Tafsir of Surah An-Nisa' - Verse 19

Meaning of `Inheriting Women Against Their Will

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

يَـأَيُّهَا 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,

يَـأَيُّهَا 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 بُهْتَـناً 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 مِّيثَـقاً 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 فَـحِشَةً 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.

Sequence of verses

Repentance was mentioned in the previous verses in proportion to the related requirement of the text. Before this, there was a series of injunctions pertaining to women. The present verses too carry some more imperatives against the excesses suffered by women at the hands of their husbands, even heirs. Details appear in the Commentary.

The aim is to correct such social disorders. It may be noted that husbands have been particularly addressed in وَعَاشِرُ‌وهُنَّ (live with them). Verses 20 and 21 conclude the subject.

Commentary

Women before Islam: Eradication of Injustices

Given in these three verses are steps taken to eliminate injustices to which women were commonly subjected:

1\. The most glaring of these was that men used to act as owners of the life and property of women, so much so, that a woman taken in marriage was passed on as a piece of property after her husband's death, on to his heirs. They were considered as the new owners and inheritors of the property, plus the wife. They could, if they wished to, marry her or give her in marriage to somebody else against payment. The son of the husband from another wife could himself marry her after the death of his father. When a living human being has been taken as an article of ownership, what would have happened to the normal property is all too obvious. This one basic social ill became the cause of hundreds of other unjust practices against women, some of which are pointed out below:

(a) If a woman received some property in inheritance or some gift from her parents, the poor thing stayed deprived of it. Everything received in her name was devoured by men at her husband's home.

(b) If, somehow the woman did come in possession of her share of the property, men would prevent her from remarrying so that she could not take her share out of the house - they wanted her to die right there where she was, leaving her property which they could possess after her.

(c) In some places there was the practice that if the husband did not like his wife because of whimsical factors and not because of any shortcoming of the wife, then, while he skipped relating to her as his wife, did not get rid of her by giving her a divorce. This was to harass her to the limit that she was forced to give him back the jewellery and dower money he had given her; or, if he had not yet given these as due, he expected that she would forgo her claim before she could hope to be released. There were situations when the husband, despite having divorced her would not let the divorced wife remarry so that she breaks up and returns to him the amount of dower he had given her, or forgoes the dower still unpaid.

(d) On occasions, following the death of her husband, his heirs would not let the widow remarry. They would do so either to satisfy their false sense of prestige, or to let her go only after they get some-thing for themselves in the deal.

As said earlier, all these injustices were perpetrated on the basis of the central assumption that man owned not only the property but also the very life of the woman. The Holy Qur'an struck at the very root of this evil which produced other injustices and openly declared:

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِ‌ثُوا النِّسَاءَ كَرْ‌هًا

O those who believe, it is not lawful for you that you should forcibly take women as inheritance.

The word "forcibly" does not appear here as a condition which would have given the impression that their becoming owners of women with the latter’ s approval was all right, but this restriction has been introduced here as a statement of fact. It means that taking over the charge of the life and property of women as self-appointed owners without any legal or rational basis whatsoever could, obviously, be only "forcibly". How could a woman, in her normal senses, ever agree to such a proposition? (a1-Bahr al-Muh, it). This is why the Shari'ah of Islam does not accept her approval in this matter as effective. If any woman, so out of her mind, approves of being owned by somebody, the Islamic law is not willing to concede this position.

The common method of preventing injustice and disorder would be to use a prohibitive order, but the Holy Qur'an has avoided this common method at this place and has expressed the element of prohibition by negating the lawfulness of this act by saying: لَا یَحِلُّ لَکُم 'it is not lawful for you'. Here, in addition to stressing upon the severe sinfulness of this matter, the purpose may also be to indicate that, should it be that someone does go on to marry an adult woman without her consent and permission, the marriage thus entered into shall not be lawful and, in fact, it is null and void. Being totally non-sequitur, no husband-wife relationship between the man and woman gets established from such a marriage, nor do the injunctions of inheritance or lineage follow from it.

Similarly, if someone forces a woman and takes back the dower he had given her, or compels her to forgo the outstanding dower, this forced return or forgiveness is not valid in the sight of the Shari'ah. Money or property taken in this manner do not make them lawful for the man, nor does it cause any due right to be forgiven. This subject has been further clarified in: وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ

It means: 'Do not prevent women from marrying at their choice with the intention of taking back what you, or a relative, have already given to them as dower or gift.' So, the giving and the taking back of dower is inclusive of the incidence of making the woman forgive the dower the payment of which is due, fixed and agreed upon. Whether one forces the woman to return the dower amount already paid or forces her to forgo the dower still outstanding, both are impermissible and patently Haram (forbidden). Similarly, whatever has been given to the wife as gift, or something of which she has become the 'owner', cannot be taken back by the husband, or the heirs, for it is not lawful for them to do so. However, this rule applies only to a situation where anything has been assigned to her as an owner. If something was given to her for a temporary use, like jewellery or any other article, not making her the owner of it, then, that simply does not enter into the 'ownership' of the wife and, therefore, asking for their return is not forbidden.

The text, after that, by saying: إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ exempts some such situations under which it becomes permissible for the husband to take back what he has given, including the dower. It means that should the woman commit an act which is clearly shameful and which naturally compels the man to divorce her, then, this will be a situation in which it does not matter if the husband holds back the word of divorce until such time that the woman returns the dower he had given her or forgoes the outstanding dower, if that is the case.

According to Sayyidna Ibn ` Abbas ؓ ، Sayyidah A’ shah ؓ and Hadrat Dahhak (رح) and others, the word, فاحشا "fahisha" (translated as 'a shameful act' ) here means disobedience to the husband and indecent abuses against him; while, Abu Qilabah and Hasan al-Bari رحمۃ اللہ علیہما 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.

Undoubtedly, the successors of a deceased person have the right to inherit his property. But his widow is not to be treated as a part of the inheritance and exploited as the successors decide. Property is inanimate and therefore without feeling, and, as such is a proper object of inheritance, but human beings have sensate, independent existences, and therefore possess the right to decide their future according to their own choice. If there is any physical or temperamental shortcoming in a woman, it should be tolerated so that she may have the opportunity to use her other natural talents to play her part in the building up of the household. One should overlook the unpleasant aspects of her personality and try to adjust amicably. The secret of the progress and solidarity of any family or society is that its members should ignore the shortcomings and deficiencies of each other and give everyone the chance to exercise his or her abilities. Those who adopt the way of patience and tolerance in this world for the sake of God, are the people who will be granted admission to Paradise in the Hereafter. When one does not like one’s life companion and, rather than be tolerant, decides to separate, it often happens that one exaggerates the shortcomings of the other to justify one’s decision. Allegations are fabricated so that the weaker person should become nervous and leave. Similarly, while severing the marriage bond, trumped up reasons are presented to the other party. But these activities are against the covenant. A covenant is considered sacred by God and whether written or unwritten, it is essentially binding. It applies equally to both parties, leaving them no choice of their own.