CHAPTER 4, VERSES 19 - 22
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِثُوا النِّسَاءَ كَرْهًاۖ
وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍۚ
وَعَاشِرُوهُنَّ بِالْمَعْرُوفِۚ
فَإِن كَرِهْتُمُوهُنَّ فَعَسَىٰ أَن تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّـهُ فِيهِ خَيْرًا كَثِيرًا ﴿١٩﴾ وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًاۚ
أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُّبِينًا ﴿٢٠﴾ وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا ﴿٢١﴾ وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَۚ
إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا ﴿٢٢﴾
O you who believe! it is not lawful for you that you should inherit women against (their) will; and do not straiten them in order that you may take part of what you have given them, unless they are guilty of manifest indecency; and live with them in a proper manner; then if you hate them, it may be that you dislike a thing while Allāh has placed abundent good in it (19). And if you wish to have (one) wife in place of another and you have given one of them a heap of gold, then take not from it anything; would you take it by slandering (her) and (doing her) manifest wrong? (20). And how can you take it when one of you has already gone in to the other and they have made with you a firm covenant? (21). And marry not women whom your fathers married, except what has already passed; this surely is indecent and hateful, and it is an evil way (22).
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COMMENTARY
The talk returns to the subject of women, guiding the Muslims about some related matters. This piece contains the clause, and live with them in a proper manner; then if you hate them, it may be that you dislike a thing while Allāh has placed abundant good in it. It is a basic Qur’ānic principle which regulates woman’s social life.
QUR’ĀN:
O you who believe! it is not lawful for you that you should inherit women against (their) will: The Arabs of the era of ignorance counted wives of a deceased person as part of his inheritance if the woman was not the heir’s mother, as history and traditions have reported. The heirs took the widow as part of their share; one of them threw a cloth on her and she became his property. If he wished, he married her, inheriting the deceased’s marriage - without giving her a fresh dowry. If he disliked marrying her, he held her in his custody; then if he was so pleased, he gave her in marriage to someone and used her dowry himself; and if he wished, he kept her in straitened condition, not allowing her to marry, until she died and he inherited her property, if she had any.
Apparently, the verse forbids some custom that was prevalent among them; and as some exegetes have written, it could be the above-mentioned system of inheriting the widows. But the clause, ‘‘against (their) will’’, does not agree with this interpretation, whether we take it as an explanatory clause or a restrictive one. If it were taken as explanatory clause, it would imply that that inheritance was always disliked by women, always happened against their will - and obviously it was not so. If it were taken as a restrictive clause, it would mean that that inheritance was unlawful nly if it took place against the woman’s will, but there was no harm if she freely agreed to it - but this too is not correct.
Of course, dislike and unwillingness was a certainty when the heirs prevented them from re-marrying, coveting, in all or most cases, their property after taking their possession by inheritance. Obviously, it is this factor - contriving to inherit the woman’s property against her will - which this verse has forbidden.
As for marrying them by inheritance, this verse does not deal with it; that is forbidden by a coming verse, which says: And marry not women whom your fathers married So far as the custom of giving them in marriage to someone else and usurpation of their dowry by the concerned heir is concerned, it is forbidden by such verses as: and women shall have the benefit of what they earn (4:32). Also the verse: then when they have fully attained their term, there is no blame on you for what they do for themselves in a proper manner (2:234), discredits the whole custom, guiding the people to the Islamic way.
As for the words: and do not straiten them in order that you may take ..., they do not refer to the afore-mentioned prevention of their re-marrying (with intention of getting their property on their death), because the subsequent clause: in order that you may take part of what you have given them, clearly speaks about taking away part of the dowry which the oppressing husband himself had given her; it does not refer to any property which she might have got from other sources.
In short, the verse stops men from inheriting women’s property against their will; it is not concerned with the custom of taking women themselves as part of inheritance. Accordingly, either the word, ‘women’, metaphorically refers to their property, or the word, ‘property of’, is implied before it.
