4-15 And as for those of your women who are guilty of an indecency, call to witness against them four (witnesses) from among you; so if they bear witness, confine them to the houses until death takes them away or Allah opens a way for them.
وَٱلَّـٰتِى يَأۡتِينَ ٱلۡفَـٰحِشَةَ مِن نِّسَآٮِٕڪُمۡ فَٱسۡتَشۡہِدُواْ عَلَيۡهِنَّ أَرۡبَعَةً۬ مِّنڪُمۡۖ فَإِن شَہِدُواْ فَأَمۡسِكُوهُنَّ فِى ٱلۡبُيُوتِ حَتَّىٰ يَتَوَفَّٮٰهُنَّ ٱلۡمَوۡتُ أَوۡ يَجۡعَلَ ٱللَّهُ لَهُنَّ سَبِيلاً۬ (١٥)
4-15a: يَأۡتِينَ – The literal meaning of اتیان ( اتیٰ) is to come. It is spoken of a person’s coming, whether voluntarily on his own or in compliance of an order, or for carrying out a course of action because the coming can be on one’s own volition, or in compliance of a command or as part of a plan (R). The meaning here is committing a lewd act.
ٱلۡفَـٰحِشَةَ – It means every indecent word or action. See note 2-169a. There is no doubt that the word فَـٰحِشَةَ is spoken of in the Quran and in the Arabic language for adultery, but its real use is to denote all indecent acts and it is mostly in this sense that the word is used in the Quran as in: وَإِذَا فَعَلُواْ فَـٰحِشَةً۬ (And when they commit an indecency) (7:28). Ibn Kathir says that there is repeated mention in the Hadith of فحش and فاحشه and فواحش and it includes all kinds of sins and evils that are very vile, and فاحشه also occurs commonly in the sense of adultery, and in reality every vile natured speech or act is called فاحشه . Accordingly, in an incident reported in the hadith when the lady Ayesha responded harshly to some Jews who had been disrespectful of the Holy Prophet, the Holy Prophet stopped her and said: لا ن اللّٰه لا یحب الفحش (Allah does not like crude talk) and the meaning of فحش in this hadith is merely harsh talk.
Reason for protecting the chastity of women: The first two sections of this surah mention the rights of women while this section mentions some of their responsibilities. Just as Islam has granted rights to women that are much more than those in other religions and has made their good treatment a part of the Divine teachings, it has also imposed certain responsibilities on them. Islam desires that just as Muslim women surpass all the other women of the world in obtaining rights, it also desires that Muslim women should surpass other women in their conduct, virtuosity and righteousness. The real purpose of Islam is to do away with all the ways in which women are debased. In pursuit of this, on the one hand it has safeguarded the rights of women which enhances their respect and status, it has also mentioned the equipage to safeguard their chastity so that all kinds of dishonor of women is eliminated. This is the purpose of this verse.
Prevention of adultery: The opinion of most commentators is that by ٱلۡفَـٰحِشَةَ is meant adultery and the punishment for adultery is given here. They consider this verse to be abrogated by the verse جلد (flog) of Surah Nur (24:2) and the practical practice of stoning the adulterers. In fact, some people hold that this verse is abrogated by the hadith in Muslim which states: البکو بالبکو جلد مائة و نفی سنة و الثیب بالثیب جلد مائة و الرجم (‘Take it from me, take it from me, God has appointed a way: for bikr with bikr (the unmarried couple?) flogging with a hundred stripes and banishment for one year; for al-thayyab with al-thayyabah (the married couple?), flogging with a hundred stripes and [death by] stoning.’ ) and this hadith is abrogated by the verse جلد and the verse جلد is abrogated by the proofs of stoning to death (G). As has been proven, no verse of the Quran is abrogated and neither has the Holy Prophet declared any injunction abrogated. Further, there is no hadith that shows that the Holy Prophet took the meaning of ٱلۡفَـٰحِشَةَ to be adultery here and so the generic meaning of the word must be adopted. In the adoption of the meaning of a word, that meaning should be adopted that does not create a conflict between one verse and another. So, the meaning of ٱلۡفَـٰحِشَةَ here is committing an indecency which can be considered as the seed of adultery. The Quran has here prescribed a way to timely prevent women from committing adultery. The treatment suggested is that if it is proven that a woman committed an indecent act, she should be confined to her home, that is, her freedom should be curtailed, and she should be prevented from going out till such time that she dies, or Allah opens a way for her. By open a way is meant sincere repentance or if it is a woman who is not married, and marriage can correct her condition, then marriage will open a way for her to get back her freedom. Commentators too have taken يَجۡعَلَ ٱللَّهُ لَهُنَّ سَبِيلاً۬ to mean marriage. The curtailment of freedom serves two purposes. First, the woman does not get the opportunity to get involved with an evil, and second, she does not become a bad example for others. Abu Muslim has taken ٱلۡفَـٰحِشَةَ to mean lesbianism.
