The appointment of arbitrators in case of estrangement of spouses

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

The appointment of arbitrators in case of estrangement of spouses.

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَـحاً يُوَفِّقِ اللَّهُ بَيْنَهُمَآ إِنَّ اللَّهَ كَانَ عَلِيماً خَبِيراً

(35. If you fear a breach between the two, appoint (two) arbitrators, one from his family and the other from her’s; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower, Well-Acquainted with all things.)

Surah 4 An Nisaa Verse 35

Allah first mentioned the case of rebellion on the part of the wife. He then mentioned the case of estrangement and alienation between the two spouses. Allah said,

(If you fear a breach between the two, appoint (two) arbitrators, one from his family). The Fuqaha’ (scholars of Fiqh) say that when estrangement occurs between the husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs commited between them. If the matter continues or worsens, the judge sends a trustworthy person from the woman’s family and a trustworthy person from the man’s family to meet with them and examine their case to determine whether it is best for them to part or to remain together. Allah gives preference to staying together, and this is why Allah said,

(if they both wish for peace, Allah will cause their reconciliation.) `Ali bin Abi Talhah reported that Ibn `Abbas said, “Allah commands that a righteous man from the husband’s side of the family and the wife’s side of the family are appointed, so that they find out who among the spouses is in the wrong. If the man is in the wrong, they prevent him from his wife, and he pays some restitution. If the wife is in the wrong, she remains with her husband, and he does not pay any restitution. If the arbitrators decide that the marriage should remain intact or be dissolved, then their decision is upheld. If they decide that the marriage remains intact, but one of the spouses disagrees while the other agrees, and one of them dies, then the one who agreed inherits from the other, while the spouse who did not agree does not inherit from the spouse who agreed.” This was collected by Ibn Abi Hatim and Ibn Jarir. Shaykh Abu `Umar bin `Abdul-Barr said, “The scholars agree that when the two arbitrators disagree, then the opinion that dissolves the marriage will not be adopted. They also agree that the decision of the arbitrators is binding, even if the two spouses did not appoint them as agents. This is the case if it is decided that they should stay together, but they disagree whether it is binding or not when they decide for separation.” Then he mentioned that the majority holds the view that the decision is still binding, even if they did not appoint them to make any decision.

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Men are the protectors and maintainers of women

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Men are the protectors and maintainers of women.

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَآءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَآ أَنفَقُواْ مِنْ أَمْوَلِهِمْ فَالصَّـلِحَـتُ قَـنِتَـتٌ حَـفِظَـتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللَّهُ وَاللَّـتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِى الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلاً إِنَّ اللَّهَ كَانَ عَلِيّاً كَبِيراً

(34. Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are Qanitat, and guard in the husband’s absence what Allah orders them to guard. As to those women on whose part you see ill conduct, admonish them, and abandon them in their beds, and beat them, but if they return to obedience, do not seek a means against them. Surely, Allah is Ever Most High, Most Great.)

Surah 4 An Nisaa Verse 34

Tafsir Ibn Kathir

Allah said,

(Men are the protectors and maintainers of women,) meaning, the man is responsible for the woman, and he is her maintainer, caretaker and leader who disciplines her if she deviates.

(because Allah has made one of them to excel the other,) meaning, because men excel over women and are better than them for certain tasks. This is why prophethood was exclusive of men, as well as other important positions of leadership. The Prophet said,

(People who appoint a woman to be their leader, will never achieve success.) Al-Bukhari recorded this Hadith. Such is the case with appointing women as judges or on other positions of leadership.

(and because they spend from their means.) meaning the dowry, expenditures and various expenses that Allah ordained in His Book and the Sunnah of His Messenger for men to spend on women. For these reasons it is suitable that he is appointed her maintainer, just as Allah said,

(But men have a degree (of responsibility) over them).

Qualities of the Righteous Wife.

Allah said,

(Therefore, the righteous) women,

(are Qanitat), obedient to their husbands, as Ibn `Abbas and others stated.

(and guard in the husband’s absence) As-Suddi and others said that it means she protects her honor and her husband’s property when he is absent, and Allah’s statement,

(what Allah orders them to guard.) means, the protected (husband) is the one whom Allah protects. Ibn Jarir recorded that Abu Hurayrah said that the Messenger of Allah said,

(The best women is she who when you look at her, she pleases you, when you command her she obeys you, and when you are absent, she protects her honor and your property.) Then, the Messenger of Allah recited the Ayah,

(Men are the protectors and maintainers of women, ) until its end. Imam Ahmad recorded that `Abdur-Rahman bin ‘Awf said that the Messenger of Allah said,

(If the woman prayed her five daily prayers, fasted her month, protected her chastity and obeyed her husband, she will be told, ‘Enter Paradise from any of its doors you wish.’)

Dealing with the Wife’s Ill-Conduct.

Allah said,

(As to those women on whose part you see ill conduct,) meaning, the woman from whom you see ill conduct with her husband, such as when she acts as if she is above her husband, disobeys him, ignores him, dislikes him, and so forth. When these signs appear in a woman, her husband should advise her and remind her of Allah’s torment if she disobeys him. Indeed, Allah ordered the wife to obey her husband and prohibited her from disobeying him, because of the enormity of his rights and all that he does for her. The Messenger of Allah said,

(If I were to command anyone to prostrate before anyone, I would have commanded the wife to prostrate before her husband, because of the enormity of his right upon her.) Al-Bukhari recorded that Abu Hurayrah said that the Messenger of Allah said,

(If the man asks his wife to come to his bed and she declines, the angels will keep cursing her until the morning.) Muslim recorded it with the wording,

(If the wife goes to sleep while ignoring her husband’s bed, the angels will keep cursing her until the morning.) This is why Allah said,

(As to those women on whose part you see ill conduct, admonish them (first)).  Allah’s statement,

(abandon them in their beds,) `Ali bin Abi Talhah reported that Ibn `Abbas said “The abandonment refers to not having intercourse with her, to lie on her bed with his back to her.” Several others said similarly. As-Suddi, Ad-Dahhak, `Ikrimah, and Ibn `Abbas, in another narration, added, “Not to speak with her or talk to her.” The Sunan and Musnad compilers recorded that Mu`awiyah bin Haydah Al-Qushayri said, “O Allah’s Messenger! What is the right that the wife of one of us has on him” The Prophet said,

(To feed her when you eat, cloth her when you buy clothes for yourself, refrain from striking her face or cursing her, and to not abandon her, except in the house.) Allah’s statement,

(beat them) means, if advice and ignoring her in the bed do not produce the desired results, you are allowed to discipline the wife, without severe beating. Muslim recorded that Jabir said that during the Farewell Hajj, the Prophet said;

(Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat. However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner.) Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe.

