An-Nisa 4:13–24

Warning Against Transgressing the Limits for Inheritance

Meaning, the Fara'id are Allah's set limits. This includes what Allah has alloted for the heirs, according to the degree of relation they have to the deceased, and their degree of dependency on him. Therefore, do not transgress or violate them. So Allah said;

وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ

(And whosoever obeys Allah and His Messenger,) regarding the inheritance, and does not add or decrease any of these fixed shares by use of tricks and plots. Rather, he gives each his appointed share as Allah commanded, ordained and decided,

تِلْكَ حُدُودُ اللَّهِ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَرُ خَلِدِينَ فِيهَا وَذلِكَ الْفَوْزُ الْعَظِيمُ - وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَاراً خَلِداً فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ

(Will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success. And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.) This is because he changed what Allah has ordained and disputed with His judgment. Indeed, this is the behavior of those who do not agree with what Allah has decided and divided, and this is why Allah punishes them with humiliation in the eternal, painful torment. Imam Ahmad recorded that Abu Hurayrah said that, the Messenger of Allah ﷺ said,

«إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً، فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَهُ بِشَرِّ عَمَلِهِ، فَيَدْخُلُ النَّارَ، وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً، فَيَعْدِلُ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ فَيَدْخُلُ الْجَنَّة»

(A man might perform the actions of righteous people for seventy years, but when it is time to compile his will, he commits injustice. So his final work will be his worst, and he thus enters the Fire. A man might perform the deeds of evil people for seventy years, yet he is fair in his will. So his final work will be his best, and he thus enters Paradise.) Abu Hurayrah said, "Read, if you will,

تِلْكَ حُدُودُ اللَّهِ

(These are the limits (set by) Allah) until,

عَذَابٌ مُّهِينٌ

(a disgraceful torment.)." In the chapter on injustice in the will, Abu Dawud recorded in his Sunan that Abu Hurayrah said that the Messenger of Allah ﷺ said,

«إِنَّ الرَّجُلَ لَيَعْمَلُ أَوِ الْمَرْأَةَ بِطَاعَةِ اللهِ سِتِّينَ سَنَةً، ثُمَّ يَحْضُرُهُمَا الْمَوْتُ، فَيُضَارَّانِ فِي الْوَصِيَّةِ، فَتَجِبُ لَهُمَا النَّار»

(A man or a woman might perform actions in obedience to Allah for sixty years. Yet, when they are near death, they leave an unfair will and thus acquire the Fire.) Abu Hurayrah then recited the Ayah,

مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ

(After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused), until,

وَذلِكَ الْفَوْزُ الْعَظِيمُ

(and that is the great success.) This was also recorded by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, "Hasan Gharib".

The Adulteress is Confined in her House; A Command Later Abrogated

At the begining of Islam, the ruling was that if a woman commits adultery as stipulated by sufficient proof, she was confined to her home, without leave, until she died. Allah said,

وَاللَتِى يَأْتِينَ الْفَحِشَةَ

يعني الزنا

مِن نِّسَآئِكُمْ فَاسْتَشْهِدُواْ عَلَيْهِنَّ أَرْبَعةً مِّنْكُمْ فَإِن شَهِدُواْ فَأَمْسِكُوهُنَّ فِى الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلاً

(And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way.) `Some other way' mentioned here is the abrogation of this ruling that came later. Ibn `Abbas said, "The early ruling was confinement, until Allah sent down Surat An-Nur (chapter 24) which abrogated that ruling with the ruling of flogging (for fornication) or stoning to death (for adultery)." Similar was reported from `Ikrimah, Sa`id bin Jubayr, Al-Hasan, `Ata' Al-Khurasani, Abu Salih, Qatadah, Zayd bin Aslam and Ad-Dahhak, and this is a matter that is agreed upon. Imam Ahmad recorded that `Ubadah bin As-Samit said, "When the revelation descended upon the Messenger of Allah ﷺ , it would affect him and his face would show signs of strain. One day, Allah sent down a revelation to him, and when the Messenger was relieved of its strain, he said,

«خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الثَّيِّبُ بِالثَّيِّبِ، وَالْبِكْرُ بِالْبِكْرِ، الثَّيِّبُ جَلْدُ مِائَةٍ، وَرَجْمٌ بِالْحِجَارَةِ، وَالْبِكْرُ جَلْدُ مِائَةٍ ثُمَّ نَفْيُ سَنَة»