Preventive measures against adultery in Islamic teaching: A little reflection shows that Islamic teaching is incremental and beautiful. Many measures have been recommended to prevent one from falling into the evil of adultery. First, social interaction between the sexes is discouraged and women have been barred to meet in private with men who are outside of the circle of close relations that they cannot marry. Second, women have been advised not to go out dolled up and dressed ostentatiously. When they step out, they should cover themselves with a plain cloth so that their finery is hidden. Third, when they go out, both men and women are commanded to lower their gaze. Fourth, if a woman is seen to be treading a path that will lead her into adultery, she should be stopped from going out until such time that she repents or she is married so that her desires are legally fulfilled. Finally, if all else fails, then a severe punishment of flogging is prescribed for adultery. There is no better system for safeguarding chastity. These are the things that testify to the perfection of the moral and spiritual teachings of the Quran.
4-16 And as for the two of you who are guilty of it, give them both a slight punishment; then if they repent and amend, turn aside from them. Surely Allah is ever Oft-returning (to mercy), the Merciful.a
وَٱلَّذَانِ يَأۡتِيَـٰنِهَا مِنڪُمۡ فَـَٔاذُوهُمَاۖ فَإِن تَابَا وَأَصۡلَحَا فَأَعۡرِضُواْ عَنۡهُمَآۗ إِنَّ ٱللَّهَ ڪَانَ تَوَّابً۬ا رَّحِيمًا (١٦)
4-16a: ٱلَّذَانِ – In fact it is used for two males but by transference under the Arabic grammatical rule known as تغلیب (prefer one over another among two interrelated things) it can be spoken of a male and female as well.
Punishment for the man guilty of amorous conduct, a possible prelude to adultery: The last verse mentioned the punishment for women guilty of indecent behavior. To show that this act is not only opprobrious and punishable for women but that both men and women should be punished if they commit an indecent act that are possible prelude to adultery. The punishment for the woman, that is her confinement in the house, has been mentioned in the previous verse but the punishment for the man has not been mentioned specifically because a woman even if confined to the house can help in the housework as her circle of work is mostly confined to the house but imposing a similar punishment on the man is tantamount to keeping him away from his business, Hence it has been stated in general terms that both are liable to punishment but according to their conditions. Majority of the commentators have taken the meaning of ٱلَّذَانِ here to mean a male and a female. The prescribed punishment is confined to admonition or warning or scolding or some other slight punishment. Abu Muslim, however, has taken ٱلَّذَانِ to mean two men and considers this to be an act in preparation for sodomy, just as he considers in the previous verse to be an act preparatory to lesbianism. The same explanation has been attributed to Mujahid as well. The turning aside from such people if they repent and make amends shows what the real principle is here. The repentance in this verse also explains what is meant in the previous verse by يَجۡعَلَ ٱللَّهُ لَهُنَّ سَبِيلاً۬ (Allah opens a way for them), namely that it also means repentance.
4-17 Repentance with Allah is only for those who do evil in ignorance, then turn (to Allah) soon, so these it is to whom Allah turns (mercifully). And Allah is ever Knowing, Wise.
