答应给我们的东西。”
تَجْرِیْ مِنْ تَحْتِھَا الْاَنْھٰرُ سے مراد یہ ہے کہ وہ نہریں ان باغوں سے تعلق رکھتی ہیں اور یہ ظاہر ہے کہ جس شخص کا باغ ہوگا اس میں بہنے والی نہر بھی اسی کی ملکیت ہوگی۔ پس تَجْرِیْ مِنْ تَحْتِھَا الْاَنْھٰرُ کے الفاظ رکھ کر یہ بتانا مقصود ہے کہ جنت میں بہنے والی نہریں مومنوں کی ملکیت ہوں گی۔
اَزْوَاجٌ جوڑے یعنی ایسے وجود جن کے ساتھ مل کر ان کی تمام ترقیات اور تمام آرام مکمل ہوں گے۔ قرآن کریم سے معلوم ہوتا ہے کہ سوائے ذات باری کے ہر چیز ایک جوڑے کی محتاج ہے۔ اس قاعدہ کے تحت جنتی بھی جوڑے کے محتاج ہوں گے خواہ مرد ہوں خواہ عورتیں۔ باقی رہا یہ سوال کہ وہ جوڑے کس قسم کے ہوں گے یہ تفصیل اللہ تعالیٰ کے علم میں ہے انسان اس کو تفصیلاً اسی وقت معلوم کرے گا جب وہ جنت میں جائے گا۔
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 2:18; 47:16; 58:23; 61:13; 64:10.
3:16; 4:58.
The Qur’an teaches that every created thing stands in need of a mate for its full development. In Paradise righteous men and women will have pure mates for perfecting their spiritual development and completing their happiness. What kind of mates these will be, will be realized only in the Hereafter.
This verse gives a brief description of the rewards which the believers will have in the next world. Critics of Islam have raised all sorts of objections to this description. The criticism is based upon a complete misunderstanding of the Islamic teaching about heavenly blessings. The Qur’an emphatically declares that it is beyond human mind to comprehend their nature (32:18). The Holy Prophet is reported to have said: "No eye has seen them, nor has any ear heard of them, nor can the mind of man conceive of them" (Bukhari). The question naturally arises, why have the blessings of Heaven been given the names used for material things in this world? This is because the address of the Qur’an is not merely to those people who are intellectually advanced. Therefore, it has used simple words which can be understood by all. While describing the heavenly blessings, the Qur’an has used the names of things generally looked upon as good in this world, and believers are told that they would get all these thi
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 32:20; 47:16; 58:23; 61:13; 64:10.
3:16; 4:58.
Important Words:
بشر (give glad tidings) is derived from بشر (bashshara), i.e. he gave glad tidings, which again is derived from بشر(bashara). They say بشر i.e. he laid bare its skin. Thus البشرة means, the outer and visible part of the skin. So بشر(bashshara) means, he gave or imparted news which changed the colour of the listener. The word has generally come to be used in connection with good or happy news. But it is also sometimes used in connection with bad news (e.g. 3:22). بشیر means, one who announces good news to a people or a person. All Prophets are spoken of as بشیر and نذیر i.e. givers of good news to those who believe in them and givers of bad news to those who reject them (Aqrab & Mufradat).
الصالحات (good works) is the plural of الصالحة which is derived from the verb صلح (the opposite of فسد) meaning, he or it became good or suitable and proper. ھذا الشیء یصلح لك means, this thing is suitable to you or is fit or meet for you (Aqrab). So الصالحات would be used about all those deeds and actions which are not only good intrinsically but are also meet and suitable. See also under 2:12.
جنات (gardens) which is the plural of جنة (a garden) is derived from جن meaning, it veiled, concealed, or covered a thing. So جنة means, any garden having trees by which the ground is covered or concealed; an orchard or garden having luxuriousness and denseness of verdure (Aqrab & Lane). Heaven has been called جنة or garden, because: (1) the mercy of God will 'cover' its dwellers just as trees in an orchard cover the ground thereof; or (2) because the blessings of Heaven are 'hidden' from the eyes of man"; or again (3) because Heaven is like a garden in which the trees represent good faith and the streams good actions.
الانھار (streams) is the plural of نھر (nahr) or نھر (nahar). They say نھرالماء i.e. the water flowed on the earth and cut out a channel for itself. Thus نھر (nahr) or نھر (nahar) means, a channel through which a stream or a river flows; a stream or river itself. نھر (nahar) also means, abundance (Aqrab).
ازواج (mates) is the plural of زوج which signifies, anything that is one of a pair or couple; it does not mean a pair but only one of a pair, whether male or female (Aqrab). The word زوج also means, a comrade (Lane).
خالدون (shall abide) is derived fromخلد which means, he remained and lived on. خلدبمکان means, he stayed or abided in a place. خلود means, staying on, or living without change or deterioration for a long time but not necessarily forever (Aqrab & Mufradat).
Commentary:
This verse gives a brief description of the rewards which the believers will have in the next world.
Critics of Islam have raised all sorts of objections to this description. They say that: (1) The promise of such rewards is only an appeal to greed and a faith based upon greed is not worth the name. (2) The Quran promises material rewards to the believers and this is objectionable. (3) If the rewards of the next world are going to be material, then it must be supposed that the same body which one has in this life will be resurrected after death and this is against all reason, because this body perishes and the particles of one body are used in the making of several other bodies. To whom and to how many will then the same body be given in the next world? (4) Believers are promised wives in Heaven which shows that sex relations will continue in the next world. An appeal to sex is very objectionable for spiritual ends. Sex relations are necessary only for the continuation of the race in this world. Why should there be such a thing in the next? (5) The Quranic Paradise appears to be a place of luxury and sensual pleasures. There is thus nothing spiritual about the Islamic conception of the next life.
This criticism is based on a failure to understand the real Islamic teaching. The Quran has made it clear that in this life it is not possible for man to comprehend the nature of the rewards of the next. It says: No soul knows what joy of the eyes is kept hidden for them, as a reward for their actions (32:18). That is to say, whatever the Quran says about Heaven and Hell is only metaphorical. The descriptions are not to be taken in the sense in which they are ordinarily taken in this world. The Holy Prophet says of the blessings of the next world: "No eye has seen them, nor has any ear heard of them; nor can the mind of man form any conception of them" (Bukhari). If the blessings of the next life are to be like the joys of this life, we should be able to form some idea of them, no matter how remote they may be. The blessings of the next life, therefore, must be quite different from the blessings of this life.
At another place in the Quran we read: The similitude of the Heaven promised to the God-fearing is that through it flow streams; its fruit is everlasting, and so is its shade. That is the reward of those who are righteous, and the reward of the disbelievers is Fire (13:36). Now the fruit of this world is not everlasting, so in order to be everlasting the fruit of the next world as well as its streams will have to be taken as something other than material. Again we read: A similitude of the Paradise promised to the righteous: Therein are rivers of water which corrupts not; and rivers of milk of which the taste changes not; and rivers of wine, a delight to those who drink; and rivers of clarified honey (47:16). There is nothing material in this. About the wine of Heaven we read: Wherein there will be no intoxication, nor will they be exhausted thereby (37:48). Again, And their Lord will give them to drink a beverage that is pure (76:22). Thus, wine in Heaven will not only be pure itself but will purify the drinkers as well. Elsewhere the Quran says that the pure wine of Paradise will be tempered with Tasnim (83:28), which means 'abundance' and 'height '. In the cup of wine that will pass from hand to hand in Heaven God says there will be neither vanity nor sin (52:24). As against this, the wine of this world is described in the Quran as: Wine and the game of hazard and idols and divining arrows are only an abomination of Satan’s handiwork. So shun each one of them that you may prosper. Satan desires only to create enmity and hatred among you by means of wine and the game of hazard and to keep you back from the remembrance of Allah and from Prayer (5:91, 92). This proves that the wine of the next world is quite different; it is pure and purifying and nothing material.
The blessings of Heaven have indeed nothing in common with their counterparts of this world except the name. Ibn ‘Abbas, the Prophet’s cousin, also says the same thing (Jarir).
Now the question arises: Why have the blessings of Heaven been given the names used of material things in this world? This is so because Islam is meant for all kinds of people. It does not address only the intellectually advanced but also all others. Therefore it uses simple words which can be understood by all. The disbelievers used to say that the Prophet disallowed the good things of the world, and his followers were thus deprived of all blessings. Therefore, while describing the blessings in store for the Muslims, God used the names of things generally looked upon as good in this world and told the believers that they would get all these things in a better form. The water of this world spoils, but believers would have water in the next which will not spoil. Gardens are blessings but they decay; so believers will have gardens which will last forever. The unbelievers drank intoxicating wine which made them drunk and which dulled their senses; but the wine which the believers will get in Heaven will be pure and purifying. It is to bring out this important contrast that familiar words are used; otherwise there is nothing common between the delights of this world and the blessings of the next.
It may be added here that, according to Islam, the next life is not spiritual in the sense that it will just consist of a mental state and nothing else. Even in the next life the human soul will have a kind of body; only, it will not be material. One can glean some idea of this from the phenomenon of dreams. The Quran says: Allah takes the souls of human beings at the time of their death; and (He also takes the souls of), those that have not died, during their sleep. Then He retains those against which He has decreed death, and sends (back) the others till an appointed term. In that surely are signs for a people who reflect (39:43). Death and sleep resemble each other, the difference being that whereas in death the human soul is completely and permanently severed from the body, in sleep the severance is only temporary and partial. Now the scenes which a man witnesses in a dream cannot be called purely mental or spiritual, because he has a body also in his dreams and finds himself sometimes in gardens and streams, and eats fruits and drinks milk. It is hard to say that the contents of dreams are only mental states. The milk enjoyed in a dream is no doubt a real experience, but no one can say that it is the material milk found in this world. Dreams have a meaning of their own. For instance, eating mangoes in a dream symbolizes a righteous child or a righteous heart; eating grapes signifies love and fear of God; and eating bananas, a good and lawful subsistence which is also easy of attainment. In short, the spiritual blessings of the next life will not be a mere subjective realization of the gifts of God with which we become familiar in this world. As a matter of fact, what we enjoy here is just a representation of the real and true gifts of God which man will find in the next world.
Again, gardens represent faith; and streams, good actions. Gardens cannot prosper without streams, nor faith without good actions. Therefore faith and actions are inseparable for the attainment of salvation. In the next world, gardens will remind the believers of their faith in this life and streams will remind them of their good works. They will know, then, that their faith and good works have not gone in vain.
The flowing of streams or rivers beneath the gardens also implies that every person in Heaven will have a free and unrestricted enjoyment of his portion. In this world, a single stream often serves several gardens and there is the possibility of a quarrel over it; but in Heaven each garden will have its own stream exclusively meant for itself. See also 10:10.
It is wrong to conclude from the words, This is what was given us before, that in Heaven the believers will be given such fruit as they will have enjoyed in this world, because, as already explained, the two are not the same. The fruit of the next world will, in fact, be the image of the quality of their own faith. When they will eat it, they will at once recognize and remember that it is the fruit of the faith they had in this world; and it will be out of gratitude for this that they will say: This is what was given us before.
The expression rendered as, was given us, may also mean, 'was promised us'; and in this sense it would mean, this is what was promised to us in the world.
The word متشابھا (mutually resembling) refers to the resemblance between the acts of worship performed by believers in this world and the fruits thereof in Heaven. The acts of worship performed in this life will appear to believers as fruit in the next. The more sincere and the more appropriate a man’s worship, the more will he enjoy his portion of the fruit in Paradise and the better in quality will it be. It, therefore, lies in one’s own power to improve the quality of one’s fruit as one likes.
The expression, mutually resembling, also implies that in Paradise one spiritual food will completely harmonize with the other, so that the possibility of spiritual disease will be eliminated altogether. It also means that the food in Heaven will be suited to each and every individual and to his stage of progress and degree of development.
The words, they will abide, signify that the believers will go on abiding in Heaven and will not be subject to any change or decay. Man dies only when he cannot assimilate food or when someone kills him. But since the food of Paradise will be perfectly suited to every individual and since man will have pure and peaceful companions, death and decay will automatically disappear.
The Faithful will also have pure mates in Heaven. A good wife is a joy and a comfort. The Faithful try to have good wives in this world, and they will have good and virtuous company in the next. Yet these joys of Heaven are not physical.
A typical Christian comment on this subject is made by Sir William Muir: "It is very remarkable that the notices in the Coran of this voluptuous paradise are almost entirely confined to a time when, whatever the tendency of his desires, Mohammad was living chaste and temperate with a single wife of three score years of age. It is noteworthy that in the Medina Surahs, that is, in all the voluminous revelations of the ten years following the Hegira women are only twice referred to as constituting one of the delights of paradise and on both occasions in these simple words: 'And to them (believers) there shall be therein pure wives'. Was it that the soul of Mohammad had at that period no longings after what he had then to satiety the enjoyment of? Or that a closer contact with Jewish principles and morality repressed the budding pruriency of the revelation, and covered with merited confusion the picture of his sensual paradise which had been drawn at Mecca?" (Muir, page 76).
It is amazing how these Christian critics with pretensions to culture and learning will draw on sheer speculation to attack the honour of a Teacher who is held in the deepest reverence and devotion by many millions of men and women all over the world. They seem emboldened to do so, because Christians today hold political sway over the Muslims. A few centuries of power have made them forget that Muslims ruled over Christendom for a full 1,000 years, and during this time they never said anything unbecoming about Jesus. They respected Christian susceptibilities when Christians were quite unprotected and were much weaker than Muslims are today. Would to God Christians did not feel so elated!
Sir William conveniently ignores the fact that there are other things besides women which are mentioned in the Meccan chapters and to which there is no reference in the Medinite chapters. We read in the Meccan chapters that there will be wine, honey and rivers of milk in Paradise. Was the Holy Prophet deprived even of these things at Mecca that he should have compensated himself by imagining them in Paradise? Nothing could be more absurd than this. Personally the Holy Prophet was much better off at Mecca than he was at Medina. His rich wife Khadijah was then alive and she had placed all her wealth at his disposal. By the time he reached Medina, most of this wealth had been spent in good works and the Holy Prophet was left a poor man with little to live on. If the picture of Paradise was an imaged compensation for his wants, it should have emerged at Medina instead of at Mecca.
Supposing Sir William is right, cannot critics of Christianity say justifiably that Jesus imagined himself the king of the Jews because he was persecuted everywhere? Could they not also say that as Jesus saw nothing of sex life in this world, he remained obsessed with the idea of a second advent and imagined himself a bridegroom taking no less than five virgins for wives? In the words of the New Testament, he is reported to have said: "Then shall the kingdom of heaven be likened unto ten virgins which took their lamps, and went forth to meet the bridegroom. And five of them were foolish, and five were wise. For the foolish, when they took their lamps, took no oil with them: but the wise took oil in their vessels with their lamps…And the foolish said unto the wise, Give us of your oil; for our lamps are going out. But the wise answered, saying, Peradventure there will not be enough for us and you: go ye rather to them that sell, and buy for yourselves. And while they went away to buy, the bridegroom came; and they that were ready went in with him to the marriage feast; and the door was shut" (Matt. 25:1-10). A bridegroom surrounded by a bevy of virgins—is not this the Heaven of Jesus’ imagination?
But to revert to the subject; the disbelievers at Mecca used to taunt the Muslims about their poverty, saying they had nothing of the good things which they had, so God took over their own phrases and said that the rewards which believers would have in Paradise would be even better. When Islam was established at Medina, the disbelievers gave up their taunts. So God also dropped the earlier descriptions of Paradise. The descriptions in their deep significance, however, hold for all time.
At Mecca, moreover, it was necessary to explain and emphasize the basic belief of Islam. Therefore, greater detail of doctrine is found in the Meccan chapters, and as Paradise, the abode of believers in the afterlife, is an important item of belief, it is dealt with in detail in them. At Medina, on the contrary, practical matters like personal ethics and social legislation became more important. Therefore, greater attention was given to them in the Medinite chapters. The Meccan Surahs also abound in descriptions of Hell. What are they a compensation for?