(Take from me: Allah has made some other way for them. The married with the married, the unmarried with the unmarried. The married gets a hundred lashes and stoning to death, while the unmarried gets a hundred lashes then banishment for a year.)" Muslim and the collectors of the Sunan recorded that `Ubadah bin As-Samit said that the Prophet said,

«خُذُوا عَنِّي خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْم»

(Take from me, take from me. Allah has made some other way for them: the (unmarried) gets a hundred lashes and banishment for one year, while the (married) gets a hundred lashes and stoning to death.) At-Tirmidhi said, "Hasan Sahih". Allah said,

وَاللَّذَانَ يَأْتِيَنِهَا مِنكُمْ فََاذُوهُمَا

(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until Allah abrogated it with flogging or stoning, as we stated. Mujahid said, "It was revealed about the case of two men who do it." As if he was referring to the actions of the people of Lut, and Allah knows best. The collectors of Sunan recorded that Ibn `Abbas said that the Messenger of Allah ﷺ said,

«مَنْ رَأَيْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ، فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِه»

(Whoever you catch committing the act of the people of Lut (homosexuality), then kill both parties to the act.) Allah said,

فَإِن تَابَا وَأَصْلَحَا

(And if they repent and do righteous good deeds), by refraining from that evil act, and thereafter their actions become righteous,

فَأَعْرِضُواْ عَنْهُمَآ

(leave them alone), do not verbally abuse them after that, since he who truly repents is just like he who has no sin,

إِنَّ اللَّهَ كَانَ تَوَّاباً رَّحِيماً

(Surely, Allah is Ever the One Who accepts repentance, Most Merciful.) The following is recorded in the Two Sahihs:

«إِذَا زَنَتْ أَمَةُ أَحَدِكُمْ، فَلْيَجْلِدْهَا الْحَدَّ، وَلَا يُثَرِّبْ عَلَيْهَا»

(When the slave-girl of one of you commits illegal sexual intercouse, let him flog her and not chastise her afterwards. ) because the lashes she receives erase the sin that she has committed.

Repentance is Accepted Until one Faces death

Allah states that He accepts repentance of the servant who commits an error in ignorance and then repents, even just before he sees the angel who captures the soul, before his soul reaches his throat. Mujahid and others said, "Every person who disobeys Allah by mistake, or intentionally is ignorant, until he refrains from the sin." Qatadah said that Abu Al-`Aliyah narrated that the Companions of the Messenger of Allah ﷺ used to say, "Every sin that the servant commits, he commits out of ignorance." `Abdur-Razzaq narrated that, Ma`mar said that Qatadah said that, the Companions of the Messenger of Allah ﷺ agreed that every sin that is committed by intention or otherwise, is committed in ignorance." Ibn Jurayj said, "Abdullah bin Kathir narrated to me that Mujahid said, `Every person who disobeys Allah (even willfully), is ignorant while committing the act of disobedience."' Ibn Jurayj said, "`Ata' bin Abi Rabah told me something similar." Abu Salih said that Ibn `Abbas commented, "It is because of one's ignorance that he commits the error." `Ali bin Abi Talhah reported that Ibn `Abbas said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon (afterwards)), "Until just before he (or she) looks at the angel of death." Ad-Dahhak said, "Every thing before death is `soon afterwards."' Al-Hasan Al-Basri said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon afterwards), "Just before his last breath leaves his throat." `Ikrimah said, "All of this life is `soon afterwards."' Imam Ahmad recorded that Ibn `Umar said that the Messenger ﷺ said,

«إِنَّ اللهَ يَقْبَلُ تَوْبَةَ الْعَبْدِمَالَمْ يُغَرْغِر»

(Allah accepts the repentance of the servant as long as the soul does not reach the throat.) This Hadith was also collected by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, "Hasan Gharib". By mistake, Ibn Majah mentioned that this Hadith was narrated through `Abdullah bin `Amr. However, what is correct is that `Abdullah bin `Umar bin Al-Khattab was the narrator. Allah said,

فَأُوْلَئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيماً حَكِيماً

(It is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise.) Surely, when hope in continued living diminishes, the angel of death comes forth and the soul reaches the throat, approaches the chest and arrives at the state where it is being gradually pulled out, then there is no accepted repentance, nor a way out of that certain end. Hence Allah's statements,

وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّى تُبْتُ الاٌّنَ

(And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: "Now I repent,") and,

فَلَمَّا رَأَوْاْ بَأْسَنَا قَالُواْ ءَامَنَّا بِاللَّهِ وَحْدَهُ

(So when they saw Our punishment, they said: "We believe in Allah Alone...") 40:84 Allah decided that repentance shall not be accepted from the people of the earth when the sun rises from the west, as Allah said,

يَوْمَ يَأْتِى بَعْضُ ءَايَتِ رَبِّكَ لاَ يَنفَعُ نَفْسًا إِيمَانُهَا لَمْ تَكُنْ ءَامَنَتْ مِن قَبْلُ أَوْ كَسَبَتْ فِى إِيمَنِهَا خَيْرًا

(The day that some of the signs of your Lord do come, no good will it do to a person to believe then, if he believed not before, nor earned good through his faith.) 6:158. oAllah said,

وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ

(nor of those who die while they are disbelievers.) Consequently, when the disbeliever dies while still a disbeliever and polytheist, his sorrow and repentance shall not avail him. If he were to ransom himself, even with the earth's fill of gold, it will not be accepted from him. Ibn `Abbas, Abu Al-`Aliyah and Ar-Rabi` bin Anas said that the Ayah:

وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ

(nor of those who die while they are disbelievers), was revealed about the people of Shirk. Imam Ahmad recorded that Usamah bin Salman said that Abu Dharr said that the Messenger of Allah ﷺ said,

«إِنَّ اللهَ يَقْبَلُ تَوْبَةَ عَبْدِهِ أَوْ يَغْفِرُ لِعَبْدِهِ مَالَمْ يَقَعِ الْحِجَاب»

(Allah accepts the repentance of His servant, or forgives His servant, as long as the veil does not drop.) They asked, "And what does the drop of the veil mean " He said,

«أَنْ تَخْرُجَ النَّفْسُ وَهِيَ مُشْرِكَة»

(When the soul is removed while one is a polythiest.) Allah then said,

أُوْلَئِكَ أَعْتَدْنَا لَهُمْ عَذَاباً أَلِيماً

(For them We have prepared a painful torment), torment that is severe, eternal and enormous.

Meaning of `Inheriting Women Against Their Will

Al-Bukhari recorded that Ibn `Abbas said about the Ayah,

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً

(O you who believe! You are not permitted to inherit women against their will,) "Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً

(O you who believe! You are not permitted to inherit women against their will)."

Women Should not Be Treated with Harshness

Allah said,

وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ

(nor to prevent them from marriage, in order to take part of what you have given them,) Allah commands: Do not treat the woman harshly so that she gives back all or part of the dowry that she was given, or forfeits one of her rights by means of coercion and oppression. Allah's statement,

إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ

(unless they commit open Fahishah.) Ibn Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa`id bin Jubayr, Mujahid, `Ikrimah, `Ata' Al-Khurasani, Ad-Dahhak, Abu Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa`id bin Abi Hilal said that this refers to illicit sex. Meaning that if the wife commits adultery, you are allowed to take back the dowry you gave her. You are also allowed to annoy her, until she gives back the dowry in return for a Khula`." In Surat Al-Baqarah, Allah said,

وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ

(And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah) 2:229. Ibn `Abbas, `Ikrimah and Ad-Dahhak said that Fahishah refers to disobedience and defiance. Ibn Jarir chose the view that it is general, encompasses all these meanings, adultery, disobedience, defiance, rudeness, and so forth. Meaning that he is allowed to annoy his wife when she does any of these acts until she forfeits all or part of her rights and he then separates from her, and this view is good, and Allah knows best.

Live With Women Honorably

Allah said,

وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ

(And live with them honorably), by saying kind words to them, treating them kindly and making your appearance appealing for them, as much as you can, just as you like the same from them. Allah said in another Ayah,

وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ

(And they have rights similar over them to what is reasonable) 2:228. The Messenger of Allah ﷺ said,

«خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ، وَأَنَا خَيْرُكُمْ لِأَهْلِي»

(The best among you is he who is the best with his family. Verily, I am the best one among you with my family.) It was the practice of the Messenger of Allah ﷺ to be kind, cheerful, playful with his wives, compassionate, spending on them and laughing with them. The Messenger ﷺ used to race with `A'ishah, the Mother of the Faithful, as a means of kindness to her. `A'ishah said, "The Messenger of Allah ﷺ raced with me and I won the race. This occurred before I gained weight, and afterwards I raced with him again, and he won that race. He said,