إِنَّمَا ٱلتَّوۡبَةُ عَلَى ٱللَّهِ لِلَّذِينَ يَعۡمَلُونَ ٱلسُّوٓءَ بِجَهَـٰلَةٍ۬ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ۬ فَأُوْلَـٰٓٮِٕكَ يَتُوبُ ٱللَّهُ عَلَيۡہِمۡۗ وَكَانَ ٱللَّهُ عَلِيمًا حَڪِيمً۬ا (١٧)
ٱلتَّوۡبَةُ عَلَى ٱللَّهِ –The most common understanding of this is that acceptance by Allah is for such people but because the acceptance of repentance is mentioned in explicit words further on, hence if عَلَى is taken here in the sense of عند as Tabari has done (RM) then the meaning will be the one that has been adopted in the translation: Repentance with Allah is only for those who do this. This is a description of those who repent; the acceptance of such penance by Allah is stated further on. This meaning is also consistent with the next verse لَيۡسَتِ ٱلتَّوۡبَةُ. The meaning of تَوۡبَةُ can also be Divine guidance to repent.
جَهَـٰلَةٍ۬ – For the meaning of جہل see 2-67a. Mujahid states that a person who is disobedient to Allah whether unknowingly or deliberately is جہل or ignorant and stays so until he stops committing sin (IK). Qatadah narrates that there is consensus among the companions of the Holy Prophet that in whatever way a person disobeys Allah whether deliberate or by omission is جَهَـٰلَة or ignorance (IK). In the Quran too, the word جَهَـٰلَة has only been used for sin, as in هَلۡ عَلِمۡتُم مَّا فَعَلۡتُم بِيُوسُفَ وَأَخِيهِ إِذۡ أَنتُمۡ جَـٰهِلُونَ (Do you know how you treated Joseph and his brother, when you were ignorant?) (12:89). The word ignorance is used even though their crime was deliberate.
مِن قَرِيبٍ۬ – Its literal meaning is quickly or soon, but Allah has not closed the door of repentance any time prior to a person’s death provided the repentance is sincere and there is a determination not to commit sin again. This word is very expansive. Accordingly, it is narrated from Ibn Abbas that by مِن قَرِيب is meant the time between present and the time of the visit of the angel of death, that is any time before the coming of the angel of death or entrance into death throes. Imam Ahmad, Tirmazi and Ibn Maja has reported a hadith narrated by Ibn Umar in which the Holy Prophet said: قال ان اللّٰه یقبل توبة العبدمالم یغرغر (Holy Prophet said that Allah accepts repentance of a person until the last gasp before death.
Repentance and its acceptance: An element of the theme of the last two verses is about repentance because instructions are given in those verses that a person who is guilty of committing an indecent act should not be punished if the person repents sincerely. The theme of repentance is taken up for a more detailed examination in the next two verses. The actual meaning of توبه as has been explained in another place is to revert to Allah whether this return is after the commission of a sin, or the reversion is from a condition of remissness. As the context demands, the repentance mentioned here is after the commission of a sin. So, the first thing that is stated is that repentance or reverting to Allah is only for such a person who commits a sin in ignorance, and then repents and returns to Allah. The word ignorance is used because any vice that a person does is committed in ignorance, and the meaning of repentance is that the person should come out of this state of ignorance and understand that what he has done is not a good thing. Unless a person develops a mental state in which he considers an evil to be an evil and is repulsed by it, he cannot sincerely repent and revert. Although the word مِن قَرِيب in its wider sense is applicable to the entire period up till death but literally it means soon or quickly۔ Thus, attention is drawn to the fact that if a sin is committed one should repent and revert quickly because it is easy to revert in this condition before the seed of sin that has been planted in a person’s heart has had time to develop roots. However, if reversion is not made soon, and the evil ferments by repeated commission of the vice, the evil develops roots and becomes firmly entrenched. It then becomes an integral part of one’s nature and it becomes very difficult to get rid of it. Thus, the sooner one repents, the sooner will the repentance be accepted and the longer one waits to repent, the longer will it take to find acceptance.