Sir William Muir also suggests that the Holy Prophet changed his views about Paradise under the influence of the Jews and the Christians of Medina. But he forgets that the stock criticism made by Christian writers is that some Christian slaves had taught the Holy Prophet the Christian scriptures, the substance of which was incorporated in the Quran. Sir William himself alleges that the Holy Prophetlearnt Christianity from Suhaib, a Roman slave at Mecca (The Life of Mahomet, p.67). If the Holy Prophet at Mecca already knew the Christian teachings, he need not have waited for their influence until his arrival at Medina. In point of fact, in the Jewish and the Christian scriptures, there are no descriptions of Paradise. The Jews and the Christians have remained so engrossed in the affairs of this life that their Books do not say much about the life to come. The promises made by their Prophets about the next life have always been taken by them to pertain only to this life. It cannot be imagined that anybody could be influenced by such a teaching.
b
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 2:18; 47:16; 58:23; 61:13; 64:10.
c
3:16; 4:58.
29T
古兰经» 教导说, 每一种被创造出来的东西, 为了它充分的发展都需要一个配偶。天园中, 正直的男女将有纯洁的配偶来完成他们的精神发展, 成全他们的幸福。他们将成为哪种配偶, 只是在后世才能真正认识。
29U
这节经文简单描绘了信教者后世将受得的酬报。批评伊斯兰教的人对这一描绘提出了各种各样的异议。这种批评的基础是, 完全误解了伊斯兰教对后世赐福的教导。«古兰经» 着重地声言人们是无法知道那些赐福的性质的 (32:18)。相传穆圣曾经说过: “没有眼睛看到过它们, 也没有耳朵听到过它们, 也没有人们的头脑能想象它们” (布哈里)。自然会产生这样一个问题:为什么后世赐福的名称要用这个世界的物质东西来称呼?这是因为 «古兰经» 中的话不是仅对智力高的人们说的, 因此要用大家都能懂得的简单的语言。在描绘后世赐福时, «古兰经» 中用的一般都是这个世界上看来是好的东西的名称, 并告诉信教者他们将在后世以较好的形式来得到所有这些东西。为了显示这种重要对照, 才使用熟悉的用词, 否则, 在今世欢乐与来生赐福之间就会没有共同的东西。而且, 根据伊斯兰教教义, 将来的生命在这种意义上并不是精神的, 即:并不只是由内心状态组成的, 即使在将来的生命, 人的灵魂也还有一个身体, 不过那个身体不是物质的。人们可由梦境形成一些这种观念。一个人在梦中见到的许多景象不能称为内心的或纯精神的, 因为在那种状态下他也有身体。有时发现他自己在流着河水的天园中, 吃着果实、喝着牛奶。很难说梦中的情况只是内心的状态。在梦中快活地喝着牛奶, 无疑是一种经验, 但没有人能说这是他在这个世界上喝的物质的牛奶。来生的精神幸福不会只是我们今世享受的主的馈赠的主观现实。我们今生有的东西仅是人们在来生将看到的主的真实馈赐的一种表现。此外,”天园” 代表信仰,”河流” 代表善行。天园无河流则不能旺盛, 信仰也不可无善行。因此, 为达到灵魂的拯救, 信仰与善行不可分离。在后世, 天园将提醒信教者们今生的信仰而河流将提醒他们的善行。他们会知道, 信仰与善行不是徒劳的。如果从 “这是我们以前受赐的” 这句话中得出结论说: 在天园中信教者将会得到他们在今生享受的这样的果实, 那是错误的。因为, 正如已说明了的那样, 这两种赏赐并不是等同的。后世的果实, 实际上是他们自身信仰品质的形象。当他们在吃这些果实时, 他们立刻认识到也记起这是他们今生信仰的果实; 他们为了感激这种情况, 就说: “这是我们以前受赐的。” 这句话也可意味着,”这是过去答应给我们的东西。”
2
تَجْرِیْ مِنْ تَحْتِھَا الْاَنْھٰرُ سے مراد یہ ہے کہ وہ نہریں ان باغوں سے تعلق رکھتی ہیں اور یہ ظاہر ہے کہ جس شخص کا باغ ہوگا اس میں بہنے والی نہر بھی اسی کی ملکیت ہوگی۔ پس تَجْرِیْ مِنْ تَحْتِھَا الْاَنْھٰرُ کے الفاظ رکھ کر یہ بتانا مقصود ہے کہ جنت میں بہنے والی نہریں مومنوں کی ملکیت ہوں گی۔
3
اَزْوَاجٌ جوڑے یعنی ایسے وجود جن کے ساتھ مل کر ان کی تمام ترقیات اور تمام آرام مکمل ہوں گے۔ قرآن کریم سے معلوم ہوتا ہے کہ سوائے ذات باری کے ہر چیز ایک جوڑے کی محتاج ہے۔ اس قاعدہ کے تحت جنتی بھی جوڑے کے محتاج ہوں گے خواہ مرد ہوں خواہ عورتیں۔ باقی رہا یہ سوال کہ وہ جوڑے کس قسم کے ہوں گے یہ تفصیل اللہ تعالیٰ کے علم میں ہے انسان اس کو تفصیلاً اسی وقت معلوم کرے گا جب وہ جنت میں جائے گا۔
a
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 32:20; 47:16; 58:23; 61:13; 64:10.
b
3:16; 4:58.
32
Important Words:
بشر (give glad tidings) is derived from بشر (bashshara), i.e. he gave glad tidings, which again is derived from بشر(bashara). They say بشر i.e. he laid bare its skin. Thus البشرة means, the outer and visible part of the skin. So بشر(bashshara) means, he gave or imparted news which changed the colour of the listener. The word has generally come to be used in connection with good or happy news. But it is also sometimes used in connection with bad news (e.g. 3:22). بشیر means, one who announces good news to a people or a person. All Prophets are spoken of as بشیر and نذیر i.e. givers of good news to those who believe in them and givers of bad news to those who reject them (Aqrab & Mufradat).
الصالحات (good works) is the plural of الصالحة which is derived from the verb صلح (the opposite of فسد) meaning, he or it became good or suitable and proper. ھذا الشیء یصلح لك means, this thing is suitable to you or is fit or meet for you (Aqrab). So الصالحات would be used about all those deeds and actions which are not only good intrinsically but are also meet and suitable. See also under 2:12.
جنات (gardens) which is the plural of جنة (a garden) is derived from جن meaning, it veiled, concealed, or covered a thing. So جنة means, any garden having trees by which the ground is covered or concealed; an orchard or garden having luxuriousness and denseness of verdure (Aqrab & Lane). Heaven has been called جنة or garden, because: (1) the mercy of God will 'cover' its dwellers just as trees in an orchard cover the ground thereof; or (2) because the blessings of Heaven are 'hidden' from the eyes of man"; or again (3) because Heaven is like a garden in which the trees represent good faith and the streams good actions.
الانھار (streams) is the plural of نھر (nahr) or نھر (nahar). They say نھرالماء i.e. the water flowed on the earth and cut out a channel for itself. Thus نھر (nahr) or نھر (nahar) means, a channel through which a stream or a river flows; a stream or river itself. نھر (nahar) also means, abundance (Aqrab).
ازواج (mates) is the plural of زوج which signifies, anything that is one of a pair or couple; it does not mean a pair but only one of a pair, whether male or female (Aqrab). The word زوج also means, a comrade (Lane).
خالدون (shall abide) is derived fromخلد which means, he remained and lived on. خلدبمکان means, he stayed or abided in a place. خلود means, staying on, or living without change or deterioration for a long time but not necessarily forever (Aqrab & Mufradat).
Commentary:
This verse gives a brief description of the rewards which the believers will have in the next world.
Critics of Islam have raised all sorts of objections to this description. They say that: (1) The promise of such rewards is only an appeal to greed and a faith based upon greed is not worth the name. (2) The Quran promises material rewards to the believers and this is objectionable. (3) If the rewards of the next world are going to be material, then it must be supposed that the same body which one has in this life will be resurrected after death and this is against all reason, because this body perishes and the particles of one body are used in the making of several other bodies. To whom and to how many will then the same body be given in the next world? (4) Believers are promised wives in Heaven which shows that sex relations will continue in the next world. An appeal to sex is very objectionable for spiritual ends. Sex relations are necessary only for the continuation of the race in this world. Why should there be such a thing in the next? (5) The Quranic Paradise appears to be a place of luxury and sensual pleasures. There is thus nothing spiritual about the Islamic conception of the next life.
This criticism is based on a failure to understand the real Islamic teaching. The Quran has made it clear that in this life it is not possible for man to comprehend the nature of the rewards of the next. It says: No soul knows what joy of the eyes is kept hidden for them, as a reward for their actions (32:18). That is to say, whatever the Quran says about Heaven and Hell is only metaphorical. The descriptions are not to be taken in the sense in which they are ordinarily taken in this world. The Holy Prophet says of the blessings of the next world: "No eye has seen them, nor has any ear heard of them; nor can the mind of man form any conception of them" (Bukhari). If the blessings of the next life are to be like the joys of this life, we should be able to form some idea of them, no matter how remote they may be. The blessings of the next life, therefore, must be quite different from the blessings of this life.
At another place in the Quran we read: The similitude of the Heaven promised to the God-fearing is that through it flow streams; its fruit is everlasting, and so is its shade. That is the reward of those who are righteous, and the reward of the disbelievers is Fire (13:36). Now the fruit of this world is not everlasting, so in order to be everlasting the fruit of the next world as well as its streams will have to be taken as something other than material. Again we read: A similitude of the Paradise promised to the righteous: Therein are rivers of water which corrupts not; and rivers of milk of which the taste changes not; and rivers of wine, a delight to those who drink; and rivers of clarified honey (47:16). There is nothing material in this. About the wine of Heaven we read: Wherein there will be no intoxication, nor will they be exhausted thereby (37:48). Again, And their Lord will give them to drink a beverage that is pure (76:22). Thus, wine in Heaven will not only be pure itself but will purify the drinkers as well. Elsewhere the Quran says that the pure wine of Paradise will be tempered with Tasnim (83:28), which means 'abundance' and 'height '. In the cup of wine that will pass from hand to hand in Heaven God says there will be neither vanity nor sin (52:24). As against this, the wine of this world is described in the Quran as: Wine and the game of hazard and idols and divining arrows are only an abomination of Satan’s handiwork. So shun each one of them that you may prosper. Satan desires only to create enmity and hatred among you by means of wine and the game of hazard and to keep you back from the remembrance of Allah and from Prayer (5:91, 92). This proves that the wine of the next world is quite different; it is pure and purifying and nothing material.
The blessings of Heaven have indeed nothing in common with their counterparts of this world except the name. Ibn ‘Abbas, the Prophet’s cousin, also says the same thing (Jarir).
Now the question arises: Why have the blessings of Heaven been given the names used of material things in this world? This is so because Islam is meant for all kinds of people. It does not address only the intellectually advanced but also all others. Therefore it uses simple words which can be understood by all. The disbelievers used to say that the Prophet disallowed the good things of the world, and his followers were thus deprived of all blessings. Therefore, while describing the blessings in store for the Muslims, God used the names of things generally looked upon as good in this world and told the believers that they would get all these things in a better form. The water of this world spoils, but believers would have water in the next which will not spoil. Gardens are blessings but they decay; so believers will have gardens which will last forever. The unbelievers drank intoxicating wine which made them drunk and which dulled their senses; but the wine which the believers will get in Heaven will be pure and purifying. It is to bring out this important contrast that familiar words are used; otherwise there is nothing common between the delights of this world and the blessings of the next.
It may be added here that, according to Islam, the next life is not spiritual in the sense that it will just consist of a mental state and nothing else. Even in the next life the human soul will have a kind of body; only, it will not be material. One can glean some idea of this from the phenomenon of dreams. The Quran says: Allah takes the souls of human beings at the time of their death; and (He also takes the souls of), those that have not died, during their sleep. Then He retains those against which He has decreed death, and sends (back) the others till an appointed term. In that surely are signs for a people who reflect (39:43). Death and sleep resemble each other, the difference being that whereas in death the human soul is completely and permanently severed from the body, in sleep the severance is only temporary and partial. Now the scenes which a man witnesses in a dream cannot be called purely mental or spiritual, because he has a body also in his dreams and finds himself sometimes in gardens and streams, and eats fruits and drinks milk. It is hard to say that the contents of dreams are only mental states. The milk enjoyed in a dream is no doubt a real experience, but no one can say that it is the material milk found in this world. Dreams have a meaning of their own. For instance, eating mangoes in a dream symbolizes a righteous child or a righteous heart; eating grapes signifies love and fear of God; and eating bananas, a good and lawful subsistence which is also easy of attainment. In short, the spiritual blessings of the next life will not be a mere subjective realization of the gifts of God with which we become familiar in this world. As a matter of fact, what we enjoy here is just a representation of the real and true gifts of God which man will find in the next world.
Again, gardens represent faith; and streams, good actions. Gardens cannot prosper without streams, nor faith without good actions. Therefore faith and actions are inseparable for the attainment of salvation. In the next world, gardens will remind the believers of their faith in this life and streams will remind them of their good works. They will know, then, that their faith and good works have not gone in vain.
The flowing of streams or rivers beneath the gardens also implies that every person in Heaven will have a free and unrestricted enjoyment of his portion. In this world, a single stream often serves several gardens and there is the possibility of a quarrel over it; but in Heaven each garden will have its own stream exclusively meant for itself. See also 10:10.
It is wrong to conclude from the words, This is what was given us before, that in Heaven the believers will be given such fruit as they will have enjoyed in this world, because, as already explained, the two are not the same. The fruit of the next world will, in fact, be the image of the quality of their own faith. When they will eat it, they will at once recognize and remember that it is the fruit of the faith they had in this world; and it will be out of gratitude for this that they will say: This is what was given us before.
The expression rendered as, was given us, may also mean, 'was promised us'; and in this sense it would mean, this is what was promised to us in the world.
The word متشابھا (mutually resembling) refers to the resemblance between the acts of worship performed by believers in this world and the fruits thereof in Heaven. The acts of worship performed in this life will appear to believers as fruit in the next. The more sincere and the more appropriate a man’s worship, the more will he enjoy his portion of the fruit in Paradise and the better in quality will it be. It, therefore, lies in one’s own power to improve the quality of one’s fruit as one likes.
The expression, mutually resembling, also implies that in Paradise one spiritual food will completely harmonize with the other, so that the possibility of spiritual disease will be eliminated altogether. It also means that the food in Heaven will be suited to each and every individual and to his stage of progress and degree of development.
The words, they will abide, signify that the believers will go on abiding in Heaven and will not be subject to any change or decay. Man dies only when he cannot assimilate food or when someone kills him. But since the food of Paradise will be perfectly suited to every individual and since man will have pure and peaceful companions, death and decay will automatically disappear.
The Faithful will also have pure mates in Heaven. A good wife is a joy and a comfort. The Faithful try to have good wives in this world, and they will have good and virtuous company in the next. Yet these joys of Heaven are not physical.
A typical Christian comment on this subject is made by Sir William Muir: "It is very remarkable that the notices in the Coran of this voluptuous paradise are almost entirely confined to a time when, whatever the tendency of his desires, Mohammad was living chaste and temperate with a single wife of three score years of age. It is noteworthy that in the Medina Surahs, that is, in all the voluminous revelations of the ten years following the Hegira women are only twice referred to as constituting one of the delights of paradise and on both occasions in these simple words: 'And to them (believers) there shall be therein pure wives'. Was it that the soul of Mohammad had at that period no longings after what he had then to satiety the enjoyment of? Or that a closer contact with Jewish principles and morality repressed the budding pruriency of the revelation, and covered with merited confusion the picture of his sensual paradise which had been drawn at Mecca?" (Muir, page 76).
It is amazing how these Christian critics with pretensions to culture and learning will draw on sheer speculation to attack the honour of a Teacher who is held in the deepest reverence and devotion by many millions of men and women all over the world. They seem emboldened to do so, because Christians today hold political sway over the Muslims. A few centuries of power have made them forget that Muslims ruled over Christendom for a full 1,000 years, and during this time they never said anything unbecoming about Jesus. They respected Christian susceptibilities when Christians were quite unprotected and were much weaker than Muslims are today. Would to God Christians did not feel so elated!
Sir William conveniently ignores the fact that there are other things besides women which are mentioned in the Meccan chapters and to which there is no reference in the Medinite chapters. We read in the Meccan chapters that there will be wine, honey and rivers of milk in Paradise. Was the Holy Prophet deprived even of these things at Mecca that he should have compensated himself by imagining them in Paradise? Nothing could be more absurd than this. Personally the Holy Prophet was much better off at Mecca than he was at Medina. His rich wife Khadijah was then alive and she had placed all her wealth at his disposal. By the time he reached Medina, most of this wealth had been spent in good works and the Holy Prophet was left a poor man with little to live on. If the picture of Paradise was an imaged compensation for his wants, it should have emerged at Medina instead of at Mecca.
