النساء

1:1.

Important Words:

See under 1:1.

33:71; 59:19.

7:190; 16:73; 30:22; 39:7.

Important Words:

رقیبا (Watcher) is derived from رقب. They say رقبه i.e. he watched him; or guarded him; or waited for him; or he kept or preserved it. رقیبis one of God’s attributes meaning, Watcher, Guardian, Keeper; One from Whom nothing is hidden.رقیب also means, an observer; a spy (Lane & Aqrab).

Commentary:

The words نفس واحدة (single soul) may signify: (1) Adam; or (2) man and woman taken together, because when two things jointly perform one function, they may be spoken of as one. For instance, 2:62 speaks of one food, while it consisted of manna and quails; or (3) man and woman taken individually, because mankind may be said to have been created from one "single soul" in the sense that each and every individual is created from the seed of man who is "one soul" and is also born of woman who is likewise "one soul".

The expression, and created therefrom its mate, does not mean that woman was created out of the body of man but that she belonged to the same kind and species as man, having the same nature and the same propensities. The meaning of this expression becomes clear when elsewhere we read in the Quran: And Allah has made for you mates from among yourselves (16:73); and He has made for you pairs of your own selves, and of the cattle also pairs (42:12). This means that, like other human beings, a wife was provided for Adam from his own species. And just as other men’s wives are not created from their ribs, so was the wife of Adam not created out of his ribs; and just as our wives have been made from ourselves in the sense that they are of the same kind as ourselves, so was the wife of Adam created from his rib in the sense that she belonged to the same race as Adam did. The preposition من (from) which has given rise to this misconception has been used in the Quran not only about Adam but about other men as well (e.g. 4:60; 9:128; 10:3; 62:3, 4), and in both cases it should mean the same thing, i.e. belonging to the same kind or species. The Quran lends no support whatever to the view that Eve was actually created from the rib of Adam, as is clear from the following verses: We have created you in pairs (78:9); And of everything have We created pairs (51:50), which means that, just as God created a mate for every living thing, so did He make one for Adam. He did not need to depart from this law in respect of Adam and to create a female for him out of his own body.

The idea of Eve having been created out of the rib of Adam seems to have arisen from a saying of the Holy Prophet to the effect "Women have been created from a rib, and surely, the most crooked part of a rib is the highest part thereof. If you set yourself to straighten it, you will break it" (Bukhari, ch. on Nikah). This hadith is, however, an argument against the above view rather than in favour of it, for it makes no mention of Eve, and speaks of all women, and it is clear that every woman has not been created from a rib.

The expression "created from a rib" is evidently figurative and must not be taken literally. What it means is only that, like unto a rib, there is a sort of crookedness in the nature of woman and that this very crookedness lends charm to her. An analogous Quranic expression, viz.: خلق الانسان من عجل i.e. "man is made of (lit. from) haste" (21:38) helps to illustrate the point. These words clearly do not mean that man has been created out of a substance called عجل or haste. They mean only that man is hasty by nature. The above view has been supported by Majma‘ul Bihar, Bahrul-Muhit and Sirajul-Wahhaj, which all agree that in the above hadith the Arabic word ضلع means a certain crookedness of manners, the word itself meaning crookedness.

In fact, this hadith refers to a certain peculiarity of woman, viz. her affectation of displeasure and coquetry. This "crookedness" has been spoken of in the hadith as the highest or the best trait in her character, and those, who take affectation of anger on her part as an expression of her real anger and begin to deal harshly with her for that reason, in fact destroy woman’s most attractive and winning feature.

The verse places "the fear of God", side by side with "respect for the ties of relationship", thus emphasizing the importance of good treatment of relatives, on which the Quran lays so much stress. The Holy Prophet used to recite this verse when delivering a marriage sermon in order to remind the parties of their duties to one another.

4:11, 128; 6:153; 17:35.

