Al-Mizan: An Exegesis of the Qur'an Volume 9

Al-Mizan: An Exegesis of the Qur'an0%

Al-Mizan: An Exegesis of the Qur'an Author:
Translator: Allamah Sayyid Sa'eed Akhtar Rizvi
Publisher: World Organization for Islamic Services (WOFIS)
Category: Quran Interpretation

Al-Mizan: An Exegesis of the Qur'an

Author: Allamah Sayyid Muhammad Husayn Tabatabai
Translator: Allamah Sayyid Sa'eed Akhtar Rizvi
Publisher: World Organization for Islamic Services (WOFIS)
Category:

visits: 15666
Download: 3840


Comments:

search inside book
  • Start
  • Previous
  • 32 /
  • Next
  • End
  •  
  • Download HTML
  • Download Word
  • Download PDF
  • visits: 15666 / Download: 3840
Size Size Size
Al-Mizan: An Exegesis of the Qur'an

Al-Mizan: An Exegesis of the Qur'an Volume 9

Author:
Publisher: World Organization for Islamic Services (WOFIS)
English

CHAPTER 4, VERSE 127-134

وَيَسْتَفْتُونَكَ فِي النِّسَاءِۖ قُلِ اللَّـهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَىٰ عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لَا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَن تَقُومُوا لِلْيَتَامَىٰ بِالْقِسْطِۚ وَمَا تَفْعَلُوا مِنْ خَيْرٍ فَإِنَّ اللَّـهَ كَانَ بِهِ عَلِيمًا ﴿١٢٧﴾ وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًاۚ وَالصُّلْحُ خَيْرٌۗ وَأُحْضِرَتِ الْأَنفُسُ الشُّحَّۚ وَإِن تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّـهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا ﴿١٢٨﴾ وَلَن تَسْتَطِيعُوا أَن تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِۚ وَإِن تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّـهَ كَانَ غَفُورًا رَّحِيمًا ﴿١٢٩﴾ وَإِن يَتَفَرَّقَا يُغْنِ اللَّـهُ كُلًّا مِّن سَعَتِهِۚ وَكَانَ اللَّـهُ وَاسِعًا حَكِيمًا ﴿١٣٠﴾ وَلِلَّـهِ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِۗ وَلَقَدْ وَصَّيْنَا الَّذِينَ أُوتُوا الْكِتَابَ مِن قَبْلِكُمْ وَإِيَّاكُمْ أَنِ اتَّقُوا اللَّـهَۚ وَإِن تَكْفُرُوا فَإِنَّ لِلَّـهِ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِۚ وَكَانَ اللَّـهُ غَنِيًّا حَمِيدًا ﴿١٣١﴾ وَلِلَّـهِ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِۚ وَكَفَىٰ بِاللَّـهِ وَكِيلًا ﴿١٣٢﴾ إِن يَشَأْ يُذْهِبْكُمْ أَيُّهَا النَّاسُ وَيَأْتِ بِآخَرِينَۚ وَكَانَ اللَّـهُ عَلَىٰ ذَٰلِكَ قَدِيرًا ﴿١٣٣﴾ مَّن كَانَ يُرِيدُ ثَوَابَ الدُّنْيَا فَعِندَ اللَّـهِ ثَوَابُ الدُّنْيَا وَالْآخِرَةِۚ وَكَانَ اللَّـهُ سَمِيعًا بَصِيرًا ﴿١٣٤﴾

And they ask you a decision about women, say: “Allãh makes known to you His decision concerning them, and that which is recited to you in the Book concerning female orphans whom you do not give what is appointed for them while you desire to marry them, and concerning the weak among children, and that you should deal towards orphans with equity; and whatever good you do, Allãh surely knows it” (127). And if a woman fears ill-usage or desertation on the part of her husband, there is no blame on them, if they effect a reconciliation between them, and reconciliation is better, and avarice has been made to be present in the (people's) minds; and if you do good (to others) and guard (against evil), then surely Allãh is aware of what you do (128). And you have it not in your power to do justice between wives, even though you may wish (it), but be not disinclined (from one) with total disinclination; so that you leave her as it were in suspense; and if you effect a reconciliation and guard (against evil), then surely Allãh is Forgiving, Merciful (129). And if they separate, Allãh will render them both free from want out of His ampleness, and Allãh is Ample-giving, Wise (130). And whatever is in the heavens and whatever is in the earth is Allãh's, and certainlyWe enjoined those who were given the Book before you and

(We enjoin) you too that you should be careful (of your duty to) Allãh; and if you disbelieve, then surely whatever is in the heavens and whatever is in the earth is Allãh's and Allãh is Self-sufficient, Praise-worthy (131). And whatever is in the heavens and whatever is in the earth is Allãh's, and Allãh is sufficient as a protector (132). If He pleases, He can make you pass away, O people!and bring others; and Allãh has the power to do this (133). Whoever desires the reward of this world, then with Allãh is the reward of this world and the hereafter; and Allãh is Hearing, Seeing (134).

