اَیۡمٰنُکُمۡ
Appears 8 times in Quran
Occurrences in Quran
Found 8 verses containing "اَیۡمٰنُکُمۡ".
وَاِنۡ خِفۡتُمۡ اَلَّا تُقۡسِطُوۡا فِی الۡیَتٰمٰی فَانۡکِحُوۡا مَا طَابَ لَکُمۡ مِّنَ النِّسَآءِ مَثۡنٰی وَثُلٰثَ وَرُبٰعَ ۖ فَاِنۡ خِفۡتُمۡ اَلَّا تَعۡدِلُوۡا فَوٰحِدَۃً اَوۡ مَا مَلَکَتۡ اَیۡمٰنُکُمۡ ۚ ذٰلِکَ اَدۡنٰۤی اَلَّا تَعُوۡلُوا
4:130.
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
4:130.
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
4:130.
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
a
4:130.
310
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
311
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
2
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
3
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
b
4:130.
486
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
b
4:130.
560
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
561
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
562
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
۞ وَالۡمُحۡصَنٰتُ مِنَ النِّسَآءِ اِلَّا مَا مَلَکَتۡ اَیۡمٰنُکُمۡ ۖ کِتٰبَ اللّٰہِ عَلَیۡکُمۡ ۚ وَاُحِلَّ لَکُمۡ مَّا وَرَآءَ ذٰلِکُمۡ اَنۡ تَبۡتَغُوۡا بِاَمۡوٰلِکُمۡ مُّحۡصِنِیۡنَ غَیۡرَ مُسٰفِحِیۡنَ ۚ فَمَا اسۡتَمۡتَعۡتُمۡ بِہٖ مِنۡہُنَّ فَاٰتُوۡہُنَّ اُجُوۡرَہُنَّ فَرِیۡضَۃً ۚ وَلَا جُنَاحَ عَلَیۡکُمۡ فِیۡمَا تَرٰضَیۡتُمۡ بِہٖ مِنۡۢ بَعۡدِ الۡفَرِیۡضَۃِ ۚ اِنَّ اللّٰہَ کَانَ عَلِیۡمًا حَکِیۡمًا
4:26; 5:6.
4:5; 60:11.
تَمَتَّعَ بِالْمَرْأَةِ (Tamatta‘a bil Mar’ati) 意指他从妇女那里得到暂时的好处。اِسْتَمْتَعَ بِكَذَا (Istamta‘a bi Kadha) 意指他从中长期得益。阿拉伯习俗不允许把 اِسْتِمْتَاعْ (Istimt‘a)作 “暂时的关系” 这意思来用于妇女 (لِسَانْ, Lisan)。还可以注意到的是, 正如上面例句中那样, 每当名词 تَمَتُّعْ (Tamattu‘) 用来表明妇女的暂时性关系时, 后接置于代表妇女这词之前的介词 ب (ba’)。一位阿拉伯诗人说, تَمَتَّعْ بِهَا مَا سَاعَفَتْكَ وَ لَا تَكُنْ عَلَيْكَ شَجًا فِی الْحَلْقِ حِيْنَ تَبِيْنُ (Tamatt‘a biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu) (حَمَاسَة, Hamasah), 即只要她合你的意, 可从她得益, 但当她与你分离时, 不要让她像骨梗在喉般地成为你经久烦恼的祸根。可是在本节经文中, هُنَّ (Hunna) 这个指妇女们的代词之前置有介词 مِنْ (min)。对 مُتْعَة (Mut‘ah) 的误解, 看来是对 تَمَتُّعْ(Tamattu‘) 与 اِسْتِمْتَاعْ (Istimta‘)两词之间的差别未能理解而引起。 (لِسَانْ, Lisan) 的作者引述 زَجَّاجْ (Zajjaj) 说: “由于他们对阿拉伯语的无知, 有些人根据这节经文推断出 مُتْعَة (Mut‘ah) 的合法性, 而伊斯兰宗教学家之间意见一致, 声称不合法, فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ (Fa-mastamta‘tum bihi Minhunna) 这个词语的简单的意思是依照上述条文所履行的婚姻。” 如果在这里早对 مُتْعَة (Mut‘ah) 加以注意的话, 所用的介词应该是 ب (ba’), 而不是 مِنْ (min)。而且, 所用的词是 اِسْتَمْتَعَ (Istamta‘a), 而不是与此具有不同意义的 تَمَتَّعَ (Tamatta‘a)。也不能从 اُجُوْرَهُنَّ (Ujurahunna) 这词得出有利于 مُتْعَة (Mut‘ah) 的推断; اُجُوْرَهُنَّ (Ujurahunna) 的意思是 “她们的嫁妆”, 这在 «古兰经» 33:51中也表示过。因此 «古兰经» 断然禁止 مُتْعَة (Mut‘ah) 并把超出正式婚姻之外的两性关系看作通奸。
مراد یہ ہے کہ وہ عورتیں جن سے نکاح جائز ہے وہ تو نکاح کے بعد جائز ہوں گی اور پہلی لسٹ والی عورتیں نکاح کے ساتھ بھی جائز نہیں ہو سکتیں‘ ہاں جنگی قیدی عورتیں نکاح کے ساتھ جائز ہو سکتی ہیں۔ اور جب ان کو کوئی نہ چھڑوائے تو ان کی اجازت کی ضرورت نہیں۔ قومی اخلاق کو درست رکھنے کے لئے حکومت ان کا ولی مقرر کرکے ان کا نکاح کر سکتی ہے۔
یہ مطلب نہیں کہ مومن زنا کرے گا‘ بلکہ مطلب یہ ہے کہ ہم مومن سے یہی امید کرتے ہیں کہ وہ شادی کے وقت سب تقویٰ کی راہوں کو مدنظر رکھے گا۔ اور زنا کی صورت کے قریب نہ جائے گا۔
4:26; 5:6.