Supposing Sir William is right, cannot critics of Christianity say justifiably that Jesus imagined himself the king of the Jews because he was persecuted everywhere? Could they not also say that as Jesus saw nothing of sex life in this world, he remained obsessed with the idea of a second advent and imagined himself a bridegroom taking no less than five virgins for wives? In the words of the New Testament, he is reported to have said: "Then shall the kingdom of heaven be likened unto ten virgins which took their lamps, and went forth to meet the bridegroom. And five of them were foolish, and five were wise. For the foolish, when they took their lamps, took no oil with them: but the wise took oil in their vessels with their lamps…And the foolish said unto the wise, Give us of your oil; for our lamps are going out. But the wise answered, saying, Peradventure there will not be enough for us and you: go ye rather to them that sell, and buy for yourselves. And while they went away to buy, the bridegroom came; and they that were ready went in with him to the marriage feast; and the door was shut" (Matt. 25:1-10). A bridegroom surrounded by a bevy of virgins—is not this the Heaven of Jesus’ imagination?
But to revert to the subject; the disbelievers at Mecca used to taunt the Muslims about their poverty, saying they had nothing of the good things which they had, so God took over their own phrases and said that the rewards which believers would have in Paradise would be even better. When Islam was established at Medina, the disbelievers gave up their taunts. So God also dropped the earlier descriptions of Paradise. The descriptions in their deep significance, however, hold for all time.
At Mecca, moreover, it was necessary to explain and emphasize the basic belief of Islam. Therefore, greater detail of doctrine is found in the Meccan chapters, and as Paradise, the abode of believers in the afterlife, is an important item of belief, it is dealt with in detail in them. At Medina, on the contrary, practical matters like personal ethics and social legislation became more important. Therefore, greater attention was given to them in the Medinite chapters. The Meccan Surahs also abound in descriptions of Hell. What are they a compensation for?
Sir William Muir also suggests that the Holy Prophet changed his views about Paradise under the influence of the Jews and the Christians of Medina. But he forgets that the stock criticism made by Christian writers is that some Christian slaves had taught the Holy Prophet the Christian scriptures, the substance of which was incorporated in the Quran. Sir William himself alleges that the Holy Prophetlearnt Christianity from Suhaib, a Roman slave at Mecca (The Life of Mahomet, p.67). If the Holy Prophet at Mecca already knew the Christian teachings, he need not have waited for their influence until his arrival at Medina. In point of fact, in the Jewish and the Christian scriptures, there are no descriptions of Paradise. The Jews and the Christians have remained so engrossed in the affairs of this life that their Books do not say much about the life to come. The promises made by their Prophets about the next life have always been taken by them to pertain only to this life. It cannot be imagined that anybody could be influenced by such a teaching.
a
3:16, 134, 196, 199; 4:14, 58, 123; 5:13, 86; 7:44; 9:72, 89, 100; 10:10; 13:36; 22:15, 24; 25:11; 2:18; 47:16; 58:23; 61:13; 64:10.
b
3:16; 4:58.
46A
The Qur’an teaches that every created thing stands in need of a mate for its full development. In Paradise righteous men and women will have pure mates for perfecting their spiritual development and completing their happiness. What kind of mates these will be, will be realized only in the Hereafter.
47
This verse gives a brief description of the rewards which the believers will have in the next world. Critics of Islam have raised all sorts of objections to this description. The criticism is based upon a complete misunderstanding of the Islamic teaching about heavenly blessings. The Qur’an emphatically declares that it is beyond human mind to comprehend their nature (32:18). The Holy Prophet is reported to have said: "No eye has seen them, nor has any ear heard of them, nor can the mind of man conceive of them" (Bukhari). The question naturally arises, why have the blessings of Heaven been given the names used for material things in this world? This is because the address of the Qur’an is not merely to those people who are intellectually advanced. Therefore, it has used simple words which can be understood by all. While describing the heavenly blessings, the Qur’an has used the names of things generally looked upon as good in this world, and believers are told that they would get all these thi
أُحِلَّ لَكُمْ لَيْلَةَ ٱلصِّيَامِ ٱلرَّفَثُ إِلَىٰ نِسَآئِكُمْ ۚ هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ ۗ عَلِمَ ٱللَّهُ أَنَّكُمْ كُنتُمْ تَخْتَانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنكُمْ ۖ فَٱلْـَٰٔنَ بَٰشِرُوهُنَّ وَٱبْتَغُوا۟ مَا كَتَبَ ٱللَّهُ لَكُمْ ۚ وَكُلُوا۟ وَٱشْرَبُوا۟ حَتَّىٰ يَتَبَيَّنَ لَكُمُ ٱلْخَيْطُ ٱلْأَبْيَضُ مِنَ ٱلْخَيْطِ ٱلْأَسْوَدِ مِنَ ٱلْفَجْرِ ۖ ثُمَّ أَتِمُّوا۟ ٱلصِّيَامَ إِلَى ٱلَّيْلِ ۚ وَلَا تُبَٰشِرُوهُنَّ وَأَنتُمْ عَٰكِفُونَ فِى ٱلْمَسَٰجِدِ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَقْرَبُوهَا ۗ كَذَٰلِكَ يُبَيِّنُ ٱللَّهُ ءَايَٰتِهِۦ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ
在这简短的话中 «古兰经» 把妇女的权利和地位、婚姻的目的和意义, 以及夫妇之间的关系描述得多么美好。本节经文大意是说婚姻的真正目的是双方得到舒适、保护和修饰, 因为这就是服装的多种用途 (7:27及16:82)。这肯定不只是性生活的满足。丈夫和妻子还得相互防护邪恶与丑事。
رَفَثَ کے معنے اصل میں جماع کے ذکر کے ہوتے ہیں۔ اس جگہ استعارۃً یہ لفظ جماع کے معنوں میں استعمال کیا گیا ہے۔ مکہ والے سمجھتے تھے کہ روزہ دار کو رات کے وقت بھی اپنی بیوی کے ساتھ تعلق پیدا کرنا جائز نہیں‘ اس کی تردید کی۔
لباس سے یہ مراد ہے کہ خاوند کی وجہ سے لوگ عورت پر الزام لگانے سے ڈرتے ہیں اور عورت کی وجہ سے خاوند پر الزام لگانے سے ڈرتے ہیں پس وہ ایک دوسرے کا لباس ہیں یعنی ایک دوسرے کی حفاظت کرتے ہیں۔
مفسرین کہتے ہیں کہ اس کا مطلب یہ ہے کہ بعض مسلمان باوجود یہ جاننے کے کہ روزہ کی رات میں عورت کے پاس جانا جائز نہیں ایسا کر لیتے تھے۔ پس فرماتا ہے کہ ہم نے یہ حکم اس لئے کھول کر بیان کر دیا ہے کہ تم گناہ میں نہ پڑو۔ لیکن تَخْتَأْ نُوْنَ اَنْفُسَکُمْ کے معنے اپنے نفسوں کی حق تلفی کرنے کے بھی ہوتے ہیں اور وہی معنے ہم نے اس جگہ کیے ہیں کیونکہ وہ صحابہ ؓ کی شان کے مطابق ہیں اور مطلب یہ ہے کہ گو یہ حکم شرعی نہیں تھا مگر پھر بھی تم اپنی جانوں کو تکلیف میں ڈالنے کی کوشش کرتے تھے۔ اب ہم نے شرعی حکم بتا دیا ہے تاکہ تم خواہ مخواہ اپنے آپ کو تکلیف میں نہ ڈالو۔
عَفَا اللّٰہُ عَنْکَ کے معنے ہیں اَصْلَحَکَ اللّٰہُ وَ اَعَزَّکَ یعنی اللہ تیرے کاموں کو درست کرے اور تجھے عزت دے (اقرب) ہم نے اسی محاورہ کے مطابق عَفَا عَنْـکُمْ کے معنے یہ کیے ہیں۔ کہ اللہ نے تمہاری اس حالت کی اصلاح کردی۔
How beautifully in these brief words the Qur’an has described the rights and status of woman and the object and significance of marriage and conjugal relations. The real object of marriage, the verse purports to say, is the comfort, protection and embellishment of the parties, for such are the uses of a garment (7:27 & 16:82). It definitely is not merely the satisfaction of sexual urge. Husband and wife also safeguard each other against evil and scandal.
The expression ‘Afallahu ‘An-hu means, God corrected his mistake and set right his affairs; bestowed honour upon him. It also means, God afforded him relief (Muhit).
At places where days and nights are unusually long (e.g. near the Poles) day and night should be calculated to be of twelve hours’ duration (Muslim, ch. Ashratus-Sa‘ah).
In I‘tikaf which constitutes, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time.
Important Words:
رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).
تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".
عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).
باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).
Commentary:
It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.
Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.
The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.
The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan
and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).
125
在这简短的话中 «古兰经» 把妇女的权利和地位、婚姻的目的和意义, 以及夫妇之间的关系描述得多么美好。本节经文大意是说婚姻的真正目的是双方得到舒适、保护和修饰, 因为这就是服装的多种用途 (7:27及16:82)。这肯定不只是性生活的满足。丈夫和妻子还得相互防护邪恶与丑事。
1
رَفَثَ کے معنے اصل میں جماع کے ذکر کے ہوتے ہیں۔ اس جگہ استعارۃً یہ لفظ جماع کے معنوں میں استعمال کیا گیا ہے۔ مکہ والے سمجھتے تھے کہ روزہ دار کو رات کے وقت بھی اپنی بیوی کے ساتھ تعلق پیدا کرنا جائز نہیں‘ اس کی تردید کی۔
2
لباس سے یہ مراد ہے کہ خاوند کی وجہ سے لوگ عورت پر الزام لگانے سے ڈرتے ہیں اور عورت کی وجہ سے خاوند پر الزام لگانے سے ڈرتے ہیں پس وہ ایک دوسرے کا لباس ہیں یعنی ایک دوسرے کی حفاظت کرتے ہیں۔
3
مفسرین کہتے ہیں کہ اس کا مطلب یہ ہے کہ بعض مسلمان باوجود یہ جاننے کے کہ روزہ کی رات میں عورت کے پاس جانا جائز نہیں ایسا کر لیتے تھے۔ پس فرماتا ہے کہ ہم نے یہ حکم اس لئے کھول کر بیان کر دیا ہے کہ تم گناہ میں نہ پڑو۔ لیکن تَخْتَأْ نُوْنَ اَنْفُسَکُمْ کے معنے اپنے نفسوں کی حق تلفی کرنے کے بھی ہوتے ہیں اور وہی معنے ہم نے اس جگہ کیے ہیں کیونکہ وہ صحابہ ؓ کی شان کے مطابق ہیں اور مطلب یہ ہے کہ گو یہ حکم شرعی نہیں تھا مگر پھر بھی تم اپنی جانوں کو تکلیف میں ڈالنے کی کوشش کرتے تھے۔ اب ہم نے شرعی حکم بتا دیا ہے تاکہ تم خواہ مخواہ اپنے آپ کو تکلیف میں نہ ڈالو۔
4
عَفَا اللّٰہُ عَنْکَ کے معنے ہیں اَصْلَحَکَ اللّٰہُ وَ اَعَزَّکَ یعنی اللہ تیرے کاموں کو درست کرے اور تجھے عزت دے (اقرب) ہم نے اسی محاورہ کے مطابق عَفَا عَنْـکُمْ کے معنے یہ کیے ہیں۔ کہ اللہ نے تمہاری اس حالت کی اصلاح کردی۔
194
Important Words:
رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).
تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".
عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).
باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).
Commentary:
It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.
Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.
The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.
The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan
and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).
212
How beautifully in these brief words the Qur’an has described the rights and status of woman and the object and significance of marriage and conjugal relations. The real object of marriage, the verse purports to say, is the comfort, protection and embellishment of the parties, for such are the uses of a garment (7:27 & 16:82). It definitely is not merely the satisfaction of sexual urge. Husband and wife also safeguard each other against evil and scandal.
213
The expression ‘Afallahu ‘An-hu means, God corrected his mistake and set right his affairs; bestowed honour upon him. It also means, God afforded him relief (Muhit).
214
At places where days and nights are unusually long (e.g. near the Poles) day and night should be calculated to be of twelve hours’ duration (Muslim, ch. Ashratus-Sa‘ah).
215
In I‘tikaf which constitutes, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time.
وَإِذَا تَوَلَّىٰ سَعَىٰ فِى ٱلْأَرْضِ لِيُفْسِدَ فِيهَا وَيُهْلِكَ ٱلْحَرْثَ وَٱلنَّسْلَ ۗ وَٱللَّهُ لَا يُحِبُّ ٱلْفَسَادَ
حَرْث (Harth) 含意为, (1) 一片要播种的耕地或实际已种上某种作物的地; (2) 土地的收成或产品, 不管是农田作物或菜、果园地作物 (3) 收益、获得物或挣得的钱; (4) 报酬或酬金; (5) 财产; (6) 一妻或多妻, 因为妻子象耕地, 播下种子以孩子的形式出产庄稼。(Lane)
Harth means, (1) a piece of land ploughed for sowing, or actually sown with some crop; (2) crop or produce of land whether field-crop or garden-crop; (3) gain, acquisition or earning; (4) reward or recompense; (5) worldly goods; (6) wife or wives, because a wife is like tilth in which seed is sown to produce crop in the form of children (Lane).
Important Words:
تولی (he is in authority) is derived, from ولی. تولی means: (1) he turned his back, he went away from one’s presence; (2) he held command, or he was in authority; he became a والی or ruler (Aqrab & Taj).
سعی (runs about) means: (1) he walked briskly or he ran; (2) he made an effort; or he strove to obtain an object (Aqrab).
الحرث (the crops) is the noun-infinitive from حرث i.e. he ploughed or tilled the soil; he sowed seeds or planted plants in it; he acquired or earned or laboured for wealth or sustenance; he worked or laboured for the goods of the world. حرث means: (1) a tilth or a piece of land ploughed for sowing, or land actually sown with some crop; (2) land under crop; (3) crop or produce of land whether field crop or garden crop; (4) gain, acquisition or earning; (5) reward or recompense; (6) worldly goods; (7) wife or wives, because a wife is like a tilth in which seed is sown to bear crop in the form of children; (8) a much used road or a beaten track (Lane).
النسل (progeny). نسل الولد means, he begot a child. نسل الرجل means, the man had many children; the progeny of the man increased. نسل means: (1) creatures; (2) children; (3) progeny, whether of man or beast (Aqrab & Lane).
Commentary:
This verse further develops the idea contained in the preceding one. The type of man described in the previous verse (i.e. one whose talk about the affairs of this world is very pleasing but who is selfish at heart) becomes unmasked when he happens to be in authority, or when he goes away from the presence of the people and meets his associates in private. Thus both the meanings of the word تولی as mentioned under Important Words are appropriate here: (1) While he is in the presence of those who are sincere lovers of mankind, he says pleasing things; but when he goes away from them and meets his comrades in private, he strives to create disorder on the earth. (2) Similarly, when he happens to come to power, he becomes exposed and all his talk about improving the affairs of the world vanishes like smoke, and instead of acting like a reformer, he actually becomes a source of disorder.
The clause, destroy the crops and the progeny, means that all his efforts are directed towards harming people and their property. The words حرث and نسل have a number of meanings and all are applicable here. They refer to all kinds of damage relating to person and property.
The words, Allah loves not disorder, come as a fitting reply to the clause in the preceding verse, i.e. he calls Allah to witness as to that which is in his heart. Allah’s evidence goes against him, for the man is after disorder, and Allah loves not disorder.
148
حَرْث (Harth) 含意为, (1) 一片要播种的耕地或实际已种上某种作物的地; (2) 土地的收成或产品, 不管是农田作物或菜、果园地作物 (3) 收益、获得物或挣得的钱; (4) 报酬或酬金; (5) 财产; (6) 一妻或多妻, 因为妻子象耕地, 播下种子以孩子的形式出产庄稼。(Lane)
212
Important Words:
تولی (he is in authority) is derived, from ولی. تولی means: (1) he turned his back, he went away from one’s presence; (2) he held command, or he was in authority; he became a والی or ruler (Aqrab & Taj).
سعی (runs about) means: (1) he walked briskly or he ran; (2) he made an effort; or he strove to obtain an object (Aqrab).