When the Wife Obeys Her Husband, Means of Annoyance Against Her are Prohibited.

Allah said,

(but if they return to obedience, seek not against them means (of annoyance),) meaning, when the wife obeys her husband in all that Allah has allowed, then no means of annoyance from the husband are allowed against his wife. Therefore, in this case, the husband does not have the right to beat her or shun her bed. Allah’s statement,

(Surely, Allah is Ever Most High, Most Great.) reminds men that if they transgress against their wives without justification, then Allah, the Ever Most High, Most Great, is their Protector, and He will exert revenge on those who transgress against their wives and deal with them unjustly.

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Heirs and Inheritance

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Heirs and Inheritance.

وَلِكُلٍّ جَعَلْنَا مَوَالِىَ مِمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ إِنَّ اللَّهَ كَانَ عَلَى كُلِّ شَىْءٍ شَهِيداً

(33. And to everyone, We have appointed Mawali of that left by parents and relatives. To those also with whom you have made a pledge (brotherhood), give them their due portion (by wills). Truly, Allah is Ever a Witness over all things.)

Surah 4 An Nisaa Verse 33

Ibn `Abbas, Mujahid, Sa`id bin Jubayr, Abu Salih, Qatadah, Zayd bin Aslam, As-Suddi, Ad-Dahhak, Muqatil bin Hayyan, and others said that Allah’s statement,

(And to everyone, We have appointed Mawali) means, “Heirs.” Ibn `Abbas was also reported to have said that Mawali refers to relatives. Ibn Jarir commented, “The Arabs call the cousin a Mawla.” Ibn Jarir continued, “Allah’s statement,

(of that (property) left by parents and relatives.) means, from what he inherited from his parents and family members. Therefore, the meaning of the Ayah becomes: `To all of you, O people, We appointed relatives (such as children) who will later inherit what you inherited from your own parents and relatives.” Allah’s statement,

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) means, “Those with whom you have a pledge of brotherhood, give them their share of inheritance, thus fulfilling the ratified pledges that you gave them. Allah has witnessed all of you when you gave these pledges and promises.” This practice was followed in the beginning of Islam, but was later on abrogated when Muslims were commanded to fulfill the pledges (brotherhood) they had already given, but to refrain from making any new pledges after that. Al-Bukhari recorded that Ibn `Abbas said,

(And to everyone, We have appointed Mawali) “meaning, heirs;

(To those also with whom you have made a pledge (brotherhood)) When the emigrants came to Al-Madinah, the emigrant would inherit from the Ansari, while the latter’s relatives would not inherit from him because of the bond of brotherhood which the Prophet established between them (the emigrants and the Ansar). When the verse,

(And to everyone We have appointed Mawali) was revealed, it cancelled (the pledge of brotherhood regarding inheritance).” Then he said, “The verse,

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) remained valid for cases of co-operation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one’s will to the person who had the right of inheriting before.”

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Ask Allah, the Generous, the Giving, for His bounty

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Ask Allah, the Generous, the Giving, for His bounty.

وَلاَ تَتَمَنَّوْاْ مَا فَضَّلَ اللَّهُ بِهِ بَعْضَكُمْ عَلَى بَعْضٍ لِّلرِّجَالِ نَصِيبٌ مِّمَّا اكْتَسَبُواْ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا اكْتَسَبْنَ وَاسْأَلُواْ اللَّهَ مِن فَضْلِهِ إِنَّ اللَّهَ كَانَ بِكُلِّ شَىْءٍ عَلِيماً

(32. And wish not for the things in which Allah has made some of you to excel others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned, and ask Allah of His bounty. Surely, Allah is Ever All-Knower of everything.)

Surah 4 An Nisaa Verse 32

Tafsir Ibn Kathir

Imam Ahmad recorded that Umm Salamah said, “O Messenger of Allah! Men go to battle, but we do not go to battle, and we earn one-half of the inheritance (that men get).” Allah sent down,

(And wish not for the things in which Allah has made some of you to excel others). At-Tirmidhi also recorded this Hadith. Allah’s statement,

(For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned,) indicates, according to Ibn Jarir, that each person will earn his wages for his works, a reward if his deeds are good, and punishment if his deeds are evil. It was also reported that this Ayah is talking about inheritance, indicating the fact that each person will get his due share of the inheritance, as Al-Walibi reported from Ibn `Abbas. Allah then directed the servants to what benefits them,

(and ask Allah of His Bounty.)Therefore, the Ayah states, “Do not wish for what other people were endowed with over you, for this is a decision that will come to pass, and wishing does not change its decree. However, ask Me of My favor and I will grant it to you, for I Am Most Generous and Most Giving.” Allah then said,

(Surely, Allah is Ever All-Knower of everything.) meaning, Allah knows who deserves this life, and so He gives him riches, and whoever deserves poverty, He makes him poor. He also knows who deserves the Hereafter, and He directs him to perform the deeds that will help him to be sucessful in it, and whoever deserves failure, He prevents him from achieving righteousness and what leads to it. Hence, Allah said,

(Surely, Allah is Ever All-Knower of everything).

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Trading is by mutual consent

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Trading is by mutual consent.

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَأْكُلُواْ أَمْوَلَكُمْ بَيْنَكُمْ بِالْبَـطِلِ إِلاَّ أَن تَكُونَ تِجَـرَةً عَن تَرَاضٍ مِّنْكُمْ وَلاَ تَقْتُلُواْ أَنفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيماً

(29. O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent. And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.)

وَمَن يَفْعَلْ ذلِكَ عُدْوَناً وَظُلْماً فَسَوْفَ نُصْلِيهِ نَاراً وَكَانَ ذلِكَ عَلَى اللَّهِ يَسِيراً

(30. And whoever commits that through aggression and injustice, We shall cast him into the Fire, and that is easy for Allah.)