4:5; 60:11.
Muhsanat is the plural of Muhsanah which means, a married woman; a free woman; a chaste woman (Lane).
This means that whereas a woman who is already married to a man cannot be taken in marriage by another person, an exception is made here in case of women who are taken prisoner in a war waged by a non-Muslim State against an Islamic State. This is the significance of the words Ma Malakat Aimanukum. Such married women, if they become converted to Islam and therefore could not be sent back to their non-Muslim husbands, may be married to Muslim husbands. For a detailed note on "What your right hands possess" see {561}.
Tamatta‘a bil Mar’ati means, he benefited by the woman temporarily. Istamta‘a bi Kadha means, he benefited by it for a long time. The Arabic idiom does not countenance the use of Istimta‘ with regard to a woman in the sense of temporary connection (Lisan). It may also be noted that whenever the noun Tamattu‘ is used to denote temporary connection with a woman, it is followed by the preposition ba’ put before the word standing for the woman, as in the above example. An Arab poet says, Tamatta‘ biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu (Hamasah), i.e. be benefited by her as long as she is agreeable to you, but when she gets separated from you, do not let her be a source of constant trouble for you like a piece of bone which remains stuck in the throat. But in this verse the pronoun Hunna referring to women is preceded by the preposition min. Misunderstanding about Mut‘ah seems to have arisen from the f
4:26; 5:6.
4:5; 60:11.
Important Words:
المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).
مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).
اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.
استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.
ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.
Commentary:
The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.
It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.
The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."
According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.
Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).
On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.
a
4:26; 5:6.
b
4:5; 60:11.
323
تَمَتَّعَ بِالْمَرْأَةِ (Tamatta‘a bil Mar’ati) 意指他从妇女那里得到暂时的好处。اِسْتَمْتَعَ بِكَذَا (Istamta‘a bi Kadha) 意指他从中长期得益。阿拉伯习俗不允许把 اِسْتِمْتَاعْ (Istimt‘a)作 “暂时的关系” 这意思来用于妇女 (لِسَانْ, Lisan)。还可以注意到的是, 正如上面例句中那样, 每当名词 تَمَتُّعْ (Tamattu‘) 用来表明妇女的暂时性关系时, 后接置于代表妇女这词之前的介词 ب (ba’)。一位阿拉伯诗人说, تَمَتَّعْ بِهَا مَا سَاعَفَتْكَ وَ لَا تَكُنْ عَلَيْكَ شَجًا فِی الْحَلْقِ حِيْنَ تَبِيْنُ (Tamatt‘a biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu) (حَمَاسَة, Hamasah), 即只要她合你的意, 可从她得益, 但当她与你分离时, 不要让她像骨梗在喉般地成为你经久烦恼的祸根。可是在本节经文中, هُنَّ (Hunna) 这个指妇女们的代词之前置有介词 مِنْ (min)。对 مُتْعَة (Mut‘ah) 的误解, 看来是对 تَمَتُّعْ(Tamattu‘) 与 اِسْتِمْتَاعْ (Istimta‘)两词之间的差别未能理解而引起。 (لِسَانْ, Lisan) 的作者引述 زَجَّاجْ (Zajjaj) 说: “由于他们对阿拉伯语的无知, 有些人根据这节经文推断出 مُتْعَة (Mut‘ah) 的合法性, 而伊斯兰宗教学家之间意见一致, 声称不合法, فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ (Fa-mastamta‘tum bihi Minhunna) 这个词语的简单的意思是依照上述条文所履行的婚姻。” 如果在这里早对 مُتْعَة (Mut‘ah) 加以注意的话, 所用的介词应该是 ب (ba’), 而不是 مِنْ (min)。而且, 所用的词是 اِسْتَمْتَعَ (Istamta‘a), 而不是与此具有不同意义的 تَمَتَّعَ (Tamatta‘a)。也不能从 اُجُوْرَهُنَّ (Ujurahunna) 这词得出有利于 مُتْعَة (Mut‘ah) 的推断; اُجُوْرَهُنَّ (Ujurahunna) 的意思是 “她们的嫁妆”, 这在 «古兰经» 33:51中也表示过。因此 «古兰经» 断然禁止 مُتْعَة (Mut‘ah) 并把超出正式婚姻之外的两性关系看作通奸。
