فَرِيضَةً

Important Words:

متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).

المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).

Commentary:

Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.

Important Words:

یعفو (should remit) is derived from عفا meaning: (1) he gave more than what was due; or (2) he relinquished his right or remitted it in whole or in part (Taj). See also 2:220.

Commentary:

If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry. The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman also holds it in his hands. In the former case, the word یعفو would mean that the husband should try to give more than half the dowry, or if he has already paid the whole dowry, he should try not to demand its return. If, however, the clause, he in whose hand is the tie of marriage, be considered to apply to the guardian of the divorced woman, the word یعفو would mean that he should try to remit or relinquish her right, i.e. he should, so far as possible, strive to give up, even that which he is entitled to receive on behalf of the divorced woman. But God certainly prefers that the husband should make a greater show of generosity.

This is how each party is exhorted to vie with the other in acting generously toward the other, the husband by paying more than what is obligatory on him, and the wife or her guardian by relinquishing what is due to her. If people truly inculcated such a spirit of sacrifice, the earth would indeed become a heaven.

The expression, And that you should remit is nearer to righteousness, applies to the husband particularly; but it may, in its broader significance, apply to all__husbands, wives and guardians.

4:177.

Important Words:

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

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

Commentary:

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

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

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

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

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

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

4:26; 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.

Important Words:

صدقات (alms) is the plural of and here signifies Zakah. See also 4:5.

الفقراء (the poor) is the plural of فقیر which is derived from) فقر (faqara) which means, he dug the ground or he dug a well to draw forth water; or he bored or perforated beads, etc. فقر البعیر means, he made an incision in the nose of the camel to render it tractable. فقرہ also means, he broke the فقار or vertebrae of his back. فقر (faqura) or فقر (faqira) or افتقرmeans, he was or became poor or needy. فقر (faqrun) means, poverty, want or need; the state of a man when he has only what suffices for his household. فقیر means, poor or needy; one having only what suffices for his household; one who has only a bare sufficiency of food; one who is crippled by disease; one who has no trade or has only a mean trade. The word (one who possesses only what is barely sufficient) differs from مسکین (for which see below) which means, one who possesses nothing, altogether destitute. Some authorities however differ from this view (Lane). See also 2:269.

المساکین (the needy) is the plural of مسکین which is derived from سکن which means, he or it was or became still, motionless or stationary or quiet or clam. مسکین means, lowly, humble or submissive; low, abject or in a state of humiliation; weak, subdued or suppressed; poor; destitute, i.e. possessing nothing; or possessing somewhat; rendered by poverty to have little power of motion. Authorities differ as to who is in a worse condition—فقیر or مسکین (Lane).

Commentary:

In the previous verse reference was made to the displeasure of the hypocrites if they were not given a share in the Zakah. The present verse defines the objects for which Zakah is to be spent and these, as the verse explains, are eight in number.

The first-mentioned class, i.e. فقراء (the poor), signifies those broken or perforated with poverty or disease, whereas, the second-mentioned class, i.e. مساکین (the needy) signifies those rendered motionless through want of means, e.g. the unemployed, or those possessing the ability to work but lacking the means thereof.

The words, those employed in connection therewith, signify those who are employed in collecting Zakah, or in keeping an account thereof or in the performance of any other duty connected therewith.

The words, whose hearts are to be reconciled, mean those whose hearts are sincerely inclined towards Islam but who, owing to their having become disconnected with their former society, stand in need of monetary help. The term extends to new converts also.

The word, slaves, signifies, besides actual slaves, captives and such persons as are called upon to pay blood money to secure their freedom.

The expression, for those in debt, means those who are unable to pay their debts or those who have suffered an extraordinary loss in trade, etc.

The words, for the cause of Allah, imply every good or pious work commanded by God.

The term ابن السبیل (the wayfarer) includes those stranded on a journey for lack of money; or those who travel in search of knowledge or for promoting social relations. See also 2:178.