«هذِهِ بِتِلْك»

(This victory is for that victory.)" When the Prophet was at the home of one of his wives, sometimes all of his wives would meet there and eat together, and they would then go back to their homes. He and his wife would sleep in the same bed, he would remove his upper garment, sleeping in only his lower garment. The Prophet used to talk to the wife whose night it was, after praying `Isha' and before he went to sleep. Allah said,

لَّقَدْ كَانَ لَكُمْ فِى رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ

(Indeed in the Messenger of Allah ﷺ you have a good example to follow) 33:21. Allah said,

فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئاً وَيَجْعَلَ اللَّهُ فِيهِ خَيْراً كَثِيراً

(If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.) Allah says that your patience, which is demonstrated by keeping wives whom you dislike, carries good rewards for you in this life and the Hereafter. Ibn `Abbas commented on this Ayah, "That the husband may feel compassion towards his wife and Allah gives him a child with her, and this child carries tremendous goodness." An authentic Hadith states,

«لَا يَفْرَكْ مُؤْمِنٌ مُؤْمِنَةً، إِنْ سَخِطَ مِنْهَا خُلُقًا، رَضِيَ مِنْهَا آخَر»

(No believing man should hate his believing wife. If he dislikes a part of her conduct, he would surely like another.)

The Prohibition of Taking Back the Dowry

Allah said,

وَإِنْ أَرَدْتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَاهُنَّ قِنْطَاراً فَلاَ تَأْخُذُواْ مِنْهُ شَيْئاً أَتَأْخُذُونَهُ بُهْتَناً وَإِثْماً مُّبِيناً

(But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin) The Ayah commands: When one of you wants to divorce a wife and marry another one, he must not take any portion of the dowry he gave to the first wife, even if it were a Qintar of money. We mentioned the meaning of Qintar in the Tafsir of Surah Al `Imran. This Ayah is clear in its indication that the dowry could be substantial. `Umar bin Al-Khattab used to discourage giving a large dowry, but later on changed his view. Imam Ahmad recorded that Abu Al-`Ajfa' As-Sulami said that he heard `Umar bin Al-Khattab saying, "Do not exaggerate with the dowry of women, had this practice been an honor in this world or a part of Taqwa, then the Prophet would have had more right to practice it than you. The Messenger of Allah ﷺ never gave any of his wives, nor did any of his daughters receive a dowry more than twelve Uwqiyah. A man used to pay a substantial dowry and thus conceal enmity towards his wife!" Ahmad and the collectors of Sunan collected this Hadith through various chains of narration, and At-Tirmidhi said, "Hasan Sahih". Al-Hafiz Abu Ya`la recorded that Masruq said, "`Umar bin Al-Khattab stood up on the Minbar of the Messenger of Allah ﷺ and said, `O people! Why do you exaggerate concerning the dowry given to women The Messenger of Allah ﷺ and his Companions used to pay up to four hundred Dirhams for a dowry, or less than that. Had paying more for a dowry been a part of Taqwa or an honor, you would not have led them in this practice. Therefore, I do not want to hear about a man who pays more than four hundred Dirhams for a dowry.' He then went down the Minbar, but a woman from Quraysh said to him, `O Leader of the Faithful! You prohibited people from paying more than four hundred Dirhams in a dowry for women' He said, `Yes.' She said, `Have you not heard what Allah sent down in the Qur'an' He said, `Which part of it' She said, `Have you not heard Allah's statement,

وَءَاتَيْتُمْ إِحْدَاهُنَّ قِنْطَاراً

(And you have given one of them a Qintar)' He said, `O Allah! Forgive me...' He then went back and stood up on the Minbar saying, `I had prohibited you from paying more than four hundred Dirhams in a dowry for women. So, let everyone pay what he likes from his money."' The chain of narration for this Hadith is strong.