* * * * *

COMMENTARY

These verses are in conjunction with the ones in the beginning of the chapter which cover the subjects concerning women like marriage, prohibited degrees and inheritance, etc. Keeping it in view, it appears that these verses were revealed after those previous ones when the people asked the Messenger of Allãh (s.a.w.a.) about the affairs affecting the women. The verses in the beginning of the chapter had resurrected the rights of women in property and social interactions, etc., which the people had previously killed.

Allãh orders the Prophet to tell them in reply to their various queries that the laws establishing their rights on men are Divine decisions about which the Prophet has no say; not only that, but what is recited to them in the Book about the female orphans is also Divine order in which the Messenger of Allãh (s.a.w.a.) has no say; not only that, but Allãh orders them to deal with all the orphans with equity. Then come some rules concerning the discord and dispute between a woman and her husband which are generally found in every society.

QUR’ÃN: And they ask you a decision about women, say: “Allãh makes known to you His decision concerning them: ar-Rãghib has said: “al-Futyã and al-fatwã (اَلْفَتْوي ، اَلْفُتْيَا ) means reply to difficult rullings; and they say: 'I asked him a decision so he replied to me in this way!.

It is understood from various usages of this word that it means a man's reply concerning difficult affairs according to his opinion based on his ijtihãd; or means the opinion itself concerning difficult matters, as is seen from this verse where al-fatwã has been attributed to Allãh.

Although this verse may possibly be explained in various ways (based on different analyses of the full verse); yet, if we join this verse to those in the begining of the chapter which are also concerned with women's problems, it will be seen that this verse was revealed after those first ones. It means that their enquiries were concerned in a general way with the laws regarding women which Islam had legislated with which the people were not familiar in the days of jãhiliyyah; those laws were exclusively concerned with women's rights regarding inheritance and marriage. Those questions were not about the orphan girls as this subject is not general; it is limited to a certain group and the rule about them has been laid down by the next sentence: And that which is recited to you in the Book concerning female orphans whom you do not give what is appointed for them while you desire to marry them. In short, the enquiry was about those things which cover the wholewomenfolk , e.g., inheritance.

Consequently, the words: “Say: 'Allãh makes known to you His decision concerning them . “, refers to verses in the beginning of the chapter and shows that decision is reserved for Allãh and the Prophet (s.a.w.a.) doesn't have any authority in this respect. The meaning is: They ask you to give them your decision concerning the women. Say: The right to give decision belongs to Allãh and He has given you His decision when He revealed the verses at the beginning of the chapter.

QUR’ÃN: “And that which is recited to you in the Book concerning female orphans whom you do not give what is appointed for them while you desire to marry them, and concerning the weak among children: As described above, the context shows that the rules for female orphans and the weak children has been added here because they have some link with the rules concerning women. Obviously, they were not included in their original enquiry which was limited to the women's affairs only. The sentence, “and that which is recited to you”, is in conjunction with thepronoun , “them”, preceding it; such conjuction has been allowed by al-Farrã’, although other grammarians do not agree with him. Accordingly, the verse, “and that which is recited to you in the Book concerning female orphans .“ refers to those rules and ideas which were revealed at the beginning of the chapter.at-Tilãwah (اَلتِّلَاوَة = recital) denotes recital of the words as well as description of the meaning of the words. The meaning is: Say:

'Allãh makes known to you His decision about the laws which are recited to you in the Book concerning female orphans.

Some people take the word aliftã’ in the meaning of explanation. According to them the meaning will be: Say: 'Allãh explains to you that which is recited to you in the Book.'

Many people have given various other constructions to these two sentences, but none of them is free from arbitrariness and inaccuracy which are not suitable for the Divine speech. For example, someone has said that the phrase, “that which is recited to you”, is in conjuction with the name, 'Allãh'; or with the implied pronoun in the phrase, 'makes known'. Some have said that it is in conjuctionwith, 'women', in the first sentence which says: a decision about women. Another one has said that the word, 'and', in 'and that which is recited', begins a new sentence, it has no connection with the preceding verse; according to them, “that which is recited to you”, is the subject and, “in the Book”, is its predicate. Still, others have said that 'wa ' in the verse 'wa mã yutlã ‘alaykum' is for oath and the verse concerning female orphans explains the words concerning them in the preceding sentence. According to him, the meaning will be: Say: 'Allãh makes known to you His decision - I swear with that which is recited to you in the Book - concerning female orphans . ' There is no need to point out the absurdities of these explanations.