4-18 And repentance is not for those who go on doing evil deeds, until when death comes to one of them, he says: Now I repent; nor (for) those who die while they are disbelievers. For such We have prepared a painful chastisement.a
وَلَيۡسَتِ ٱلتَّوۡبَةُ لِلَّذِينَ يَعۡمَلُونَ ٱلسَّيِّـَٔاتِ حَتَّىٰٓ إِذَا حَضَرَ أَحَدَهُمُ ٱلۡمَوۡتُ قَالَ إِنِّى تُبۡتُ ٱلۡـَٔـٰنَ وَلَا ٱلَّذِينَ يَمُوتُونَ وَهُمۡ ڪُفَّارٌۚ أُوْلَـٰٓٮِٕكَ أَعۡتَدۡنَا لَهُمۡ عَذَابًا أَلِيمً۬ا (١٨)
4-18a: Rejection of repentance: Just as in the previous verse the state in which repentance is most easily accepted is mentioned, in this verse the state in which repentance is not accepted, that is the state farthest from acceptance is stated. This is the state in which a person keeps on committing evil and does not consider its consequences till he is in the throes of death and realizes that the time of requital is near and then repents. Such a repentance is of no benefit to the penitent. An even worse condition is of those who يَمُوتُونَ وَهُمۡ ڪُفَّارٌ (who die while they are disbelievers). These are they who do not understand even at the time of death or in the throes of death that they should repent. Their disbelief is very deeply entrenched.
Why repentance during the throes of death is not accepted: This is so because even during the throes of death the soul enters a different kind of world and Allah has provided other kinds of remedies for reform in that world. The opportunity to repent and revert is limited to this life because this life has been given for a special kind of reformation. Between these two extreme conditions, namely of committing sin in ignorance and then reverting from it immediately (previous verse), and the one in which repentance is sought after death or in the process of dying (this verse), there are people in different stages whose acceptance of repentance depends upon the degree of boldness in committing sins and how long they take in reverting. A person who in a moment of weakness commits a sin and quickly and intensively seeks repentance is more likely to find his repentance accepted sooner. The hardened sinner who delays repentance will have to make a greater effort over a longer period for the acceptance of his repentance.
4-19 O you who believe, it is not lawful for you to take women as heritage against (their) will.a Nor should you straiten them by taking part of what you have given them, unless they are guilty of manifest indecency.b And treat them kindly. Then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it.c
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا يَحِلُّ لَكُمۡ أَن تَرِثُواْ ٱلنِّسَآءَ كَرۡهً۬اۖ وَلَا تَعۡضُلُوهُنَّ لِتَذۡهَبُواْ بِبَعۡضِ مَآ ءَاتَيۡتُمُوهُنَّ إِلَّآ أَن يَأۡتِينَ بِفَـٰحِشَةٍ۬ مُّبَيِّنَةٍ۬ۚ وَعَاشِرُوهُنَّ بِٱلۡمَعۡرُوفِۚ فَإِن كَرِهۡتُمُوهُنَّ فَعَسَىٰٓ أَن تَكۡرَهُواْ شَيۡـًٔ۬ا وَيَجۡعَلَ ٱللَّهُ فِيهِ خَيۡرً۬ا ڪَثِيرً۬ا (١٩)
4-19a: Pre-Islamic maltreatment of women stopped: From this verse, the discussion turns to the unjust treatment that women were subjected to in the Pre-Islamic period. The first thing mentioned is the evil custom under which women were considered as inheritance like the property left behind by a deceased. In the previous verses, women were given the right to inherit, and a share was fixed for them in the inheritance. Attention is now drawn to the Pre-Islamic custom under which, leave alone being an heir in the estate, the women themselves were considered part of the estate to be inherited by the heirs. A hadith in Bukhari, narrated by Ibn Abbas states: قال کانوا اذا مات الرجل کان اولیاءہ احق با مراته ان شاء بعضہم تزوجھا و ان شاء و الم یزوجوھا فھم احق بھا من اھلھا فنزلت ھٰذہ الایة (It was the custom in the Days of Ignorance that when a man died, his heirs had a right to his woman. If any one of the heirs desired, he could marry her, and if the heirs wanted, they would not allow her to marry anyone else. The heirs of the deceased were entitled to the property of the woman rather than her own family. So, when the woman died, the heirs of her husband became her heirs too. In some narrations, it is also stated that instead of marrying her themselves, they would marry her to whomever they wanted and take her dowry for themselves. There are many narrations of this kind. In some it has been mentioned that this was the tradition of the people of Seerub. Some have stated that the people of Tahamah greatly mistreated their women. All the narrations about this are unanimous that the heirs of the deceased were also the heirs of his widow. This evil custom is abolished here. Mistreatment of women during marriage was also common. Zehri has narrated that among these people a husband would retain his woman and not divorce her even though he did not have conjugal relations with her merely for the purpose that when she died, he would become her heir.
