Surah Al Nisa (Section 19)

4-127 And they ask thee a decision about women. Say: Allah makes known to you His decision concerning them; and that which is recited to you in the Book is concerning widowed women, whom you give not what is appointed for them, while you are not inclined to marry them, nor to the weak among children, and that you should deal justly with orphans. And whatever good you do, Allah is surely ever Knower of it.

وَيَسۡتَفۡتُونَكَ فِى ٱلنِّسَآءِ‌ۖ قُلِ ٱللَّهُ يُفۡتِيڪُمۡ فِيهِنَّ وَمَا يُتۡلَىٰ عَلَيۡڪُمۡ فِى ٱلۡكِتَـٰبِ فِى يَتَـٰمَى ٱلنِّسَآءِ ٱلَّـٰتِى لَا تُؤۡتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرۡغَبُونَ أَن تَنكِحُوهُنَّ وَٱلۡمُسۡتَضۡعَفِينَ مِنَ ٱلۡوِلۡدَٲنِ وَأَن تَقُومُواْ لِلۡيَتَـٰمَىٰ بِٱلۡقِسۡطِ‌ۚ وَمَا تَفۡعَلُواْ مِنۡ خَيۡرٍ۬ فَإِنَّ ٱللَّهَ كَانَ بِهِۦ عَلِيمً۬ا (١٢٧)

4-127a: يَسۡتَفۡتُونَ – یفتی – The meaning of فتیٰ is a youth and فتویٰ is a decree on an issue that is difficult (R). استفتاء is to ask for a decree (فتویٰ ) on an issue, as in:  أَفۡتُونِى فِىٓ أَمۡرِى (advise me respecting my affair) (27:32) and فَٱسۡتَفۡتِہِمۡ (So ask them…) (37:11).

يَتَـٰمَى ٱلنِّسَآءِ – It can be interpreted in two ways, that is orphan children of widows and orphan women. According to Lisan al-Arab, a woman is called an orphan who does not have a husband. Another reading of this term is ییامی النساء and ییامیٰ is the plural of ایّم which means the woman who has no husband and the plural form is found in the Quran: وَأَنكِحُواْ ٱلۡأَيَـٰمَىٰ (And marry those among you who are single) (24:32).

مَا كُتِبَ لَهُنَّ – It means the portion that has been appointed for them and what is meant is not the dower or the marital gift settled on the wife but her portion in the inheritance which can be deduced because of the mention of weak children in the discussion of the topic. The Arabs did not give women and children a share in the inheritance as has been mentioned in 4-7a. Hence some people were resentful when the Quranic revelation came that determined a share for women in inheritance (IJ). 

وَتَرۡغَبُونَ أَن تَنكِحُوهُنَّ – For the meaning of رغب see 2-130a. There is no conjunction here and so it can be interpreted in two ways, that is you have a strong desire to marry them and also that you do not want them to marry. Ibn Jarir has given both types of narrations, but the majority of commentators prefer the second meaning and the context too requires it because they did not want such women to marry so that they may take their inheritance.

 Further light on the issue of polygamy: This section has a relationship with the beginning of this Chapter where the issue of polygamy is discussed. Verse 129 makes this issue clear where it is stated that you cannot do justice between women. Its relation with the last chapter is that in it amongst the mention of the hypocrites who were drifting towards polytheism there is a mention of the believers and it is stated that complete obedience of Allah and doing goodness towards his creation are the two pillars of religion and accordingly in this section there is a mention of women and an exhortation to be good to them.

In the beginning of this verse, there is an indication from the use of the words استفتاء (ask thee for a decision) and افتاء (makes known his decision) that there are some difficulties regarding women among the populace. In response to the question, it is stated firstly that Allah gives you His decision which is given further on and secondly a reference is given to مَا يُتۡلَىٰ عَلَيۡڪُمۡ فِى ٱلۡكِتَـٰبِ (that which is recited to you in the Book)  which indicates that this verse was revealed later in time. It is further stated that that which is recited earlier is with regard to يَتَـٰمَى ٱلنِّسَآءِ by which, according to the lady Ayesha as recorded in Bukhari, is meant an orphan girl whose guardian joins her property with his and then neither marries her himself nor approves of her marriage with someone else for fear of losing control over her property. There is another narration by Ibn Abbas in which he states that this verse was revealed in the matter of Umm Kahat who had orphan children. The truth is that Quran lays great stress and clarifies matters relating to women and orphan children and repeatedly reminds what is the real subject of the chapter. Women and children were subject to such bad treatment that the need arose to once again reveal this command and its meaning is that the previously given command that you can marry two, three or four wives is with regard to يَتَـٰمَى ٱلنِّسَآءِ , that is with regard to such women who have been left without husbands such as widows who lost their husband in wars. If the alternate interpretation of يَتَـٰمَى ٱلنِّسَآءِ is taken, that is orphan children of women, then the meaning of verse 3 becomes that if you cannot do justice with the orphan children of women then marry such women who are their mothers. This brings clarity to the rationale for allowing polygamy, namely that this permission was given to solve this problem. When many women were left without husbands or many women were left with orphan children who had no well-wisher, Allah gave permission to marry two, three or four wives. That the matter discussed in this verse relates to polygamy is made clear by the fact that the following verse exhorts the doing of justice. The statement in the current verse that you do not give them their prescribed share nor to young children is a reference to the old custom prevalent among the Arabs that they excluded women and young children from inheritance. Further it appears from تَرۡغَبُونَ أَن تَنكِحُوهُنَّ  (you are not inclined to marry them) that their reluctance to marry such women was because they did not want to take on the responsibility of rearing their children. Hence Islam gave two commands. Women and weak children were to be given their inheritance and such women who have orphan children should be taken as wives. In order to accomplish these objectives, permission was given for polygamy because not to do so would have spelled disaster for the nation. The matter is further emphasized by stating at the end of the verse to do justice with orphans. It was the imperative of looking after widows and the rearing of orphan children that polygamy was permitted.