“Whom you do not give what is appointed for them while you desire to marry them”: The speech describes the female orphans and points to their deprivations which were the main cause why Allãh laid down the rules which were revealed earlier. Those just rules abrogated the prevalent customs and removed the hardships which the women were suffering. It was their custom that they used to take female orphans as their wards together with their properties; if she was beautiful, they married her and enjoyed both her beauty and her property.If , on the other hand, she turned out to be ugly or of plain features, they would not themselves marry her nor would they allow her to marry another man. In this way, they appropriated her property.

It shows that:

First: The words of Allãh, “what is appointed for them”, refer to the natural demands ingrained in the creation and that is the Divine Decree. The creation and the ingrained instincts pave for the human beings the path of their lives. It is that decree which has been appointed for him/her and tells him/her to marry when he/she reaches a certain age and which gives him/her the freedom to manage his/her property the way he/she likes. To prevent him/her from marrying or from managing his/her own property is depriving him/her from what Allãh has appointed for him/her at the beginning of the creation.

Second: “while you desire to marry them”: It actually means, 'while you are averse to marry them'. Therefore, the preposition ‘an (عَنْ = off, away from) is omitted but understood here. This omission is understood from the preceding phrase, “whom you do not give what is appointed for them”, and the following words, “and concerning the weak among children”.

the weak among children” is in conjuction with, “female orphans”. They used to neglect orphaned children and deprive them from inheritance on the pretext that they were unable to ride and could not fight in defence of the women.

QUR’ÃN: “and that you should deal towards orphans withequity : This is in conjuction with, His decision concerning them. The meaning is: Say: 'Allãh makes known to you His decision that you should deal towards orphans with equity. This widens the circle of this rule from a limited group, that is, female orphans and weak children to all the orphans and in all their affairs,be it their property or other matters.

QUR’ÃN: “and whatever good you do, Allãh surely knows it” : It is a reminder to them that the rules which Allãh has imposed on them about the women and the orphans are for their own good and Allãh knows it. This encourages them to act on these rules because it is for their own good; and also warns them against disobeying the rules because surely Allãh knows what they do.

QUR’ÃN: And if a woman fears ill-usage or desertion on the part of her husband, there is no blame on them, if they effect a reconciliation between them, and reconciliation is better; and avarice has been made to present in the (people's) minds; and if you do good (to others) and guard (against evil), then surely Allãh is aware of what you do : This subject was not included in their enquiry but it has a sort of relevance with it, just like the order coming in the next verse: And you have it not in your power to do justice.

The order is given when the woman feels fear of mistreatment or desertion - and not the actual appearance of mistreatment or desertion - because attempts of reconciliation should be undertaken as soon as some symptoms and signs of ill-usage raise their head. The context shows that reconciliation here should take place when the wife forgoes some or all of her metrimonial rights in order to affect love, accord and genial relations for avoiding separation; and reconciliation is better.

and avarice has been made to be present in the (people's) minds”: ash-Shuhh (اَلشُّحُّ = miserliness, avarice); it means that avarice has been ingrained in the human nature in order to guard his interests and avoid loss. Thus, every person looks after his own interest; a woman does not want to leave any of her matrimonial rights like dress, maintenance, accomodation and conjugal relationship; and the man does not show any affection and harmony when he wants to separate from the wife and does not like living with her. Therefore, there is no blame on them if they affecta reconciliation between them by forgoing some of their rights.

“and if you do good (to others) and guard (against evil) then surely Allãh is aware of what you do”: It is an admonition to men that they should not deviate from the path of doing good and avoiding evil; they should always keep in mind that Allãh knows whatever they are doing; they should not oppress the women in domestic life and should not make them so frustrated that they forego their due rights just to keep peace in the family.