الحرث (the crops) is the noun-infinitive from حرث i.e. he ploughed or tilled the soil; he sowed seeds or planted plants in it; he acquired or earned or laboured for wealth or sustenance; he worked or laboured for the goods of the world. حرث means: (1) a tilth or a piece of land ploughed for sowing, or land actually sown with some crop; (2) land under crop; (3) crop or produce of land whether field crop or garden crop; (4) gain, acquisition or earning; (5) reward or recompense; (6) worldly goods; (7) wife or wives, because a wife is like a tilth in which seed is sown to bear crop in the form of children; (8) a much used road or a beaten track (Lane).
النسل (progeny). نسل الولد means, he begot a child. نسل الرجل means, the man had many children; the progeny of the man increased. نسل means: (1) creatures; (2) children; (3) progeny, whether of man or beast (Aqrab & Lane).
Commentary:
This verse further develops the idea contained in the preceding one. The type of man described in the previous verse (i.e. one whose talk about the affairs of this world is very pleasing but who is selfish at heart) becomes unmasked when he happens to be in authority, or when he goes away from the presence of the people and meets his associates in private. Thus both the meanings of the word تولی as mentioned under Important Words are appropriate here: (1) While he is in the presence of those who are sincere lovers of mankind, he says pleasing things; but when he goes away from them and meets his comrades in private, he strives to create disorder on the earth. (2) Similarly, when he happens to come to power, he becomes exposed and all his talk about improving the affairs of the world vanishes like smoke, and instead of acting like a reformer, he actually becomes a source of disorder.
The clause, destroy the crops and the progeny, means that all his efforts are directed towards harming people and their property. The words حرث and نسل have a number of meanings and all are applicable here. They refer to all kinds of damage relating to person and property.
The words, Allah loves not disorder, come as a fitting reply to the clause in the preceding verse, i.e. he calls Allah to witness as to that which is in his heart. Allah’s evidence goes against him, for the man is after disorder, and Allah loves not disorder.
244
Harth means, (1) a piece of land ploughed for sowing, or actually sown with some crop; (2) crop or produce of land whether field-crop or garden-crop; (3) gain, acquisition or earning; (4) reward or recompense; (5) worldly goods; (6) wife or wives, because a wife is like tilth in which seed is sown to produce crop in the form of children (Lane).
نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُوا۟ حَرْثَكُمْ أَنَّىٰ شِئْتُمْ ۖ وَقَدِّمُوا۟ لِأَنفُسِكُمْ ۚ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّكُم مُّلَٰقُوهُ ۗ وَبَشِّرِ ٱلْمُؤْمِنِينَ
قرآن کریم میں دو لفظ ہیں لِاَ نْفُسِکُمْ یعنی اَنْفُس اور کُمْ مترجم بالعموم اَ نْفُس کا ترجمہ ’’جان‘‘ کر دیتے ہیں۔ لیکن اردو میں جان کا استعمال اس موقعہ پر نہیں کیا جاتا۔ یہ تو کہتے ہیں کہ اپنے جان پر ظلم نہ کرو‘ اپنی جان کو کچھ آرام دو۔ لیکن یہ نہیں کہتے کہ اپنی جان کو بھی کچھ دو۔ اسی طرح یہ بھی نہیں کہتے کہ اپنی جانوں کے لئے کچھ آگے بھیجو۔ ہاں یہ کہیں گے کہ اپنے مسقبل کا بھی کچھ فکر کرو۔ اپنی آئندہ زندگی کے لئے بھی کچھ انتظام کرو۔ لیکن یہ محاورہ چونکہ مفہوم کو تو ادا کرتا ہے مگر لفظوں سے دور چلا جاتا ہے۔ میں نے درمیانی راہ اختیار کرکے ’’اپنے لئ
See {244}.
Anna means, (1) how; (2) when; and (3) where. (Aqrab).
This verse constitutes an eloquent testimony to the inimitably pure and dignified language of the Qur’an. An extremely delicate subject has been dealt with in a most decent and discreet manner and the whole philosophy of marriage and conjugal relations has been given in one brief sentence, i.e. Your wives are a sort of tilth for you. A woman is indeed like a tilth in which the seed of progeny is sown. A wise husbandman selects the best soil, prepares the best tilth, secures the best seed, and chooses the best time and manner of sowing it. So should a believer do, for on the harvest which he is to reap in the form of children depends not only his own but also his community’s entire future. It is to this supreme fact that the words so pointedly refer. Thus the likening of woman to tilth throws a flood of light on the morality of eugenics and sex.
Important Words:
حرث (tilth). See 2: 206.
انی (how and when) means: (1) how; (2) when; and (3) where (Aqrab).
قدموا (send ahead) is derived from قدم meaning, he came or stepped forward. قدم (qaddama) means, be sent forward or sent ahead; he put forward; he offered. قدم لنفسه means, he did good or evil that will in future bear good or bad fruit for himself. قدمه علی غیره means, he preferred him to others. قدم له الثمن means, he paid him the price in advance (Aqrab). The Quran uses this expression to point out that whatever good or evil deed a man does, serves like a seed to bear a future crop. No action is ever lost.
مؤمنین (those who obey) is derived from آمن meaning: (1) he believed; (2) he obeyed (Aqrab). Here it gives the latter meaning. For a fuller discussion of this word see 2:4.
Commentary:
This verse constitutes an eloquent testimony to the inimitably pure and dignified language of the Quran. An extremely delicate subject has been dealt with in a most decent and discreet manner, and the whole philosophy of marriage and conjugal relations has been given in one brief sentence, i.e. Your wives are a tilth for you. A woman is indeed like a tilth in which the seed of progeny is sown. The expression has a twofold significance depending on the meaning of the words اتوا حرثکم (approach your tilth). If approaching the tilth means coition, then the expression approach your tilth how you like would signify that: (1) you should go in unto your wife in a manner suited to her capacity as a tilth and in no other manner; and (2) that both of you should try to keep your hearts pure at the time of coition so that the issue of the process may also share that purity. Says the Holy Prophet, "When the husband goes in unto his wife, they should both pray to God saying, 'Our Lord, keep both of us away from Satan; and if Thou grant us an issue, keep that also away from him' " (Muslim Kitabun-Nikah).
On the contrary, if "approaching the tilth" means selecting and dealing with the wife, the expression approach your tilth how you like would mean: (1) That you should select a wife who is best suited as a tilth, i.e. (a) she should be ولودviz. capable of producing children and not barren; (b) she should be healthy, capable of producing healthy children; (c) she should be well qualified to give good training to the children; and (d) she should be ودود i.e. of loving nature so that there may reign an atmosphere of love and harmony in the house and the children may benefit by it. (2) That you should look after and treat your wife well so that her life may be happy and contented and she may become best disposed to bring up the children well. (3) That you should keep yourselves also in a state of good physical and moral health so that your seed for your tilth may also be healthy in every respect.
A wise husbandman selects the best soil, prepares the best tilth, secures the best seed, and chooses the best time and manner of sowing it. So should you, for on the harvest which you are to reap in the form of children depends not only your own but also your community’s entire future. It is to this supreme fact that the clause, and send ahead some good for yourselves, so pointedly refers. In short, the likening of woman to tilth throws a flood of light on the morality of eugenics and sex. But the real basis of all happiness and progress is the fear of God and in the words, fear Allah and know that you shall meet Him, the Quran warns the Faithful never to lose sight of the real object of marriage even in the heat of carnal passions for even the seat of these passions is the source of the procreation of children and the continuation of a good race on the earth. Finally, the clause, and bear glad tidings to those who obey, contains a mighty بشارة (good news) for those who may obey this injunction, for it would not only make their own lives supremely happy but would also secure for them the best progeny for all time.
4
قرآن کریم میں دو لفظ ہیں لِاَ نْفُسِکُمْ یعنی اَنْفُس اور کُمْ مترجم بالعموم اَ نْفُس کا ترجمہ ’’جان‘‘ کر دیتے ہیں۔ لیکن اردو میں جان کا استعمال اس موقعہ پر نہیں کیا جاتا۔ یہ تو کہتے ہیں کہ اپنے جان پر ظلم نہ کرو‘ اپنی جان کو کچھ آرام دو۔ لیکن یہ نہیں کہتے کہ اپنی جان کو بھی کچھ دو۔ اسی طرح یہ بھی نہیں کہتے کہ اپنی جانوں کے لئے کچھ آگے بھیجو۔ ہاں یہ کہیں گے کہ اپنے مسقبل کا بھی کچھ فکر کرو۔ اپنی آئندہ زندگی کے لئے بھی کچھ انتظام کرو۔ لیکن یہ محاورہ چونکہ مفہوم کو تو ادا کرتا ہے مگر لفظوں سے دور چلا جاتا ہے۔ میں نے درمیانی راہ اختیار کرکے ’’اپنے لئ
230
Important Words:
حرث (tilth). See 2: 206.
انی (how and when) means: (1) how; (2) when; and (3) where (Aqrab).
قدموا (send ahead) is derived from قدم meaning, he came or stepped forward. قدم (qaddama) means, be sent forward or sent ahead; he put forward; he offered. قدم لنفسه means, he did good or evil that will in future bear good or bad fruit for himself. قدمه علی غیره means, he preferred him to others. قدم له الثمن means, he paid him the price in advance (Aqrab). The Quran uses this expression to point out that whatever good or evil deed a man does, serves like a seed to bear a future crop. No action is ever lost.
مؤمنین (those who obey) is derived from آمن meaning: (1) he believed; (2) he obeyed (Aqrab). Here it gives the latter meaning. For a fuller discussion of this word see 2:4.
Commentary:
This verse constitutes an eloquent testimony to the inimitably pure and dignified language of the Quran. An extremely delicate subject has been dealt with in a most decent and discreet manner, and the whole philosophy of marriage and conjugal relations has been given in one brief sentence, i.e. Your wives are a tilth for you. A woman is indeed like a tilth in which the seed of progeny is sown. The expression has a twofold significance depending on the meaning of the words اتوا حرثکم (approach your tilth). If approaching the tilth means coition, then the expression approach your tilth how you like would signify that: (1) you should go in unto your wife in a manner suited to her capacity as a tilth and in no other manner; and (2) that both of you should try to keep your hearts pure at the time of coition so that the issue of the process may also share that purity. Says the Holy Prophet, "When the husband goes in unto his wife, they should both pray to God saying, 'Our Lord, keep both of us away from Satan; and if Thou grant us an issue, keep that also away from him' " (Muslim Kitabun-Nikah).
On the contrary, if "approaching the tilth" means selecting and dealing with the wife, the expression approach your tilth how you like would mean: (1) That you should select a wife who is best suited as a tilth, i.e. (a) she should be ولودviz. capable of producing children and not barren; (b) she should be healthy, capable of producing healthy children; (c) she should be well qualified to give good training to the children; and (d) she should be ودود i.e. of loving nature so that there may reign an atmosphere of love and harmony in the house and the children may benefit by it. (2) That you should look after and treat your wife well so that her life may be happy and contented and she may become best disposed to bring up the children well. (3) That you should keep yourselves also in a state of good physical and moral health so that your seed for your tilth may also be healthy in every respect.
A wise husbandman selects the best soil, prepares the best tilth, secures the best seed, and chooses the best time and manner of sowing it. So should you, for on the harvest which you are to reap in the form of children depends not only your own but also your community’s entire future. It is to this supreme fact that the clause, and send ahead some good for yourselves, so pointedly refers. In short, the likening of woman to tilth throws a flood of light on the morality of eugenics and sex. But the real basis of all happiness and progress is the fear of God and in the words, fear Allah and know that you shall meet Him, the Quran warns the Faithful never to lose sight of the real object of marriage even in the heat of carnal passions for even the seat of these passions is the source of the procreation of children and the continuation of a good race on the earth. Finally, the clause, and bear glad tidings to those who obey, contains a mighty بشارة (good news) for those who may obey this injunction, for it would not only make their own lives supremely happy but would also secure for them the best progeny for all time.
270
See {244}.
271
Anna means, (1) how; (2) when; and (3) where. (Aqrab).
272
This verse constitutes an eloquent testimony to the inimitably pure and dignified language of the Qur’an. An extremely delicate subject has been dealt with in a most decent and discreet manner and the whole philosophy of marriage and conjugal relations has been given in one brief sentence, i.e. Your wives are a sort of tilth for you. A woman is indeed like a tilth in which the seed of progeny is sown. A wise husbandman selects the best soil, prepares the best tilth, secures the best seed, and chooses the best time and manner of sowing it. So should a believer do, for on the harvest which he is to reap in the form of children depends not only his own but also his community’s entire future. It is to this supreme fact that the words so pointedly refer. Thus the likening of woman to tilth throws a flood of light on the morality of eugenics and sex.
لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ ۖ فَإِن فَآءُو فَإِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ
在述及立誓的那两节开头和插入的经文之后, «古兰经» 现在又回到夫妻关系的原题上来。这节经文谈到那些立誓要与自己妻子离异的人, 但实际上还没有同她们离婚 。有趣的是, 在谈到离婚的这一论题时可以看到, «古兰经» 先谈月经 (2:223), 这是一种暂时的和不完全的然而不是真正的分离, 然后 (像在这节经文中) 它谈及真正的然而是尚未完全肯定的分离。然后, 在随后的几节经文中谈及真正的然而是可撤回的离婚。最后, (2:231) 它谈及不可撤回的离婚。伊斯兰教认识并且坚持认为离婚必然是一种不好的事情, 在离婚的道路上确实巧妙地安排了尽可能多的一系列障碍。伊斯兰教给予一个立誓不再接近他妻子的人至多四个月的时间。在这段时间里, 他必须或者同妻子和解, 恢复夫妻关系, 或者双方实行离异。伊斯兰教绝不容许不离婚而无限期分离, 使那个女人好像是 “悬挂在那里。” اِيْلَاء (Ila’) 意指离异的誓言。根据这种誓言, 一个女人在那 “愚昧的时代” 处于一种悬挂的状态。她既不能嫁别人, 又不能和她的丈夫有夫妻关系。
اِیْـلَا ءً: اٰلٰی یُؤْلِیْ اِیْلَا ءً: قسم کھانا۔ یہ اَ لَا سے نکلا ہے جس کے معنے کسی کام میں کمی یا تاخیر کرنے کے ہیں اور اِیْـلَا ء قرآن کریم کے محاورہ میں اس قسم کو کہتے ہیں جو اس بات پر کھائی جائے کہ مرد اپنی بیوی سے کوئی تعلق نہ رکھے گا (مفردات) چونکہ اس قسم میں عورت کے حق کا اتلاف ہے اس لئے اسے اِیْـلَا ء کہا گیا۔
(۴) فَاءَ یَفِیْءُ فَـیْـئًا: لوٹ آیا۔ فَاءَ الْاَمْرَ رَجَعَ اِلَیْہِ: اس بات کی طرف لوٹ آیا (اقرب) فَاءَ کا لفظ نیک امور کی طرف لوٹنے کے متعلق استعمال ہوتا ہے (مفردات) اصل میں اس کے معنے تعاون اور امداد باہمی کے لئے ایک دوسرے کے ساتھ مل کر کام کرنے کے ہوتے ہیں اور سایہ کو بھی فَیْئٌ کہتے ہیں کیونکہ وہ سورج کے ساتھ اِدھر سے اُدھر ہوتا رہتا ہے۔ ان دونوں معنوں کو مدِّنظر رکھتے ہوئے فَاءَ بالعموم اچھے معنوں میں استعمال ہونے لگا ہے۔
عرب میں یہ رواج تھا کہ بعض لوگ اپنی بیویوں کو طلاق تو نہ دیتے مگر قسم کھا لیتے تھے کہ ہم ان سے تعلق نہیں رکھیں گے۔ اس
After the two introductory and intervening verses in which the subject of taking oaths has been dealt with, the Qur’an now reverts to the original subject of conjugal relations. The verse speaks of those men who vow abstinence from their wives without actually divorcing them. It is, interesting to note that while approaching the subject of divorce, the Qur’an first speaks of menstruation (2:223) which is a sort of temporary and partial, though unreal, separation. Then (as in the present verse), it speaks of real though indefinite separation. And then, in the succeeding verses, it speaks of real though revocable divorce. And finally (2:231) it speaks of irrevocable divorce. A really wonderful order designed to put as many obstacles as possible in the way of divorce, which Islam recognizes and retains as a sort of necessary evil. Islam allows four months at the most to a person who swears not to approach his wife. During this period, he must either get reconciled to his wife and restore conjugal relation
Important Words:
یؤلون (vow) is derived from the root لاآ meaning, he fell short; or he fell short of doing what he ought to have done; or he was remiss. آلی means, he swore. آلیت علی الشیء means, I swore to do the thing. آلیت لا افعل کذا means, I swore that I would not do such a thing. آلی من زوجه شھرا means, he swore he would not go near his wife (i.e. not go in unto her) for a month. ائتلی also gives the same meaning as آلی i.e. he swore, as in 24:23. ایلاء means, an oath or the act of swearing; and technically it means, a vow taken by a husband not to go near his wife (Aqrab & Lane).
