2/20/17. Āyāt. Force into marriage. Something disgusting. Maqt

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as inheritance. And do not hold on to them so that you may get away with some of what you have given them, unless they commit a clearly shameful act. And live with them in the recognized manner.

1 2/20/17 س و ر ة الن س اء Āyāt ی ا ی ھ ا ٱل ذ ی ن ل ت ذھ ب وا و ع اش ر وھ ن ك ر ھ ا و لا ت ع ض ل وھ ن ء ام ن وا لا ی ح ل ل ك م أ ن ت ر ث وا ٱلن س آ ء ب ب ع ضم آ ء ات ی ت م وھ ن إ لا أ ن ی ا ت ی ن ب ف ح ش ة مب ی ن ة ب ٱل م ع ر وف ف ا ن ك ر ھ ت م وھ ن ف ع س ى أ ن ت ك ر ھ وا ش ی ا و ی ج ع ل ٱ Z ف ی ھ خ ی ر ا ك ث ی ا ر o those who believe, it is not lawful for you that you should forcibly take women as inheritance. And do not hold on to them so that you may get away with some of what you have given them, unless they commit a clearly shameful act. And live with them in the recognized manner. And if you dislike them, then it is quite likely that you dislike something and Allah has placed in it a lot of good. ٱل ذ ی ن ء ام ن وا لا ی ح ل ل ك م ٱلن س آ ء أ ن ت ر ث وا ك ر ھ ا ی ا ی ھ ا Maqt Something disgusting Force into marriage 1

2/20/17 ان ترثوا مال النساء كرھا أن ترثوا مھر النساء كرھا أن ترثوا ذات النساء كرھا و لا ت ع ض ل وھ ن ل ت ذ ھ ب وا ب ب ع ضم آ ی ا ت ین ء ات ی ت م وھ ن إ لا أ ن ب ف ح ش ة مب ی ن ة If they have

If there is no immorality on the side of the women it would be makrooh to take back the mahr or part of it.

2 2/20/17 ان ترثوا مال النساء كرھا أن ترثوا مھر النساء كرھا أن ترثوا ذات النساء كرھا و لا ت ع ض ل وھ ن ل ت ذ ھ ب وا ب ب ع ضم آ ی ا ت ین ء ات ی ت م وھ ن إ لا أ ن ب ف ح ش ة مب ی ن ة If they have carried out open immorality, then taking back the mahr is permissable - not more than the actual mahr that was given. Ie to take more is makrooh. To take the mahr is not compulsory. If there is no immorality on the side of the women it would be makrooh to take back the mahr or part of it. adala is to hold somebody back ت ع ض ل وھ ن عضل to hold back and the literal translation is to put them through difficulty and harm them by physical or emotional abuse that drives them to seek separation by means of khula [to pay for the divorce by returning the mahr. و لا ت ع ض ل وھ ن And do not force them 2

2/20/17 According to Sayyidni Ibn 'Abbas, Sayyidah 'A'ishah dj and Hadrat Dahhak and others, the word, "fahisha" (translated as 'a shameful act') here means disobedience to the husband and indecent

3 2/20/17 According to Sayyidni Ibn 'Abbas, Sayyidah 'A'ishah dj and Hadrat Dahhak and others, the word, "fahisha" (translated as 'a shameful act') here means disobedience to the husband and indecent abuses against him; while, Abi Qilabah and Hasan al-basri take it to mean immodesty and adultery in this particular place. Thus, the sense would come to be: If these women happen to commit some shameful act or they behave disobediently and vituperatively which forces the husband to think of a divorce, then, this being a fault of the woman, the husband has the right to hold her in the bond of marriage, until he receives back what he had given her, or has the outstanding dower forgiven by her. Āyāt أ ر دت م و إ ن ٱس ت ب د ا ل ز و ج مك ا ن ز و ج ف لا ت ا خ ذ وا م ن ھ ش یe ا و ء ات ی ت م إ ح د ى ھ ن ق نط ار ا If you intend to change one wife wife for another and you have given one of them a fortune [heaps of wealth ] then do not take anything from it Who is the marriage against and who is it for? On the day of judgement the marriage contract is in favor of the wife and against the male 3

4 2/20/17 Don t take anything from it because the choice of taking another wife by mere fufilling of desire and no fault of the women just because you want to change her. ت ا خ ذ وا ف لا ش ی eا م ن ھ do you want to take it / through imputation and an open sin?" أ ت ا خ ذ ون ھ ۥ و إ ث م ا ب ھ ت ن ا مب ین ا How can you now take back what you had given her when not only the marriage has been solemnized, but you have also had access to each other in privacy? For, in this situation, whatever has been given, if against dower [mahr], the woman certainly deserved it. She now owns it because she surrendered herself to her husband. و ك ی ف ت ا خ ذ ون ھ ۥ و ق د أ ف ض ى ب ع ض ك م إ ل ى ب ع ض و أ خ ذن م نك م یث ق ا غ ل ی ظا م 4