1
مراد یہ ہے کہ وہ عورتیں جن سے نکاح جائز ہے وہ تو نکاح کے بعد جائز ہوں گی اور پہلی لسٹ والی عورتیں نکاح کے ساتھ بھی جائز نہیں ہو سکتیں‘ ہاں جنگی قیدی عورتیں نکاح کے ساتھ جائز ہو سکتی ہیں۔ اور جب ان کو کوئی نہ چھڑوائے تو ان کی اجازت کی ضرورت نہیں۔ قومی اخلاق کو درست رکھنے کے لئے حکومت ان کا ولی مقرر کرکے ان کا نکاح کر سکتی ہے۔
2
یہ مطلب نہیں کہ مومن زنا کرے گا‘ بلکہ مطلب یہ ہے کہ ہم مومن سے یہی امید کرتے ہیں کہ وہ شادی کے وقت سب تقویٰ کی راہوں کو مدنظر رکھے گا۔ اور زنا کی صورت کے قریب نہ جائے گا۔
a
4:26; 5:6.
b
4:5; 60:11.
504
Important Words:
المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).
مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).
اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.
استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.
ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.
Commentary:
The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.
It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.
The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."
According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.
Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).
On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.
a
4:26; 5:6.
b
4:5; 60:11.
588
Muhsanat is the plural of Muhsanah which means, a married woman; a free woman; a chaste woman (Lane).
589
This means that whereas a woman who is already married to a man cannot be taken in marriage by another person, an exception is made here in case of women who are taken prisoner in a war waged by a non-Muslim State against an Islamic State. This is the significance of the words Ma Malakat Aimanukum. Such married women, if they become converted to Islam and therefore could not be sent back to their non-Muslim husbands, may be married to Muslim husbands. For a detailed note on "What your right hands possess" see {561}.
590
Tamatta‘a bil Mar’ati means, he benefited by the woman temporarily. Istamta‘a bi Kadha means, he benefited by it for a long time. The Arabic idiom does not countenance the use of Istimta‘ with regard to a woman in the sense of temporary connection (Lisan). It may also be noted that whenever the noun Tamattu‘ is used to denote temporary connection with a woman, it is followed by the preposition ba’ put before the word standing for the woman, as in the above example. An Arab poet says, Tamatta‘ biha ma Sa‘afatka wa la Takun ‘alaika Shajan fil Halqi hina Tabinu (Hamasah), i.e. be benefited by her as long as she is agreeable to you, but when she gets separated from you, do not let her be a source of constant trouble for you like a piece of bone which remains stuck in the throat. But in this verse the pronoun Hunna referring to women is preceded by the preposition min. Misunderstanding about Mut‘ah seems to have arisen from the f
وَمَنۡ لَّمۡ یَسۡتَطِعۡ مِنۡکُمۡ طَوۡلًا اَنۡ یَّنۡکِحَ الۡمُحۡصَنٰتِ الۡمُؤۡمِنٰتِ فَمِنۡ مَّا مَلَکَتۡ اَیۡمٰنُکُمۡ مِّنۡ فَتَیٰتِکُمُ الۡمُؤۡمِنٰتِ ۚ وَاللّٰہُ اَعۡلَمُ بِاِیۡمٰنِکُمۡ ۚ بَعۡضُکُمۡ مِّنۡۢ بَعۡضٍ ۚ فَانۡکِحُوۡہُنَّ بِاِذۡنِ اَہۡلِہِنَّ وَاٰتُوۡہُنَّ اُجُوۡرَہُنَّ بِالۡمَعۡرُوۡفِ مُحۡصَنٰتٍ غَیۡرَ مُسٰفِحٰتٍ وَّلَا مُتَّخِذٰتِ اَخۡدَانٍ ۚ فَاِذَاۤ اُحۡصِنَّ فَاِنۡ اَتَیۡنَ بِفٰحِشَۃٍ فَعَلَیۡہِنَّ نِصۡفُ مَا عَلَی الۡمُحۡصَنٰتِ مِنَ الۡعَذَابِ ۚ ذٰلِکَ لِمَنۡ خَشِیَ الۡعَنَتَ مِنۡکُمۡ ۚ وَاَنۡ تَصۡبِرُوۡا خَیۡرٌ لَّکُمۡ ۗ وَاللّٰہُ غَفُوۡرٌ رَّحِیۡمٌ
4:16, 20; 24:20.