إِن تَجْتَنِبُواْ كَبَآئِرَ مَا تُنهَوْنَ عَنْهُ نُكَفِّرْ عَنْكُمْ سَيِّئَـتِكُمْ وَنُدْخِلْكُمْ مُّدْخَلاً كَرِيماً

(31. If you avoid the great sins which you are forbidden to do, We shall remit from you your (small) sins, and admit you to a Noble Entrance (i.e. Paradise).)

Surah 4 An Nisaa Verse 29-31

Tafsir Ibn Kathir

Prohibiting Unlawfully Earned Money.

Allah, the Exalted and Most Honored, prohibits His believing servants from illegally acquiring each other’s property using various dishonest methods such as Riba, gambling and other wicked methods that appear to be legal, but Allah knows that, in reality, those involved seek to deal in interest. Ibn Jarir recorded that Ibn `Abbas commented on a man who buys a garment, saying that if he likes it he will keep it, or he will return it along with an extra Dirham, “This is what Allah meant, when He said,

(Eat not up your property among yourselves unjustly.”) `Ali bin Abi Talhah reported that Ibn `Abbas said, “When Allah sent down,

(O you who believe! Eat not up your property among yourselves unjustly) some Muslims said, `Allah has forbidden us from eating up each other’s property unjustly, and food is our best property. Therefore, none among us is allowed to eat from anyone else’s food.’ After that Allah sent down,

(There is no restriction on the blind) (until the end of the Ayah). (24:61).”’  Qatadah said similarly. Allah’s statement,

(except it be a trade amongst you, by mutual consent.) means, do not revert to illegal ways and means to acquire money. However, there is no harm in commercial transactions that transpire between the buyer and the seller with mutual consent, so that money is legally earned from these transactions. Mujahid said that,

(except it be a trade amongst you, by mutual consent.) means, “By selling and buying, or giving someone a gift.” Ibn Jarir recorded this statement.

The Option to Buy or Sell Before Parting, is Part of `Mutual Consent’ in Trading.

Mutual agreement in various transactions is attained when both parties have the right to uphold or dissolve the agreement before they part. In the Two Sahihs, it is recorded that the Messenger of Allah said,

(The seller and the buyer retain the (right to change their mind) as long as they have not parted.) Al-Bukhari’s wording for this Hadith reads,

(When two men conduct a transaction, they retain their (right to change their mind) as long as they have not parted.)

Forbidding Murder and Suicide.

Allah said,

(And do not kill yourselves.) by committing Allah’s prohibitions, falling into sin and eating up each other’s property unjustly,

(Surely, Allah is Most Merciful to you.) in what He commanded you and prohibited you from. Imam Ahmad recorded that `Amr bin Al-`As said that when the Prophet sent him for the battle of Dhat As-Salasil, “I had a wet dream during a very cold night and feared that if I bathed, I would die. So I performed Tayammum (with pure earth) and led my company in the Dawn prayer. When I went back to the Messenger of Allah , I mentioned what had happened to me and he said,

(O `Amr! Have you led your people in prayer while you were in a state of sexual impurity) I said, ‘O Messenger of Allah! I had a wet dream on a very cold night and feared that if I bathed I would perish, and I remembered Allah’s statement,

(And do not kill yourselves. Surely, Allah is Most Merciful to you). So I performed Tayammum and prayed.’ The Messenger of Allah smiled and did not say anything.” This is the narration reported by Abu Dawud. Ibn Marduwyah mentioned this honorable Ayah and then reported that Abu Hurayrah said that the Messenger of Allah said,

(Whoever kills himself with an iron tool, then his tool will be in his hand and he will keep stabbing himself with it in the Fire of Jahannam, forever and ever. Whoever kills himself with poison, then his poison will be in his hand and he will keep taking it in the Fire of Jahannam forever and ever. Whoever kills himself by throwing himself from a mountain, will keep falling in the Fire of Jahannam forever and ever.) This Hadith was also collected in the Two Sahihs. Abu Qilabah said that Thabit bin Ad-Dahhak said that the Messenger of Allah said,

(Whoever kills himself with an instrument, will be punished with it on the Day of Resurrection.) This Hadith was collected by the Group. This is why Allah said,

(And whoever commits that through aggression and injustice, ) meaning, whoever commits what Allah has forbidden for him transgression and injustice – while knowing that it is forbidden for him, yet he still dares to commit it,

(We shall cast him into the Fire,). This Ayah carries a stern warning and a truthful promise. Therefore, every sane person should beware of it, those who hear the speech with full comprehension.

Minor Sins Will be Pardoned if One Refrains from Major Sins.

Allah said,

(If you avoid the great sins which you are forbidden to do, We shall remit from you your (small) sins,) meaning, if you avoid the major evil deeds that you were prohibited We will forgive you the minor evil deeds and will admit you into Paradise. This is why Allah said,

(and admit you to a Noble Entrance (i.e. Paradise).) There are several Hadiths on the subject of this honorable Ayah. Imam Ahmad recorded that Salman Al-Farisi said, “The Prophet said to me, `Do you know what the day of Al-Jumu`ah is’ I said, `It is the day during which Allah brought together the creation of your father (Adam).’ He said,

(I know what the day of Jumu`ah is. Anyone who takes a bath and cleans himself as much as he can and then proceeds for the Friday prayer and remains quiet until the Imam finishes the prayer, all his sins in between the present and the next Friday will be forgiven, as long as major sins were avoided.)” Al-Bukhari recorded similar wording from Salman Al-Farisi.

The Seven Destructive Sins.