QUR’ÃN: And you have it not in your power to do justice between wives, even though you may wish (it), but be not disinclined (from one) with total disinclination . : It gives further explanation of the order given in the beginning of the chapter where it was said: But if you fear that you will not do justice (between them), then (marry) only one. The same ideal of justice is seen in the preceding verse where it says: And if you dogood (to others) and guard (against evil) then surely Allãh is aware of what you do. Obviously, this preceding verse contains a shade of threatening. Thus, man is bewildered as to how to affect real justice between the wives. Justice is the exact middle between the two extremes and to pinpoint it exactly is extremely difficult; especially so, because the relationship between the spouses is that of love and one does not have much control on the inclinations of the heart. Therefore, Allãh explains here that justice between the wives in its truesense to stand exactly in the middle of the extremes is beyond human power even if one may wish it. What a man is obliged to do is that he should not be totally inclined to one of them, leaving the other one as it were in suspense; that is, she does not feel as if she has a husband because she gets no attention from him, nor is she free of marriage so that she may marry someone else and go her own way. It is wãjib (necessary) on the husband to do justice between his wives, that is, he should treat all of them in equal manner and should fulfiltheir rights without excessiveness. And it issunnah for him to do good to all of them without showing any dislike to any of them and without subjecting any of them to ill-treatment; this was the behaviour of the Messenger of Allãh (s.a.w.a.) with his wives.

The proviso, “but be not disinclined (from one) with total disinclination, so that you leave her as it were in suspense”, proves that the preceding sentence: And you have it not in your power to do justice between wives, even though you may wish (it), doesn't mean that man cannot do justice between his wives at all, as some people have thought. And joining this misconception with the divine words: but if you fear that you will not do justice (between) them, then (marry) only one, they have claimed that Islam does not allow polygamy!

The proviso clearly shows that what has been negated is the real justice inwhich there is no excess at all and man stands in the exact middle; and what is allowed and made lawful is the practical justice in which minor inclinations are tolerated. Apart from that, thesunnah of the Holy Prophet and the polygamy practised before the eyes of the Prophet (s.a.w.a.), as well as the custom prevalent among the Muslims without any break since that time is enough to remove such erroneous impressions. Apart from that, to think that the divine words: then marry such (other) women as seen good to you, two and three and four, are merely imaginary suppositions which have no practical application, will bring down the Divine words to the level of a riddle.

It should be noted that the words: And if you affect a reconcili-ation and guard (against evil), then surely Allãh is Forgiving, Merciful, encourage the men with emphasis that whenever any signs of discord and dispute appear, they should try to bring reconciliation; then it goes on to say that it is a part of piety and with piety comes divine forgiveness and mercy. In the preceding verse, it was stated that reconciliation is better and they were exhorted to do good and guard against evil; then comes this verse which puts emphasis over emphsis.

QUR’ÃN: And if they separate, Allãh will render them both free from want out of His ampleness, and Allãh is Ample-giving, Wise.: If the man and the woman separate by divorce, Allãh will make them both free from want out of His amplenes. Making them free from want in this context means that Allãh will give them this freedom in all matters connected with matrimony, like harmony, intimacy and the wife's maintenance and clothing, etc. Allãh has not reserved either party for the other one; so, it is not that if they separate from each other, they will not get another spouse in their long life; rather it is a natural custom which is wide-spread among all the human beings and everyone by nature is inclined to marry.

The words: “and Allãh is Ample-giving, Wise. And whatever is in the heavens and whatever is in the earth is Allãh's”, give the reason of the statement “Allãh will render them both free from want out of His Ampleness”.

QUR’ÃN: And certainlyWe enjoined those who were given the Book before you and (We enjoin) you too that you should be careful (of your duty to) Allãh; . : It puts emphasis on the call addressed to them that they should pay special consideration to piety in all the stages and in every situation of their matrimonial life. It also shows that going against piety is being ungrateful to Divine favours; the piety which is acquired by Allãh's obedience proves one's gratefulness to Divine favours. Alternatively, we may say that it is only because of disbelief that one discards Allãh's fear: it may be open disbelief (as in the case of unbelievers and polytheists) or hidden disbelief (as in the case those believers who indulge in Allãh's disobedience).

The above explanation makes clear the words of Allãh, and if you disbelieve, then surely whatever is in the heavens and whatever is in the earth isAllãh's, and Allãh is Self-sufficient, Praise-worthy. The meaning is: If you do not remember what We have enjoined you and those who were before you and if you neglect this order and do not acquirepiety and it is disbelief in Allãh or emanates from disbelief in Allãh it will not harm Allãh at all. Allãh is not in need of you or of yourpiety, and surely whatever is in the heavens and whatever is in the earth is Allãh's, and Allãh is Self-sufficient, Praise-worthy.