تربص (waiting) is derived from ربص. They say ربص به i.e. he waited for a good or an evil to befall him. تربص means, he waited or he awaited, or he tarried waiting. تربص عن الامر means, he remained waiting and did not do the thing, i.e. he abstained from doing it (Aqrab).
Commentary:
After the two introductory and intervening verses in which the subject of taking oaths has been dealt with, the Quran now reverts to the original subject of conjugal relations. The verse under comment speaks of those men who vow abstinence from their wives without actually divorcing them. It is, in this connection, interesting to note that while approaching the subject of divorce, dealt with in the succeeding verses, the Quran first speaks of menstruation (2:223) which is a sort of temporary and partial, though unreal, separation. Then (as in the present verse) it speaks of real though indefinite separation. And then, as in the succeeding verses, it speaks of real though revocable divorce. And finally (2:231) it speaks of irrevocable divorce. A really wonderful order designed to put as many obstacles as possible in the way of divorce which Islam recognizes and retains as a sort of necessary evil.
As clearly stated in the verse under comment, Islam allows four months at the most to a person who swears not to approach his wife. During this period, he must either get reconciled to his wife and restore conjugal relations, or separation will be effected between the two. Islam would in no case permit indefinite separation without divorce, leaving the woman "suspended" as it were.
The words if they go back from the vow, surely Allah is Most Forgiving, Merciful indicate that swearing abstinence from one’s wife is reprehensible in the sight of God Who loves to see reconciliation between husband and wife. The verse thus abolishes the custom of ایلاءwhich was prevalent among the Arabs before the advent of Islam and by which it was sought to deprive women of their conjugal rights for long and indefinite periods.
165
在述及立誓的那两节开头和插入的经文之后, «古兰经» 现在又回到夫妻关系的原题上来。这节经文谈到那些立誓要与自己妻子离异的人, 但实际上还没有同她们离婚 。有趣的是, 在谈到离婚的这一论题时可以看到, «古兰经» 先谈月经 (2:223), 这是一种暂时的和不完全的然而不是真正的分离, 然后 (像在这节经文中) 它谈及真正的然而是尚未完全肯定的分离。然后, 在随后的几节经文中谈及真正的然而是可撤回的离婚。最后, (2:231) 它谈及不可撤回的离婚。伊斯兰教认识并且坚持认为离婚必然是一种不好的事情, 在离婚的道路上确实巧妙地安排了尽可能多的一系列障碍。伊斯兰教给予一个立誓不再接近他妻子的人至多四个月的时间。在这段时间里, 他必须或者同妻子和解, 恢复夫妻关系, 或者双方实行离异。伊斯兰教绝不容许不离婚而无限期分离, 使那个女人好像是 “悬挂在那里。” اِيْلَاء (Ila’) 意指离异的誓言。根据这种誓言, 一个女人在那 “愚昧的时代” 处于一种悬挂的状态。她既不能嫁别人, 又不能和她的丈夫有夫妻关系。
3
اِیْـلَا ءً: اٰلٰی یُؤْلِیْ اِیْلَا ءً: قسم کھانا۔ یہ اَ لَا سے نکلا ہے جس کے معنے کسی کام میں کمی یا تاخیر کرنے کے ہیں اور اِیْـلَا ء قرآن کریم کے محاورہ میں اس قسم کو کہتے ہیں جو اس بات پر کھائی جائے کہ مرد اپنی بیوی سے کوئی تعلق نہ رکھے گا (مفردات) چونکہ اس قسم میں عورت کے حق کا اتلاف ہے اس لئے اسے اِیْـلَا ء کہا گیا۔
4
(۴) فَاءَ یَفِیْءُ فَـیْـئًا: لوٹ آیا۔ فَاءَ الْاَمْرَ رَجَعَ اِلَیْہِ: اس بات کی طرف لوٹ آیا (اقرب) فَاءَ کا لفظ نیک امور کی طرف لوٹنے کے متعلق استعمال ہوتا ہے (مفردات) اصل میں اس کے معنے تعاون اور امداد باہمی کے لئے ایک دوسرے کے ساتھ مل کر کام کرنے کے ہوتے ہیں اور سایہ کو بھی فَیْئٌ کہتے ہیں کیونکہ وہ سورج کے ساتھ اِدھر سے اُدھر ہوتا رہتا ہے۔ ان دونوں معنوں کو مدِّنظر رکھتے ہوئے فَاءَ بالعموم اچھے معنوں میں استعمال ہونے لگا ہے۔
عرب میں یہ رواج تھا کہ بعض لوگ اپنی بیویوں کو طلاق تو نہ دیتے مگر قسم کھا لیتے تھے کہ ہم ان سے تعلق نہیں رکھیں گے۔ اس
233
Important Words:
یؤلون (vow) is derived from the root لاآ meaning, he fell short; or he fell short of doing what he ought to have done; or he was remiss. آلی means, he swore. آلیت علی الشیء means, I swore to do the thing. آلیت لا افعل کذا means, I swore that I would not do such a thing. آلی من زوجه شھرا means, he swore he would not go near his wife (i.e. not go in unto her) for a month. ائتلی also gives the same meaning as آلی i.e. he swore, as in 24:23. ایلاء means, an oath or the act of swearing; and technically it means, a vow taken by a husband not to go near his wife (Aqrab & Lane).
تربص (waiting) is derived from ربص. They say ربص به i.e. he waited for a good or an evil to befall him. تربص means, he waited or he awaited, or he tarried waiting. تربص عن الامر means, he remained waiting and did not do the thing, i.e. he abstained from doing it (Aqrab).
Commentary:
After the two introductory and intervening verses in which the subject of taking oaths has been dealt with, the Quran now reverts to the original subject of conjugal relations. The verse under comment speaks of those men who vow abstinence from their wives without actually divorcing them. It is, in this connection, interesting to note that while approaching the subject of divorce, dealt with in the succeeding verses, the Quran first speaks of menstruation (2:223) which is a sort of temporary and partial, though unreal, separation. Then (as in the present verse) it speaks of real though indefinite separation. And then, as in the succeeding verses, it speaks of real though revocable divorce. And finally (2:231) it speaks of irrevocable divorce. A really wonderful order designed to put as many obstacles as possible in the way of divorce which Islam recognizes and retains as a sort of necessary evil.
As clearly stated in the verse under comment, Islam allows four months at the most to a person who swears not to approach his wife. During this period, he must either get reconciled to his wife and restore conjugal relations, or separation will be effected between the two. Islam would in no case permit indefinite separation without divorce, leaving the woman "suspended" as it were.
The words if they go back from the vow, surely Allah is Most Forgiving, Merciful indicate that swearing abstinence from one’s wife is reprehensible in the sight of God Who loves to see reconciliation between husband and wife. The verse thus abolishes the custom of ایلاءwhich was prevalent among the Arabs before the advent of Islam and by which it was sought to deprive women of their conjugal rights for long and indefinite periods.
275
After the two introductory and intervening verses in which the subject of taking oaths has been dealt with, the Qur’an now reverts to the original subject of conjugal relations. The verse speaks of those men who vow abstinence from their wives without actually divorcing them. It is, interesting to note that while approaching the subject of divorce, the Qur’an first speaks of menstruation (2:223) which is a sort of temporary and partial, though unreal, separation. Then (as in the present verse), it speaks of real though indefinite separation. And then, in the succeeding verses, it speaks of real though revocable divorce. And finally (2:231) it speaks of irrevocable divorce. A really wonderful order designed to put as many obstacles as possible in the way of divorce, which Islam recognizes and retains as a sort of necessary evil. Islam allows four months at the most to a person who swears not to approach his wife. During this period, he must either get reconciled to his wife and restore conjugal relation
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
2:228.
2:232; 4:130; 65:3.
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
2:232; 4:130; 65:3.
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
See 2:228.
2:232; 4:130; 65:3.
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.
c
2:232; 4:130; 65:3.
170
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
171
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
172
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
1
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
2
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
3
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
a
See 2:228.
b
2:232; 4:130; 65:3.
236
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.c
2:232; 4:130; 65:3.
280
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
281
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
282
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
۞ وَٱلْوَٰلِدَٰتُ يُرْضِعْنَ أَوْلَٰدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَ ۚ وَعَلَى ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِٱلْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَآرَّ وَٰلِدَةٌۢ بِوَلَدِهَا وَلَا مَوْلُودٌ لَّهُۥ بِوَلَدِهِۦ ۚ وَعَلَى ٱلْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوٓا۟ أَوْلَٰدَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِٱلْمَعْرُوفِ ۗ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
31:15; 46:16.
65:7.
2:287; 6:153; 7:43; 23:63; 65:8.
لَا تُضَآرَّ (La Tudarra) 这一用语, 既是主动又是被动语态; 因此它的意思可以是: (1) 母亲不应使父亲由于他的孩子而受苦; (2) 不应使母亲由于她的孩子而受苦; 这里这两种意义都可同等适用。
这里用 مَوْلُوْدٌ لَهٗ (Mauludun la-hu, 孩子所归属的人) 这几个字, 而不用较简单的 وَالِد (Walid, 父亲) 这个字, 为的是指出, 具有所生的孩子, 是父亲的固有的权利而且有抚养他孩子的天职。
继承一个死者的财产的人, 对他留下的孩子一定要负起抚养成人的责任。
孩子吃奶期至多两年。在这时期结束以前, 如果父母同意, 准许提前断奶。这节经文指示, 如果没有母亲的同意, 孩子不能在两年时期结束前断奶。
یہاں بِالْمَعْرُوْفِ سے مراد باپ کی مَقدرت ہے کہ امیر اپنی طاقت کے مطابق دے اور غریب اپنی طاقت کے مطابق۔ اس جگہ عام دودھ پلانے والیوں کا ذکر نہیں بلکہ ماؤں کا ہے اور یہ ذکر طلاق کے ضمن میں کیا گیا ہے اور کہا گیا ہے کہ اگر دودھ پلانے والی عورت کو طلاق دی جائے تو بچہ کی خاطر عورت کے لئے یہ ضروری ہے کہ بچے کو دودھ مقررہ مدت تک پلائے اور اس کے بدلہ میں خاوند پر فرض ہے کہ عام مزدور عورت کی طرح نہیں بلکہ اپنی توفیق کے مطابق اسے خرچ دے۔ کیونکہ یہ عورت کے جذبات کو ٹھیس پہنچانے والا ہوگا کہ ایک طرف تو اسے مجبور کیا جائے کہ وہ طلاق کے بعد بھی بچہ کو دودھ پلاتی رہے اور دوسری ط
کھانے اور کپڑے سے مراد تمام اخراجات ہیں نہ کہ صرف روٹی اور لباس اور یہ محاورہ ہے تمام ضرورتوں کو پورا کرنے کے متعلق۔
یعنی مرد سے یہ مطالبہ کرنا کہ وہ اپنی طاقت سے زیادہ خرچ کرے یہ بھی نامناسب ہے اور عورت سے مطالبہ کرنا کہ وہ ایک نوکر کی طرح طلاق کے بعد ایک عرصہ گھر میں گزار دے یہ بھی نامناسب ہے۔
یعنی بچہ کو ایک دوسرے پر دباؤ ڈالنے کا ذریعہ نہ بناؤ۔ یہ حکم نہایت لطیف ہے۔ بہت سے نادان اس حرکت کے مرتکب ہوتے ہیں اور نتیجہ یہ ہوتا ہے کہ یا تو بچے ہلاک ہو جاتے ہیں یا ان کی تربیت خراب ہو جاتی ہے۔ اس قسم کا فعل درحقیقت قتل اولاد کے مشابہ ہے اور قرآن کریم نے اس سے روک کر آئندہ اولادوں پر احسان عظیم کیا ہے۔
اس آیت سے معلوم ہوتا ہے کہ بچے کے متعلق دودھ پلانے یا چھڑانے کا فیصلہ قرآن کریم نے نہ مرد کے اختیار میں رکھا ہے نہ عورت کے اختیار میں۔ بلکہ دونوں کو مشترکہ اختیار دیا ہے شاید تمام شرائع کی تاریخ میں یہ منفرد مثال ہے کہ اس طرح اہلی معاملات میں میاں بیوی کو ایک مقام پر کھڑا کرکے برابر کے اختیارات دئیے گئے ہیں۔ ہاں یہ شرط ضرور ہے کہ دودھ پلانے کی مدت جو قرآن کریم نے مقرر کی ہے اس سے زیادہ دیر تک دودھ پلانے پر نہ خاوند مجبور کر سکتا ہے نہ عورت زور دے سکتی ہے۔ جب طلاق کے بعد بھی عورت کے جذبات کا اس قدر خیال رکھنے پر خاوند کو مجبور کیا گیا ہے تو ظاہر ہے کہ جو عورت نکاح میں ہے
قرآنی الفاظ اٰتَیْتُمْ کے ہیں جن کے لفظی معنے ہیں دے دیا ہے‘ دے چکے ہو۔ لیکن اس طرح ترجمہ کیا جائے تو ترجمہ یہ ہوگا کہ جب تم دے دو۔ جو کچھ تم دے چکے ہو۔ اور ظاہر ہے کہ یہ مراد قرآن مجید کی نہیں ہو سکتی۔ پس ان الفاظ کا ترجمہ کرتے وقت ایک اور قاعدہ کو ملحوظ رکھنا ہوگا جو یہ ہے کہ کبھی ماضی کا صیغہ قطعی فیصلہ پر دلالت کرنے کے لئے استعمال کیا جاتا ہے۔ چنانچہ قرآن کریم میں دوسرے کئی مقامات پر بھی یہ محاورہ استعمال کیا گیا ہے۔ مثلاً آتا ہے اِذَا قُمْتُمْ اِلَی الصَّلٰوۃِ فَاغْسِلُوْا وُجُوْھَکُمْ(المآئدۃ: ۷) یعنی جب تم نماز کے لئے کھڑے ہو تو اپنے مونہوں کو اور ہات
31:15; 46:16.
65:7.
2:287; 6:153; 7:43; 23:63; 65:8.
The expression, la Tudarra, is both in the active and the passive voice; the clause may, therefore, mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally applicable here.
The words Mauludulla-hu (he to whom the child belongs) have been used here in preference to the simpler word Walid (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.
One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind.
The suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of this period, if the father and the mother both agree on this course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.
31:15; 46:16.
65:7.
2:287; 6:153; 7:43; 23:63; 65:8.
Important Words:
یرضعن (give suck) is derived from رضع i.e. he (the babe) sucked. ارضعت means, she (the mother or the wet-nurse) gave suck to the child. استرضع means, he arranged for the suckling of the child; he engaged a wet-nurse for it. The infinitive-noun رضاعة signifies sucking. ھذا اخی من الرضاعة means, he is my foster-brother, both having sucked from the breast of the same woman (Aqrab & Lane).
حولین (two years) is the dual of حول (a year) which is the infinitive-noun from حال meaning, it passed and became complete, or it passed from one state to another, or it turned round. A year is called حول because it is a complete measure of time and turns round and round. حول also means strength and power to do a thing as in the well-known formula لاحول ولاقوة الابالله (Aqrab).
وسعھا (its capacity) is derived from وسع meaning, it was sufficiently capacious. وسعت رحمة الله کل شیء means, God’s mercy extends to, and covers, all things. وسع means capacity or power or strength. The infinitive-noun from it is سعة meaning, breadth; extent, capaciousness; capacity and power. ذوسعة means, a man of means or a man of ample means (Aqrab).
تکلف (is burdened) is derived from کلف. They say کلفه امرا i.e. he imposed on him the task of doing a thing, or he tasked him to do a thing. It also means, he ordered him to do a thing which was difficult or troublesome or inconvenient (Lane).