What are the Seven Destructive Sins In the Two Sahihs, it is recorded that Abu Hurayrah said that the Messenger of Allah said,

(Avoid the seven great destructive sins.) The people inquired, ‘O Allah’s Messenger! What are they’ He said,

(To join others in worship along with Allah, to kill the life which Allah has forbidden except for a just cause, magic, to consume Riba, to consume an orphan’s wealth, to turn away from the enemy and flee from the battlefield when the battle begins, and to accuse chaste women, who never even think of anything that would tarnish their chastity and are good believers.) Another Hadith that mentions False Witness Imam Ahmad recorded that Anas bin Malik said, “The Messenger of Allah mentioned the major sins, or was asked about the major sins. He said,

(Associating others with Allah in worship, killing the life, and being undutiful to the parents.) He then said,

(Should I tell you about the biggest of the major sins The false statement – or the false testimony.)” Shu`bah – one of the narrators of the Hadith – said, “Most likely, in my opinion, he said, `False testimony.”’ The Two Sahihs recorded this Hadith from Shu`bah from Anas. Another Hadith In the Two Sahihs, it is recorded that `Abdur-Rahman bin Abi Bakrah said that his father said, “The Prophet said,

(Should I inform you about the greatest of the great sins) We said, `Yes, O Allah’s Messenger !’ He said,

(To join others in worship with Allah and to be undutiful to one’s parents.)  He was reclining, then he sat up and said;

(And I warn you against false testimony and false speech.) and he continued repeating it until we wished that he would stop.” Another Hadith that mentions killing the Offspring In the Two Sahihs, it is recorded that `Abdullah bin Mas`ud said, “I asked, `O Allah’s Messenger! What is the greatest sin’ ((in one narration) the biggest sin)’ He said,

(To make a rival for Allah while He Alone created you.) I said, `Then’ He said,

(To kill your offspring for fear that he might share your food with you. ) I said, `Then’ He said,

(To commit adultery with your neighbor’s wife.) He then recited,

(And those who invoke not any other god along with Allah), until,

(Except those who repent).” Another Hadith from `Abdullah bin `Amr Imam Ahmad recorded that `Abdullah bin `Amr said that the Prophet said,

(The greatest sins are: To join others in worship with Allah, to be undutiful to one’s parents – or to take a life) Shu`bah was uncertain of which one – (and the false oath). Recorded by Al-Bukhari, At-Tirmidhi, and An-Nasai. Another Hadith by `Abdullah bin `Amr about Causing one’s Parents to be Cursed `Abdullah bin `Amr said that the Messenger of Allah said,

(Among the worst of the major sins is for a man to curse his own parents.) They said, “How can one curse his own parents” He said,

(One curses another man’s father, and that man curses his father in retaliation, or he curses someone’s mother and that man curses his mother.) This is the wording of Muslim. At-Tirmidhi said, “Sahih.” It is recorded in the Sahih that the Messenger of Allah said,

(Cursing a Muslim is a sin and fighting him is Kufr.)

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Man was created weak

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Man was created weak.

وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ وَاللَّهُ أَعْلَمُ بِإِيمَـنِكُمْ بَعْضُكُمْ مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَـت غَيْرَ مُسَـفِحَـتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَـحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِىَ الْعَنَتَ مِنْكُمْ وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللَّهُ غَفُورٌ رَّحِيمٌ

(25. And whoever of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess, and Allah has full knowledge about your faith, you are one from another. Wed them with the permission of their own folk (guardians) and give them their due in a good manner; they should be chaste, not fornicators, nor promiscuous. And after they have been taken in wedlock, if they commit Fahishah, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.)

Surah 4 An Nisaa Verse 25

Tafsir Ibn Kathir

Marrying a Female Slave, if One Cannot Marry a Free Woman.

Allah said, those who do not have,

(the means), financial capability,

(Wherewith to wed free believing women) meaning, free faithful, chaste women.

(They may wed believing girls from among those whom your right hands possess,) meaning, they are allowed to wed believing slave girls owned by the believers.

(and Allah has full knowledge about your faith; you are one from another.) Allah knows the true reality and secrets of all things, but you people know only the apparent things. Allah then said,

(Wed them with the permission of their own folk) indicating that the owner is responsible for the slave girl, and consequently, she cannot marry without his permission. The owner is also responsible for his male slave and they cannot wed without his permission. A Hadith states,

(Any male slave who marries without permission from his master, is a fornicator.) When the owner of the female slave is a female, those who are allowed to give away the free woman in marriage, with her permission, become responsible for giving away her female slave in marriage, as well. A Hadith states that

(The woman does not give away another woman, or herself in marriage, for only the adulteress gives herself away in marriage.) Allah’s statement,

(And give them their due in a good manner;) meaning, pay them their dowry with a good heart, and do not keep any of it, belittling the matter due to the fact that they are owned slaves. Allah’s statement,

(they should be chaste) means, they are honorable women who do not commit adultery, and this is why Allah said,

(not fornicators) referring to dishonorable women, who do not refrain from illicit sexual relations with those who ask. Ibn `Abbas said that the fornicating women are the whores, who do not object to having relations with whomever seeks it, while,

(nor promiscuous. ) refers to taking boyfriends. Similar was said by Abu Hurayrah, Mujahid, Ash-Sha`bi, Ad-Dahhak, `Ata’ Al-Khurasani, Yahya bin Abi Kathir, Muqatil bin Hayyan and As-Suddi.

The Slave Girl’s Punishment for Adultery is Half that of a Free Unmarried Woman.

Allah said,

(And after they have been taken in wedlock, if they commit Fahishah, their punishment is half of that for free (unmarried) women.) this is about the slave women who got married, as indicated by the Ayah;

(And whoever of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess,) Therefore, since the honorable Ayah is about believing slave girls, then,

(And after they have been taken in wedlock,) refers to when they (believing slave girls) get married, as Ibn `Abbas and others have said. Allah’s statement,

(their punishment is half of that for free (unmarried) women.) indicates that the type of punishment prescribed here is the one that can be reduced to half, lashes in this case, not stoning to death, and Allah knows best. Allah’s statement,

(This is for him among you who is afraid of being harmed in his religion or in his body;) indicates that marrying slave girls, providing one satisfies the required conditions, is for those who fear for their chastity and find it hard to be patient and refrain from sex. In this difficult circumstance, one is allowed to marry a slave girl. However, it is better to refrain from marrying slave girls and to observe patience, for otherwise, the offspring will become slaves to the girl’s master. Allah said,

(but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.)

يُرِيدُ اللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ الَّذِينَ مِن قَبْلِكُمْ وَيَتُوبَ عَلَيْكُمْ وَاللَّهُ عَلِيمٌ حَكِيمٌ

(26. Allah wishes to make clear (what is lawful and what is unlawful) to you, and to show you the ways of those before you, and accept your repentance, and Allah is All-Knower, All-Wise.)