4-19b: فَـٰحِشَةٍ۬ مُّبَيِّنَةٍ۬ۚ – The meaning of فَـٰحِشَة has been explained in 4-15a. Despite the presence of the word مُّبَيِّنَةٍ with فَـٰحِشَةٍ۬ , Qatada, Dahak, Ibn Abbas and others have taken its meaning to be نشوز and سوء الخلق , That is disobedience of husband and rising up against him and immorality. Some have included adultery in it as well. The truth is that the word is generic and so its meanings are expansive, and adultery can also be part of it as there is nothing to prevent its exclusion in the meaning.
Taking property from a woman at the time of divorce: This is the second way in which the women were mistreated. When a husband disliked his wife, instead of divorcing her, he would retain her but make her life so miserable that she agreed to give him part of her property to obtain a divorce. It is mentioned in the narration about the people of Tahamah that at the time of giving divorce, the husband would make his wife accept a condition that she would not marry someone else without her previous husband’s consent. The purpose of this was to try and recover some portion of the amount that the previous husband had spend on his ex-wife by giving her in marriage to another. (IK). Islam has prohibited the taking back of dowry except under the condition that the wife is guilty of: أَن يَأۡتِينَ بِفَـٰحِشَةٍ۬ مُّبَيِّنَةٍ (manifest indecency). In such a situation, since the dissolution of marriage is initiated by the wife, the husband is allowed to take back some portion of what he had given his wife.
4-19c: عَاشِرُوا : Its root is عشر which means ten and since ten is considered to be a perfect numeral hence عَشِیرۃ is spoken of a person’s family through whom he multiplies. Thus, they are a perfect number for him (R). This word has also been used to denote all the near ones of a person, and the meaning of عَاشَرتُهٗ is he became on intimate terms with him like the numeral ten (AH). The meaning of یاعشرۃ is sociable and معاشرہ which is its derivative also means social intercourse. The meaning of عَشِیر is a close friend. The عَشِیر of a woman is her husband because that man has a social relationship with that woman and the woman has a social relationship with the man and they are like friends.
Treatment of women: This is the third matter to which Islam has drawn attention. In the first two commands two evil customs were abolished. In this third command not only is an evil custom eliminated but the relationship between a man and woman is explained. In the Pre-Islamic times, women were treated unjustly in domestic affairs. They were not respected or valued and were merely considered objects of desire. This entire relationship between a man and a woman has been expounded by one word عَاشِرُوهُنَّ . The relationship of a husband and wife is that of true friends who desire the welfare of each other. Reliance has not only been placed on the word معاشرۃ which by itself means companionship, intimacy and social intercourse but has further been amplified by way of emphasis with the word بِٱلۡمَعۡرُوفِ that is a companionship that is exemplary and very likable. It has further been added that it is possible that one may not like one’s spouse, but the result of the dislike should not be that the spouse is not treated well. Even in such a situation, one must control one’s temperament and interact with the other party in a civilized and cordial manner. It is frequently seen that sometimes one does not like a thing initially but later benefits from it greatly. A similar analogy is made in respect of women. It is possible that one may not like his wife but if one control’s his impulse and treats her in a good manner, then Allah may dispel the dislike and make the relationship a source of great blessing.