QUR’ĀN:
and do not straiten them in order that you may take part of what you have given them, unless they are guilty of manifest indecency: The conjunctive, ‘and’, conjoins it either with the preceding: that you should inherit, (in which case it should be translated: nor that you should straiten them), or with: it is not lawful for you, (taking the negative present tense as equivalent to prohibitive mood). al-‘Adl (اَلْعَضْلُ = to prevent, to straiten, to put in difficulty); al fāhishah (اَلْفَاحِشَةُ = indecency; it is mostly used for fornication); al-mubayyanah (اَلْمُبَيَّنَةُ = clear). Sībawayh has reportedly said that abāna, istabāna, bayyana, tabayyana (اَبَانَ،اِسْتَبَانَ،بَيَّنَ،تَبَيَّنَ ) all have the same meaning, and are used both as transitive and intransitive - all of them are used to say, for example: The thing became clear, or, I made the thing clear.
The verse makes it unlawful to put the wife in straitened condition - in any way - with intention of compelling her to pay back to the husband a part of dowry for dissolution of marriage-tie, so that she may extricate herself from that difficult life. Imposing such difficulties with this intention is unlawful for the husband. Of course, if the wife commits manifest indecency, i.e., adultery, then he may put restrictions on her, keeping her in straitened condition, in order that she may pay him something to obtain divorce.
This verse is not in conflict with the verse 229 of the chapter of ‘The Cow’: and it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of Allāh; then if you fear that they cannot keep within the limits of Allāh, there is no blame on them for what she gives up to become free thereby. It is a specification; the verse of the chapter of ‘The Women’ specifies the one of the chapter of ‘The Cow’, by restricting it to the case of fornication. Moreover, the payment mentioned in the chapter of ‘The Cow’ refers to that which is given by mutual agreement, and that cannot particularize this verse.
QUR’ĀN:
and live with them in a proper manner; abundant good in it: ‘‘al-Ma‘rūf’’ (اَلْمَعْرُوفُ ) is that thing or custom which people recognize in their social structure, which they do not reject or disapprove.
As the order to live with them is qualified with al-ma‘rūf, it tells men to live with women in a manner that is known and recognized by the society.
The living together that is known and recognized by the people is as follows:
Every individual is an integral part of society, having equal importance with all other parts; they all together constitute human society; and each of them has a responsibility to strive as much as he can to make up the society's deficiencies. He earns and makes what is beneficial, takes from it according to his requirements, and gives the surplus to the society. If someone is treated in a different way, and is oppressed in a manner that his identity as an integral part is nullified, then he becomes a vassal, he is exploited but is given nothing in lieu of his labour. But it is exceptional case.
Allāh has described in His book that all people - men and women alike - are branches of a single human root; parts and components of one human species. Society, for its existence, needs males as much as it needs females - in equal degree. Allāh has said: you are (sprung) the one from the other (4:25).
There is nothing contradictory when we see that each sex has been bestowed some distinct characteristics which are not found in the other. For instance, men on the whole are distiguished for their strength and hardiness; and women by nature are more endowed with sentiments and soft-heartedness. Humanity, in its creative and social lives, needs demonstration of strength and hardiness as much as it requires permeation of love and mercy. The two qualities together represent the forces of attraction and repulsion which are prevalent in human society.
Thus the two sexes are equally balanced in weight, effect and influence; in the same way as individual males are equal in their affect and influences on this structure, in spite of their difference in natural and social matters, like strength and weakness, knowledge and ignorance, intelligence and obtuseness, smallness and greatness, leadership and subordination, mastership and servitude, nobleness and vileness, and so on.
This is the social order emanating from perceptivity of a normal society that continues on the natural way without deviation. Islam has fulfilled all requirements of society and removed its deficiencies. No wonder that it had to establish the system of equality in society; and it is this equality that is called social freedom. It gives freedom to the women like the men.
Man, per se, has got the faculty of understanding and free will; with that independent will he chooses what is beneficial to him and discards what is harmful. Living in society he has the right to choose whatever he wants - as long as it does not go against the society’s well-being - with independent will without any hindrance from anyone; he is not bound to opt for someone else’s choice without any will of his own. But, as you have seen, this principle is not in conflict with specialization that some classes, or a few members of the same class, should be distiguished with some especial qualities - or should be particularly devoid of some qualities. As for example, Islam has reserved judiciary, administration and jihād for men; also they have been given responsibility of maintaining the women. Or, as minor children are not competent to make any acknowledgement or deal, and are exempted from the sharī‘ah’s obligations. These examples show that different classes and individuals are governed by different laws - which are based on difference of their weight in society - although all of them are equal in their basic value in human social structure, where the only criterion is that all are human beings having understanding and free will.