– وَاللَّهُ يُرِيدُ أَن يَتُوبَ عَلَيْكُمْ وَيُرِيدُ الَّذِينَ يَتَّبِعُونَ الشَّهَوَتِ أَن تَمِيلُواْ مَيْلاً عَظِيماً

(27. Allah wishes to accept your repentance, but those who follow their lusts, wish that you (believers) should deviate tremendously away (from the right path))

يُرِيدُ اللَّهُ أَن يُخَفِّفَ عَنْكُمْ وَخُلِقَ الإِنسَـنُ ضَعِيفاً

(28. Allah wishes to lighten (the burden) for you; and man was created weak. )

Surah 4 An Nisaa Verse 26-28

Tafsir Ibn Kathir

Allah explains to the believers what He has allowed and prohibited for them in this and other Surahs,

(And to show you the ways of those before you,) meaning their righteous ways and how to adhere to the commandments that He likes and is pleased with.

(and accept your repentance) from sin and error,

(and Allah is All-Knower, All-Wise.) in His commands, decrees, actions and statements. Allah’s statement,

(but those who follow their lusts, wish that you (believers) should deviate tremendously away from the right path)) indicates that the followers of Shaytan among the Jews, Christians and the adulterous, wish that you would take the horrendous path of falsehood instead of the truth.

(Allah wishes to lighten (the burden) for you”) His legislation, orders, what He prohibits and what He decrees for you. This is why Allah has allowed free men to marry slave girls under certain conditions, as Mujahid and others have stated.

(and man was created weak.) and this is why it is suitable in his case that the commands are made easy for him, because of his weakness and feebleness. Ibn Abi Hatim recorded that Tawus said that,

(and man was created weak), “Concerning women”. Waki` said, “Man’s mind leaves when women are involved.”

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Forbidden for Marriage

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Forbidden for Marriage.

وَالْمُحْصَنَـتُ مِنَ النِّسَآءِ إِلاَّ مَا مَلَكْتَ أَيْمَـنُكُمْ كِتَـبَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَّا وَرَاءَ ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَلِكُمْ مُّحْصِنِينَ غَيْرَ مُسَـفِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً

(24. Also (forbidden are) women already married, except those (slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them (with a dowry) from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.)

Surah 4 An Nisaa Verse 24

Tafsir Ibn Kathir

Allah said,

(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married,

(except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, “We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed,

(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women.” This is the wording collected by At-Tirmidhi An-Nasa’i, Ibn Jarir and Muslim in his Sahih. Allah’s statement,

(Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah’s Book, do not transgress His set limits, and adhere to His legislation and decrees.

The Permission to Marry All Other Women.

Allah said,

(All others are lawful) meaning, you are allowed to marry women other than the prohibited types mentioned here, as `Ata’ and others have stated. Allah’s statement,

(provided you seek them (with a dowry) from your property, desiring chastity, not fornication,) meaning, you are allowed to use your money to marry up to four wives and for (the purchase of) as many female slaves as you like, all through legal means,

((desiring) chastity, not fornication.) Allah’s statement,

(So with those among them whom you have enjoyed, give them their required due,) means, to enjoy them sexually, surrender to them their rightful dowry as compensation. In other Ayat, Allah said,

(And how could you take it (back) while you have gone in unto each other),

(And give to the women (whom you marry) their dowry with a good heart), and,

(And it is not lawful for you (men) to take back (from your wives) any of what (dowry) you gave them)

Prohibiting the Mut`ah of Marriage.

Mujahid stated that,

(So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut`ah marriage. A Mut`ah marriage is a marriage that ends upon a predeterminied date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, “The Messenger of Allah prohibited Mut`ah marriage and eating the meat of domesticated donkeys on the day of Khaybar (battle).” In addition, in his Sahih, Muslim recorded that Ar-Rabi` bin Sabrah bin Ma`bad Al-Juhani said that his father said that he accompanied the Messenger of Allah during the conquest of Makkah, and that the Prophet said,

(O people! I allowed you the Mut`ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut`ah, let him let them go, and do not take anything from what you have given them.) Allah’s statement,

(but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement,

(And give to the women their dowry with a good heart). The meaning of these Ayat is: If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case. Ibn Jarir said, “Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined).” meaning, if she gives up part of the dowry, then you men are allowed to accept that. Allah’s statement,

(Surely, Allah is Ever All-Knowing, All-Wise.) is suitable here, after Allah mentioned these prohibitions.

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Those whom a man is forbidden to marry

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Those whom a man is forbidden to marry.

حُرِّمَتْ عَلَيْكُمْ أُمَّهَـتُكُمْ وَبَنَـتُكُمْ وَأَخَوَتُكُمْ وَعَمَّـتُكُمْ وَخَـلَـتُكُمْ وَبَنَاتُ الاٌّخِ وَبَنَاتُ الاٍّخْتِ وَأُمَّهَـتُكُمُ الْلاَّتِى أَرْضَعْنَكُمْ وَأَخَوَتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَـتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللَّـتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّـتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلَـئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَـبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الاٍّخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللَّهَ كَانَ غَفُوراً رَّحِيماً

(23. Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your foster mothers who suckled you, your foster milk suckling sisters, your wives’ mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in — but there is no sin on you if you have not gone in unto them (to marry their daughters), — the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft- Forgiving, Most Merciful.)

Surah 4 An Nisaa Verse 23

Tafsir Ibn Kathir

This honorable Ayah is the Ayah that establishes the degrees of women relatives who are never eligible for one to marry, because of blood relations, relations established by suckling or marriage. Ibn Abi Hatim recorded that Ibn `Abbas said, “(Allah said) I have prohibited for you seven types of relatives by blood and seven by marriage.” Ibn `Abbas then recited the Ayah,

(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters…) At-Tabari recorded that Ibn `Abbas said, “Seven degrees of blood relation and seven degrees of marriage relation are prohibited (for marriage).” He then recited the Ayah,

(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters) and these are the types prohibited by blood relation.” Allah’s statement,

(Your foster mothers who suckled you, your foster milk suckling sisters) means, just as your mother who bore you is prohibited for you in marriage, so is your mother from suckling prohibited for you. Al-Bukhari and Muslim recorded that `A’ishah, the Mother of the Faithful, said that the Messenger of Allah said,

(Suckling prohibits what birth prohibits.) In another narration reported by Muslim,

(Suckling establishes prohibited degrees just as blood does.)