فصال (weaning the child) is derived from فصل which is both transitive and intransitive, meaning, he separated, he divided, he partitioned; or he got separated, he went forth from. فصلت المرأة رضیعھا means, the woman weaned her child, which is also a sort of separation between the woman and her suckling. ھذایوم الفصل means, this is the day when a decision or a distinction shall be made between the parties, i.e. the doers of good and the doers of evil. فصال means, the weaning of a child from its mother or from the woman who suckles it (Taj).
تشاور (consultation) is derived from شار. They say شارالعسل i.e. he extracted honey from the honey-comb. شارالدابة means, he rode the beast in order to try it and ascertain its worth. اشار besides giving the same meaning as شار, also means, he made a thing known, he pointed to a thing, he gave a word of good counsel to a person. شاوره means, he consulted him, he sought his advice and counsel. تشاور means, mutual consultation. مشورة and شوری give similar meanings, i.e. consultation (Aqrab).
Commentary:
If a woman is divorced while she is pregnant, the question of the suckling of the child and the expense of bringing it up naturally arises. The verse under comment supplies the answer. It points out that the suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of that period, if the father and the mother both agree on that course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.
The expression لاتضار is both in the active and the passive voice; the clause لاتضار والدة بولدھا may therefore mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally good and equitable. The words مولودله (he to whom the child belongs) have been used here in preference to the simpler word والد (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.
The clause, and the same is incumbent on the heir, lays down an important social principle. If a father dies leaving behind a child, it is the duty of his heirs to bring up the child and maintain it until it reaches puberty. This shall not be considered an act of favour on their part, but an act of duty. One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind. He who receives a support from another must be prepared to give the same to him, when he may stand in need of it.
a
31:15; 46:16.
b
65:7.
c
2:287; 6:153; 7:43; 23:63; 65:8.
176
لَا تُضَآرَّ (La Tudarra) 这一用语, 既是主动又是被动语态; 因此它的意思可以是: (1) 母亲不应使父亲由于他的孩子而受苦; (2) 不应使母亲由于她的孩子而受苦; 这里这两种意义都可同等适用。
177
这里用 مَوْلُوْدٌ لَهٗ (Mauludun la-hu, 孩子所归属的人) 这几个字, 而不用较简单的 وَالِد (Walid, 父亲) 这个字, 为的是指出, 具有所生的孩子, 是父亲的固有的权利而且有抚养他孩子的天职。
178
继承一个死者的财产的人, 对他留下的孩子一定要负起抚养成人的责任。
179
孩子吃奶期至多两年。在这时期结束以前, 如果父母同意, 准许提前断奶。这节经文指示, 如果没有母亲的同意, 孩子不能在两年时期结束前断奶。
1
یہاں بِالْمَعْرُوْفِ سے مراد باپ کی مَقدرت ہے کہ امیر اپنی طاقت کے مطابق دے اور غریب اپنی طاقت کے مطابق۔ اس جگہ عام دودھ پلانے والیوں کا ذکر نہیں بلکہ ماؤں کا ہے اور یہ ذکر طلاق کے ضمن میں کیا گیا ہے اور کہا گیا ہے کہ اگر دودھ پلانے والی عورت کو طلاق دی جائے تو بچہ کی خاطر عورت کے لئے یہ ضروری ہے کہ بچے کو دودھ مقررہ مدت تک پلائے اور اس کے بدلہ میں خاوند پر فرض ہے کہ عام مزدور عورت کی طرح نہیں بلکہ اپنی توفیق کے مطابق اسے خرچ دے۔ کیونکہ یہ عورت کے جذبات کو ٹھیس پہنچانے والا ہوگا کہ ایک طرف تو اسے مجبور کیا جائے کہ وہ طلاق کے بعد بھی بچہ کو دودھ پلاتی رہے اور دوسری ط
2
کھانے اور کپڑے سے مراد تمام اخراجات ہیں نہ کہ صرف روٹی اور لباس اور یہ محاورہ ہے تمام ضرورتوں کو پورا کرنے کے متعلق۔
3
یعنی مرد سے یہ مطالبہ کرنا کہ وہ اپنی طاقت سے زیادہ خرچ کرے یہ بھی نامناسب ہے اور عورت سے مطالبہ کرنا کہ وہ ایک نوکر کی طرح طلاق کے بعد ایک عرصہ گھر میں گزار دے یہ بھی نامناسب ہے۔
4
یعنی بچہ کو ایک دوسرے پر دباؤ ڈالنے کا ذریعہ نہ بناؤ۔ یہ حکم نہایت لطیف ہے۔ بہت سے نادان اس حرکت کے مرتکب ہوتے ہیں اور نتیجہ یہ ہوتا ہے کہ یا تو بچے ہلاک ہو جاتے ہیں یا ان کی تربیت خراب ہو جاتی ہے۔ اس قسم کا فعل درحقیقت قتل اولاد کے مشابہ ہے اور قرآن کریم نے اس سے روک کر آئندہ اولادوں پر احسان عظیم کیا ہے۔
5
اس آیت سے معلوم ہوتا ہے کہ بچے کے متعلق دودھ پلانے یا چھڑانے کا فیصلہ قرآن کریم نے نہ مرد کے اختیار میں رکھا ہے نہ عورت کے اختیار میں۔ بلکہ دونوں کو مشترکہ اختیار دیا ہے شاید تمام شرائع کی تاریخ میں یہ منفرد مثال ہے کہ اس طرح اہلی معاملات میں میاں بیوی کو ایک مقام پر کھڑا کرکے برابر کے اختیارات دئیے گئے ہیں۔ ہاں یہ شرط ضرور ہے کہ دودھ پلانے کی مدت جو قرآن کریم نے مقرر کی ہے اس سے زیادہ دیر تک دودھ پلانے پر نہ خاوند مجبور کر سکتا ہے نہ عورت زور دے سکتی ہے۔ جب طلاق کے بعد بھی عورت کے جذبات کا اس قدر خیال رکھنے پر خاوند کو مجبور کیا گیا ہے تو ظاہر ہے کہ جو عورت نکاح میں ہے
6
قرآنی الفاظ اٰتَیْتُمْ کے ہیں جن کے لفظی معنے ہیں دے دیا ہے‘ دے چکے ہو۔ لیکن اس طرح ترجمہ کیا جائے تو ترجمہ یہ ہوگا کہ جب تم دے دو۔ جو کچھ تم دے چکے ہو۔ اور ظاہر ہے کہ یہ مراد قرآن مجید کی نہیں ہو سکتی۔ پس ان الفاظ کا ترجمہ کرتے وقت ایک اور قاعدہ کو ملحوظ رکھنا ہوگا جو یہ ہے کہ کبھی ماضی کا صیغہ قطعی فیصلہ پر دلالت کرنے کے لئے استعمال کیا جاتا ہے۔ چنانچہ قرآن کریم میں دوسرے کئی مقامات پر بھی یہ محاورہ استعمال کیا گیا ہے۔ مثلاً آتا ہے اِذَا قُمْتُمْ اِلَی الصَّلٰوۃِ فَاغْسِلُوْا وُجُوْھَکُمْ(المآئدۃ: ۷) یعنی جب تم نماز کے لئے کھڑے ہو تو اپنے مونہوں کو اور ہات
a
31:15; 46:16.
b
65:7.
c
2:287; 6:153; 7:43; 23:63; 65:8.
240
Important Words:
یرضعن (give suck) is derived from رضع i.e. he (the babe) sucked. ارضعت means, she (the mother or the wet-nurse) gave suck to the child. استرضع means, he arranged for the suckling of the child; he engaged a wet-nurse for it. The infinitive-noun رضاعة signifies sucking. ھذا اخی من الرضاعة means, he is my foster-brother, both having sucked from the breast of the same woman (Aqrab & Lane).
حولین (two years) is the dual of حول (a year) which is the infinitive-noun from حال meaning, it passed and became complete, or it passed from one state to another, or it turned round. A year is called حول because it is a complete measure of time and turns round and round. حول also means strength and power to do a thing as in the well-known formula لاحول ولاقوة الابالله (Aqrab).
وسعھا (its capacity) is derived from وسع meaning, it was sufficiently capacious. وسعت رحمة الله کل شیء means, God’s mercy extends to, and covers, all things. وسع means capacity or power or strength. The infinitive-noun from it is سعة meaning, breadth; extent, capaciousness; capacity and power. ذوسعة means, a man of means or a man of ample means (Aqrab).
تکلف (is burdened) is derived from کلف. They say کلفه امرا i.e. he imposed on him the task of doing a thing, or he tasked him to do a thing. It also means, he ordered him to do a thing which was difficult or troublesome or inconvenient (Lane).
فصال (weaning the child) is derived from فصل which is both transitive and intransitive, meaning, he separated, he divided, he partitioned; or he got separated, he went forth from. فصلت المرأة رضیعھا means, the woman weaned her child, which is also a sort of separation between the woman and her suckling. ھذایوم الفصل means, this is the day when a decision or a distinction shall be made between the parties, i.e. the doers of good and the doers of evil. فصال means, the weaning of a child from its mother or from the woman who suckles it (Taj).
تشاور (consultation) is derived from شار. They say شارالعسل i.e. he extracted honey from the honey-comb. شارالدابة means, he rode the beast in order to try it and ascertain its worth. اشار besides giving the same meaning as شار, also means, he made a thing known, he pointed to a thing, he gave a word of good counsel to a person. شاوره means, he consulted him, he sought his advice and counsel. تشاور means, mutual consultation. مشورة and شوری give similar meanings, i.e. consultation (Aqrab).
Commentary:
If a woman is divorced while she is pregnant, the question of the suckling of the child and the expense of bringing it up naturally arises. The verse under comment supplies the answer. It points out that the suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of that period, if the father and the mother both agree on that course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.
The expression لاتضار is both in the active and the passive voice; the clause لاتضار والدة بولدھا may therefore mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally good and equitable. The words مولودله (he to whom the child belongs) have been used here in preference to the simpler word والد (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.
The clause, and the same is incumbent on the heir, lays down an important social principle. If a father dies leaving behind a child, it is the duty of his heirs to bring up the child and maintain it until it reaches puberty. This shall not be considered an act of favour on their part, but an act of duty. One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind. He who receives a support from another must be prepared to give the same to him, when he may stand in need of it.
a
31:15; 46:16.
b
65:7.
c
2:287; 6:153; 7:43; 23:63; 65:8.
286
The expression, la Tudarra, is both in the active and the passive voice; the clause may, therefore, mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally applicable here.
287
The words Mauludulla-hu (he to whom the child belongs) have been used here in preference to the simpler word Walid (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.
288
One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind.
288A
The suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of this period, if the father and the mother both agree on this course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.
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).
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًا وَصِيَّةً لِّأَزْوَٰجِهِم مَّتَٰعًا إِلَى ٱلْحَوْلِ غَيْرَ إِخْرَاجٍ ۚ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ مِن مَّعْرُوفٍ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
وَصِیَّۃً مصدر ہے۔ اس کے پہلے یُوْصُوْنَ محذوف سمجھا جائے گا‘ یعنی وہ وصیت کر جائیں۔ مَتَاعًا دوسرا مصدر ہے۔ اس سے پہلے بھی اَنْ مَتِّعُوْھُنَّ محذوف ہے اور معنے یہ ہیں کہ یہ وصیت کر جائیں کہ بعد میں وہ لوگ جن کے ہاتھ میں وصیت کا اجرا ہے انہیں ایک سال تک فائدہ پہنچائیں۔ اس کے بعد غَیْرَ اِخْرَاجٍ کے الفاظ ہیں جو بدل ہیں متاع کا۔ پس معنے یہ ہوئے کہ فائدہ پہنچانے سے مراد ہماری یہ ہے کہ ان کو گھروں سے نہ نکالیں بلکہ باوجود اس کے کہ مکان کسی اور وارث کے حصہ میں آیا ہو بیویوں کو ایک سال تک اس میں رہنے کا حق حاصل رہے۔ اس کے یہ معنے نہیں کہ عورت خود بھی
مَعْرُوْف کے معنے قانون یا فطرت یا قومی رواج کے مطابق کے ہیں‘ یعنی جسے لوگ جانتے ہیں۔ اس جگہ اس کے معنے پسندیدہ کے اور بہتر کے ہیں۔ مطلب یہ ہے کہ خواہ عدت کے بعد عورتیں نکاح کریں خواہ اپنے والدین یا دوسرے رشتہ داروں کے ہاں چلی جائیں یا کوئی نوکری اختیار کریں تم پر کوئی اعتراض نہیں۔ اور اس حکم کے رو سے تمہیں نہیں چاہییٔ کہ انہیں روکو۔
2:235.
The period of waiting laid down for a widow in 2:235 is four months and ten days in which time she can, as of right, claim residence and maintenance from the heirs of her deceased husband. The period of one year mentioned here is only a concession or a favour for a widow in addition to her right of residence and maintenance mentioned in 2:235. The concession forms no part of her share in the inheritance, nor is it an obligatory injunction.
2:235.
Commentary:
The middle verses, which came in like the middle Prayer, having ended, the Quran reverts to the original subject of conjugal relations. The verse under comment is erroneously believed by some to have been abrogated by 2:235 and 4:13. Apart from the fact that the abrogation theory is based on lack of the knowledge of true teaching of the Quran, there is nothing in the verses referred to above which contradicts the provision contained in the present verse. The period of waiting laid down for a widow in 2:235 is four months and ten days in which time she can, as of right, claim residence and maintenance from the heirs of her deceased husband. The period of one year mentioned in the present verse has nothing to do with the above-mentioned period of waiting, as the words, but if they themselves go out, there shall be no blame upon you; clearly show. The present verse only contains a concession or a favour for a widow in addition to her right of residence and maintenance mentioned in 2:235. One year is about the time conveniently required by a widow for making suitable arrangements about her future. It is also the requisite time for a pregnant widow to be delivered of the child and relieved of the encumbrances attending thereto. Nor has this verse anything to do with the share of a widow in the property left by her husband as stated in 4:13. The concession about residence and maintenance for one year mentioned in the present verse forms no part of her share in the inheritance. The verse contains no obligatory injunction, but only an additional exhortation to the heirs of the deceased person to show special kindness to the widow for a period of one year, just as the following verse embodies an identical exhortation in favour of a divorced woman.
d
2:235.
190
2:235经文中为寡妇所制定的四个月零十天的待婚期中, 她有权要求她亡夫的那些继承人给她住所和生活费。这里谈的一年, 只是在2:235节经文中所提到她的住所和生活费权利以外为期一年的同样权利是特殊的优惠。
3
وَصِیَّۃً مصدر ہے۔ اس کے پہلے یُوْصُوْنَ محذوف سمجھا جائے گا‘ یعنی وہ وصیت کر جائیں۔ مَتَاعًا دوسرا مصدر ہے۔ اس سے پہلے بھی اَنْ مَتِّعُوْھُنَّ محذوف ہے اور معنے یہ ہیں کہ یہ وصیت کر جائیں کہ بعد میں وہ لوگ جن کے ہاتھ میں وصیت کا اجرا ہے انہیں ایک سال تک فائدہ پہنچائیں۔ اس کے بعد غَیْرَ اِخْرَاجٍ کے الفاظ ہیں جو بدل ہیں متاع کا۔ پس معنے یہ ہوئے کہ فائدہ پہنچانے سے مراد ہماری یہ ہے کہ ان کو گھروں سے نہ نکالیں بلکہ باوجود اس کے کہ مکان کسی اور وارث کے حصہ میں آیا ہو بیویوں کو ایک سال تک اس میں رہنے کا حق حاصل رہے۔ اس کے یہ معنے نہیں کہ عورت خود بھی
4
مَعْرُوْف کے معنے قانون یا فطرت یا قومی رواج کے مطابق کے ہیں‘ یعنی جسے لوگ جانتے ہیں۔ اس جگہ اس کے معنے پسندیدہ کے اور بہتر کے ہیں۔ مطلب یہ ہے کہ خواہ عدت کے بعد عورتیں نکاح کریں خواہ اپنے والدین یا دوسرے رشتہ داروں کے ہاں چلی جائیں یا کوئی نوکری اختیار کریں تم پر کوئی اعتراض نہیں۔ اور اس حکم کے رو سے تمہیں نہیں چاہییٔ کہ انہیں روکو۔
a
2:235.