Such restrictions and exclusions are not peculiar to the Islamic laws; they are found, in varying degrees, in all civil codes; nay, in all human systems, even in primitive customs. The clause, that encompasses all these meanings, is the word of Allāh: and live with them in a proper manner, as explained above.
As for the words of Allāh: then if you hate them, it may be that you dislike a thing while Allāh has place abundant good in it, it presents a known and definite fact in the shape of a doubtful matter. Often this style is used to.prevent incitement of antagonism and prejudice in the audience. The same style is seen in the following verses: Say: ‘‘Who gives you the sustenance from the heavens and the earth?’’ Say: ‘‘Allāh. And most surely we or you are on a right path or in manifest error.’’ Say: ‘‘You will not be questioned as to what we are guilty of, nor shall we be questioned as to what you do.’’ (34:24 - 25).
At the time when the Qur’ān was revealed, human societies did not accord the women the status of human being; they were not considered as integral component of humanity. Some welladvanced civilizations treated them as an appendage - beyond the human circle - whose only purpose was to be used and exploited by man. Others recognized that women were human beings, but of inferior quality; they were deficient in humanity, like children and idiots, but with one difference: While children’s or idiot’s deficiency was removable (after adulthood or by treatment, respectively) women could never attain full human status. Consequently, it was necessary for them to live as a dependent under total authority of men for ever. It is interesting to note that Allāh has not said: if you dislike their marriage; He has ascribed the dislike and hate directly to their person: ‘‘if you hate them’’; probably this expression was used keeping the above-mentioned social norm in view.
QUR’ĀN:
And i f you wish to have manifest wrong?: al Istibdāl (اَلْاِسْتِبْدَالُ = to seek a substitute); it is used here for replacement of a wife with another; or it implies taking a wife in place of another by substitution. That is why ‘‘you wish’’ has been used with the istibdāl, although the latter’s paradigm itself gives the meaning of wishing and wanting. Accordingly, the meaning is as follows: And if you wish to take one wife in place of another by substitution.
al-Buhtān (اَلْبُهْتَانُ ) is what stuns and bewilders someone; it is generally used in meaning of false accusation. Grammatically, it is almas dar, but in this verse it has been used for an action, i.e., taking back a part of dowry. Syntactically it describes state of the verb, ‘‘would you take it’’; and so does the phrase, ‘‘manifest wrong’’. The question shows disapproval.
The meaning: If you wish to divorce a wife and marry another in her place, do not take back from the divorced wife any part of the dowry which you had paid her - even if the amount you had given her was huge and you want to take only a small portion.
QUR’ĀN:
And how can you take it a firm covenant? ...: The question creates a sense of astonishment. ‘‘al-Ifdā’ ’’ (اَلْاِفْضَآءُ = to reach, to arrive at) is used for intimate touching; it is derived from al fadā’ (اَلْفَضَآءُ = space, vastness).
As taking back a portion of dowry is an oppression and injustice, and the parties had lived in intimacy and union, it was really an amazing situation. Marriage and the resulting intimate sexual relation makes husband and wife like one being; and it is really strange that one should oppress one’s own self, or one part of a body should oppress the other part.
Apparently, the clause, ‘‘and they have made with you a firm covenant’’, refers to the union which the man had firmly established through marriage-tie; and one of whose concomitants is the dowry fixed at the time of marriage and which the woman receives from the man by right.
Someone has said that the firm covenant refers to the promise taken from man for woman that he would either retain her in a proper way or let her go with fairness, as Allāh has mentioned [in 2:231]. Someone else has said that it refers to their becoming lawful to each other as a result of marriage. But quite obviously, these interpretations are far-fetched, as the words of the verse show.