4-128 And if a woman fears ill-usage from her husband or desertion no blame is on them if they effect a reconciliation between them. And reconciliation is better. And avarice is met with in (men’s) minds. And if you do good (to others) and keep your duty, surely Allah is ever Aware of what you do.a

وَإِنِ ٱمۡرَأَةٌ خَافَتۡ مِنۢ بَعۡلِهَا نُشُوزًا أَوۡ إِعۡرَاضً۬ا فَلَا جُنَاحَ عَلَيۡہِمَآ أَن يُصۡلِحَا بَيۡنَہُمَا صُلۡحً۬ا‌ۚ وَٱلصُّلۡحُ خَيۡرٌ۬‌ۗ وَأُحۡضِرَتِ ٱلۡأَنفُسُ ٱلشُّحَّ‌ۚ وَإِن تُحۡسِنُواْ وَتَتَّقُواْ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعۡمَلُونَ خَبِيرً۬ا (١٢٨)

4-128a: شحّ – It is niggardness mixed with greed, as in: وَمَن يُوقَ شُحَّ نَفۡسِهِ (And whoever is saved from the niggardliness of his soul) (59:9) and أَشِحَّةً عَلَى ٱلۡخَيۡرِ‌ (…being covetous of wealth) (33:19) (R).

Recalcitrance of the husband towards his wife: The situation described here is one in which the wife is afraid of the husband’s high handedness or disinclination. The cases of recalcitrance on the part of the wife and شقاق بینھما (quarrel between husband and wife) have already been discussed earlier. The mention of this special situation where the wife is afraid of the husband appears to be a case of quarrels emanating from multiplicity of wives and hence this has been mentioned separately from the earlier two situations. The mention of equitable treatment of wives in the next verse gives further credence to this being the subject. So, what is stated is that when the wife is afraid that a husband’s second marriage will cause him to be disinclined from her or to treat her badly then they should seek a resolution, and the resolution can take one of two forms. Either the husband can give up the idea of a second marriage or the husband can try to convince his wife that she will not suffer any harm on account of his second marriage. It is further added that a resolution of the differences resulting in domestic peace is better. However, such a peace is at the expense of شحّ (niggardliness mixed with greed). Niggardliness is that a person does not wants to give up his right and greed is that he wants to snatch somebody else’s right. If there is no niggardliness and greed and a person gives up on some of his rights and also gives up on appropriating another’s right, then a resolution to a dispute can easily be found. It is for this reason that doing good and being righteous is urged, that is to do good to others and not to appropriate the right of others. It is therefore especially recommended to be good to women, not to be unjust with them and to avoid averseness and non-fulfilment of marital duties. 

4-129 And you cannot do justice between wives, even though you wish (it), but be not disinclined (from one) with total disinclination, so that you leave her in suspense. And if you are reconciled and keep your duty, surely Allah is ever Forgiving, Merciful.a

وَلَن تَسۡتَطِيعُوٓاْ أَن تَعۡدِلُواْ بَيۡنَ ٱلنِّسَآءِ وَلَوۡ حَرَصۡتُمۡ‌ۖ فَلَا تَمِيلُواْ ڪُلَّ ٱلۡمَيۡلِ فَتَذَرُوهَا كَٱلۡمُعَلَّقَةِ‌ۚ وَإِن تُصۡلِحُواْ وَتَتَّقُواْ فَإِنَّ ٱللَّهَ كَانَ غَفُورً۬ا رَّحِيمً۬ا (١٢٩)

4-129a: تَمِيلُواْ – مَیۡل is to bend to one side from the middle and its use is in a situation of cruelty. The meaning of مِلۡت علیه is to attack someone, as in:  فَيَمِيلُونَ عَلَيۡڪُم مَّيۡلَةً۬ (…that they may attack you with a sudden attack) (4:102), and مال (wealth) is so called because it bends away, that is keeps going into other hands, being with someone today and with someone else the next day (R).

