وَلَا جُنَاحَ عَلَيْكُمْ

Important Words:

عرضتم (you throw out a hint) is derived from عرض meaning, he offered and presented a thing. عرض (‘arrada) means, he used an expression susceptible of different meanings; or he mentioned a thing not clearly but in a veiled manner; or he used words to convey a sense which the words used did not definitely convey (Lane).

خطبة (proposal of marriage) is derived from خطب meaning, he addressed a meeting; he delivered a sermon. خطب المرأة means, he proposed marriage to her. خطبة (khutbah) means, a sermon. خطبة (khitbah) means, a proposal of marriage (Aqrab).

اکننتم (you keep hidden) is derived fromکن . They say کن الشیء or اکن الشیء meaning, he concealed the thing; he covered it. کنان means, a veil or covering, and مکنون means, covered or hidden (Aqrab).

عقدة (tie) is the infinitive-noun from عقد meaning, he tied; he made a thing firm and fast. عقد الحبل means, he tied the rope; he tied it in knots. عقدة means, a tie; a contract that ties up or binds two parties; a marriage contract (Aqrab).

Commentary:

According to this verse, it is forbidden to a man to make an open proposal of marriage to a widow within her عدة or the prescribed period of waiting. He who intends to marry a widow must keep his intention concealed from her. He may drop a hint indirectly suggestive of his intention. But he must on no account make an open suggestion or a formal proposal or even a secret proposal concerning marriage. A widow, too, is prohibited from giving her consent to such a proposal within the prescribed period. She must patiently wait for four months and ten days out of deference to the memory of her departed spouse and in order that her possible pregnancy may become apparent, because a pregnant woman is not allowed to marry until she is delivered of the child.

The words, beware of it, are meant to caution men to be on their guard against disobeying these commandments which are meant for their own good. If God had not laid them down, all social order would have gone to pieces.

The divine attributes, "Forgiving" and "Forbearing", have been mentioned at the end of this verse not to hint that breach of these injunctions would find God Forgiving and Forbearing but that the exigencies of the circumstances required stricter laws in this matter, but as God knows human weaknesses, He has been lenient in this respect. So whatever commandment has now been given, must be faithfully followed and all lapse be honestly guarded against.

4:26; 5:6.

4:5; 60:11.

Important Words:

المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).

مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).

اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.

استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.

ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.

Commentary:

The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.

It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.

The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."

According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.

Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).

On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.

Commentary:

Whereas the preceding verse spoke of the Prayer in time of fear in the case of individuals, the present one gives the details of the manner of its performance when the Faithful are in the form of a company or group and the Prayer is to be performed in congregation. Apparently the Holy Prophet alone seems to have been addressed here, but really the verse possesses general application. When a Muslim army is about to say their Prayer in congregation, half of them should say the Prayer with the Imam, carrying their arms, and the other half should stand facing the enemy, to fight him or repulse his attack, as the case may be. When the first half have finished one Rak‘at, they should retire to take the place of those who are facing the enemy. The latter should then come forward and say one Rak‘at with the Imam.

As many as eleven different ways in which these Prayers were said on different occasions are described in the Hadith(for details see Al-Bahrul-Muhit). In some cases, each of the two parties said only one Rak‘at of Prayer, while the Imam said two. In other cases, each of the parties said two Rak‘at, one Rak‘at with the Imam and the other alone, thus all saying two Rak‘at. On yet other occasions each of the two parties said two rak‘at of Prayer with the Imam, the Imam himself having said four Rak‘at—two Rak‘at with each party. These different methods were observed in different circumstances. If the danger was great, each of the parties said only one Rak‘at of Prayer with the Imam while the Imam himself said two; but if the danger was not so great, each party said two Rak‘ats while the Imam said four. Again, methods varied with the varying position of the army. If the enemy, for instance, was in front of the Imam, the congregation followed a method different from that which they followed on other occasions.

To sum up, whereas Prayer in a state of simple journey consists of two Rak‘ats in such Prayers as ordinarily consist of four Rak‘ats, the Prayer in time of fear may assume different forms, the more important being:

(a) Splitting up the worshippers into two parties, each party either saying one part of its Prayer with the Imam and then retiring, or saying one part of its Prayer with the Imam and the other part separately, the number of Rak‘ats performed by the worshippers being either one or two as the case may be (the present verse);

(b) Shortening the duration of Prayers only (the preceding verse);

(c) Doing away with all form and repeating the words of Prayer while walking, running or riding (2:240).

The verse observes a difference between: اسلحة (arms) and حذر (means of defence or simply precautions). Whereas the former may be put aside in moments of comparative security, the latter should always be adhered to and never neglected. See also 4:72.

4:5, 25.

2:222.

Commentary:

Here is a testimony to the irresistible appeal of the Message of Islam. At a time when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse under comment refers to such refugee Muslim women. The verse also constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere, and honest in her faith and that she was accepting Islam out of no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her dis-believing husband becomes dissolved when she joins the Muslim Community, and a believer is allowed to marry such a woman, provided he fulfils two conditions: (a) He should have paid back to the disbelieving husband of such woman what the latter had spent on her, and (b) he should also have fixed or paid her dowry. Similarly, the marriage-tie between a Muslim and his wife who gives up Islam could not continue and the same procedure would be adopted if such an apostate woman marries a disbeliever as in the case of marriage between a Muslim and a refugee believing woman. The reciprocal arrangement prescribed in this verse is not the private affair of the individuals concerned but is to be carried out by the State, as is the practice in time of war, to which the verses particularly apply; there could not and should not continue any social relations between individual believers and individual disbelievers.