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Lit., "they have" - the reference being to all married women.
i.e., the promise to live with her in kindness or divorce her with dignity.
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Lit., "except what has come to pass earlier" - i.e., forgiven shall be he who did it before the promulgation of this Qur'anic ordinance or (in the case of a conversion in later times) before one's acceptance of Islam.
See above: iv. 19, n. 527.
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See preceding note.
This Table of Prohibited Degrees agrees in the main with what is usually accepted among all nations, except in minor details. It begins in the last verse (with father's widows or divorcees). The scheme is drawn up on the assumption that the person who proposes to marry is a man: if it is a woman, the same scheme will apply, mutatis mutandis: it will read: "your fathers, sons, brothers," etc.; or you can always read it from the husband's view of relationship, as there must always be a husband in a marriage.
"Mother" includes grandmother (through the father or mother), great grandmother, etc.; "daughter" includes grand-daughter (through son or daughter), greatgrand daughter, etc.; "sister," includes full-sister and half-sister. "Father's sister" includes grandfather's sister, etc., and "mother's sister" includes grandmother's sister, etc.
"Fosterage" or milk-relationships play an important part in Muslim Law, and count like blood-relationships: it would therefore seem that not only foster-mothers and foster-sisters, but foster-mother's sister, etc., all come within the prohibited degrees.
It is generally held that "under your guardianship" is a description, not a condition.
"Sons" includes grandsons.
The bar against two sisters in marriage together applies to aunt and niece together, but not to deceased wife's sister.
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The term muhsanah signifies literally "a woman who is fortified [against unchastity]", and carries three senses: (1) "a married woman", (2) "a chaste woman", and (3) "a free woman". According to almost all the authorities, al-muhsanat denotes in the above context "married women". As for the expression ma malakat aymanukum ("those whom your right hands possess", i.e., "those whom you rightfully possess"), it is often taken to mean female slaves captured in a war in god's cause (see in this connection 8:67 , and the corresponding note). The commentators who choose this meaning hold that such slave-girls can be taken in marriage irrespective of whether they have husbands in the country of their origin or not. However, quite apart from the fundamental differences of opinion, even among the Companions of the Prophet, regarding the legality of such a marriage, some of the most outstanding commentators hold the view that ma malakat aymanukum denotes here "women whom you rightfully possess through wedlock"; thus Razi in his commentary on this verse, and Tabari in one of his alternative explanations (going back to 'Abd Allah ibn 'Abbas, Mujahid, and others). Razi, in particular, points out that the reference to "all married women" (al-muhsanat min an-nisa'), coming as it does after the enumeration of prohibited degrees of relationship, is meant to stress the prohibition of sexual relations with any woman other than one's lawful wife.
Lit., "with your possessions" - i.e., offering them, as the Law demands, an appropriate dower.
Cf. verse {4} of this surah, and the corresponding note.
A man was not allowed to have a relationship with a bondwoman who he had taken captive in war unless he made sure she was not pregnant. This was verified by her having at least one monthly cycle. See footnote for 4:3.
Whom your right hands possess: i.e., captives.
After defining the prohibited degrees, the verse proceeds to say that women other than those specified may be sought in marriage, but even so, not from motives of lust, but in order to promote chastity between the sexes. Marriage in the original Arabic is here described by a word which suggests a fortress (hisn): marriage is, therefore, the fortress of chastity.
As the woman in marriage surrenders her person, so the man also must surrender at least some of his property according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality.
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The phrase lam yastati' tawlan is often taken to mean "he is not in a position to afford", i.e., in the financial sense; but Muhammad 'Abduh very convincingly expresses the view that it applies to all manner of preventive circumstances, be they of a material, personal or social nature (Manar V, 19).
In this context, ma malakat aymanukum (lit., "those whom your right hands possess") denotes women who were captured in a holy war and have subsequently embraced Islam. In the above phrase, the pronoun "you" refers to the community as a whole.