`Suckling’ that Establishes Prohibition for Marriage.

Less than five incidents of suckling will not establish prohibition for marriage. In his Sahih, Muslim recorded that `A’ishah said, “Among the parts of the Qur’an that were revealed, is the statement, `Ten incidents of suckling establishes the prohibition (concerning marriage).’ It was later abrogated with five, and the Messenger of Allah died while this statement was still recited as part of the Qur’an.”’ A Hadith that Sahlah bint Suhayl narrated states that the Messenger of Allah ordered her to suckle Salim the freed slave of Abu Hudhayfah with five.” We should assert that the suckling mentioned here must occur before the age of two, as we stated when we explained the Ayah in Surat Al-Baqarah,

((The mothers) should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling) (2:233). The Mother-in-Law and Stepdaughter are Prohibited in Marriage Allah said next,

(Your wives’ mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in – but there is no sin on you if you have not gone in unto them,) As for the mother of the wife, she becomes prohibited for marriage for her son-in-law when the marriage is conducted, whether the son-in-law has sexual relations with her daughter or not. As for the wife’s daughter, she becomes prohibited for her stepfather when he has sexual relations with her mother, after the marriage contract is ratified. If the man divorces the mother before having sexual relations with her, he is allowed to marry her daughter. So Allah said;

(Your stepdaughters under your guardianship, born of your wives unto whom you have gone in — but there is no sin on you if you have not gone in unto them,) to marry the stepdaughter.

The Stepdaughter is Prohibited in Marriage Even if She Was Not Under the Guardianship of Her Stepfather.

Allah said,

(…your stepdaughters under your guardianship,) The majority of scholars state that the stepdaughter is prohibited in marriage for her stepfather (who consummated his marriage to her mother) whether she was under his guardianship or not. The Two Sahih recorded that Umm Habibah said, “O Messenger of Allah! Marry my sister, the daughter of Abu Sufyan (and in one narration `Azzah bint Abu Sufyan).” He said,

(“Do you like that I do that” She said, “I would not give you up for anything, but the best of whom I like to share with me in that which is righteously good, is my sister.” He said, “That is not allowed for me.” She said, “We were told that you want to marry the daughter of Abu Salamah.” He asked, “The daughter of Umm Salamah” She said, “Yes.” He said, “Even if she was not my stepdaughter and under my guardianship, she is still not allowed for me because she is my niece from suckling, for Thuwaybah suckled me and Abu Salamah. Therefore, do not offer me to marry your daughters or sisters. ”) In another narration from Al-Bukhari,

(Had I not married Umm Salamah, her daughter would not have been allowed for me anyway.) Consequently, the Messenger stated that his marriage to Umm Salamah was the real reason behind that prohibition.

Meaning of `gone in unto them.

The Ayah continues,

(Your wives unto whom you have gone in), meaning, had sexual relations with them, according to Ibn `Abbas and several others.

Prohibiting the Daughter-in-Law for Marriage.

Allah said,

(The wives of your sons who (spring) from your own loins,) Therefore, you are prohibited to marry the wives of your own sons, but not the wives of your adopted sons, as adoption was common practice in Jahiliyyah. Allah said,

(So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they had divorced them).) (33:37) Ibn Jurayj said, “I asked `Ata’ about Allah’s statement,

(The wives of your sons who (spring) from your own loins,) He said, `We were told that when the Prophet married the ex-wife of Zayd (who was the Prophet’s adopted son before Islam prohibited this practice), the idolators in Makkah criticized him. Allah sent down the Ayat:

(The wives of your sons who (spring) from your own loins),

(nor has He made your adopted sons your real sons.) (33:4), and,

(Muhammad is not the father of any of your men) (33:40).”’ Ibn Abi Hatim recorded that Al-Hasan bin Muhammad said, “These Ayat are encompassing,

(the wives of your sons), and,

(your wives’ mothers). This is also the explanation of Tawus, Ibrahim, Az-Zuhri and Makhul. It means that these two Ayat encompass these types of women, whether the marriage was consummated or not, and there is a consensus on this ruling.

A Doubt and Rebuttal.

Why is the wife of one’s son from suckling prohibited for him for marriage – that is, if she is no longer married to his son from suckling – as the majority of scholars state, although they are not related by blood The answer is the Prophet’s statement,

(Suckling prohibits what blood relations prohibit.)

The Prohibition of Taking Two Sisters as Rival Wives.

Allah said,

(…and two sisters in wedlock at the same time, except for what has already passed;) The Ayah commands: you are prohibited to take two sisters as rival wives, or rival female-servants, except for what had happened to you during the time of Jahiliyyah, which We have forgiven and erased. Therefore, no one is allowed to take or keep two sisters as rival wives, according to the consensus of the scholars of the Companions, their followers, and the Imams of old and present. They all stated that taking two sisters as rival wives is prohibited, and that whoever embraces Islam while married to two sisters at the same time is given the choice to keep one of them and divorce the other. Imam Ahmad recorded that Ad-Dahhak bin Fayruz said that his father said, “I embraced Islam while married to two sisters at the same time and the Prophet commanded me to divorce one of them.”

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The men are commanded to live honorably with the women they marry

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

The men are commanded to live honorably with the women they marry.

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئاً وَيَجْعَلَ اللَّهُ فِيهِ خَيْراً كَثِيراً

(19. O you who believe! You are not permitted to inherit women against their will, nor to prevent them from marriage in order to get part of (the dowry) what you have given them, unless they commit open Fahishah. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.)

وَإِنْ أَرَدْتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَاهُنَّ قِنْطَاراً فَلاَ تَأْخُذُواْ مِنْهُ شَيْئاً أَتَأْخُذُونَهُ بُهْتَـناً وَإِثْماً مُّبِيناً

(20. But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin)

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَـقاً غَلِيظاً

(21. And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant)

وَلاَ تَنكِحُواْ مَا نَكَحَ ءَابَاؤُكُمْ مِّنَ النِّسَآءِ إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَـحِشَةً وَمَقْتاً وَسَآءَ سَبِيلاً

(22. And marry not women whom your fathers married, except what has already passed; indeed it was shameful and Maqtan, and an evil way.)