TRADITIONS
Hāshim ibn ‘Abdillāh narrates from as-Sariyy al-Bajalī that he said: ‘‘I asked him about the word of Allāh, and do not straiten them in order that you may take part of what you have given them: Then he quoted a talk and then said: ‘As the Nabateans say that when he threw a cloth on her, he restrained her, so that she could not marry anyone else. It was a custom in the (era of) ignorance.’ ’’ (at-Tafsīr, al-‘Ayyāshī)
Abu ’l-Jārūd narrates from Abū Ja‘far (a.s.) about the word of Allāh, O you who believe! it is not lawful for you that you should inherit women against (their) will: ‘‘It was [a custom] in the [era of] ignorance [and] when the Arab tribes first accepted Islam, that when a relative of a man died leaving a woman, that man threw his cloth on her and thus inherited her marriage by the same dowry which the [deceased] relative had given her; the man inherited her marriage as he inherited his (the deceased’s) property. When Abū Qays ibn al-Aslat died, Muhassan son of Abū Qays threw his cloth on the woman of his father; and she was Kubayshah bint Mu‘ammar ibn Mu‘bad. So, he inherited her marriage; then he left her - he neither went in to her nor spent on her (maintenance). So, she came to the Messenger of Allāh (s.a.w.a.) and said: ‘O Messenger of Allāh! Abū Qays ibn al-Aslat died and his son, Muhassan, inherited my marriage. Now he does not come to me, nor does he spend on me, nor does he release me so that I may join my own people.’ The Messenger of Allāh (s.a.w.a.) said: ‘Go back to your house; and if Allāh ordains something concerning your matter, I will inform you.’ Then it was revealed: And marry not women whom your fathers married, except what has already passed; this surely is indecent and hateful, and it is an evil way. Thus she joined her own people. Also there were (other) women in Medina whose marriage, like that of Kubayshah, was inherited; but they were inherited from sons. Then Allāh revealed: O you who believe! it is not lawful for you that you should inherit women against (their) will.’’ (at-Tafsīr, al-Qummī)
The author says:
The ending clause of the tradition is not free from muddle and confusion. However, several Sunnī traditions too have narrated this story and that the verse was revealed in that connection. All or most of the traditions say that the verse; O you who believe! it is not lawful for you that you should inherit women , was revealed about the above-mentioned event. But you have seen in the commentary that the wording of the verse does not agree with this claim. However, there is no doubt that the said event had happened, and that the verses are somehow related to it and to the prevalent custom of the era of ignorance. Therefore, what we have written earlier should be relied upon.
at-Tabrisī has written about the clause, unless they are guilty of manifest indecency, that it is better to apply this word to every sin; and has said that it is narrated from Abū Ja‘far (a.s.). (Majma‘u ’l-bayān)
ash-Shaybānī has said: ‘‘Indecency is adultery, and the verse means that if man comes to know of her indecency, then he may take ransom (from her); and it is narrated from Abū Ja‘far (a.s.).’’ (at-Tafsīr, al-Burhān)
Ibn Jarīr has narrated from Jābir: ‘‘Verily, the Messenger of Allāh has said: ‘Fear Allāh about women; because you have taken them in Allāh’s trust, and have made their bodies lawful (to you) by the word of Allāh; and it is your right on them that they should not let anyone you dislike trample your bed; if they do so then you (may) hit them (but) not violently; and they have a right on you for their maintenance and clothing in a proper way.’ ’’ (ad-Durru ’l-manthūr)
Ibn Jarīr has narrated from Ibn ‘Umar that he said: ‘‘Verily, the Messenger of Allāh (s.a.w.a.) said: ‘O people! Verily, the women near you [i.e., your wives] are [like] conscript labour [i.e., they are joined to you for ever]; you have taken them in Allāh’s trust, and have made their bodies lawful (to you) by the word of Allāh. So you have got right on them, and it is among your rights on them that they should not let anyone trample your bed, nor should they disobey you in any good (thing); and when they do so [i.e., fulfil these rights] then they have got right of maintenance and clothing in a proper way.’ ’’ (ibid.)
The author says:
The meaning of these traditions may be understood from ealier explanations.