Question: Why have the words: Whatever is in the heavens and whatever is in the earth is Allãh's, repeated three times in three consecutive verses Reply: In the first instance, it explains the reasons of preceding sentence: and Allãh is Ample-giving, Wise. The second instance is a response to the conditional clause: and if you disbelieve. It means, if you disbelieve, then Allãh is not in need of you; it is mademore clear by the ending phrase: and Allãh is Self-sufficient, Praise-worthy. The third sentence starts a new topic and gives a sort of reason to the Divine words: If Hepleases, He can make you pass away.

QUR’ÃN: And whatever is in the heavens and whatever is in the earth is Allãh's, and Allãh is sufficient as aprotector : We have repeatedly explained the meaning of the ownership of Allãh. He is the Protector who manages His servants' affairs and enough is He as a protector. He does not need any help in His work. If He was not pleased with the deeds of a people and was angry with their behaviour, He could easily make them pass away and bring other people in their place, or He could pull them behind and let others go ahead of them. This meaning, which is pointed out by the context, establishes a connection between this verse and the next one: If He pleases, He can make you pass away O people!

QUR’ÃN: If He pleases, He can make you pass away, O people!and bring others; and Allãh has the power to do this : The preceding verse gives a clarion call for adherence to piety which Allãh has enjoined this ummah and those who were before them from the People of the Book. In this context, it is clear that the declaration that Allãh does not need anything is closely related to the order of piety. The meaning, therefore, will be like this: Allãh has enjoined you all to adhere to piety, so be careful or your dutytowards Allãh. If you disbelieve, then Allãh is Self-sufficient and He is the Owner of everything. He can manage it in any way He pleases, and for any purpose He pleases. If He pleases that He should be worshipped and people should adhere to piety but you did not follow His commands in a proper way, then Allãh has the power to keep you behind and let others to precede you. Those people will do what Allãh is pleased with; and clearly Allãh has power to do so. Accordingly, the verse describes the possibilty of exchanging unpious people with the pious ones.al-Baydãwī has narrated a tradition in his tafsīr that when this verse was revealed, the Messenger of Allãh (s.a.w.a.) patted his hand on the back of Salmãn and said, “ Surely they are his people.” This tradition supports the meaning given by us; and you should ponder on it.

Some exegetes have said that probably it means: If Allãhpleases, He will destroy you all and bring other people in your place or other creation in place of human beings. But this meaning is not supported by the context. Of course, this explanation could be given for the verse: Do you not see that Allãh created the heavens and the earth with truth If He pleasesHe will take you off and bring a new creation. And this is not difficult for Allãh (14:19-20).

QUR’ÃN: Whoever desires the reward of this world, then with Allãh is the reward of this world and the hereafter; and Allãh is Hearing, Seeing.: It is another statement which exposes the error of him who discards piety and neglects Divine enjoinment, thinking that he only needs this world's reward and booty. In fact, such a person has fallen into confusion, because the reward of this world and of the fereafter, both are with Allãh, and in His hand. So, why should a man concentrate on the lower item of the two? Why should he not strive for the higher reward or both of them together? This meaning has been given by others; but more apparently, the meaning is this, and Allãh knows better: Surely the reward of this world and the hereafter and the felicity of both togetheris with Allãh. Therefore, man should strive to be nearer to Him, even he who wants only the reward and felicity of this world, because man cannot achieve felicity without fear of Allãh and piety which can be obtained only through the Divine religion which He has ordained. Religion is the exclusive path to the real felicity and happiness. How can one get any reward unless Allãh gives and issues it to him, and Allãh is Hearing,Seeing.

TRADITIONS

as-Suyūtī says: Ibn Jarīr and Ibnu ’l-Mundhir have narrated from Sa‘īd ibn Jubayr that he said: “Inheritance was not given except to a matured man who could manage and look after the property; children and women were not given any share in inheritance. When the verses of inheritance were revealed in the chapter of 'The Women', it proved very difficult to the people. They said, 'What!will a child inherit one who cannot manage the property?and the women who are exactly in the same position?will they inherit as a man inherits' They hoped that something will come down from the heavens to rectify the situation. They kept waiting. When they saw that nothing was happening, they said, 'If it was established then it would become an unavoidable obligation.' So, they decided to enquire further. They asked the Prophet (s.a.w.a.); then Allãh sent down the verse: And they ask you a decision about women, say, 'Allãh makes known to you His decision concerning them, and that which is recited to you in the Book concerning female orphans who you do not give what is appointed for them while you desire to marry them . '“ (ad-Durru ’l-manthūr)

‘Abd ibn Hamīd and Ibn Jarīr have narrated from Ibrãhīm that he said about this verse: “If an orphaned girl was ugly, they did not give her anything from the inheritance and prevented her from marrying until when she died, they would take her inheritance. Therefore, Allãh revealed this verse.”(ibid.)