本节经文规定了三条重要原则: (a) 女奴应先正式结婚而后才发生夫妻关系。这在 2:222; 4:4; 及24:33各章中也明确说明。因此伊斯兰教根除了它诞生以前阿拉伯社会非常盛行的男女非法同居。(b) 如果女奴犯了通奸, 其处罚为自由妇女犯同样罪恶, 打100鞭子的一半, 这说明用石头砸死并非 (像被误解的那样) 是对通奸的惩罚, 因为用石头砸死是无法减半的。(c) 顺便提一下, 经文似乎指出, 在阿拉伯社会, 结婚的女奴比结婚的自由妇女享有较低的社会地位, 这也许因为女奴曾参加过摧毁伊斯兰教国家的战争。
یہ مطلب نہیں کہ پاکباز ہوں تو مہر دو ورنہ نہ دو۔ بلکہ مطلب یہ ہے کہ ایسی ہی لونڈیوں سے نکاح کرو جن کی پاک دامنی تم پر ثابت ہو۔ اور پھر ان کے مہر آزاد عورتوں کی طرح ادا کرو۔
یعنی لونڈیوں سے شادی کرنا صرف اضطراری حالت میں جائز ہے۔ کیونکہ وہ غیر مذہب اور غیر قوم سے تعلق رکھتی ہیں۔ بہتر یہی ہے کہ اپنی ہم مذہب اور ہم قوم آزاد عورت سے شادی کرو۔
4:16, 20; 24:20.
In Islam no stigma attaches to the status of a handmaid as such; but owing to her relationships and associations she may not prove such a perfect companion as a free believing woman.
This means that only such of them may be married as are chaste and virtuous. Once they are married their dowries must be paid just as in the case of free women.
The verse has laid down three vital principles: (a) Bondwomen should be properly married before conjugal relations are had with them. This is also clear from 2:222; 4:4; and 24:33. Thus Islam has cut at the root of concubinage which was so prevalent in Arab society before its advent. (b) If they commit adultery, bondwomen are to have half the punishment which is 100 stripes for free women for the same offence which shows that stoning to death is not the punishment for adultery, as mistakenly understood, because stoning to death cannot be halved. (c) Incidentally, the verse seems to indicate that a bondwoman taken in marriage had a lower social status in Arab society than a free woman taken in marriage, perhaps because of her having taken part in a war waged to destroy an Islamic State.
4:16, 20; 24:20.
Important Words:
طولا (to afford) is noun from طال i.e. he or it was or became long, tall or high. طول means, bounty or gift; ampleness of means; excellence; excess or increase; power or ability; wealth or competence. It may also mean, dowry or expenses of marriage (Lane, Aqrab & Mufradat).
اخدان (secret paramours) is the plural of خدن. They say خادنه i.e. he was or became his friend or companion; or he was or became his secret or private friend. اخدان means friends or secret friends; amorous companions or associates; companions or associates affected with sensual appetency (Lane & Mufradat).
العنت (sins) is the noun-infinitive from عنت i.e. he fell into a difficulty; or he committed a sin or a crime or an act of disobedience; or he committed fornication or adultery. عنت therefore, means, severe difficulty or hardship; a state of perdition; a corrupt or evil state or conduct; a sin or crime, or an act of disobedience deserving punishment; a wrong action (intentional or unintentional); fornication or adultery (Lane & Aqrab). See also 3:119, 2:221.
Commentary:
As God attaches great value to the faith of a Muslim, He does not like it to become impaired by his marrying disbelieving women. Hence the condition that even the bondwoman a Muslim may marry should be a believer.
The words, you are all one from another, are meant to raise believing bondwomen in the estimation of Muslims, who are hereby required not to despise them or treat them with contempt on account of their so-called lower status.
The words, half the punishment, mean 50 stripes, the punishment for (unmarried) free women being 100 stripes. See also 24:3. The word half shows that the verse refers to a punishment which can be halved, and not to stoning to death, which was inflicted on married free women. The punishment definitely prescribed in the Quran (24:3) for a fornicator and a fornicatress is only a hundred stripes, but as the Holy Prophet differentiated between married and unmarried persons, inflicting on the former the punishment of stoning to death, the aforesaid verse has been taken as only applying to unmarried persons.
The expression, this is for him among you who fears lest he should commit sin, shows that Muslims are enjoined to avoid, as far as possible, contracting conjugal relations with bond women taken prisoner from belligerent disbelievers. This is to be done only if, on the one hand, one is not able to marry a free woman and, on the other, by remaining unmarried, one fears to fall into sin. The Muslim Empire of Baghdad fell to pieces because the khalifahs took to contracting conjugal relations with bondwomen. The incompetent princes born of them ruined the State. In most cases, marital relations with bondwomen are calculated to have a demoralizing effect on both husbands and children.
a
4:16, 20; 24:20.