Abū Ja‘far (a.s.) has said about the word of Allāh, and they have made with you a firm covenant: ‘‘Covenant is the word with which marriage is contracted ...’’ (al-Kāfī; at-Tafsīr, al-‘Ayyāshī)
at-Tabrisī has said: ‘‘Firm covenant is.the commitment made by the husband at the time of marriage that he will either retain her properly or let her go in fairness. This meaning is narrated from Abū Ja‘far (a.s.).’’ (Majma‘u ’l-bayān)
The author says:
This meaning is narrated from several early exegetes like Ibn ‘Abbās, Qatādah and Abū Malīkah. The wording of the verse is not out of tune with it, because this also is a covenant women make with men; although more obviously it means the marriage formula which is recited to establish marriage-tie.
az-Zubayr ibn Bakkār has narrated in al-Muwaffaqiyyāt from ‘Abdullāh ibn Mus‘ab that he said: ‘‘ ‘Umar said: ‘Do not give to women a dowry more than forty ūqiyyah
If anyone exceeds [this limit] I will put the excess amount in the treasury.’ A woman said: ‘You have no such authority.’ He said: ‘Why?’ She said: ‘Because Allāh says: ‘‘... you have given one of them a heap of gold ...’’ ’ Thereupon ‘Umar said: ‘A woman hit the mark and a man missed.’ ’’ (ad Durru ’l-manthūr)
The author says:
as-Suyūtī has also narrated it from ‘Abdu ’r-Razzāq and Ibnu ’l-Mundhir from ‘Abdu ’r-Rahmān as-Salamī; and from Sa‘īd ibn Mansūr and Abū Ya‘lā through a good chain from Masrūq (and that tradition says ‘‘four hundred Dirhams’’ in place of ‘‘forty ūqiyyah’’); and also from Sa‘īd ibn Mansūr and ‘Abd ibn Hamīd from Bakr ibn ‘Abdillāh al-Muzanī; and all traditions have nearly the same meaning.
Ibn Jarīr has narrated from ‘Ikrimah that he said about the word of Allāh, And marry not women whom your fathers married, that it was revealed about Abū Qays ibn al-Aslat who took Umm Ubayd bint Damrah who was the widow of his father, al-Aslat; and about al-Aswad ibn Khalaf who had taken the daughter of Abū Talhah ibn ‘Abdi ’l-‘Uzzā ibn ‘Uthmān ibn ‘Abdi ’d-Dār, who was the widow of his father, Khalaf; and about Fākhitah, daughter of al-Aswad ibn al-Muttalib ibn Asad, who was the wife of Umayyah ibn Khalaf and then she was taken by his son, Safwān ibn Umayyah; and about Manzūr ibn Rabāb who had taken Malīkah daughter of Khārijah, who was the widow of his father, Rabāb ibn Sayyār. (ibid.)
Ibn Sa‘d has narrated from Muhammad ibn Ka‘b al-Qurazī that he said: ‘‘When a man died leaving a woman, his son had the right to marry her if he so wished - provided she was not his own mother - or to give her to someone else in marriage. When Abū Qays ibn al-Aslat died, his son, Muhassan, succeeded him and inherited the marriage of his widow; but he did not give her maintenance nor he gave her any property as [her husband’s] inheritance. Thereupon, she came to the Prophet (s.a.w.a.) and described the situation to him. He said: ‘You go back; perhaps Allāh will send down something about you.’ Then it was revealed: And marry not women whom your fathers married ...; also it was revealed, it is not lawful for you that you should inherit women against (their) will.’’ (ibid.)
The author says:
We have already given Shī‘ī traditions of the same meaning.
Ibn Jarīr and Ibnu ’l-Mundhir have narrated from Ibn ‘Abbās that he said: ‘‘The people of [the era of] ignorance prohibited [marriage with] all whom Allāh has prohibited except the father’s wife and having two sisters together as wives. Then Allāh revealed: And marry not women whom your fathers married; and, [it is unlawful] that you should have two sisters together.’’ (ibid.)
The author says:
There are other traditions also of the same meaning.
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Author: Allamah Sayyid Muhammad Husayn Tabatabai