2/20/17 This 'covenant' is the bond of marriage which is solemnly attested to with the name of Allah before a gathering of people following a khutbah یث ق ا و أ خ ذن م نك م م غ ل یظ ا (and they have

5 2/20/17 This 'covenant' is the bond of marriage which is solemnly attested to with the name of Allah before a gathering of people following a khutbah یث ق ا و أ خ ذن م نك م م غ ل یظ ا (and they have taken a firm covenant from you) و لا ت نك ح وا م ا ن ك ح ء اب آؤ ك م م ن ك ان ف ح ش ة و م ق ت ا ٱلن س آ ء إ لا م ا ق د و س آ ء س ب ی لا س ل ف إ ن ھ ۥ Āyāt And do not marry those of women whom your fathers had married except what has passed. It is indeed shameful and detestable, and it is an evil practice. The word Sabīl is used because it is something that is followed - in this case, a tradition. 5

6 2/20/17 Āyāt ٱلا خ ب ن ا ت ٱلا خ ت ح ر م ت ع ل ی ك م أ مھ ت ك م و ب ن ات ك م و أ خ و ت ك م و ع م ت ك م و خ ل ت ك م و ب ن ا ت و ٱل ت ي ف ي ٱل ت ي أ ر ض ع ن ك م و أ خ و ت ك م م ن ٱل رض ع ة و أ مھ ت ن س آي ك م و ر ب ي ب ك م و أ مھ ت ك م ٱل ت ي د خ لت م ب ھ ن ف ا ن ل م ت ك ون وا د خ لت م ب ھ ن ف لا ج ن ا ح ع ل ی ك م ح ج ور ك م م ن ن س آي ك م خ ت ی ن ح ل ي ل أ ب ن آي ك م ٱل ذ ی ن أ ص ل ب ك م أ ن إ لا م ا ق د س ل ف م ن و ت ج م ع وا ب ی ن ٱلا و Prohibited for you are your mothers, ا yourیم رح daughters, ن غ ف ور ا ك ا your Z sisters, إ ن ٱ your paternal aunts, your maternal aunts, daughters of brother, daughters of sister, your mothers who suckled you, your sisters through suckling, mothers of your wives and your step-daughters under your care who are born of your women with whom you have had intercourse - but if you have not had intercourse with them, then there is no sin on you. And the wives of your sons from your loins, and that you combine two sisters (in wedlock), except what has passed. Surely, Allah is Most-Forgiving, Very- Merciful Raba ib Rabība (singular) Daughter of a woman one married, who are from another marriage. ح ر م ت ع ل ی ك م أ مھ ت ك م (Prohibited for you are your mothers) It is unlawful to marry one's own mother. (your mothers), includes all - أ مھ ت ك م grandmothers, paternal or maternal. 6

7 و ب ن ات ك م (and your daughters) It is unlawful to marry one's own real daughter, and the daughter of the daughter, and the daughter of the son. و أ خ و ت ك م (and your sisters) Marrying one's own real sister. is unlawful, as well as marrying an 'allati sister (half-sister from the same father but different mother), and also marrying an akhyafi sister (half-sister from the same mother but different father). و ع م ت ك م (and your paternal aunts) Marriage with the real sister of one's father, his half-sister from their father's side and his half-sister from their mother's side is unlawful. It means that one cannot marry any paternal aunt from the three kinds described above. 7

8 و خ ل ت ك م (and your maternal aunts) Marriage with a sister of one s mother, whether real (haqiqi) or half-sister from their father's side ('allati or halfsister from their mother's side (akhyafa, is unlawful) و ب ن ات ٱلا خ (and daughters of brother) Marriage with one's nieces is also unlawful, whether they be haqiqi; 'allati or akhyafi Marriage with the daughters of all three types of brothers, real or half, as given above, is not lawful و ب ن ات ٱلا خ ت (and daughters of the sister) It means that marriage with one's maternal nieces is also unlawful, whether the sisters be haqiqi or 'allati or akhyafi The daughters of such sisters cannot be taken in marriage. 8

9 ٱل ت ي و أ مھ ت ك م (and أ ر ض ع ن ك م your mothers who suckled you) This refers to women who, even though they are not the real mothers, are treated in SharI'ah like mothers in the sense that marriage with them is as prohibited as with one's real mother. The quantity or the frequency of feed makes no difference; the said unlawfulness stands established under all eventualities. Muslim jurists refer to this as the unlawfulness through fosterage. انما الرضاعة من الجماعة unlawfulness that becomes established through suckling shall come into effect only when suckling has taken place at a time when the child has no other option but to suckle and grow through it. و أ خ و ت ك م م ن (and ٱل رض ع ة your sisters through suckling) Marriage with sisters related through the bond of fosterage is unlawful. 9