Surah 4 An Nisaa Verse 19-22

Tafsir Ibn Kathir

Meaning of `Inheriting Women Against Their Will.

Al-Bukhari recorded that Ibn `Abbas said about the Ayah,

(O you who believe! You are not permitted to inherit women against their will,) “Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,

(O you who believe! You are not permitted to inherit women against their will).”

Women Should not Be Treated with Harshness.

Allah said,

(nor to prevent them from marriage, in order to take part of what you have given them,) Allah commands: Do not treat the woman harshly so that she gives back all or part of the dowry that she was given, or forfeits one of her rights by means of coercion and oppression. Allah’s statement,

(unless they commit open Fahishah.) Ibn Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa`id bin Jubayr, Mujahid, `Ikrimah, `Ata’ Al-Khurasani, Ad-Dahhak, Abu Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa`id bin Abi Hilal said that this refers to illicit sex. Meaning that if the wife commits adultery, you are allowed to take back the dowry you gave her. You are also allowed to annoy her, until she gives back the dowry in return for a Khula`.” In Surat Al-Baqarah, Allah said,

(And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah) (2:229). Ibn `Abbas, `Ikrimah and Ad-Dahhak said that Fahishah refers to disobedience and defiance. Ibn Jarir chose the view that it is general, encompasses all these meanings, adultery, disobedience, defiance, rudeness, and so forth. Meaning that he is allowed to annoy his wife when she does any of these acts until she forfeits all or part of her rights and he then separates from her, and this (view) is good, and Allah knows best.

Live With Women Honorably.

Allah said,

(And live with them honorably), by saying kind words to them, treating them kindly and making your appearance appealing for them, as much as you can, just as you like the same from them. Allah said in another Ayah,

(And they have rights similar over them to what is reasonable) (2:228). The Messenger of Allah said,

(The best among you is he who is the best with his family. Verily, I am the best one among you with my family.) It was the practice of the Messenger of Allah to be kind, cheerful, playful with his wives, compassionate, spending on them and laughing with them. The Messenger used to race with `A’ishah, the Mother of the Faithful, as a means of kindness to her. `A’ishah said, “The Messenger of Allah raced with me and I won the race. This occurred before I gained weight, and afterwards I raced with him again, and he won that race. He said,

(This (victory ) is for that (victory).)” When the Prophet was at the home of one of his wives, sometimes all of his wives would meet there and eat together, and they would then go back to their homes. He and his wife would sleep in the same bed, he would remove his upper garment, sleeping in only his lower garment. The Prophet used to talk to the wife whose night it was, after praying `Isha’ and before he went to sleep. Allah said,

(Indeed in the Messenger of Allah you have a good example to follow) (33:21).  Allah said,

(If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.) Allah says that your patience, which is demonstrated by keeping wives whom you dislike, carries good rewards for you in this life and the Hereafter. Ibn `Abbas commented on this Ayah, “That the husband may feel compassion towards his wife and Allah gives him a child with her, and this child carries tremendous goodness.” An authentic Hadith states,

(No believing man should hate his believing wife. If he dislikes a part of her conduct, he would surely like another.)

The Prohibition of Taking Back the Dowry.

Allah said,

(But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin) The Ayah commands: When one of you wants to divorce a wife and marry another one, he must not take any portion of the dowry he gave to the first wife, even if it were a Qintar of money. We mentioned the meaning of Qintar in the Tafsir of Surah Al `Imran. This Ayah is clear in its indication that the dowry could be substantial. `Umar bin Al-Khattab used to discourage giving a large dowry, but later on changed his view. Imam Ahmad recorded that Abu Al-`Ajfa’ As-Sulami said that he heard `Umar bin Al-Khattab saying, “Do not exaggerate with the dowry of women, had this practice been an honor in this world or a part of Taqwa, then the Prophet would have had more right to practice it than you. The Messenger of Allah never gave any of his wives, nor did any of his daughters receive a dowry more than twelve Uwqiyah. A man used to pay a substantial dowry and thus conceal enmity towards his wife!” Ahmad and the collectors of Sunan collected this Hadith through various chains of narration, and At-Tirmidhi said, “Hasan Sahih”. Al-Hafiz Abu Ya`la recorded that Masruq said, “`Umar bin Al-Khattab stood up on the Minbar of the Messenger of Allah and said, `O people! Why do you exaggerate concerning the dowry given to women The Messenger of Allah and his Companions used to pay up to four hundred Dirhams for a dowry, or less than that. Had paying more for a dowry been a part of Taqwa or an honor, you would not have led them in this practice. Therefore, I do not want to hear about a man who pays more than four hundred Dirhams for a dowry.’ He then went down the Minbar, but a woman from Quraysh said to him, `O Leader of the Faithful! You prohibited people from paying more than four hundred Dirhams in a dowry for women’ He said, `Yes.’ She said, `Have you not heard what Allah sent down in the Qur’an’ He said, `Which part of it’ She said, `Have you not heard Allah’s statement,

(And you have given one of them a Qintar)’ He said, `O Allah! Forgive me…’ He then went back and stood up on the Minbar saying, `I had prohibited you from paying more than four hundred Dirhams in a dowry for women. So, let everyone pay what he likes from his money.”’ The chain of narration for this Hadith is strong.

(And how could you take it (back) while you have gone in unto each other) how can you take back the dowry from the woman with whom you had sexual relations and she had sexual relations with you Ibn `Abbas, Mujahid, As-Suddi and several others said that this means sexual intercourse. The Two Sahihs record that the Messenger of Allah said three times to the spouses who said the Mula`anah;

(Allah knows that one of you is a liar, so would any of you repent ) The man said, “O Messenger of Allah! My money,” referring to the dowry that he gave his wife. The Messenger said,

(You have no money. If you are the one who said the truth, the dowry is in return for the right to have sexual intercourse with her. If you are the one who uttered the lie, then this money is even farther from your reach.) Similarly Allah said;

(And how could you take it (back) while you have gone in unto each other and they have taken from you a firm and strong covenant) (Be kind with women, for you have taken them by Allah’s covenant and earned the right to have sexual relations with them by Allah’s Word.)