Important Words:

حوبا (sin) is derived from حاب meaning, he sinned; he did what was unlawful. حوب means: (1) a great sin or simply sin or crime; (2) wrong or injustice; (3) perdition, destruction or death; (4) disease; (5) a trial, trouble or affliction (Lane & Aqrab).

Commentary:

After mentioning two favours of God in the previous verse, viz. the multiplying of many men and women from a "single soul", and preserving them from destruction by instituting ties of relationship, the Quran proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.

The expression, and exchange not the bad for the good, means that if you do not give the orphans their property, the result will be that your own pure possessions will become impure and you yourselves will suffer in the long run.

The words, devour not their property with your own, contain a warning to guardians not to mix up the property of orphans with their own with the intention of misappropriating it. The clause also hints that if the guardian of an orphan possesses sufficient means of subsistence, he should not take anything out of the property of his ward as a compensation for his guardianship.

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.

4:25, 26; 60:11.

Important Words:

صدقات (dowries) which is the plural of صدقة (saduqah) and not صدقة (sadaqah), as might be wrongly supposed, is derived from صدق. They say صدق فی الحدیث i.e. he was true in his speech, or he spoke the truth, or he spoke truthfully. صدق فی القتال means, he fought well: he gave a good account of himself in the fight; he was true to his duty in the fight. صدق فی الوعدmeans, he was truthful in his promise. The expression صدقه النصیحة والاخاء means, he was sincere to him in his advice and brotherly affection. See also 2:32. صدقة (sadaqah) of which the plural is صدقات (sadaqat) means, anything given to win the pleasure of God and a good reward from Him; alms and charity; Zakah, i.e. the prescribed tax of Islam for helping the poor, etc. صدقة (saduqah) of which the plural is صدقات (saduqat) as in the present verse, means, dowry or nuptial gift a gift that is given to or for a bride (Lane & Aqrab). Another word for it is صداق (or مھر) which Islam prescribes for every marriage tie, making it binding on the husband to pay to his wife. It is so called because it is a symbol of truthfulness and sincerity on the part of the husband.

نحلة (willingly) is derived from نحل. The expression نحل المراة means, he gave his wife her مھر or dowry. They say نحل فلانا i.e. he gave such a one willingly and cheerfully without expecting a return. نحلة means, giving a thing willingly and cheerfully without expecting a return; payment of the dowry to a wife; a free gift. نحلة is distinguishable from ھبة (a free gift) in that everyھبة is نحلة but every نحلة is not ھبة (Aqrab & Mufradat).

Commentary:

The verse may be taken to be addressed to both the husband and the relations of the wife. In the latter case, it would mean that the relations of a woman should not spend her dowry received from the husband to meet their own needs, but should faithfully hand it over to her. Some persons receive the dowry of their female wards from their husbands and then, instead of giving it to them, keep it for themselves. Primarily, however, the verse is addressed to the husband whom it requires to pay the agreed dowry to his wife willingly, cheerfully and without demur. Some people fix dowries for their wives and then hesitate or even refuse to pay them, expecting them and even urging them to forego the right. The verse condemns this evil practice.

The word نحلة (paying the dowry willingly and cheerfully) also points to the amount of the dowry being reasonable it should be well within the means of the husband so that its payment may not be a painful burden to him. He should be in a position to pay it willingly and cheerfully.

The clause, if they, of their own pleasure, remit to you a part thereof, applies to those wives who voluntarily and willingly give up or pay back anything out of the agreed dowry. It does not apply to a case in which the wife is asked or made to relinquish the whole or part of the dowry before it has been actually paid to her. According to ‘Umar, a woman might claim back her dowry even after she has given it up, if she has done so under any vestige of pressure.

The words, then enjoy it as something pleasant and wholesome, imply a compliment to such husbands as evoke a willing and voluntary response from their wives owing to their kind and loving treatment of them. In such cases the wives are so pleased with their husbands that they offer to them a part of their dowry out of their own free will, as a token of the true love that exists between them.