Good treatment of women: Good treatment of women is one of the distinctive features of Islam and a beautiful explanation of this is met with in the Hadith and the actions of the Holy Prophet. The Holy Prophet said: خیر کم خیر کم لاھله (The best of you is who is best to his family). At the time of the Farewell Pilgrimage, the Holy Prophet’s advice was: واستو صوا بالنساء خیراً (Treat the women well) and he also said that this is not only my teaching but also my practice: انا خیر کم لاھلی . History is a witness to the fact that the Holy Prophet’s conduct with his family was exemplary. He used to play and joked with them and always interacted with them in a pleasant manner. He made them laugh and helped them in their domestic duties. On some occasions he also raced with the lady Ayesha.
4-20 And if you wish to have (one) wife in the place of another and you have given one of them a heap of gold, take nothing from it. Would you take it by slandering (her) and (doing her) manifest wrong?a
وَإِنۡ أَرَدتُّمُ ٱسۡتِبۡدَالَ زَوۡجٍ۬ مَّڪَانَ زَوۡجٍ۬ وَءَاتَيۡتُمۡ إِحۡدَٮٰهُنَّ قِنطَارً۬ا فَلَا تَأۡخُذُواْ مِنۡهُ شَيۡـًٔاۚ أَتَأۡخُذُونَهُ ۥ بُهۡتَـٰنً۬ا وَإِثۡمً۬ا مُّبِينً۬ا (٢٠)
4-20a: When is a divorce permissible: At the end of last verse, it is stated that good social companionship should be the norm with one’s wife and even if one dislikes her, one should control one’s temperament and treat her well. Sometimes, however, the dislike is irremediable and the couple’s natures incompatible and in such a situation forcing the couple to stay together would be destructive of their morals and manners and deleterious for their children. So, this verse addresses a situation when the dislike is irremediable. In this way, it is conveyed that divorce should only be resorted to when the aversion has reached such a stage. Why is the statement worded as “if you wish to have (one) wife in the place of another”, instead of simply saying if you want to divorce her? This is because Islam considers the marital state to be the norm of life. So, if a man divorces his wife, he will perforce marry another. Some demented persons have deduced from this verse that Islam condones the recycling of wives, but this is a totally wrong conclusion from a verse that deals with a very serious issue namely that when there is complete incompatibility between couples so that they cannot even maintain a civilized relationship then the husband is permitted to divorce his wife and marry another. This verse only gives permission that in case of irreconcilable differences, one can divorce his wife and marry another.
The Islamic law is therefore unlike the Christian law in which there is no divorce regardless of how bad and tempestuous the relationship becomes between the couple. Even if they legally separate because they cannot live together, neither the wife has the right to divorce the husband nor has the husband the right to divorce his wife. The word in this verse ٱسۡتِبۡدَالَ seems to point towards this absurd Christian law because when the first marriage is not successful and is unable to produce the love and affection that is the real purpose of marriage then why should such a relationship not be terminated and another one created in its stead. In Islam, the divorced woman too has the right to marry again, as has been mentioned clearly in another place, and the divorcing husband has been given the right to marry again by the word ٱسۡتِبۡدَالَ . In a situation where the blame for the violation of marital duties or mutual disagreements is primarily that of the husband, he cannot take back even a grain of any gift or dowry that he has paid or has promised to pay, even though that gift is of a mound of gold. In the end of the verse, it is stated that to get some goods back, will you falsely accuse a woman of gross indecency or commit a sin, that is by mistreating the woman as in the Days of Ignorance, so that the woman gives back some of her goods to secure a divorce. Thus, Islam does not permit the taking back of any assets given or promised to be given in a divorce settlement.