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ

(And how could you take it (back) while you have gone in unto each other) how can you take back the dowry from the woman with whom you had sexual relations and she had sexual relations with you Ibn `Abbas, Mujahid, As-Suddi and several others said that this means sexual intercourse. The Two Sahihs record that the Messenger of Allah ﷺ said three times to the spouses who said the Mula`anah;

«اللهُ يَعْلَمُ أَنَّ أَحَدَكُمَا كَاذِبٌ، فَهَلْ مِنْكُمَا تَائِبٌ؟»

(Allah knows that one of you is a liar, so would any of you repent ) The man said, "O Messenger of Allah! My money," referring to the dowry that he gave his wife. The Messenger said ﷺ,

«لَا مَالَ لَكَ، إِنْ كُنْتَ صَدَقْتَ عَلَيْهَا فَهُوَ بِمَا اسْتَحْلَلْتَ مِنْ فَرْجِهَا، وَإِنْ كُنْتَ كَذَبْتَ عَلَيْهَا فَهُوَ أَبْعَدُ لَكَ مِنْهَا»

(You have no money. If you are the one who said the truth, the dowry is in return for the right to have sexual intercourse with her. If you are the one who uttered the lie, then this money is even farther from your reach.) Similarly Allah said;

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَقاً غَلِيظاً

(And how could you take it (back) while you have gone in unto each other and they have taken from you a firm and strong covenant) (Be kind with women, for you have taken them by Allah's covenant and earned the right to have sexual relations with them by Allah's Word.)

Marrying the Wife of the Father is Prohibited

Allah said,

وَلاَ تَنكِحُواْ مَا نَكَحَ ءَابَاؤُكُمْ مِّنَ النِّسَآءِ

(And marry not women whom your fathers married,) Allah prohibits marrying the women whom the father married, in honor and respect to the fathers, not allowing their children to have sexual relations with their wives after they die. A woman becomes ineligible for the son of her husband as soon as the marriage contract is conducted, and there is a consensus on this ruling. Ibn Jarir recorded that Ibn `Abbas said, "During the time of Jahiliyyah, the people used to prohibit what Allah prohibits (concerning marriage), except marrying the stepmother and taking two sisters as rival wives. Allah sent down,

وَلاَ تَنكِحُواْ مَا نَكَحَ ءَابَاؤُكُمْ مِّنَ النِّسَآءِ

(And marry not women whom your fathers married,) and,

وَأَن تَجْمَعُواْ بَيْنَ الاٍّخْتَيْنِ

(and two sisters in wedlock at the same time) 4:23." Similar was reported from `Ata' and Qatadah. Therefore, the practice that the Ayah mentions is prohibited for this Ummah, being disgraced as an awful sin, r

إِنَّهُ كَانَ فَحِشَةً وَمَقْتاً وَسَآءَ سَبِيلاً

(Indeed it was shameful and Maqtan, and an evil way.) Allah said in other Ayat,

وَلاَ تَقْرَبُواْ الْفَوَحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ

(Come not near to Al-Fawahish (shameful acts) whether committed openly or secretly) 6:151, and,

وَلاَ تَقْرَبُواْ الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَآءَ سَبِيلاً

(And come not near to unlawful sex. Verily, it is a Fahishah and an evil way.) 17:32 In this Ayah (4:22), Allah added,

وَمَقْتاً

(and Maqtan), meaning, offensive. It is a sin itself and causes the son to hate his father after he marries his wife. It is usual that whoever marries a woman dislikes those who married her before him. This is one reason why the Mothers of the Faithful were not allowed for anyone in marriage after the Messenger ﷺ. They are indeed the Mothers of the Faithful since they married the Messenger ﷺ , who is like the father to the believers. Rather, the Prophet's right is far greater than the right of a father, and his love comes before each person loving himself, may Allah's peace and blessings be on him. `Ata' bin Abi Rabah said that the Ayah,

وَمَقْتاً

(and Maqtan), means, Allah will hate him,

وَسَآءَ سَبِيلاً

(and an evil way), for those who take this way. Therefore, those who commit this practice will have committed an act of reversion from the religion and deserve capital punishment and confiscation of their property, which will be given to the Muslim Treasury. Imam Ahmad and the collectors of Sunan recorded that Al-Bara' bin `Azib said that his uncle Abu Burdah was sent by the Messenger of Allah ﷺ to a man who married his stepmother to execute him and confiscate his money.