324
本节经文规定了三条重要原则: (a) 女奴应先正式结婚而后才发生夫妻关系。这在 2:222; 4:4; 及24:33各章中也明确说明。因此伊斯兰教根除了它诞生以前阿拉伯社会非常盛行的男女非法同居。(b) 如果女奴犯了通奸, 其处罚为自由妇女犯同样罪恶, 打100鞭子的一半, 这说明用石头砸死并非 (像被误解的那样) 是对通奸的惩罚, 因为用石头砸死是无法减半的。(c) 顺便提一下, 经文似乎指出, 在阿拉伯社会, 结婚的女奴比结婚的自由妇女享有较低的社会地位, 这也许因为女奴曾参加过摧毁伊斯兰教国家的战争。
3
یہ مطلب نہیں کہ پاکباز ہوں تو مہر دو ورنہ نہ دو۔ بلکہ مطلب یہ ہے کہ ایسی ہی لونڈیوں سے نکاح کرو جن کی پاک دامنی تم پر ثابت ہو۔ اور پھر ان کے مہر آزاد عورتوں کی طرح ادا کرو۔
4
یعنی لونڈیوں سے شادی کرنا صرف اضطراری حالت میں جائز ہے۔ کیونکہ وہ غیر مذہب اور غیر قوم سے تعلق رکھتی ہیں۔ بہتر یہی ہے کہ اپنی ہم مذہب اور ہم قوم آزاد عورت سے شادی کرو۔
a
4:16, 20; 24:20.
505
Important Words:
طولا (to afford) is noun from طال i.e. he or it was or became long, tall or high. طول means, bounty or gift; ampleness of means; excellence; excess or increase; power or ability; wealth or competence. It may also mean, dowry or expenses of marriage (Lane, Aqrab & Mufradat).
اخدان (secret paramours) is the plural of خدن. They say خادنه i.e. he was or became his friend or companion; or he was or became his secret or private friend. اخدان means friends or secret friends; amorous companions or associates; companions or associates affected with sensual appetency (Lane & Mufradat).
العنت (sins) is the noun-infinitive from عنت i.e. he fell into a difficulty; or he committed a sin or a crime or an act of disobedience; or he committed fornication or adultery. عنت therefore, means, severe difficulty or hardship; a state of perdition; a corrupt or evil state or conduct; a sin or crime, or an act of disobedience deserving punishment; a wrong action (intentional or unintentional); fornication or adultery (Lane & Aqrab). See also 3:119, 2:221.
Commentary:
As God attaches great value to the faith of a Muslim, He does not like it to become impaired by his marrying disbelieving women. Hence the condition that even the bondwoman a Muslim may marry should be a believer.
The words, you are all one from another, are meant to raise believing bondwomen in the estimation of Muslims, who are hereby required not to despise them or treat them with contempt on account of their so-called lower status.
The words, half the punishment, mean 50 stripes, the punishment for (unmarried) free women being 100 stripes. See also 24:3. The word half shows that the verse refers to a punishment which can be halved, and not to stoning to death, which was inflicted on married free women. The punishment definitely prescribed in the Quran (24:3) for a fornicator and a fornicatress is only a hundred stripes, but as the Holy Prophet differentiated between married and unmarried persons, inflicting on the former the punishment of stoning to death, the aforesaid verse has been taken as only applying to unmarried persons.
The expression, this is for him among you who fears lest he should commit sin, shows that Muslims are enjoined to avoid, as far as possible, contracting conjugal relations with bond women taken prisoner from belligerent disbelievers. This is to be done only if, on the one hand, one is not able to marry a free woman and, on the other, by remaining unmarried, one fears to fall into sin. The Muslim Empire of Baghdad fell to pieces because the khalifahs took to contracting conjugal relations with bondwomen. The incompetent princes born of them ruined the State. In most cases, marital relations with bondwomen are calculated to have a demoralizing effect on both husbands and children.
a
4:16, 20; 24:20.
591
In Islam no stigma attaches to the status of a handmaid as such; but owing to her relationships and associations she may not prove such a perfect companion as a free believing woman.
591A
This means that only such of them may be married as are chaste and virtuous. Once they are married their dowries must be paid just as in the case of free women.
592
The verse has laid down three vital principles: (a) Bondwomen should be properly married before conjugal relations are had with them. This is also clear from 2:222; 4:4; and 24:33. Thus Islam has cut at the root of concubinage which was so prevalent in Arab society before its advent. (b) If they commit adultery, bondwomen are to have half the punishment which is 100 stripes for free women for the same offence which shows that stoning to death is not the punishment for adultery, as mistakenly understood, because stoning to death cannot be halved. (c) Incidentally, the verse seems to indicate that a bondwoman taken in marriage had a lower social status in Arab society than a free woman taken in marriage, perhaps because of her having taken part in a war waged to destroy an Islamic State.