The author says: These connotations have been narrated from numerous Shī‘ī and Sunnī chains, some of which was given at the beginning of the chapter.

The words: whom you do not give what is appointed forthem, mean what has been appointed for them in inheritance.at-Tabrisī has said that this meaning is narrated from Abū Ja‘far (a.s.). (Majma‘u 'l-bayãn)

al-Qummī has said that the verse: If a woman fears ill-usage or desertion on the part of her husband . , was revealed about the daughter of Muhammad ibn Maslamah. She was the wife ofRãfi‘ ibn Khadīj, and her age had advanced. He married another young woman and she looked more attractive to him than the daughter of Muhammad ibn Maslamah. So, she said to him: “Don't I find you turning away from me and preferring her?”Rãfi‘ said : “She is a young woman and is more attractive. If you wish, you may agree on this arrangement that she is given two or three days with me, and you have one day.” The daughter of Muhammad ibn Maslamah refused. So, he gave her one divorce. Then he gave her another divorce. Still, she said, “By Allãh, I will never agree unless you treat both of us in equal manner.” (Allãh says: and avarice has been made to be present in the (people's) minds.) And the daughter of Muhammad ibn Maslamah was not ready to forgo her share and persisted in her demand. ThenRãfi‘ told her that either she should agree or he would give her the third divorce. She did not like separation from her husband and agreed. She effected the reconciliation as described. So, Allãh said: there is no blame on them if they effecta reconciliation between them, and reconciliation is better. When she agreed and settled down, he could not do justice between them. Then the verse was revealed: and you have it not in your power to do justice between wives, even though you many wish (it), but be not disiclined (from one) with total disinclination; so that you leave her as it were in suspense. It is not proper that youshould attend to one wife and leave the other in suspense as though she is neither a widow nor married. When the woman agrees and accepts the terms which the husband had offered for reconciliation, then there is no blame on the husband or the wife to live according to the agreed terms. If she does not agree to forgo any of her rights, then he should either treat them equally or divorce her. There is no third alternative. (at-Tafsīr , al-Qummī)

The author says: as-Suyūtī has narrated it in ad-Durru ’l-manthūr from Mãlik, ‘Abdu 'r-Razzãq, ‘Abd ibn Hamīd, Ibn Jarīr, Ibnu ’l-Mundhir and al-Hãkim(who has confirmed this tradition as correct).

as-Suyūtī has said: “at-Tayãlisī, Ibn Abī Shaybah, Ibn Rãhawayh, ‘Abd ibn Hamīd, Ibn Jarīr, Ibnu ’l-Mundhir and al-Bayhaqī have narrated from ‘Alī ibn Abī Tãlib that he was asked about this verse, and he said: “It is about a man who has two wives; one has become old or is ugly; so he wants to separate from her; she offers a compromise that he should remain with her for one night and with the other one several nights and should not divorce her. As long as it is done onher own free will, there is no difficulty in it. If she returns, he will treat both of them equally.” (ad-Durru ’l-manthūr)

al-Kulaynī narrates through his chain of narrators from al-Halabī, from Abū ‘Abdillãh (a.s.) that he said: “I asked the Imãm about the words of Allãh: And if a woman fears ill-usage or desertion on the part of her husband. The Imãm said, 'It is about a woman who is married to a man and he dislikes her and says to her, “I want to divorce you.” She says to him, “Don't do it, I hate that you should make me an object of ridicule in the society. Instead, take away my night and do with it whatever you want. If there is any otherthing, that will also be given to you and let me be.” This is the meaning of the words of Allãh: there is no blame on them if they effecta reconciliation between them, and this is the reconciliation.” (al-Kãfī )

The author says: There are other traditions of the same meaning narrated in al-Kãfī and at-Tafsīr of al-‘Ayyãshī.

al-Qummī narrates about the Divine words: and avarice has been made to be present in the (people's) minds, that he said, “Avarice is ingrained in nature; some things she chooses to keep, some things she forgoes.” (at-Tafsīr , al-Qummī)