I.e., since all human beings - whatever their outward "social status" - are members of one and the same human family, and are therefore equal to one another in the sight of God (cf. 3:195 ), it is only the strength or weakness of faith which makes one person superior or inferior to another.
Lit., "and not taking unto themselves secret love-companions". This passage lays down in an unequivocal manner that sexual relations with female slaves are permitted only on the basis of marriage, and that in this respect there is no difference between them and free women; consequently, concubinage is ruled out.
The weaker social status of a slave makes her, obviously, more accessible to temptation than a free married woman is presumed to be.
I.e., to those who for one reason or another are unable to marry free women and are, at the same time, not equal to the temptations arising from celibacy. As is made clear in the next sentence, the Qur'an discourages such marriages - obviously with a view to removing a major attraction from the institution of slavery as such, and thus promoting its abolition.
Do not be ashamed to marry a bondwoman since you are all part of the same human family and Allah knows you are doing so to avoid illegal relationships.
A married slave-woman is forbidden from having a relationship with her master.
i.e., fifty lashes.
That is, captives taken in a Jihad: If you seek such a person in marriage, do it from no base motives. Safeguard your faith, and see that she too does believe. In that case, after all, she is of the human brotherhood, and her condition is accidental and redeemable. If the slave bore a child to her master, she would become free.
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An allusion to the genuine religious teachings of the past, which aimed at bringing about a harmony between man's physical nature and the demands of his spirit - a harmony which is destroyed whenever asceticism is postulated as the only possible alternative to licentiousness (see also surah {2}, note [118]). This allusion arises from the discussion of sexual morality in the preceding passages devoted to marital relations.
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Lit., "want you to deviate with a tremendous deviation".
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I.e., to remove, by means of His guidance, all possibility of conflict between man's spirit and his bodily urges, and to show him a way of life in which these two elements of human nature can be harmonized and brought to full fruition.
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If the particle illa preceding the above clause is given its usual meaning of "except" or "unless it be", the phrase ought to be rendered thus: "unless it be [an act of] trade based on mutual agreement". This formulation, however, has baffled many a commentator: for, if taken literally, it would imply that wrongful profits from trading based on mutual agreement are excepted from the general prohibition, "Devour not one another's possessions wrongfully" - a supposition impossible to maintain in view of the ethics postulated by the Qur'an. To obviate this difficulty, most of the commentators express the opinion that the particle illa has in this context the meaning of "but", and that the clause ought to be understood as follows: "but it is lawful for you to profit from one another's possessions by way of legitimate trade based on mutual agreement". However, quite apart from the fact that this interpretation is highly laboured and artificial, it does not explain why "legitimate trade" should have been singled out here as a sole means of lawfully deriving economic benefits from one another - for, as Razi rightly points out in his commentary on this verse, "it is no less lawful to benefit economically through a gift, a bequest, a legal inheritance, alms, a dower, or an indemnity for injuries received: for there are, aside from trade, many ways of acquiring possessions [lawfully]". Why, then, should trade alone have been stressed? - and, moreover, stressed in a context not particularly devoted to matters of trade? A really satisfactory answer to this puzzle can, in my opinion, be obtained only through a linguistic consideration of the particle illa. Apart from its usual connotation of "except" or "unless it be", it has sometimes - as has been pointed out in both Qamus and Mughni - the meaning of the simple conjunction "and" (wa); similarly, if it is preceded by a negative clause, it can be synonymous with "nor" or "and neither" (wa-la): as, for instance, in {27:10-11}, "no fear need the message-bearers have in My Presence, and neither (illa) need he who...", etc. Now if we apply this particular use of illa to the passage under consideration, we arrive at the reading, "nor [shall you do it] by means of trade based on mutual agreement", or simply, "not even by way of trade based on mutual agreement" - whereupon the meaning immediately becomes obvious: the believers are prohibited from devouring another person's possessions wrongfully even if that other person - being the weaker party - agrees to such a deprivation or exploitation under the stress of circumstances. The reading adopted by me logically connects, moreover, with verse {32}, which admonishes the believers not to covet one another's possessions.