How much is an appropriate dowry: This verse also testifies that there is no limit to the amount of dowry and the husband can give as much dowry as he likes. This does not mean, however, that large fictitious amount of dowries should be fixed that a person is unable to pay. Dowry is only that which is paid. Fixing the dowry in an amount that a person cannot pay is against the teachings of Quran. It is true that giving a قِنطَارً۬ , which is an undefined amount, has been made permissible here but its extension with the word اتَيۡتُمۡ (that you have given them) shows that the amount has been paid and the command in another place: ءَاتُواْ ٱلنِّسَآءَ صَدُقَـٰتِہِنَّ (give women their dowries) (4:4) shows clearly that dowry is something that must be paid. Fixing a dowry that one is unable to pay or that which one has no intention of paying is against the letter of the Quran. According to a hadith, the Holy Prophet said: من خیر النساءا یسر ھن صداقا (The best woman is one whose dowry can be paid with ease). Another hadith states: اعظم النساء برکة ایسر ھن صداقا (The most blessed woman is one whose dowry can be paid with ease). If a rich man promises a dowry of millions to his wife, he can do so, and it would not be right to stop him either.
Caliph Umar’s sermon on the fixation of dowry: It is narrated that Caliph Umar bin Khattab climbed up to the pulpit of the Holy Prophet and said: O people! You fix large dowries for your women. The dower paid by the Holy Prophet and his companions was less than 400 dirhams. If the amount of dowry had been a measure of righteousness and honorableness in the sights of Allah, you would not have been able to excel them in this. Hence, I will not accept a dowry more than four hundred dirhams. (In another narration it is added that he said: Any amount more than 400 dirhams will be confiscated and entered into the public treasury). Then he came down from the pulpit. A woman from the Quraish confronted him and said: O the Leader of the faithful! You have stopped people from paying more than 400 dirham as dower. Umar replied in the affirmative. She said: Have you not heard that Allah has stated in the Quran: وَءَاتَيۡتُمۡ إِحۡدَٮٰهُنَّ قِنطَارً۬ا فَلَا تَأۡخُذُواْ مِنۡهُ شَيۡـًٔا (you have given one of them a heap of gold, take nothing from it). Caliph Umar said: اللّٰھم اغفر کل الناس افقه من عمر (O Allah! Forgive me. All the people are wiser than Umar). (In another narration, it is stated that the woman said: O son of Khattab! You stop us from what Allah gives us. She then read this verse. Caliph Umar said: نساء المدینة افقه من عمر (The women of Madinah are wiser than Umar). Caliph Umar once again climbed the pulpit and said: O People! I was stopping you from paying more than 400 dirhams as dowry, but you can give as much as you like from your wealth) (IK).
This narration testifies how the Companions of the Prophet bowed their heads before the commandments of the Quran. Caliph Umar did not resort to interpretation before the clear wordings of the Quran. He did not say that this is merely a hypothetical example like some commentators have done. He corrected himself before a full audience. This is the crying need of the hour for Islam that its followers, scholars, and clergymen bow their head before the commandments of the Quran and the common men should have the courage to stop their religious leaders and their scholars when they say things against the Quran and hadith. The religious leaders and scholars should have the righteousness to correct their ideas when they are presented with the commands of the Quran and Hadith.
4-21 And how can you take it when one of you has already gone in to the other and they have taken from you a strong covenant?a
وَكَيۡفَ تَأۡخُذُونَهُ ۥ وَقَدۡ أَفۡضَىٰ بَعۡضُڪُمۡ إِلَىٰ بَعۡضٍ۬ وَأَخَذۡنَ مِنڪُم مِّيثَـٰقًا غَلِيظً۬ا (٢١)
4-21a: أَفۡضَىٰ – فضا is a spacious place, and اَفۡضیٰ فلانٌ اِلیٰ فُلانٍ is derived from the same root and means he reached his side, as if the other person was considered فضاء or separated by a wide space. ا فضاء in the context of a woman according to Mufradat is an eloquent way of elucidating خَلَابہا which means having marital relationships with her. Imam Abu Hanifa has also understood this to be the meaning.