Hishãm ibn Sãlim narrates from Abū ‘Abdillãh (a.s .) about the words of Allãh: And you have it not in your power to do justice between wives, even though you may wish (it), that he said, “It refers to love.” (at-Tafsīr , al-‘Ayyãshī)

al-Kulaynī narrates through his chain of narrators from Nūh ibn Shu‘bah and Muhammad ibn al-Hasan that they said, “Ibn Abi 'l-‘Awjã’ asked Hishãm ibn al-Hakam and said, 'Is not Allãh Wise?' He said, 'Certainly ; He is the Most Wise.'He said, 'Then tell me about the Divine words: then marry such (other) women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one. Is it not a decisive order?' He said, 'Certainly.' Then he said, 'Now, tell me about the Divine words: And you have it not in your power to do justice between wives, even though you may wish (it), but be not disiclined (from one) with total disinclination; so that you leave her as it were in suspenses. Does a wise one talk like this' Hishãm could not reply. So, he went to Medina to Abū ‘Abdillãh (a.s.). The Imãm (a.s .) said, '(You have come) when it is neither the time of hajj nor of ‘umrah!' Hishãm said, 'Yes, may I be made your ransom! I have come for a problem which has kept me worried. Ibn Abi 'l-‘Awjã’ asked me a question and I could not reply him.' The Imãm (a.s.) said, 'What isthat ?' Hishãm narrated the full story.

“Abū ‘Abdillãh (a.s.) said to him, 'As for the verse: then marry such (other) women as seem good to you, two and three and four; but if you fear that you will not do justice (between them) then (marry) only one, it speaks about the maintenance; and as for the verse: And you have not in your power to do justice between wives, even though you may wish (it), but be not disinclined (from one) with total disinclination; so that you leave her as it were in suspense, it speaks about love.'

“When Hishãm went to Ibn Abi 'l-‘Awjã’ and told him the reply, he said, 'By Allãh, it is not from you.” (al-Kãfī )

The author says: A similar hadīth has been narrated from al-Qummī which says: An atheist asked AbūJa‘far al-Ahwal exactly the same question. He went to Medina and asked Abū ‘Abdillãh (a.s.) for the reply and the Imãm (a.s.) replied him exactly in the same way. AbūJa‘far returned to the man and gave him the reply, on hearing which he said, “This you have brought from Hijãz.”

at-Tabrisī explains the Qur’ãnic words: so that you leave her as it were in suspense, in this way: You leave the one you are disinclined towards her as if she is neither married to a husband nor is free from marriage. He has said that this meaning is narrated from AbūJa‘far and Abū ‘Abdillãh (a.s.). (Majma‘u 'l-bayãn)

The same book states about the Prophet (s.a.w.a.) that he used to distribute (provisions, time, etc.) among his wives, and then used to pray: “O Allãh! This is my distribution of the things which I possess; do not blame me for the thing which you do possess and I do not.”(ibid.)

The author says: This tradition has been narrated in Sunnī books through several chains. The phrase, “which you do possess and I do not”, refers to the love. Yet there is something wrong in this tradition. Allãh is far above blaming someone for some thing not in his possession, not in his control. He Himself has said: Allãh does not lay on any soul a burden except to the extant to which He has granted it (66:8); and the Prophet (s.a.w.a.) was fully cognizantof His Lord's dignity to ask Him to bring into existence a thing already existing.

al-Kulaynī has narrated through his chain of narrators from Ibn Abī Laylã that he said: “Narrated to me ‘Ãsim ibn Hamīd and said, 'I was with Abū ‘Abdillãh (a.s.) when a man came to him and complained of his poverty. The Imãm (a.s .) ordered him to get married. ‘Ãsim said that (after that) the man's poverty became more serious; so he came to Abū ‘Abdillãh (a.s.). The Imãm (a.s .) enquired about his condition; and he said that the poverty had increased. The Imãm (a.s .) said, 'Now, separate (from her).' So, he divorced her. ‘Ãsim reports that he again came to the Imãm (a.s .) who asked him how did he do. He said, 'I have become rich and my condition is very good.' Then Abū ‘Abdillãh (a.s.) said, 'I told you to do two things which Allãh had ordered. Allãh has said: And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allãh will make them free from want out of his grace; and Allãh is Ample-giving, Knowing (24:32). And He has also said: And if they separate, Allãh will render them both free from want out of His ampleness (4:130).

* * * * *

CHAPTER 4, VERSE 135

يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَۚ إِن يَكُنْ غَنِيًّا أَوْ فَقِيرًا فَاللَّـهُ أَوْلَىٰ بِهِمَاۖ فَلَا تَتَّبِعُوا الْهَوَىٰ أَن تَعْدِلُواۚ وَإِن تَلْوُوا أَوْ تُعْرِضُوا فَإِنَّ اللَّـهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا ﴿١٣٥﴾

O you who believe! be maintainers of justice, bearers of witness for Allãh's sake, though it may be against your own selves or (your) parents or near relatives; if he be rich or poor, Allãh is nearer to them both in compassion; therefore do not follow (your) low desires, lest you deviate; and if you swerve or turn aside, then surely Allãh is aware of what you do (135).