10 1. If a boy and a girl were suckled by a certain woman, the two of them cannot be married to each other. Similarly, marriage with the daughter of a foster-brother and fostersister is also not possible. 2. Marriage with the lineal mother of foster-brother and foster-sister is permissible. It is also lawful to marry the fostermother of the lineal sister of foster-sister; and the foster-sister of the lineal sister. 3. the unlawfulness of marriage becomes established if the feed is received -by the child during the days of suckling either through the mouth, or the nose. Should it be that the feed is given to the child by any other inlet, or it is injected in, then, the unlawfulness of fosterage will not come to be established. 4. no feed other than the feed from the woman suckling the child (for example, milk from animals or male humans), establishes fosterage. RULINGS 5. If the feed is mixed in medicine or in milk from a goat, cow or buffalo, the unlawfulness of marriage as based on suckling shall be established only when the quantity of the woman's feed measures more, or when it is at least equal. But, if the woman's feed is less than that, this unlawfulness shall not come to be established 6. If male mammalian glands happen to lactate, it does not go on to prove the unlawfulness of marriage from suckling. 7. If a woman lets a child mouth her nipple, but there is no certainty that the child has sucked the feed in, then this will not establish the unlawfulness through suckling and it will not affect the lawfulness of marriage, because the prohibition of marriage is not established where actual suckling is doubtful. 8. If a man marries a certain woman while some other woman claims that she has suckled both of them, then, should both of them confirm it, it will be decided that the marriage was incorrect. However, should both of them reject the claim it will not be mandatory on the spouses to vacate the marriage, however, if the woman appears to be God-fearing and a practicing Muslim, it is preferable for the spouses to opt for separation through divorce 9. The witness of two practicing Muslims is necessary in order to prove unlawfulness through suckling. This will not be proved by the witness of one man or one woman. But, since this is a very serious matter involving the whole life being halal or haram a precautionary attitude will always be advisable. 10. According to the recognized rules of evidence, the testimony of one man and two women is equal to that of two male witnesses. Therefore, even if one man and two women testify the fact of suckling, the fosterrelationship will stand proved. RULINGS و أ مھ ت ن س آي ك م (and the mothers of your wives) Also unlawful to husbands are the mothers of their wives. Here too, the word, "ummahat" includes all grandmothers of wives, maternal, paternal, lineal or foster 10

11 ٱل ت ي ف ي و ر ب ي ب ك م ٱل ت ي ح ج ور ك م م ن ن س آي ك م د خ لت م ب ھ ن (and your step-daughters under your care who are born of your women with whom you have had intercourse) When one marries a woman and sleeps with her after the marriage, the daughter of that woman from another husband becomes unlawful for him, and so do her grand-daughters, both paternal and maternal. Marriage with them is not permissible. ي ل و و ح ل أ ب ن آي ك م ٱل ذ ی ن م ن (and the wives of أ ص ل ب ك م your sons from your loins) The wife of ones own son is unlawful, and the universality of 'son' includes grandsons, paternal or maternal. So, marriage with their wives shall not be permissible. م ن أ ص ل ب ك م (from your loins) This particular restriction is used here to exclude the adopted son. Marriage with his wife is lawful. As far as a foster son is concerned, he is governed by the rule which governs the lineal son, therefore, marriage with his wife too is unlawful. 11

12 و أ ن ت ج م ع وا ب ی ن ٱلا خ ت ی ن (and that you combine two sisters in wedlock) This particular restriction is used here to exclude the adopted son. Marriage with his wife is lawful. As far as a foster son is concerned, he is governed by the rule which governs the lineal son, therefore, marriage with his wife too is unlawful. Just as one cannot combine two sisters in his marriage, it is also unlawful for him to combine a paternal aunt and her niece, and a maternal aunt and her niece. They to; cannot be combined in marriage with any one person. Muslim jurists have mentioned the general principle that any two women, out of whom, if one was supposed to be a male, then, their marriage with each other would turn out to be incorrect according to Islamic law, thus two women of this kind cannot be combined in marriage with one man. RULINGS إ لام ا ق د س ل ف (except what has passed): whatever has been the practice during Jahiliyyah will not be called to account. 12

13 إ لام ا ق د س ل ف (except what has passed): whatever has been the practice during Jahiliyyah will not be called to account. 13

Surah Mumtahina. Tafseer Part 1

Surah Mumtahina. Tafseer Part 1 Surah Mumtahina Tafseer Part 1 In the name of Allah the Gracious and Most Merciful 1. O you who have believed, do not take My enemies and your enemies as allies, extending to them affection while they