Degrees of Women Never Eligible for One to Marry

This honorable Ayah is the Ayah that establishes the degrees of women relatives who are never eligible for one to marry, because of blood relations, relations established by suckling or marriage. Ibn Abi Hatim recorded that Ibn `Abbas said, "(Allah said) I have prohibited for you seven types of relatives by blood and seven by marriage." Ibn `Abbas then recited the Ayah,

حُرِّمَتْ عَلَيْكُمْ أُمَّهَتُكُمْ وَبَنَتُكُمْ وَأَخَوَتُكُمْ

(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters...) At-Tabari recorded that Ibn `Abbas said, "Seven degrees of blood relation and seven degrees of marriage relation are prohibited (for marriage)." He then recited the Ayah,

حُرِّمَتْ عَلَيْكُمْ أُمَّهَتُكُمْ وَبَنَتُكُمْ وَأَخَوَتُكُمْ وَعَمَّتُكُمْ وَخَلَتُكُمْ وَبَنَاتُ الاٌّخِ وَبَنَاتُ الاٍّخْتِ

(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters) and these are the types prohibited by blood relation." Allah's statement,

وَأُمَّهَتُكُمُ الْلاَّتِى أَرْضَعْنَكُمْ وَأَخَوَتُكُم مِّنَ الرَّضَاعَةِ

(Your foster mothers who suckled you, your foster milk suckling sisters) means, just as your mother who bore you is prohibited for you in marriage, so is your mother from suckling prohibited for you. Al-Bukhari and Muslim recorded that `A'ishah, the Mother of the Faithful, said that the Messenger of Allah ﷺ said,

«إِنَّ الرَّضَاعَةَ تُحَرِّمُ مَا تُحَرِّمُ الْوِلَادَة»

(Suckling prohibits what birth prohibits.) In another narration reported by Muslim,

«يَحْرُمُ مِنَ الرَّضَاعَةِ مَا يَحْرُمُ مِنَ النَّسَب»

(Suckling establishes prohibited degrees just as blood does.)

`Suckling' that Establishes Prohibition for Marriage

Less than five incidents of suckling will not establish prohibition for marriage. In his Sahih, Muslim recorded that `A'ishah said, "Among the parts of the Qur'an that were revealed, is the statement, `Ten incidents of suckling establishes the prohibition (concerning marriage).' It was later abrogated with five, and the Messenger of Allah ﷺ died while this statement was still recited as part of the Qur'an."' A Hadith that Sahlah bint Suhayl narrated states that the Messenger of Allah ﷺ ordered her to suckle Salim the freed slave of Abu Hudhayfah with five." We should assert that the suckling mentioned here must occur before the age of two, as we stated when we explained the Ayah in Surat Al-Baqarah,

يُرْضِعْنَ أَوْلَدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ

((The mothers) should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling) 2:233. The Mother-in-Law and Stepdaughter are Prohibited in Marriage Allah said next,

وَأُمَّهَتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللَّتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ

(Your wives' mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in - but there is no sin on you if you have not gone in unto them,) As for the mother of the wife, she becomes prohibited for marriage for her son-in-law when the marriage is conducted, whether the son-in-law has sexual relations with her daughter or not. As for the wife's daughter, she becomes prohibited for her stepfather when he has sexual relations with her mother, after the marriage contract is ratified. If the man divorces the mother before having sexual relations with her, he is allowed to marry her daughter. So Allah said;

وَرَبَائِبُكُمُ اللَّتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ

(Your stepdaughters under your guardianship, born of your wives unto whom you have gone in -- but there is no sin on you if you have not gone in unto them,) to marry the stepdaughter.

The Stepdaughter is Prohibited in Marriage Even if She Was NotUnder the Guardianship of Her Stepfather

Allah said,

وَرَبَائِبُكُمُ اللَّتِى فِى حُجُورِكُمْ

(...your stepdaughters under your guardianship,) The majority of scholars state that the stepdaughter is prohibited in marriage for her stepfather who consummated his marriage to her mother whether she was under his guardianship or not. The Two Sahih recorded that Umm Habibah said, "O Messenger of Allah! Marry my sister, the daughter of Abu Sufyan (and in one narration `Azzah bint Abu Sufyan).