Let me paraphrase this verse, for there is profound meaning in it. (1) All your property you hold in trust, whether it is in your name, or belongs to the community, or to people over whom you have control. To waste is wrong. (2) In ii. 188 the same phrase occurred, to caution us against greed. Here it occurs, to encourage us to increase property by economic use (traffic and trade), recalling Christ's parable of the Talents (Matt. xxv. 14-30), where the servants who had increased their master's wealth were promoted and the servant who had hoarded was cast into darkness. (3) We are warned that our waste may mean our own destruction ("nor kill or destroy yourselves.") But there is a more general meaning also: we must be careful of our own and other people's lives. We must commit no violence. This is the opposite of "trade and traffic by mutual good-will." (4) Our violence to our own brethren is particularly preposterous, seeing that Allah has loved and showered His mercies on us and all His creatures.
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Lit., "by way of [deliberate] transgression and wrongdoing" ('udwanan wa-zulman).
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I.e., paradise. However, according to some of the commentators, the expression mudkhal denotes not the place but the manner of "entering" (Razi) - in which case the above phrase may be rendered thus: "We shall cause you to enter [upon your afterlife] in a state of glory".
i.e., Paradise.
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Men and women have gifts from Allah-some greater than others. They seem unequal, but we are assured that Allah has allotted them by a scheme by which people receive what they earn. If this does not appear clear in our sight, let us remember that we have no full knowledge but Allah has. We must not be jealous if other people have more than we have-in wealth or position or strength or honour or talent or happiness. Probably things are equalized in the aggregate or in the long run, or equated to needs and merits on a scale which we cannot appraise. If we want more, instead of being jealous or covetous, we should pray to Allah and place before Him our needs. Though He knows all, and has no need of our prayer, our prayer may reveal to ourselves our shortcomings and enable us to deserve more of Allah's bounty or make ourselves fit for it.
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I.e., wives and husbands (Abu Muslim, as quoted by Razi).
This pledge was a common practice before Islam between friends and allies—taking oaths to inherit each other. This practice came to an end with the revelation of verse 8:75 of the Quran. Although friends and allies do not have a share in inheritance anymore, they still can get some of the estate through bequest.
Mawali, plural of Maula; from the root wala, to be near in place or relationship, to follow, Maula may therefore mean: (1) nearly related, (2) heir, (3) sharer or partner; these three meanings are implied here; (4) neighbour, or friend, or protector, or client (xliv. 44); (5) lord or master (xvi. 76).
When the emigration took place from Makkah to Madinah, bonds and links of brotherhood were established between the Emigrants and the Helpers, and they shared in each other's inheritance. Later, when the Community was solidly established, and relations with those left behind in Makkah were resumed, the rights of blood-relations in Makkah, and the Helper-brethren in Madinah were both safeguarded. This is the particular meaning. The more general meaning is similar; respect your ties of blood, of neighbourhood, and of friendly compacts and understandings. Be just to all.
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Lit., "more on some of them than on the others". - The expression qawwam is an intensive form of qa'im ("one who is responsible for" or "takes care of" a thing or a person). Thus, qama 'ala 'l-mar'ah signifies "he undertook the maintenance of the woman" or "he maintained her" (see Lane VIII, 2995). The grammatical form qawwam is more comprehensive than qa'im, and combines the concepts of physical maintenance and protection as well as of moral responsibility: and it is because of the last-named factor that I have rendered this phrase as "men shall take full care of women".
Lit., "who guard that which cannot be perceived (al-ghayb) because God has [willed it to be] guarded".
The term nushuz (lit., "rebellion" - here rendered as "ill-will") comprises every kind of deliberate bad behaviour of a wife towards her husband or of a husband towards his wife, including what is nowadays described as "mental cruelty"; with reference to the husband, it also denotes "ill-treatment", in the physical sense, of his wife (cf. verse {128} of this surah). In this context, a wife's "ill-will" implies a deliberate, persistent breach of her marital obligations.