وَلِکُلٍّ جَعَلۡنَا مَوٰلِیَ مِمَّا تَرَکَ الۡوٰلِدَانِ وَالۡاَقۡرَبُوۡنَ ۚ وَالَّذِیۡنَ عَقَدَتۡ اَیۡمٰنُکُمۡ فَاٰتُوۡہُمۡ نَصِیۡبَہُمۡ ۚ اِنَّ اللّٰہَ کَانَ عَلٰی کُلِّ شَیۡءٍ شَہِیۡدًا
4:8.
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
4:8.
Mawali is the plural of Maula which among other things means, an heir.
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."
4:8.
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
a
4:8.
1
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
a
4:8.
511
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
c
4:8.
596
Mawali is the plural of Maula which among other things means, an heir.
597
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."
۞ وَاعۡبُدُوا اللّٰہَ وَلَا تُشۡرِکُوۡا بِہٖ شَیۡـًٔا ۖ وَّبِالۡوٰلِدَیۡنِ اِحۡسٰنًا وَّبِذِی الۡقُرۡبٰی وَالۡیَتٰمٰی وَالۡمَسٰکِیۡنِ وَالۡجَارِ ذِی الۡقُرۡبٰی وَالۡجَارِ الۡجُنُبِ وَالصَّاحِبِ بِالۡجَنۡۢبِ وَابۡنِ السَّبِیۡلِ وَمَا مَلَکَتۡ اَیۡمٰنُکُمۡ ۗ اِنَّ اللّٰہَ لَا یُحِبُّ مَنۡ کَانَ مُخۡتَالًا فَخُوۡرًا
6:152; 7:34; 17:24, 25; 23:60.
6:152; 7:34; 17:24, 25; 23:60.
After having enjoined in the preceding verses that one should be kind to one’s wife, in the present verse the Qur’an directs a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents, who are the nearest, to strangers who are the farthest removed.
Slaves, bondwomen, servants, subordinates.
6:152; 7:34; 17:24; 23:60.
Important Words:
جار الجنب (neighbour that is a stranger) is a compound word made up of جار (neighbour) and جنب (stranger or one distant). The compound word thus means, a neighbour who is not from one’s own tribe or community; a distant neighbour (Aqrab & Mufradat).
صاحب بالجنب (companion by your side) is also a compound word made up of صاحب (companion) and جنب (one’s side). The compound word thus means, the immediate neighbour or the near neighbour; or simply companion or co-worker or colleague (Aqrab, Lisan & Mufradat).
Commentary:
After laying down in the preceding verses that one should be kind to one’s wife, in the present verse the Quran enjoins a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents who are the nearest, to strangers who are the farthest removed.
The Arabic expression rendered as, neighbour that is a kinsman, may also mean: (1) the neighbour that lives near; (2) the neighbour that is kindly.
Similarly, the words, neighbour that is a stranger, may also include: (1) the neighbour that lives at a distance; (2) the neighbour that is not kindly.
The expression, companion by your side, may mean:(1) wife or husband; (2) comrade on a journey; (3) fellow-partner in a trade or a co-worker; (4) associate; (5) immediate neighbour.
The words, those whom your right hands possess, may refer to slaves, bondwomen, servants and even subordinates.
A person who does not carry out the Divine commandments contained in this verse is condemned as "proud and boastful" because, instead of doing good to others and being kind to them, he looks down upon them and behaves arrogantly. The very act of abstaining from being kind to one’s fellow beings, whether relations or neighbours or strangers, is an act of pride condemned by Islam.
b
6:152; 7:34; 17:24, 25; 23:60.
b
6:152; 7:34; 17:24; 23:60.
514
Important Words:
جار الجنب (neighbour that is a stranger) is a compound word made up of جار (neighbour) and جنب (stranger or one distant). The compound word thus means, a neighbour who is not from one’s own tribe or community; a distant neighbour (Aqrab & Mufradat).
صاحب بالجنب (companion by your side) is also a compound word made up of صاحب (companion) and جنب (one’s side). The compound word thus means, the immediate neighbour or the near neighbour; or simply companion or co-worker or colleague (Aqrab, Lisan & Mufradat).
Commentary:
After laying down in the preceding verses that one should be kind to one’s wife, in the present verse the Quran enjoins a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents who are the nearest, to strangers who are the farthest removed.
The Arabic expression rendered as, neighbour that is a kinsman, may also mean: (1) the neighbour that lives near; (2) the neighbour that is kindly.
Similarly, the words, neighbour that is a stranger, may also include: (1) the neighbour that lives at a distance; (2) the neighbour that is not kindly.
The expression, companion by your side, may mean:(1) wife or husband; (2) comrade on a journey; (3) fellow-partner in a trade or a co-worker; (4) associate; (5) immediate neighbour.