"

He said,

«أَوَ تُحِبِّينَ ذلِك»

؟ قالت: نعم. لست لك بمخلية، وأحب من شاركني في خيرٍ أختي، قال:

«فَإِنَّ ذلِكِ لَا يَحِلُّ لِي»

قالت: فإنا نتحدث أنك تريد أن تنكح بنت أبي سلمة، قال:

«بِنْتَ أُمِّ سَلَمَة»

؟ قالت: نعم. قال:

«إِنَّهَا لَوْ لَمْ تَكُنْ رَبِيبَتِي فِي حِجْرِي مَا حَلَّتْ لِي، إِنَّهَا لَبِنْتُ أَخِي مِنَ الرَّضَاعَةِ، أَرْضَعَتْنِي وَأَبَا سَلَمَةَ ثُوَيْبَةُ، فَلَا تَعْرِضْنَ عَلَيَّ بَنَاتِكُنَّ وَلَا أَخَوَاتِكُن»

("Do you like that I do that" She said, "I would not give you up for anything, but the best of whom I like to share with me in that which is righteously good, is my sister." He said, "That is not allowed for me." She said, "We were told that you want to marry the daughter of Abu Salamah." He asked, "The daughter of Umm Salamah" She said, "Yes." He said, "Even if she was not my stepdaughter and under my guardianship, she is still not allowed for me because she is my niece from suckling, for Thuwaybah suckled me and Abu Salamah. Therefore, do not offer me to marry your daughters or sisters. ") In another narration from Al-Bukhari,

«إِنِّي لَوْ لَمْ أَتَزَوَّجْ أُمَّ سَلَمَةَ مَا حَلَّتْ لِي»

(Had I not married Umm Salamah, her daughter would not have been allowed for me anyway.) Consequently, the Messenger stated that his marriage to Umm Salamah was the real reason behind that prohibition.

Meaning of `gone in unto them

The Ayah continues,

اللَّتِى دَخَلْتُمْ بِهِنَّ

(Your wives unto whom you have gone in), meaning, had sexual relations with them, according to Ibn `Abbas and several others.

Prohibiting the Daughter-in-Law for Marriage

Allah said,

وَحَلَئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَبِكُمْ

(The wives of your sons who (spring) from your own loins,) Therefore, you are prohibited to marry the wives of your own sons, but not the wives of your adopted sons, as adoption was common practice in Jahiliyyah. Allah said,

فَلَمَّا قَضَى زَيْدٌ مِّنْهَا وَطَراً زَوَّجْنَكَهَا لِكَىْ لاَ يَكُونَ عَلَى الْمُؤْمِنِينَ حَرَجٌ فِى أَزْوَاجِ أَدْعِيَآئِهِمْ

(So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they had divorced them).) 33:37 Ibn Jurayj said, "I asked `Ata' about Allah's statement,

وَحَلَئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَبِكُمْ

(The wives of your sons who (spring) from your own loins,) He said, `We were told that when the Prophet married the ex-wife of Zayd (who was the Prophet's adopted son before Islam prohibited this practice), the idolators in Makkah criticized him. Allah sent down the Ayat:

وَحَلَئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَبِكُمْ

(The wives of your sons who (spring) from your own loins),

وَمَا جَعَلَ أَدْعِيَآءَكُمْ أَبْنَآءَكُمْ

(nor has He made your adopted sons your real sons.) 33:4, and,

مَّا كَانَ مُحَمَّدٌ أَبَآ أَحَدٍ مّن رِّجَالِكُمْ

(Muhammad is not the father of any of your men) 33:40."' Ibn Abi Hatim recorded that Al-Hasan bin Muhammad said, "These Ayat are encompassing,

وَحَلَئِلُ أَبْنَآئِكُمُ

(the wives of your sons), and,

وَأُمَّهَتُ نِسَآئِكُمْ

(your wives' mothers). This is also the explanation of Tawus, Ibrahim, Az-Zuhri and Makhul. It means that these two Ayat encompass these types of women, whether the marriage was consummated or not, and there is a consensus on this ruling.

A Doubt and Rebuttal

Why is the wife of one's son from suckling prohibited for him for marriage - that is, if she is no longer married to his son from suckling - as the majority of scholars state, although they are not related by blood The answer is the Prophet's statement,

«يَحْرُمُ مِنَ الرَّضَاعِ مَا يَحْرُمُ مِنَ النَّسَب»

(Suckling prohibits what blood relations prohibit.)