247
Commentary:
The middle verses, which came in like the middle Prayer, having ended, the Quran reverts to the original subject of conjugal relations. The verse under comment is erroneously believed by some to have been abrogated by 2:235 and 4:13. Apart from the fact that the abrogation theory is based on lack of the knowledge of true teaching of the Quran, there is nothing in the verses referred to above which contradicts the provision contained in the present verse. The period of waiting laid down for a widow in 2:235 is four months and ten days in which time she can, as of right, claim residence and maintenance from the heirs of her deceased husband. The period of one year mentioned in the present verse has nothing to do with the above-mentioned period of waiting, as the words, but if they themselves go out, there shall be no blame upon you; clearly show. The present verse only contains a concession or a favour for a widow in addition to her right of residence and maintenance mentioned in 2:235. One year is about the time conveniently required by a widow for making suitable arrangements about her future. It is also the requisite time for a pregnant widow to be delivered of the child and relieved of the encumbrances attending thereto. Nor has this verse anything to do with the share of a widow in the property left by her husband as stated in 4:13. The concession about residence and maintenance for one year mentioned in the present verse forms no part of her share in the inheritance. The verse contains no obligatory injunction, but only an additional exhortation to the heirs of the deceased person to show special kindness to the widow for a period of one year, just as the following verse embodies an identical exhortation in favour of a divorced woman.
a
2:235.
298
The period of waiting laid down for a widow in 2:235 is four months and ten days in which time she can, as of right, claim residence and maintenance from the heirs of her deceased husband. The period of one year mentioned here is only a concession or a favour for a widow in addition to her right of residence and maintenance mentioned in 2:235. The concession forms no part of her share in the inheritance, nor is it an obligatory injunction.
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.
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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。
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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).
وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةً ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيٓـًٔا مَّرِيٓـًٔا
4:25-26; 60:11.
4:25-26; 60:11.
Saduqat is the plural of Saduqah which means, dowry or a gift which is given to or for a bride (Lane).
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry to meet their own needs, but should faithfully hand it over to her. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. The words "giving the dowry willingly and cheerfully" also imply that the amount of the dowry should be well within the means of the husband so that its payment may not be a burden to him. He should be in a position to pay it willingly and cheerfully.
4:25, 26; 60:11.
Important Words:
صدقات (dowries) which is the plural of صدقة (saduqah) and not صدقة (sadaqah), as might be wrongly supposed, is derived from صدق. They say صدق فی الحدیث i.e. he was true in his speech, or he spoke the truth, or he spoke truthfully. صدق فی القتال means, he fought well: he gave a good account of himself in the fight; he was true to his duty in the fight. صدق فی الوعدmeans, he was truthful in his promise. The expression صدقه النصیحة والاخاء means, he was sincere to him in his advice and brotherly affection. See also 2:32. صدقة (sadaqah) of which the plural is صدقات (sadaqat) means, anything given to win the pleasure of God and a good reward from Him; alms and charity; Zakah, i.e. the prescribed tax of Islam for helping the poor, etc. صدقة (saduqah) of which the plural is صدقات (saduqat) as in the present verse, means, dowry or nuptial gift a gift that is given to or for a bride (Lane & Aqrab). Another word for it is صداق (or مھر) which Islam prescribes for every marriage tie, making it binding on the husband to pay to his wife. It is so called because it is a symbol of truthfulness and sincerity on the part of the husband.
نحلة (willingly) is derived from نحل. The expression نحل المراة means, he gave his wife her مھر or dowry. They say نحل فلانا i.e. he gave such a one willingly and cheerfully without expecting a return. نحلة means, giving a thing willingly and cheerfully without expecting a return; payment of the dowry to a wife; a free gift. نحلة is distinguishable from ھبة (a free gift) in that everyھبة is نحلة but every نحلة is not ھبة (Aqrab & Mufradat).
Commentary:
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry received from the husband to meet their own needs, but should faithfully hand it over to her. Some persons receive the dowry of their female wards from their husbands and then, instead of giving it to them, keep it for themselves. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. Some people fix dowries for their wives and then hesitate or even refuse to pay them, expecting them and even urging them to forego the right. The verse condemns this evil practice.
The word نحلة (paying the dowry willingly and cheerfully) also points to the amount of the dowry being reasonable it should be well within the means of the husband so that its payment may not be a painful burden to him. He should be in a position to pay it willingly and cheerfully.
The clause, if they, of their own pleasure, remit to you a part thereof, applies to those wives who voluntarily and willingly give up or pay back anything out of the agreed dowry. It does not apply to a case in which the wife is asked or made to relinquish the whole or part of the dowry before it has been actually paid to her. According to ‘Umar, a woman might claim back her dowry even after she has given it up, if she has done so under any vestige of pressure.
The words, then enjoy it as something pleasant and wholesome, imply a compliment to such husbands as evoke a willing and voluntary response from their wives owing to their kind and loving treatment of them. In such cases the wives are so pleased with their husbands that they offer to them a part of their dowry out of their own free will, as a token of the true love that exists between them.
a
4:25-26; 60:11.
a
4:25, 26; 60:11.
487
Important Words:
صدقات (dowries) which is the plural of صدقة (saduqah) and not صدقة (sadaqah), as might be wrongly supposed, is derived from صدق. They say صدق فی الحدیث i.e. he was true in his speech, or he spoke the truth, or he spoke truthfully. صدق فی القتال means, he fought well: he gave a good account of himself in the fight; he was true to his duty in the fight. صدق فی الوعدmeans, he was truthful in his promise. The expression صدقه النصیحة والاخاء means, he was sincere to him in his advice and brotherly affection. See also 2:32. صدقة (sadaqah) of which the plural is صدقات (sadaqat) means, anything given to win the pleasure of God and a good reward from Him; alms and charity; Zakah, i.e. the prescribed tax of Islam for helping the poor, etc. صدقة (saduqah) of which the plural is صدقات (saduqat) as in the present verse, means, dowry or nuptial gift a gift that is given to or for a bride (Lane & Aqrab). Another word for it is صداق (or مھر) which Islam prescribes for every marriage tie, making it binding on the husband to pay to his wife. It is so called because it is a symbol of truthfulness and sincerity on the part of the husband.
نحلة (willingly) is derived from نحل. The expression نحل المراة means, he gave his wife her مھر or dowry. They say نحل فلانا i.e. he gave such a one willingly and cheerfully without expecting a return. نحلة means, giving a thing willingly and cheerfully without expecting a return; payment of the dowry to a wife; a free gift. نحلة is distinguishable from ھبة (a free gift) in that everyھبة is نحلة but every نحلة is not ھبة (Aqrab & Mufradat).
Commentary:
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry received from the husband to meet their own needs, but should faithfully hand it over to her. Some persons receive the dowry of their female wards from their husbands and then, instead of giving it to them, keep it for themselves. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. Some people fix dowries for their wives and then hesitate or even refuse to pay them, expecting them and even urging them to forego the right. The verse condemns this evil practice.
The word نحلة (paying the dowry willingly and cheerfully) also points to the amount of the dowry being reasonable it should be well within the means of the husband so that its payment may not be a painful burden to him. He should be in a position to pay it willingly and cheerfully.
The clause, if they, of their own pleasure, remit to you a part thereof, applies to those wives who voluntarily and willingly give up or pay back anything out of the agreed dowry. It does not apply to a case in which the wife is asked or made to relinquish the whole or part of the dowry before it has been actually paid to her. According to ‘Umar, a woman might claim back her dowry even after she has given it up, if she has done so under any vestige of pressure.
The words, then enjoy it as something pleasant and wholesome, imply a compliment to such husbands as evoke a willing and voluntary response from their wives owing to their kind and loving treatment of them. In such cases the wives are so pleased with their husbands that they offer to them a part of their dowry out of their own free will, as a token of the true love that exists between them.
a
4:25-26; 60:11.
563
Saduqat is the plural of Saduqah which means, dowry or a gift which is given to or for a bride (Lane).
564
The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry to meet their own needs, but should faithfully hand it over to her. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. The words "giving the dowry willingly and cheerfully" also imply that the amount of the dowry should be well within the means of the husband so that its payment may not be a burden to him. He should be in a position to pay it willingly and cheerfully.
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَّفْرُوضًا
4:34.
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
4:34.
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
b
4:34.
312
伊斯兰教遗产继承法是以此节经文为基础的。它确定了男女社会平等的原则。男女双方都有权恰当分享财产。详细条例在以下几节经文中提及。
a
4:34.
490
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
a
4:34.
570
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:177.
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
4:177.
Father and mother both (Lane).
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
4:177.
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
314
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
b
4:177.
494
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
573
Father and mother both (Lane).
574
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
574A
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
4:177.
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
4:177.
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
4:177.
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
315
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
316
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
1
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
a
4:177.
495
Important Words:
کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).
Commentary:
The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.
It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.
The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.
It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.
The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.
It may incidentally be noted here that heirs are divided into two main groups:
1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.
2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.
It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.
The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.
The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.
a
4:177.
575
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘Allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters are technically called Akhyafi). It is to the last mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters having been given i
575A
The words. "without intent to cause injury to any one" are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا يَحِلُّ لَكُمْ أَن تَرِثُوا۟ ٱلنِّسَآءَ كَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا۟ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍ مُّبَيِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ ۚ فَإِن كَرِهْتُمُوهُنَّ فَعَسَىٰٓ أَن تَكْرَهُوا۟ شَيْـًٔا وَيَجْعَلَ ٱللَّهُ فِيهِ خَيْرًا كَثِيرًا
2:217.
4:16.
死者的亲戚不能阻止他的寡妇再婚以求得到她的财产; 但如果她打算嫁一个品质显然可恶的人, 他们可以阻止她结婚。如果这话是对丈夫说的, 本节经文就意味着, 假如妻子不想与其丈夫生活在一起而要与丈夫分居, 她们可以根据 خُلْع (Khul‘) 这样做, 丈夫不应出于贪图妻子的钱而阻止分居。可是倘若妻子要干出明显的丑事时, 他们可以阻止。
خُلْع (Khul‘): 经由交付赔偿或商量, 妻子所获得的离婚权利。
据传穆圣说过, “你们之中最好的人就是对待妻子最好的人。” (بُخَارِی, Bukhari)。عَاشِرُوْهُنَّ (‘Ashiruhunna) 一词属于阿语词律 مُفَاعَلَة (Mufa‘alah), 表示互惠;夫妻双方都应该和睦相处, 相亲相爱。
یعنی پہلی آیت کے مطابق ان کو باہر نکلنے سے روک سکتے ہو۔ ان کا مال چھیننے کے لئے ایسا نہ کرو۔ اس آیت میں جو اِلَّا (یعنی سوائے) کا لفظ ہے اس سے یہ مرادنہیں کہ اگر وہ فاحشہ کی مرتکب ہوں تو مال چھین سکتے ہو بلکہ استثنا گھروں میں روکنے کے متعلق ہے نہ کہ مال لینے کے متعلق اور مراد یہ ہے کہ پہلی آیت کے مطابق وہ فاحشہ کی مرتکب ہوں تو صرف اس صورت میں ان کو گھروں سے نکلنے سے روک سکتے ہو۔
See 4:16.
2:217.
The deceased person’s relatives cannot prevent his widow from contracting a new marriage so that they may get hold of her property; but they can prevent her from doing so if she intends to marry a person of manifestly objectionable character. If the address is to the husbands, the verse would mean that if the wives do not want to live with their husbands and seek separation from them, which they can do by means of Khula’ the husbands should not prevent them from doing so out of greed for their money. But they can do so, if the wives are going to be guilty of a manifestly foul act.
The Holy Prophet is reported to have said, "The best among you is he who treats his wife best" (Bukhari). The expression ‘Ashiruhunna being of the measure Mufa‘alah denotes reciprocity; husbands and wives are both enjoined to live amicably with each other and reciprocate each other’s love.
See 4:16.
2:217.
Commentary:
Men become heirs of women against their will in various ways: (1) A man does not like his wife and does not treat her well, yet he does not divorce her, hoping to possess her property after her death; (2) He treats his wife harshly and compels her by ill-treatment to obtain separation (khula‘) from him by giving him a part or whole of her property, or by surrendering her dowry; (3) The relations of the deceased husband of a widow prevent her from marrying another husband in order to get possession of her property after her death; (4) They force her to marry someone from among themselves against her will, treating her virtually as a part of the property left by her dead husband; (5) The husband takes by force the property of his wife, as if it were his by legal right; (6) The relatives of the deceased husband take away by force the property of his widow, depriving her of her right of inheritance.
The deceased person’s relatives cannot prevent his widow from contracting a new marriage so that they may get hold of her property; but they can prevent her from doing so, if she intends to marry a person of manifestly objectionable character.
If the address is to the husbands, the verse would mean that if the wives do not want to live with their husbands and seek separation from them, which they can do by means of khula‘, the husbands should not prevent them from doing so out of greed for their money. But they can do so, if the wives are going to be guilty of a manifestly foul act.
The words, consort with them in kindness, embody the pith of the Islamic teachings about the treatment of wives. They are not to be treated in a dry, businesslike way, but with love and kindness. The Holy Prophet is reported to have said: خیر کم خیر کم لاھله i.e. "the best among you is he who is best in his treatment of his wife" (Tirmidhi). But as a one-sided affair can never be truly successful, the Quran uses the expression عاشروھن (consort with them), which, being of the measure مفاعلةdenotes reciprocity. So husbands and wives are both enjoined to live amicably with each other and reciprocate each other’s love and kindness.
A woman cannot adequately appreciate and acknowledge the great debt she owes to the Quran. No other Scripture has given to her the high status that the Quran gives her. It not only lays down her inalienable rights but also exhorts men to overlook the weaknesses and shortcomings of their wives, and treat them with kindness and benevolence even if they do not like them. The memorable words of the Holy Prophet quoted above, i.e. "The best of you is he who is best in his treatment of his wife" (Tirmidhi), are only an echo of the noble teachings of the Quran with regard to women.
a
2:217.
c
4:16.
321
死者的亲戚不能阻止他的寡妇再婚以求得到她的财产; 但如果她打算嫁一个品质显然可恶的人, 他们可以阻止她结婚。如果这话是对丈夫说的, 本节经文就意味着, 假如妻子不想与其丈夫生活在一起而要与丈夫分居, 她们可以根据 خُلْع (Khul‘) 这样做, 丈夫不应出于贪图妻子的钱而阻止分居。可是倘若妻子要干出明显的丑事时, 他们可以阻止。
خُلْع (Khul‘): 经由交付赔偿或商量, 妻子所获得的离婚权利。
322
据传穆圣说过, “你们之中最好的人就是对待妻子最好的人。” (بُخَارِی, Bukhari)。عَاشِرُوْهُنَّ (‘Ashiruhunna) 一词属于阿语词律 مُفَاعَلَة (Mufa‘alah), 表示互惠;夫妻双方都应该和睦相处, 相亲相爱。
1
یعنی پہلی آیت کے مطابق ان کو باہر نکلنے سے روک سکتے ہو۔ ان کا مال چھیننے کے لئے ایسا نہ کرو۔ اس آیت میں جو اِلَّا (یعنی سوائے) کا لفظ ہے اس سے یہ مرادنہیں کہ اگر وہ فاحشہ کی مرتکب ہوں تو مال چھین سکتے ہو بلکہ استثنا گھروں میں روکنے کے متعلق ہے نہ کہ مال لینے کے متعلق اور مراد یہ ہے کہ پہلی آیت کے مطابق وہ فاحشہ کی مرتکب ہوں تو صرف اس صورت میں ان کو گھروں سے نکلنے سے روک سکتے ہو۔
b
See 4:16.
c
2:217.
499
Commentary:
Men become heirs of women against their will in various ways: (1) A man does not like his wife and does not treat her well, yet he does not divorce her, hoping to possess her property after her death; (2) He treats his wife harshly and compels her by ill-treatment to obtain separation (khula‘) from him by giving him a part or whole of her property, or by surrendering her dowry; (3) The relations of the deceased husband of a widow prevent her from marrying another husband in order to get possession of her property after her death; (4) They force her to marry someone from among themselves against her will, treating her virtually as a part of the property left by her dead husband; (5) The husband takes by force the property of his wife, as if it were his by legal right; (6) The relatives of the deceased husband take away by force the property of his widow, depriving her of her right of inheritance.
The deceased person’s relatives cannot prevent his widow from contracting a new marriage so that they may get hold of her property; but they can prevent her from doing so, if she intends to marry a person of manifestly objectionable character.
If the address is to the husbands, the verse would mean that if the wives do not want to live with their husbands and seek separation from them, which they can do by means of khula‘, the husbands should not prevent them from doing so out of greed for their money. But they can do so, if the wives are going to be guilty of a manifestly foul act.