The words, those whom your right hands possess, may refer to slaves, bondwomen, servants and even subordinates.
A person who does not carry out the Divine commandments contained in this verse is condemned as "proud and boastful" because, instead of doing good to others and being kind to them, he looks down upon them and behaves arrogantly. The very act of abstaining from being kind to one’s fellow beings, whether relations or neighbours or strangers, is an act of pride condemned by Islam.
b
6:152; 7:34; 17:24, 25; 23:60.
604
After having enjoined in the preceding verses that one should be kind to one’s wife, in the present verse the Qur’an directs a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents, who are the nearest, to strangers who are the farthest removed.
605
Slaves, bondwomen, servants, subordinates.
وَلۡیَسۡتَعۡفِفِ الَّذِیۡنَ لَا یَجِدُوۡنَ نِکَاحًا حَتّٰی یُغۡنِیَہُمُ اللّٰہُ مِنۡ فَضۡلِہٖ ۗ وَالَّذِیۡنَ یَبۡتَغُوۡنَ الۡکِتٰبَ مِمَّا مَلَکَتۡ اَیۡمٰنُکُمۡ فَکَاتِبُوۡہُمۡ اِنۡ عَلِمۡتُمۡ فِیۡہِمۡ خَیۡرًا ۖ وَّاٰتُوۡہُمۡ مِّنۡ مَّالِ اللّٰہِ الَّذِیۡۤ اٰتٰٮکُمۡ ۚ وَلَا تُکۡرِہُوۡا فَتَیٰتِکُمۡ عَلَی الۡبِغَآءِ اِنۡ اَرَدۡنَ تَحَصُّنًا لِّتَبۡتَغُوۡا عَرَضَ الۡحَیٰوۃِ الدُّنۡیَا ۚ وَمَنۡ یُّکۡرِہہُّنَّ فَاِنَّ اللّٰہَ مِنۡۢ بَعۡدِ اِکۡرٰہِہِنَّ غَفُوۡرٌ رَّحِیۡمٌ
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
909
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
1
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
2
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
3
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
4
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
2616
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
2046
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.
یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوۡا لِیَسۡتَـٔۡذِنۡکُمُ الَّذِیۡنَ مَلَکَتۡ اَیۡمٰنُکُمۡ وَالَّذِیۡنَ لَمۡ یَبۡلُغُوا الۡحُلُمَ مِنۡکُمۡ ثَلٰثَ مَرّٰتٍ ۚ مِّنۡ قَبۡلِ صَلٰوۃِ الۡفَجۡرِ وَحِیۡنَ تَضَعُوۡنَ ثِیَابَکُمۡ مِّنَ الظَّہِیۡرَۃِ وَمِنۡۢ بَعۡدِ صَلٰوۃِ الۡعِشَآءِ ۚ ثَلٰثُ عَوۡرٰتٍ لَّکُمۡ ۚ لَیۡسَ عَلَیۡکُمۡ وَلَا عَلَیۡہِمۡ جُنَاحٌۢ بَعۡدَہُنَّ ۚ طَوّٰفُوۡنَ عَلَیۡکُمۡ بَعۡضُکُمۡ عَلٰی بَعۡضٍ ۚ کَذٰلِکَ یُبَیِّنُ اللّٰہُ لَکُمُ الۡاٰیٰتِ ۗ وَاللّٰہُ عَلِیۡمٌ حَکِیۡمٌ
The subject of "Pardah," as stated under v. 32 above, has been referred to at four different places in the Qur’an. Whereas 24:32 deals with "Pardah" primarily within the four walls of the house, v. 33:60 discusses "Pardah" outside the house and on thoroughfares, while vv. 33:33, 34 speak of a restricted kind of "Pardah," particularly enjoined on the Holy Prophet’s wives and by implication on all Muslim women, and by inference point to the fact that the principal centre of a woman’s activities is her home. The present verse, however, refers to another kind of "Pardah," viz. that domestic servants and minor children too should not enter the private apartments of their masters or parents at three particular hours mentioned here without getting prior permission. Zahirah means, vehement heat of the midday, the period from a little before to a little after midday in summer (Lane).
Important Words:
مراة (times) is the plural of مرة which is infinitive noun from مر which means, he or it passed. مر الدھر means, the time passed. مرة means, a time; one time; one action; a single action or act; turn; also an occasion. فعلته مرة means, I did it once (Lane & Aqrab).
Commentary:
The subject of "purdah," as stated under v. 32 above has been referred to at four different places in the Quran. Whereas 24:32 deals with "purdah" primarily within four walls of the house, v. 33:60 discusses "purdah" outside the house and on thoroughfares while vv. 33:33-34 speak of a restricted kind of "purdah", particularly enjoined on the Holy Prophet’s wives and by implication on all Muslim women, and by inference point to the fact that the principal centre of a woman’s activities is her home. The present verse, however, refers to another kind of "purdah," viz. that domestic servants and minor children too should not enter the private apartments of their masters or parents at three particular hours mentioned here without getting prior permission.