The Prohibition of Taking Two Sisters as Rival Wives

Allah said,

وَأَن تَجْمَعُواْ بَيْنَ الاٍّخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ

(...and two sisters in wedlock at the same time, except for what has already passed;) The Ayah commands: you are prohibited to take two sisters as rival wives, or rival female-servants, except for what had happened to you during the time of Jahiliyyah, which We have forgiven and erased. Therefore, no one is allowed to take or keep two sisters as rival wives, according to the consensus of the scholars of the Companions, their followers, and the Imams of old and present. They all stated that taking two sisters as rival wives is prohibited, and that whoever embraces Islam while married to two sisters at the same time is given the choice to keep one of them and divorce the other. Imam Ahmad recorded that Ad-Dahhak bin Fayruz said that his father said, "I embraced Islam while married to two sisters at the same time and the Prophet commanded me to divorce one of them."

Forbidding Women Already Married, Except for Female Slaves

Allah said,

وَالْمُحْصَنَتُ مِنَ النِّسَآءِ إِلاَّ مَا مَلَكْتَ أَيْمَنُكُمْ

(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married,

إِلاَّ مَا مَلَكْتَ أَيْمَنُكُمْ

(except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed, e

وَالْمُحْصَنَتُ مِنَ النِّسَآءِ إِلاَّ مَا مَلَكْتَ أَيْمَنُكُمْ

(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women." This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih. Allah's statement,

كِتَبَ اللَّهِ عَلَيْكُمْ

(Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah's Book, do not transgress His set limits, and adhere to His legislation and decrees.

The Permission to Marry All Other Women

Allah said,

وَأُحِلَّ لَكُمْ مَّا وَرَاءَ ذَلِكُمْ

(All others are lawful) meaning, you are allowed to marry women other than the prohibited types mentioned here, as `Ata' and others have stated. Allah's statement,

أَن تَبْتَغُواْ بِأَمْوَلِكُمْ مُّحْصِنِينَ غَيْرَ مُسَفِحِينَ

(provided you seek them (with a dowry) from your property, desiring chastity, not fornication,) meaning, you are allowed to use your money to marry up to four wives and for (the purchase of) as many female slaves as you like, all through legal means,

مُّحْصِنِينَ غَيْرَ مُسَفِحِينَ

((desiring) chastity, not fornication.) Allah's statement,

فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فََاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً

(So with those among them whom you have enjoyed, give them their required due,) means, to enjoy them sexually, surrender to them their rightful dowry as compensation. In other Ayat, Allah said,

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ

(And how could you take it (back) while you have gone in unto each other),

وَءَاتُواْ النِّسَآءَ صَدُقَتِهِنَّ نِحْلَةً

(And give to the women (whom you marry) their dowry with a good heart), and,

وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا

(And it is not lawful for you (men) to take back (from your wives) any of what (dowry) you gave them)

Prohibiting the Mut`ah of Marriage

Mujahid stated that,

فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فََاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً

(So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut`ah marriage. A Mut`ah marriage is a marriage that ends upon a predeterminied date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, "The Messenger of Allah ﷺ prohibited Mut`ah marriage and eating the meat of domesticated donkeys on the day of Khaybar (battle)." In addition, in his Sahih, Muslim recorded that Ar-Rabi` bin Sabrah bin Ma`bad Al-Juhani said that his father said that he accompanied the Messenger of Allah ﷺ during the conquest of Makkah, and that the Prophet said,

«يَا أَيُّهَا النَّاسُ إِنِّي كُنْتُ أَذِنْتُ لَكُمْ فِي الاسْتِمْتَاعِ مِنَ النِّسَاءِ، وَإنَّ اللهَ قَدْ حَرَّمَ ذَلِكَ إِلى يَوْمِ الْقِيَامَةِ، فَمَنْ كَانَ عِنَدَهُ مِنْهُنَّ شَيْءٌ فَلْيُخَلِّ سَبِيلَهُ، وَلَا تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شيئًا»

(O people! I allowed you the Mut`ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut`ah, let him let them go, and do not take anything from what you have given them.) Allah's statement,

وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِن بَعْدِ الْفَرِيضَةِ

(but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement,

وَءَاتُواْ النِّسَآءَ صَدُقَتِهِنَّ نِحْلَةً

(And give to the women their dowry with a good heart). The meaning of these Ayat is: If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case. Ibn Jarir said, "Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined)." meaning, if she gives up part of the dowry, then you men are allowed to accept that. Allah's statement,

إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً

(Surely, Allah is Ever All-Knowing, All-Wise.) is suitable here, after Allah mentioned these prohibitions.