مُعَلَّقَةِ‌ۚ – عَلَق is to hang from something or to get trapped in it (R). Derived from it is علقة , the clot from which the baby develops, and the meaning of معلقة is الّتی فقِد زوجہا (a woman whose husband has gone missing) and she is لا اَیّم و لا ذات بعل neither without a husband nor with a husband (LA).

Equitable treatment of wives: There are two ways in which a husband can do justice with his wives. One is in manifest ways such as in giving them money or in giving them turns, and the second is in love. It is stated in the beginning of this chapter that if a person fears that he will not be able to treat his wives equitably then even if there is a need, he should remain monogamous  and be content with one wife. The mention there is in manifest ways. Here the mention is about affection and love. Hence the inability to do justice mentioned in وَلَن تَسۡتَطِيعُوٓاْ أَن تَعۡدِلُواْ has to do with the relationship of love, and it is stated that it is not humanly possible for a person who has two wives to love them equally. This is not a negation of the physical equal treatment of wives which is in the ability of a person to do. It is not right to assume that first polygamy is permitted and then it is negated by tying it to a condition which is declared to be impossible to meet. The permission for polygamy was granted to meet certain objective conditions which have been described previously. Far be it from the glory of God’s words to first mention a dire need and then impose an impossible condition for the fulfilment of that need. If there is a need for multiplicity of wives, then it cannot be negated by the condition that a person cannot do justice between them. Is this not a criticism of God that on the one hand He mentions the need for having more than one wife and on the other He negates it by tying it to a condition impossible to fulfill? The meaning of this verse is clear, namely that the command for physical justice between wives has been given but a person is not constrained by the same rule of equity as far as love is considered. However, it is prohibited to be so disinclined towards a wife that she is left hanging between women who have a husband and women who do not have a husband. 

4-130 And if they separate, Allah will render them both free from want out of His ampleness. And Allah is ever Ample-giving, Wise.a

وَإِن يَتَفَرَّقَا يُغۡنِ ٱللَّهُ ڪُلاًّ۬ مِّن سَعَتِهِۦ‌ۚ وَكَانَ ٱللَّهُ وَٲسِعًا حَكِيمً۬ا (١٣٠)

4-130a: If the dislike becomes so great that there is no concord or affinity then separation is the best alternative for the couple. In such an eventuality, Allah can make things better for both.

4-131 And to Allah belongs whatever is in the heavens and whatever is in the earth. And certainly We enjoined those who were given the Book before you and (We enjoin) you too to keep your duty to Allah. And if you disbelieve, surely to Allah belongs whatever is in the heavens and whatever is in the earth. And Allah is ever Self-sufficient, Praiseworthy.

 وَلِلَّهِ مَا فِى ٱلسَّمَـٰوَٲتِ وَمَا فِى ٱلۡأَرۡضِ‌ۗ وَلَقَدۡ وَصَّيۡنَا ٱلَّذِينَ أُوتُواْ ٱلۡكِتَـٰبَ مِن قَبۡلِڪُمۡ وَإِيَّاكُمۡ أَنِ ٱتَّقُواْ ٱللَّهَ‌ۚ وَإِن تَكۡفُرُواْ فَإِنَّ لِلَّهِ مَا فِى ٱلسَّمَـٰوَٲتِ وَمَا فِى ٱلۡأَرۡضِ‌ۚ وَكَانَ ٱللَّهُ غَنِيًّا حَمِيدً۬ا (١٣١)

4-132 And to Allah belongs whatever is in the heavens and whatever is in the earth. And Allah suffices as having charge of affairs.

وَلِلَّهِ مَا فِى ٱلسَّمَـٰوَٲتِ وَمَا فِى ٱلۡأَرۡضِ‌ۚ وَكَفَىٰ بِٱللَّهِ وَكِيلاً (١٣٢)

4-133 If He please, He will take you away, O people, and bring others. And Allah is ever Powerful to do that.

إِن يَشَأۡ يُذۡهِبۡڪُمۡ أَيُّہَا ٱلنَّاسُ وَيَأۡتِ بِـَٔاخَرِينَ‌ۚ وَكَانَ ٱللَّهُ عَلَىٰ ذَٲلِكَ قَدِيرً۬ا (١٣٣)

4-134 Whoever desires the reward of this world — then with Allah is the reward of this world and the Hereafter. And Allah is ever Hearing, Seeing.a

مَّن كَانَ يُرِيدُ ثَوَابَ ٱلدُّنۡيَا فَعِندَ ٱللَّهِ ثَوَابُ ٱلدُّنۡيَا وَٱلۡأَخِرَةِ‌ۚ وَكَانَ ٱللَّهُ سَمِيعَۢا بَصِيرً۬ا (١٣٤) 

4-134a: In the last four verses of this section there is an exhortation to be righteous and attention is drawn to Allah’s majesty and His omnipotence because it is this that can keep a person righteous. A person can only keep due regard for the rights of others when he has full belief in the power and majesty of Allah otherwise even goodness has a color of selfishness.

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