* * * * *

COMMENTARY

QUR’ÃN: O you who believe!be maintainers of justice, bearers of witness for Allãh's sake: al-Qist (اَلْقِسْط = justice). To stand with justice means to enforce it, to maintain it. Maintainers of justice are those who fully and perfectly establish justice without deviating from, or inclining against, it because of some low desire or sentiment, fear, or greed, or other such factors.

This virtue is the most perfect cause and nearest factor for following the truth and protecting it from getting lost. One of its corollaries is adherence to truth in giving evidence.

This verse has been revealed to describe the rule of evidence, but it has started with talk of justice, and then it proceeds to the rule of evidence. In other words, first a general ideal has been described and then it focuses on one of its aspects. It is as though it says: 'You should be bearers of witness for Allãh's sake but it will be difficult for you unless you become maintainers of justice.' So, you should be maintainers of justice in order to become bearers of witness for Allãh's sake.

The words, “bearers of witness for Allãh's sake”, show the purpose of the action; bear witness so that your witness should be for Allãh, as Allãh has said: And give testimony for Allãh (63:2).An evidence will be for the sake of Allãh when it is given in truth for the sake of demonstrating the truth and reviving it, as is clear from the sentence: therefore do not follow (your) low desires, lest you deviate.

QUR’ÃN: though it may be against your ownselves or (your) parents or nearrelatives : Even if the evidence goes against your own interest or against the interest of your parents or near relatives, it should not prompt you to alter the evidence or hide it.Giving evidence against oneself or against one's parents or relatives means that the evidence, when given, will harm the testifier or hsi parents or relatives. It makes no difference whether the party which would suffer damage is the one against whom the evidence is given directly; for example, if there is a case between his father and someone else and he testifies against his own father; or the damage may reach them indirectly.

QUR’ÃN: If he be rich or poor, Allãh is nearer to them both in compassion: The dual pronoun of “them both” refers to “rich or poor” because the same person can be rich at one time and poor at another; thus the conjunction, 'or' brings the two alternatives together just for describing the situation. There is no plurality in actual fact. This is what has been described by some exegetes. The meaning: Allãh is nearer to the rich in his wealth and to the poor in his poverty. What the verse emphasises is that the wealth of the rich should not cause you to deviate from the truth and incline to him; nor should the poverty of the poor incite you to try to better his condition by twisting the truth in his favour. You should bear witness for the sake of Allãh and then leave Him to look at the rich and the poor. He is nearer to them and more Merciful to to their condition. It is a reflection of His Mercy that He has obliged you to follow the truth compulsorily and has enjoined you to maintain the justice; when the justice is maintained and the truth becomes manifest, then the humanity will enjoy felicity and it will strengthen the rich and improve the condition of the poor.

A rich or poor may benefit in one or two cases froman evidence which is twisted or hidden, but in the long run it makes the truth feable and the justice dead. It gives life to oppression andstrengthen to falsehood and injustice; and this is the incurable disease which destroys the humanity.

QUR’ÃN: therefore do not folow (your) low desires, lest you deviate: There is a danger that you will deviate from truth and justice by following your low desire and by not giving the evidence for the sake of Allãh. The words, “lest you deviate”, describe the reason of this order. It may also be translated as, do not follow your low desires to deviate from truth.

QUR’ÃN: and if you swerve or turn aside, then surely Allãh is aware of what you do: Swerving with evidence means twisting it, and turning aside means not giving evidence and hiding it.

Some people have recited this sentence “wa in talū” (وَاِنْ تَلُوْ ) in that case, the meaning will be, if you are given responsibility of giving evidence and you fulfil it or turn aside; in both cases, surely Allãh is aware of what you do and He will give you its recompense.

TRADITIONS

Abū ‘Abdillãh (a.s.) has said, “A believer has seven rights on another believer. The most obligatory of them is that the man should tell truth, even if it goes against his own self or against his parents, he should not deviate from truth for their sake.” Then the Imãm (a.s .) recited: therefore do not follow (your) low desires, lest you deviate, and if you swerve or turn aside, from the truth. (at-Tafsīr , al-Qummī)

The author says: This tradition generalises the meaning of evidence to include general truthfulness.at-Tabrisī says: It is said that the last phrase means: If you change the evidence or hide it; and he has said that it is narrated from Abū Ja‘far (a.s.).

* * * * *