Important Words:

قیاما (means of support) is derived from قام i.e. he stood up. قام بالامر means, he undertook or managed the affair. قام علیهmeans, he took care of him or it. قام بالیتیم means, he supported or maintained the orphan (Lane). So قیام would mean, the act or state of standing; a means of support or sustenance.

Commentary:

The verse speaks of the property of the orphans as "your property," hinting thereby that the guardians of orphans should be very careful about spending the orphans’ property and should in this respect treat it as their own. The expression "your property" may also signify "the property of the orphans which is in your custody." It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.

As special emphasis was laid in the preceding verses on the care and good treatment of orphans, there was a likelihood that some Muslims might too readily give orphans their money on demand from them. This verse cautions guardians against such a hasty step, because, being young and inexperienced, orphans might waste their money and might also thereby spoil their character. Muslims are, therefore, bidden to meet the legitimate needs of orphans but not to squander away their money, which is a means of their support and maintenance. The same injunction applies to the children or persons of weak understanding in general, the reason being the same in both cases.

The word سفھاء translated as "foolish" but properly meaning, "those who cannot take proper care of their possessions", has been substituted for the word "orphans" in the present verse to supply the needed reason for the injunction, as well as to make it of general application, including in its scope all such persons as are unable to take care of their possessions.

In the case of disabled adults, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like courts of wards to look after the property of such persons as cannot manage it themselves.

Commentary:

Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.

The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.

But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.

The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.

The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.

4:34.

Commentary:

This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.

Commentary:

The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance.

By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator’s lawful heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhari ch. on Wasaya).

According to Ibn ‘Abbas, Ibn Musayyib, Ibn Sa‘id and Abu Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muhit). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person’s property.

Commentary:

The verse contains a strong and highly forceful appeal in favour of orphans. Those to whom the guardianship of orphans is entrusted are told to imagine just how they would feel if they knew that they were to die leaving behind little children and no one to take care of them. The implication is that they should treat their wards as kindly as they would like their own little children to be treated in case of their own death.

See 4:3.

Important Words:

یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).

Commentary:

The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.

4:177.

Important Words:

ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).

ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).

Commentary:

This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.

Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).

The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.

The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.

The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).

The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.

4:177.

Important Words:

کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).

Commentary:

The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.

It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.

The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.

It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.

The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.

It may incidentally be noted here that heirs are divided into two main groups:

1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.

2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.

It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.

The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.

The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.

3:133; 8:21; 33:72.

See 2:26.

72:24.

4:20, 26; 24:20.

Important Words:

الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).

Commentary:

The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.

The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.

Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:

1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.

2. The law mentioned in the above-quoted hadith is not found in the Quran.

3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.

It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.

Commentary:

The verse refers to two males who are guilty of an unnatural offence or something approaching it. What particular form the punishment mentioned here should take has been left to the discretion of the authorities concerned.

Both this verse and the preceding one refer to offences for which no حد شرعی (punishment definitely fixed by the Law) has been prescribed, the matter having been left to the discretion of the authorities to be decided according to circumstances.

6:55; 16:120; 24:6.

Commentary:

The expression بجھالة (ignorantly) does not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act of ignorance, born of lack of true knowledge. The Holy Prophet is reported to have said, "There are some kinds of 'knowledge' which are really 'ignorance' ", i.e. the learning of which is injurious to man (Bihar). So the expression بجھالة (ignorantly) has been added to point to the philosophy of sin and to exhort people to acquire true knowledge with a view to avoiding sin.

The words من قریب (soon after) here mean "before death" which may come at any time and is thus always near. The Holy Prophet is reported to have said: "Allah accepts the repentance of man till the agonies of death" Muslim, ch. on Taubah). This explanation is corroborated by what is said in the next verse (4:19), viz. who continue to do evil until when death faces one of them, he says, I do repent now. This shows that repentance may be accepted of any person, if he sincerely repents before death actually overtakes him.

2:62; 3:92; 47:35.