2633
Important Words:
مراة (times) is the plural of مرة which is infinitive noun from مر which means, he or it passed. مر الدھر means, the time passed. مرة means, a time; one time; one action; a single action or act; turn; also an occasion. فعلته مرة means, I did it once (Lane & Aqrab).
Commentary:
The subject of "purdah," as stated under v. 32 above has been referred to at four different places in the Quran. Whereas 24:32 deals with "purdah" primarily within four walls of the house, v. 33:60 discusses "purdah" outside the house and on thoroughfares while vv. 33:33-34 speak of a restricted kind of "purdah", particularly enjoined on the Holy Prophet’s wives and by implication on all Muslim women, and by inference point to the fact that the principal centre of a woman’s activities is her home. The present verse, however, refers to another kind of "purdah," viz. that domestic servants and minor children too should not enter the private apartments of their masters or parents at three particular hours mentioned here without getting prior permission.
2058
The subject of "Pardah," as stated under v. 32 above, has been referred to at four different places in the Qur’an. Whereas 24:32 deals with "Pardah" primarily within the four walls of the house, v. 33:60 discusses "Pardah" outside the house and on thoroughfares, while vv. 33:33, 34 speak of a restricted kind of "Pardah," particularly enjoined on the Holy Prophet’s wives and by implication on all Muslim women, and by inference point to the fact that the principal centre of a woman’s activities is her home. The present verse, however, refers to another kind of "Pardah," viz. that domestic servants and minor children too should not enter the private apartments of their masters or parents at three particular hours mentioned here without getting prior permission. Zahirah means, vehement heat of the midday, the period from a little before to a little after midday in summer (Lane).
ضَرَبَ لَکُمۡ مَّثَلًا مِّنۡ اَنۡفُسِکُمۡ ۖ ہَل لَّکُمۡ مِّنۡ مَّا مَلَکَتۡ اَیۡمٰنُکُمۡ مِّنۡ شُرَکَآءَ فِیۡ مَا رَزَقۡنٰکُمۡ فَاَنۡتُمۡ فِیۡہِ سَوَآءٌ تَخَافُوۡنَہُمۡ کَخِیۡفَتِکُمۡ اَنۡفُسَکُمۡ ۚ کَذٰلِکَ نُفَصِّلُ الۡاٰیٰتِ لِقَوۡمٍ یَّعۡقِلُوۡنَ
یعنی جس طرح اُن کو مال سپرد کرنے سے پہلے تم اپنے مال کے مالک تھے اور جتنا چاہتے تھے اپنی جان پر خرچ کر سکتے تھے۔ کیا تم اپنے غلاموں کو مال پر اتنا قبضہ بھی دیا کرتے ہو کہ پھر تم ڈرنے لگو کہ معلوم نہیں یہ ہمیں کچھ کھانے کو بھی دیں گے یا نہیں اور تمہارے قبضہ کی کوئی علامت باقی نہ رہتی ہو۔
The verse purports to say that when a master and a slave are not equal though they are both human beings, and when the master would not share his wealth and property with his slave, how then could God, the sole Creator and Controller of all things, be regarded as sharing the control of the universe with anybody?
Commentary:
This verse contains a very effective argument against polytheism. It purports to say that when a master and slave are not equal though they are both human beings, and when the master would not share his wealth and property with his slave, how then could God, the sole Creator and Controller of all things, be equal to idols of wood and stone and how could He be regarded as sharing the control of the universe with anybody. See also 21:23.
1
یعنی جس طرح اُن کو مال سپرد کرنے سے پہلے تم اپنے مال کے مالک تھے اور جتنا چاہتے تھے اپنی جان پر خرچ کر سکتے تھے۔ کیا تم اپنے غلاموں کو مال پر اتنا قبضہ بھی دیا کرتے ہو کہ پھر تم ڈرنے لگو کہ معلوم نہیں یہ ہمیں کچھ کھانے کو بھی دیں گے یا نہیں اور تمہارے قبضہ کی کوئی علامت باقی نہ رہتی ہو۔
3010
Commentary:
This verse contains a very effective argument against polytheism. It purports to say that when a master and slave are not equal though they are both human beings, and when the master would not share his wealth and property with his slave, how then could God, the sole Creator and Controller of all things, be equal to idols of wood and stone and how could He be regarded as sharing the control of the universe with anybody. See also 21:23.
2283
The verse purports to say that when a master and a slave are not equal though they are both human beings, and when the master would not share his wealth and property with his slave, how then could God, the sole Creator and Controller of all things, be regarded as sharing the control of the universe with anybody?