Marrying the Wife of the Father is Prohibited.

Allah said,

(And marry not women whom your fathers married,) Allah prohibits marrying the women whom the father married, in honor and respect to the fathers, not allowing their children to have sexual relations with their wives after they die. A woman becomes ineligible for the son of her husband as soon as the marriage contract is conducted, and there is a consensus on this ruling. Ibn Jarir recorded that Ibn `Abbas said, “During the time of Jahiliyyah, the people used to prohibit what Allah prohibits (concerning marriage), except marrying the stepmother and taking two sisters as rival wives. Allah sent down,

(And marry not women whom your fathers married,) and,

(and two sisters in wedlock at the same time) (4:23).” Similar was reported from `Ata’ and Qatadah. Therefore, the practice that the Ayah mentions is prohibited for this Ummah, being disgraced as an awful sin,

(Indeed it was shameful and Maqtan, and an evil way.) Allah said in other Ayat,

(Come not near to Al-Fawahish (shameful acts) whether committed openly or secretly) (6:151), and,

(And come not near to unlawful sex. Verily, it is a Fahishah and an evil way.) (17:32) In this Ayah (4:22), Allah added,

(and Maqtan), meaning, offensive. It is a sin itself and causes the son to hate his father after he marries his wife. It is usual that whoever marries a woman dislikes those who married her before him. This is one reason why the Mothers of the Faithful were not allowed for anyone in marriage after the Messenger . They are indeed the Mothers of the Faithful since they married the Messenger , who is like the father to the believers. Rather, the Prophet’s right is far greater than the right of a father, and his love comes before each person loving himself, may Allah’s peace and blessings be on him. `Ata’ bin Abi Rabah said that the Ayah,

(and Maqtan), means, Allah will hate him,

(and an evil way), for those who take this way. Therefore, those who commit this practice will have committed an act of reversion from the religion and deserve capital punishment and confiscation of their property, which will be given to the Muslim Treasury. Imam Ahmad and the collectors of Sunan recorded that Al-Bara’ bin `Azib said that his uncle Abu Burdah was sent by the Messenger of Allah to a man who married his stepmother to execute him and confiscate his money.

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Repentance is accepted until one faces death

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Repentance is accepted until one faces death.

إِنَّمَا التَّوْبَةُ عَلَى اللَّهِ لِلَّذِينَ يَعْمَلُونَ السُّوءَ بِجَهَـلَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُوْلَـئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيماً حَكِيماً

(17. Allah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon (afterwards); it is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise.)

وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَـتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّى تُبْتُ الاٌّنَ وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُوْلَـئِكَ أَعْتَدْنَا لَهُمْ عَذَاباً أَلِيماً

(18. And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: “Now I repent;” nor of those who die while they are disbelievers. For them, We have prepared a painful torment.)

Surah 4 An Nisaa Verse 17-18

Tafsir Ibn Kathir

Allah states that He accepts repentance of the servant who commits an error in ignorance and then repents, even just before he sees the angel who captures the soul, before his soul reaches his throat. Mujahid and others said, “Every person who disobeys Allah by mistake, or intentionally is ignorant, until he refrains from the sin.” Qatadah said that Abu Al-`Aliyah narrated that the Companions of the Messenger of Allah used to say, “Every sin that the servant commits, he commits out of ignorance.” `Abdur-Razzaq narrated that, Ma`mar said that Qatadah said that, the Companions of the Messenger of Allah agreed that every sin that is committed by intention or otherwise, is committed in ignorance.” Ibn Jurayj said, “Abdullah bin Kathir narrated to me that Mujahid said, `Every person who disobeys Allah (even willfully), is ignorant while committing the act of disobedience.”’ Ibn Jurayj said, “`Ata’ bin Abi Rabah told me something similar.” Abu Salih said that Ibn `Abbas commented, “It is because of one’s ignorance that he commits the error.” `Ali bin Abi Talhah reported that Ibn `Abbas said about the Ayah,

(and repent soon (afterwards)), “Until just before he (or she) looks at the angel of death.” Ad-Dahhak said, “Every thing before death is `soon (afterwards).”’ Al-Hasan Al-Basri said about the Ayah,

(and repent soon afterwards), “Just before his last breath leaves his throat.” `Ikrimah said, “All of this life is `soon (afterwards).”’ Imam Ahmad recorded that Ibn `Umar said that the Messenger said,

(Allah accepts the repentance of the servant as long as the soul does not reach the throat.) This Hadith was also collected by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, “Hasan Gharib”. By mistake, Ibn Majah mentioned that this Hadith was narrated through `Abdullah bin `Amr. However, what is correct is that `Abdullah bin `Umar bin Al-Khattab was the narrator. Allah said,

(It is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise.) Surely, when hope in continued living diminishes, the angel of death comes forth and the soul reaches the throat, approaches the chest and arrives at the state where it is being gradually pulled out, then there is no accepted repentance, nor a way out of that certain end. Hence Allah’s statements,

(And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: “Now I repent,”) and,

(So when they saw Our punishment, they said: “We believe in Allah Alone…”) (40:84) Allah decided that repentance shall not be accepted from the people of the earth when the sun rises from the west, as Allah said,

(The day that some of the signs of your Lord do come, no good will it do to a person to believe then, if he believed not before, nor earned good through his faith.) (6:158). Allah said,

(nor of those who die while they are disbelievers.) Consequently, when the disbeliever dies while still a disbeliever and polytheist, his sorrow and repentance shall not avail him. If he were to ransom himself, even with the earth’s fill of gold, it will not be accepted from him. Ibn `Abbas, Abu Al-`Aliyah and Ar-Rabi` bin Anas said that the Ayah:

(nor of those who die while they are disbelievers), was revealed about the people of Shirk. Imam Ahmad recorded that Usamah bin Salman said that Abu Dharr said that the Messenger of Allah said,

(Allah accepts the repentance of His servant, or forgives His servant, as long as the veil does not drop.) They asked, “And what does the drop of the veil mean ” He said,

(When the soul is removed while one is a polythiest.) Allah then said,

(For them We have prepared a painful torment), torment that is severe, eternal and enormous.

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