The words, consort with them in kindness, embody the pith of the Islamic teachings about the treatment of wives. They are not to be treated in a dry, businesslike way, but with love and kindness. The Holy Prophet is reported to have said: خیر کم خیر کم لاھله i.e. "the best among you is he who is best in his treatment of his wife" (Tirmidhi). But as a one-sided affair can never be truly successful, the Quran uses the expression عاشروھن (consort with them), which, being of the measure مفاعلةdenotes reciprocity. So husbands and wives are both enjoined to live amicably with each other and reciprocate each other’s love and kindness.
A woman cannot adequately appreciate and acknowledge the great debt she owes to the Quran. No other Scripture has given to her the high status that the Quran gives her. It not only lays down her inalienable rights but also exhorts men to overlook the weaknesses and shortcomings of their wives, and treat them with kindness and benevolence even if they do not like them. The memorable words of the Holy Prophet quoted above, i.e. "The best of you is he who is best in his treatment of his wife" (Tirmidhi), are only an echo of the noble teachings of the Quran with regard to women.
b
See 4:16.
c
2:217.
580
The deceased person’s relatives cannot prevent his widow from contracting a new marriage so that they may get hold of her property; but they can prevent her from doing so if she intends to marry a person of manifestly objectionable character. If the address is to the husbands, the verse would mean that if the wives do not want to live with their husbands and seek separation from them, which they can do by means of Khula’ the husbands should not prevent them from doing so out of greed for their money. But they can do so, if the wives are going to be guilty of a manifestly foul act.
581
The Holy Prophet is reported to have said, "The best among you is he who treats his wife best" (Bukhari). The expression ‘Ashiruhunna being of the measure Mufa‘alah denotes reciprocity; husbands and wives are both enjoined to live amicably with each other and reciprocate each other’s love.
وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَٰقًا غَلِيظًا
These words do not necessarily imply sexual intercourse. They mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or money he may have given her, even though he may not have gone in unto her.
Women are not slaves of the whims or caprices of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect because, as regards their social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant—the tie of marriage—they have made with their wives.
Important Words:
افضی (has been alone) is formed from فضأ meaning, it was or became empty or vacant, or void; it was or became wide or spacious, افضیت الی الشیء means, I came to or reached a thing افضی الی امرأته means, he went in unto his wife; or he came in contact with his wife, skin to skin; he was with her alone in private (Lane).
Commentary:
The words, one of you has been alone with the other, do not necessarily imply sexual intercourse. They only mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or sum of money he may have given her, even though he may not have gone in unto her.
The expression, and they (the women) have taken from you a strong covenant, shows that women are not the slaves of the whim or caprice of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect and faithfully discharge, because, as regards social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant they have made with their wives, the very tie of marriage having the force of a covenant.
501
Important Words:
افضی (has been alone) is formed from فضأ meaning, it was or became empty or vacant, or void; it was or became wide or spacious, افضیت الی الشیء means, I came to or reached a thing افضی الی امرأته means, he went in unto his wife; or he came in contact with his wife, skin to skin; he was with her alone in private (Lane).
Commentary:
The words, one of you has been alone with the other, do not necessarily imply sexual intercourse. They only mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or sum of money he may have given her, even though he may not have gone in unto her.
The expression, and they (the women) have taken from you a strong covenant, shows that women are not the slaves of the whim or caprice of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect and faithfully discharge, because, as regards social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant they have made with their wives, the very tie of marriage having the force of a covenant.
583
These words do not necessarily imply sexual intercourse. They mean living with each other and meeting each other in private on terms of extreme intimacy. According to this verse, a man cannot take back from his wife any property or money he may have given her, even though he may not have gone in unto her.
584
Women are not slaves of the whims or caprices of men. Both are bound by a sacred contract and men owe to their wives obligations which they must respect because, as regards their social rights, both are on much the same level. Men are warned here not to treat light-heartedly the covenant—the tie of marriage—they have made with their wives.
وَلَا تَنكِحُوا۟ مَا نَكَحَ ءَابَآؤُكُم مِّنَ ٱلنِّسَآءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُۥ كَانَ فَٰحِشَةً وَمَقْتًا وَسَآءَ سَبِيلًا
The words do not mean that stepmothers taken as wives or two sisters taken in marriage together before this verse was revealed could be retained. What they mean is simply this that if such men repent and make amends, no harm will come to them for what unlawful acts they might have committed in the past. The past will be forgiven but the women whom it is unlawful to marry are to be divorced at once.
Important Words:
مقتا (hateful). مقته means, he hated him on account of a foul or evil action committed by him; he hated him with a violent hatred on account of a foul or evil action. مقتtherefore, means, violent hatred based on some foul or evil action; contracting marriage with the former wife of one’s father which is considered to be a most hateful act (Aqrab).
Commentary:
The clause, except what has already passed, does not mean that stepmothers taken as wives before this verse was revealed could be retained. What the words mean is simply that if such men repent and amend, no harm will come to them for what unlawful acts they might have committed in the past. The past will certainly be forgiven but the women whom it was unlawful to marry were to be divorced at once after this verse was revealed. In fact, the position of women in pre-Islamic Arabia was so degraded that men looked upon their stepmothers as part of the chattels, left by their fathers, with whom they did what they liked. Islam accorded to women inviolable rights which could not be infringed with impunity.
502
Important Words:
مقتا (hateful). مقته means, he hated him on account of a foul or evil action committed by him; he hated him with a violent hatred on account of a foul or evil action. مقتtherefore, means, violent hatred based on some foul or evil action; contracting marriage with the former wife of one’s father which is considered to be a most hateful act (Aqrab).
Commentary:
The clause, except what has already passed, does not mean that stepmothers taken as wives before this verse was revealed could be retained. What the words mean is simply that if such men repent and amend, no harm will come to them for what unlawful acts they might have committed in the past. The past will certainly be forgiven but the women whom it was unlawful to marry were to be divorced at once after this verse was revealed. In fact, the position of women in pre-Islamic Arabia was so degraded that men looked upon their stepmothers as part of the chattels, left by their fathers, with whom they did what they liked. Islam accorded to women inviolable rights which could not be infringed with impunity.
585
The words do not mean that stepmothers taken as wives or two sisters taken in marriage together before this verse was revealed could be retained. What they mean is simply this that if such men repent and make amends, no harm will come to them for what unlawful acts they might have committed in the past. The past will be forgiven but the women whom it is unlawful to marry are to be divorced at once.
حُرِّمَتْ عَلَيْكُمْ أُمَّهَٰتُكُمْ وَبَنَاتُكُمْ وَأَخَوَٰتُكُمْ وَعَمَّٰتُكُمْ وَخَٰلَٰتُكُمْ وَبَنَاتُ ٱلْأَخِ وَبَنَاتُ ٱلْأُخْتِ وَأُمَّهَٰتُكُمُ ٱلَّٰتِىٓ أَرْضَعْنَكُمْ وَأَخَوَٰتُكُم مِّنَ ٱلرَّضَٰعَةِ وَأُمَّهَٰتُ نِسَآئِكُمْ وَرَبَٰٓئِبُكُمُ ٱلَّٰتِى فِى حُجُورِكُم مِّن نِّسَآئِكُمُ ٱلَّٰتِى دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا۟ دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَٰٓئِلُ أَبْنَآئِكُمُ ٱلَّذِينَ مِنْ أَصْلَٰبِكُمْ وَأَن تَجْمَعُوا۟ بَيْنَ ٱلْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ ٱللَّهَ كَانَ غَفُورًا رَّحِيمًا
The Holy Prophet is reported to have said that the relatives of foster- mothers are as forbidden as those within the prohibited degrees of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on.
Theologians differ as to what number of sucks makes the marriage of foster-mothers and foster-sisters and their relations (within prohibited degrees of marriage) unlawful.
Important Words:
ربائب (step-daughters) is derived from رب and is the plural of ربیبة meaning the daughter of a woman’s husband by another wife or the daughter of a man’s wife by another husband, because he or she rears her in spite of her being not a real daughter; or it means the wife of a man having child by another wife; also a woman who has the charge of a child, who rears or fosters it (Lane & Aqrab).
حجور (wards) is the plural of حجر which is derived from حجر meaning, he prevented or hindered it. حجر means, bosom or breast or the part beneath the armpit; custody, care or guardianship. They say, نشأ زید فی حجر عمرو i.e. Zaid grew up in the care and protection of ‘Amr. The expression التی فی حجور کم would, therefore, mean, those who are under your care or guardianship, i.e. your wards (Lane Aqrab & Mufradat).
حلائل (wives) is the plural of حلیلand حلیلة which are both derived from حل i.e. he alighted or took up his abode; or he or it became lawful; or he untied a knot, etc. حلیل means, husband and حلیلةwife. حلیل also means, a fellow-lodger or fellow-resident of another in one house (Aqrab). It also means a neighbour and a guest (Lane).
ارضعنکم (have given you suck) is derived from رضع. They say رضع امه i.e. he sucked the breast of his mother. ھذا اخی من الرضاعةmeans, he is my foster-brother, we both having sucked the breast of the same woman. ارضعته امه means, his mother suckled him; and استرضعت المرأة ولدی means, I sought or demanded of the woman that she should suckle my child (Lane).
Commentary:
The prohibition about marrying mothers, sisters and daughters may look superfluous; but there are certain people (e.g. certain sects among the Hindus) who regard such marriages as not only permissible, but even meritorious. The Quran, being a perfect code of Law, contains everything essential for man’s physical, moral and spiritual well-being. The Quranic laws are in perfect harmony with human nature; in fact, they only remind us of what is writ large on the book of human nature by God’s own hand. Human nature responds to what is taught by the Quran and the Qurancommands that which human nature demands, and it prohibits what human nature revolts against. The Holy Prophet is reported to have said that the relatives of foster mothers are as forbidden as those within prohibited degree of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on. There exists, however, a difference of opinion among Muslim theologians as to what amount of suckling makes the marriage of foster mothers and foster-sisters and their relations (within prohibited degree of marriage) unlawful. Some hold the view that the prohibition comes into operation in all cases even when a woman has given suck to a child only once. According to others who derive their authority from a saying of the Holy Prophet, reported by ‘A’ishah, viz. لا تحرم المصة ولا المصتان i.e. "A suck or two do not make marriage unlawful" (Tirmidhi, ch. on Rida’), the least number of sucks to render marriage unlawful is three. But there is yet another saying of the Holy Prophet, also reported by ‘A’ishah, that mentionsخمس رضعات معلومات (five distinctly known sucks) as necessary to make marriage unlawful (Muslim), and this appears to be the correct view. One suck amounts to the quantity taken by a child at one stretch, i.e. when for the time being it should leave off sucking of its own accord and before returning to it. The age of the child must be within two years at the time of sucking.
The qualifying clause, who are your wards, is only added to draw our attention to the fact that we should bring up our wards with the same care and tenderness that we bestow upon our own children; otherwise marriage with the daughters of women with whom conjugal relations have been established is unlawful, whether or not they are brought up as wards. The daughters of those women with whom such relations have not been established can be taken into marriage and this is the meaning of the words, but if you have not gone in unto them, there shall be no sin upon you.
The expression, of your sons that are from your loins, is added to exclude wife’s sons as well as adopted ones. Islam does not recognize the system of adoption. It wants us to look upon all Muslims as brothers; and as the adoption of certain individuals as sons conflicts with this principle of universal brotherhood, it has been prohibited by Islam. The system of adoption also leads to contention and litigation.
In conformity with the command contained in the words, it is forbidden to you to have two sisters together in marriage, the Holy Prophet is reported to have ordered one of the two sisters who were together the wives of one man to be divorced by him after this injunction was revealed (Tirmidhi, ch. on Nikah). The injunction is based on sentiments of deference to near relationship and is meant to exclude possibility of dissensions in the close family circle.
For similar reasons the Holy Prophet has forbidden to unite in marriage a maternal aunt and her sister’s daughter, or a paternal aunt and her brother’s daughter.
503
Important Words:
ربائب (step-daughters) is derived from رب and is the plural of ربیبة meaning the daughter of a woman’s husband by another wife or the daughter of a man’s wife by another husband, because he or she rears her in spite of her being not a real daughter; or it means the wife of a man having child by another wife; also a woman who has the charge of a child, who rears or fosters it (Lane & Aqrab).
حجور (wards) is the plural of حجر which is derived from حجر meaning, he prevented or hindered it. حجر means, bosom or breast or the part beneath the armpit; custody, care or guardianship. They say, نشأ زید فی حجر عمرو i.e. Zaid grew up in the care and protection of ‘Amr. The expression التی فی حجور کم would, therefore, mean, those who are under your care or guardianship, i.e. your wards (Lane Aqrab & Mufradat).
حلائل (wives) is the plural of حلیلand حلیلة which are both derived from حل i.e. he alighted or took up his abode; or he or it became lawful; or he untied a knot, etc. حلیل means, husband and حلیلةwife. حلیل also means, a fellow-lodger or fellow-resident of another in one house (Aqrab). It also means a neighbour and a guest (Lane).
ارضعنکم (have given you suck) is derived from رضع. They say رضع امه i.e. he sucked the breast of his mother. ھذا اخی من الرضاعةmeans, he is my foster-brother, we both having sucked the breast of the same woman. ارضعته امه means, his mother suckled him; and استرضعت المرأة ولدی means, I sought or demanded of the woman that she should suckle my child (Lane).
Commentary:
The prohibition about marrying mothers, sisters and daughters may look superfluous; but there are certain people (e.g. certain sects among the Hindus) who regard such marriages as not only permissible, but even meritorious. The Quran, being a perfect code of Law, contains everything essential for man’s physical, moral and spiritual well-being. The Quranic laws are in perfect harmony with human nature; in fact, they only remind us of what is writ large on the book of human nature by God’s own hand. Human nature responds to what is taught by the Quran and the Qurancommands that which human nature demands, and it prohibits what human nature revolts against. The Holy Prophet is reported to have said that the relatives of foster mothers are as forbidden as those within prohibited degree of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on. There exists, however, a difference of opinion among Muslim theologians as to what amount of suckling makes the marriage of foster mothers and foster-sisters and their relations (within prohibited degree of marriage) unlawful. Some hold the view that the prohibition comes into operation in all cases even when a woman has given suck to a child only once. According to others who derive their authority from a saying of the Holy Prophet, reported by ‘A’ishah, viz. لا تحرم المصة ولا المصتان i.e. "A suck or two do not make marriage unlawful" (Tirmidhi, ch. on Rida’), the least number of sucks to render marriage unlawful is three. But there is yet another saying of the Holy Prophet, also reported by ‘A’ishah, that mentionsخمس رضعات معلومات (five distinctly known sucks) as necessary to make marriage unlawful (Muslim), and this appears to be the correct view. One suck amounts to the quantity taken by a child at one stretch, i.e. when for the time being it should leave off sucking of its own accord and before returning to it. The age of the child must be within two years at the time of sucking.
The qualifying clause, who are your wards, is only added to draw our attention to the fact that we should bring up our wards with the same care and tenderness that we bestow upon our own children; otherwise marriage with the daughters of women with whom conjugal relations have been established is unlawful, whether or not they are brought up as wards. The daughters of those women with whom such relations have not been established can be taken into marriage and this is the meaning of the words, but if you have not gone in unto them, there shall be no sin upon you.
The expression, of your sons that are from your loins, is added to exclude wife’s sons as well as adopted ones. Islam does not recognize the system of adoption. It wants us to look upon all Muslims as brothers; and as the adoption of certain individuals as sons conflicts with this principle of universal brotherhood, it has been prohibited by Islam. The system of adoption also leads to contention and litigation.
In conformity with the command contained in the words, it is forbidden to you to have two sisters together in marriage, the Holy Prophet is reported to have ordered one of the two sisters who were together the wives of one man to be divorced by him after this injunction was revealed (Tirmidhi, ch. on Nikah). The injunction is based on sentiments of deference to near relationship and is meant to exclude possibility of dissensions in the close family circle.
For similar reasons the Holy Prophet has forbidden to unite in marriage a maternal aunt and her sister’s daughter, or a paternal aunt and her brother’s daughter.
586
The Holy Prophet is reported to have said that the relatives of foster- mothers are as forbidden as those within the prohibited degrees of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on.
587
Theologians differ as to what number of sucks makes the marriage of foster-mothers and foster-sisters and their relations (within prohibited degrees of marriage) unlawful.