It is evident from many authentic Traditions that the Prophet himself intensely detested the idea of beating one's wife, and said on more than one occasion, "Could any of you beat his wife as he would beat a slave, and then lie with her in the evening?" (Bukhari and Muslim). According to another Tradition, he forbade the beating of any woman with the words, "Never beat God's handmaidens" (Abu Da'ud, Nasa'i, Ibn Majah, Ahmad ibn Hanbal, Ibn Hibban and Hakim, on the authority of Iyas ibn 'Abd Allah; Ibn Hibban, on the authority of 'Abd Allah ibn 'Abbas; and Bayhaqi, on the authority of Umm Kulthum). When the above Qur'an-verse authorizing the beating of a refractory wife was revealed, the Prophet is reported to have said: "I wanted one thing, but God has willed another thing - and what God has willed must be best" (see Manar V, 74). With all this, he stipulated in his sermon on the occasion of the Farewell Pilgrimage, shortly before his death, that beating should be resorted to only if the wife "has become guilty, in an obvious manner, of immoral conduct", and that it should be done "in such a way as not to cause pain (ghayr mubarrih)"; authentic Traditions to this effect are found in Muslim, Tirmidhi, Abu Da'ad, Nasa'i and Ibn Majah. On the basis of these Traditions, all the authorities stress that this "beating", if resorted to at all, should be more or less symbolic - "with a toothbrush, or some such thing" (Tabari, quoting the views of scholars of the earliest times), or even "with a folded handkerchief" (Razi); and some of the greatest Muslim scholars (e.g., Ash-Shafi'i) are of the opinion that it is just barely permissible, and should preferably be avoided: and they justify this opinion by the Prophet's personal feelings with regard to this problem.
i.e., their husbands’ honour and wealth.
Disciplining one’s wife gently is the final resort. The earliest commentators understood that this was to be light enough not to leave a mark, should be done with nothing bigger than a tooth stick, and should not be on the face. Prophet Muḥammad (ﷺ) said to his companions “Do not beat the female servants of Allah.” He said that honourable husbands do not beat their wives, and he himself never hit a woman or a servant. If a woman feels her husband is ill-behaved, then she can get help from her guardian or seek divorce.
Qawwam: one who stands firm in another's business, protects his interests, and looks after his affairs- or it may be, standing firm in his own business, managing affairs, with a steady purpose. Cf. iv. 135.
Or the sentence may be rendered: "and protect (the husband's interests) in his absence, as Allah has protected them." If we take the rendering as in the text, the meaning is: the good wife is obedient and harmonious in her husband's presence, and in his absence guards his reputation and property and her own virtue, as ordained by Allah. If we take the rendering as in the note, we reach the same result in a different way: the good wife, in her husband's absence, remembering how Allah has given her a sheltered position, does everything to justify that position by guarding her own virtue and his reputation and property.
In case of family jars four steps are mentioned, to be taken in that order: (1) perhaps verbal advice or admonition may be sufficient; (2) if not, sex relations may be suspended; (3) if this is not sufficient, some slight physical correction may be administered: but Imam Shafii considers this inadvisable, though permissible, and all authorities are unanimous in deprecating any sort of cruelty, even of the nagging kind, as mentioned in the next clause; (4) if all this fails, a family council is recommended in iv. 35 below.
Temper, nagging, sarcasm, speaking at each other in other people's presence, reverting to past faults which should be forgiven and forgotten,-all this is forbidden. And the reason given is characteristic of Islam. You must live all your life as in the presence of Allah, Who is high above us, but Who watches over us. How petty and contemptible will our little squabbles appear in His presence!
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An excellent plan for settling family disputes, without too much publicity or mud-throwing, or resort to the chicaneries of the law. The Latin countries recognise this plan in their legal systems. It is a pity that Muslims do not resort to it universally, as they should. The arbiters from each family would know the idiosyncracies of both parties, and would be able, with Allah's help to effect a real reconciliation.
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