مِّيثَـٰقًا غَلِيظً۬ا – غَلۡظَة is the opposite of رِقّةٌ . So the meaning of غَلِيظ is fat, hick or heavy. Its real use is in the description of body but as a metaphor and proverb it means large and abundant. By using it as an adjective of میثاق (covenant), it means a strong covenant. Qatadah states that میثاق غَلِيظ is the covenant that Allah took from the men regarding women as in: فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحُۢ بِإِحۡسَـٰنٍ۬ۗ (then keep (them) in good fellowship or let (them) go with kindness) (2:229). In Sahih Muslim, the following words from the sermon of the Holy Prophet during the last Haj are recorded: واستوصوا بالنساء خيرا وإنكم إنما أخذتموهن بأمانة الله (Treat your women well because you have taken them as your wives only under Allah’s trust). Thus, it is the nikah that has been called as trust or covenant. Thus, what is meant by میثاق غَلِيظ is the marriage vow or nikah.
Circumstances under which the dower can be taken back from the woman: This verse gives the rationale for why it is not proper to take back the dowery from the woman. The reason given is that the husbands have had marital relations with their wives and have made a covenant with them. Now, unless the wife is in breach of the covenant, she cannot be punished. Some people have taken this verse to abrogate verse 2:229 of Surah Bakarah in which it is permissible to take back some of the dowry when a woman divorces a man, while some others consider this verse to be abrogated by that verse. Both the views are incorrect. The purport of verse 2:229 is that if a woman because of incompatibility of nature or some other reason seeks a divorce and the husband is not at fault then it is permissible to take back some portion of the dowery. Another circumstance in which it is permissible to take back part of the dowry is when the husband is divorcing his wife on the basis of فاحشة مبینة )indecent behavior(. If the husband is divorcing his wife for any other reason, then it is not permissible to take the dowry back. There is no conflict between the two permissions. If the woman seeks divorce, she can be asked to return part of the dowry. If the man seeks divorce, he cannot demand the return of dowry unless the basis for divorce is indecent behavior on the part of wife. The first condition is given in Surah Bakarah 2:229 and the second condition is mentioned here. It is amazing that without proper reflection commentators are quick to declare that a particular verse abrogates another verse. The two commands complement each other. This shows the perfection of the organization of the Quran in how the subject has been completed in parts.
4-22 And marry not women whom your fathers married, except what has already passed. This surely is indecent and hateful; and it is an evil way.a
وَلَا تَنكِحُواْ مَا نَكَحَ ءَابَآؤُڪُم مِّنَ ٱلنِّسَآءِ إِلَّا مَا قَدۡ سَلَفَۚ إِنَّهُ ۥ ڪَانَ فَـٰحِشَةً۬ وَمَقۡتً۬ا وَسَآءَ سَبِيلاً (٢٢)
4-22a: مَقۡتً۬ا – مقت is severe revulsion for a person whom you see committing an abominable act.
This is the fifth reform that Islam made in the relationship between men and women. It was the custom in Arabia as has been narrated by Ibn Abbas that people married the wives of their father. It appears that this custom was not looked upon favorably and that is why such a marriage was called نکاح مقت (repugnant marriage), but even so such this custom existed. Islam completely banned this custom.
إِلَّا مَا قَدۡ سَلَفَۚ : Its literal meaning is what has already passed. The same phrase occurs in the prohibition of usury: فَمَن جَآءَهُ ۥ مَوۡعِظَةٌ۬ مِّن رَّبِّهِۦ فَٱنتَهَىٰ فَلَهُ ۥ مَا سَلَفَ (To whomsoever then the admonition has come from his Lord, and he desists, he shall have what has already passed) (2:275). The meaning of فَلَهُ ۥ مَا سَلَفَ explained in 2:275 is that the sin committed previously would be forgiven. This does not mean, however, that one who was previously undertaking usurious dealings can continue to do so. There are clear instructions about this there which state: وَذَرُواْ مَا بَقِىَ مِنَ ٱلرِّبَوٰٓاْ (and relinquish what remains (due) from usury). Similarly, even here the meaning of إِلَّا مَا قَدۡ سَلَفَ is that the actions already taken are forgiven (R). The meaning is not that a previous marriage with a woman who was one’s father’s wife can continue. After the revelation of this verse, such marriages are prohibited, and stand annulled immediately although there is no punishment for a person who was in such a marriage. So, there is an exclusion for sin in إِلَّا مَا قَدۡ سَلَفَ but no justification for the action to continue.
Bayan-ul-Quran 