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Lit., "and the two from among you who become guilty thereof, punish them both". According to most of the commentators, this refers to immoral conduct on the part of a man and a woman as well as to homosexual relations.
Some of the commentators attribute to the term fahishah (here rendered as "immoral conduct") the meaning of "adultery" or "fornication" and are, consequently, of the opinion that this verse has been "abrogated" by 24:2 , which lays down the punishment of one hundred stripes for each of the guilty parties. This unwarranted assumption must, however, be rejected. Quite apart from the impossibility of admitting that any passage of the Qur'an could have been "abrogated" by another of its passages (see surah {2}, note [87]), the expression fahishah does not, by itself, connote illicit sexual intercourse: it signifies anything that is grossly immodest, unseemly, lewd, indecent or abominable in word or in deed (cf. Lane VI, 2344f.), and is by no means restricted to sexual transgressions. Read in this context, and in conjunction with 24:2 , this expression obviously denotes here immoral conduct not necessarily amounting to what is termed zina (i.e., "adultery" or "fornication"), and therefore redeemable by sincere repentance (in contrast to a proven act of zina, which is punishable by flogging). - It is noteworthy that in all cases of alleged sexual transgressions or misbehaviour the Qur'an stipulates the direct evidence of four witnesses (instead of the two required in all other judicial cases) as a sine qua non of conviction. For the reasons underlying this injunction, as well as for its judicial implications, see note [7] on 24:4 .
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The expression min qarib, which here implies nearness in time, could also be rendered as "soon", i.e., soon after having committed the evil deed; most of the classical commentators however, hold that in this context it denotes the time before the actual approach of death. This interpretation is borne out by the next verse.
A person’s repentance will be accepted as long as they repent any time before their death. But one should not procrastinate because they do not know when they will die.
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Lit., "until, when death approaches one of them, he says".
Note the fine touch. A sin may be fashionable, and people may sin together without compunction. When one of them is faced with Death, he repents, but that sort of repentance is no good.
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According to one of the interpretations advanced by Zamakhshari, this refers to a man's forcibly keeping an unloved wife - and thus preventing her from marrying another man - in the hope of inheriting her property under the provisions specified in the first sentence of verse {12} above. Some authorities, however, are of the opinion that the meaning is: "It is not lawful for you to inherit women against their will"-thus expressing a prohibition of the pre-Islamic custom of inheriting the wives of deceased near relatives. But in view of the fact that Islam does not permit the "inheriting" of women under any circumstances (and not only "against their will"), the former interpretation is infinitely more plausible.
In the event that a wife's immoral conduct has been proved by the direct evidence of four witnesses, as stipulated in verse {15} above, the husband has the right, on divorcing her, to demand the return of the whole or of part of the dower which he gave her at the time when the marriage was contracted. If - as is permissible under Islamic Law - the dower has not been actually handed over to the bride at the time of marriage but has taken the form of a legal obligation on the part of the husband, he is absolved of this obligation in the case of proven immoral conduct on the part of his wife
Lit., "with them".
Lit., "and God might place in it".
For example, a man would prevent a female relative (such as his sister or mother) from getting married so he can secure her estate for himself.
lit., blatant misconduct. If someone’s wife has been found guilty of adultery, he has the right to ask for his dowry back.
Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow or widows along with his goods and chattels. This shameful custom is forbidden. See also iv. 22 below.
Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a Khul'a divorce (see ii. 229, n. 258) or its equivalent in pre-lslamic custom, when the dower could be claimed back. This is also forbidden. Or the harshness may be exercised in another way: a divorced woman may be prevented by those who have control of her, from remarrying unless she remits her dower. All kinds of harshness are forbidden.
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Lit., "if you desire the exchange of a wife in place of a wife and you have given one of them a treasure (qintar), do not take away anything thereof". The allusion to the "exchange" of one wife for another is a clear indication of the Qur'anic view that a monogamous marriage is the desirable norm.
I.e., by falsely accusing her of immoral conduct in the hope of regaining her dower (see note [18] above).
Treasure: Qintar = a Talent of gold: see iii. 14, first note.
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Lit., "they have" - the reference being to all married women.
i.e., the promise to live with her in kindness or divorce her with dignity.
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Lit., "except what has come to pass earlier" - i.e., forgiven shall be he who did it before the promulgation of this Qur'anic ordinance or (in the case of a conversion in later times) before one's acceptance of Islam.
See above: iv. 19, n. 527.
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See preceding note.
This Table of Prohibited Degrees agrees in the main with what is usually accepted among all nations, except in minor details. It begins in the last verse (with father's widows or divorcees). The scheme is drawn up on the assumption that the person who proposes to marry is a man: if it is a woman, the same scheme will apply, mutatis mutandis: it will read: "your fathers, sons, brothers," etc.; or you can always read it from the husband's view of relationship, as there must always be a husband in a marriage.
"Mother" includes grandmother (through the father or mother), great grandmother, etc.; "daughter" includes grand-daughter (through son or daughter), greatgrand daughter, etc.; "sister," includes full-sister and half-sister. "Father's sister" includes grandfather's sister, etc., and "mother's sister" includes grandmother's sister, etc.
"Fosterage" or milk-relationships play an important part in Muslim Law, and count like blood-relationships: it would therefore seem that not only foster-mothers and foster-sisters, but foster-mother's sister, etc., all come within the prohibited degrees.
It is generally held that "under your guardianship" is a description, not a condition.
"Sons" includes grandsons.
The bar against two sisters in marriage together applies to aunt and niece together, but not to deceased wife's sister.
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The term muhsanah signifies literally "a woman who is fortified [against unchastity]", and carries three senses: (1) "a married woman", (2) "a chaste woman", and (3) "a free woman". According to almost all the authorities, al-muhsanat denotes in the above context "married women". As for the expression ma malakat aymanukum ("those whom your right hands possess", i.e., "those whom you rightfully possess"), it is often taken to mean female slaves captured in a war in god's cause (see in this connection 8:67 , and the corresponding note). The commentators who choose this meaning hold that such slave-girls can be taken in marriage irrespective of whether they have husbands in the country of their origin or not. However, quite apart from the fundamental differences of opinion, even among the Companions of the Prophet, regarding the legality of such a marriage, some of the most outstanding commentators hold the view that ma malakat aymanukum denotes here "women whom you rightfully possess through wedlock"; thus Razi in his commentary on this verse, and Tabari in one of his alternative explanations (going back to 'Abd Allah ibn 'Abbas, Mujahid, and others). Razi, in particular, points out that the reference to "all married women" (al-muhsanat min an-nisa'), coming as it does after the enumeration of prohibited degrees of relationship, is meant to stress the prohibition of sexual relations with any woman other than one's lawful wife.
Lit., "with your possessions" - i.e., offering them, as the Law demands, an appropriate dower.
Cf. verse {4} of this surah, and the corresponding note.
A man was not allowed to have a relationship with a bondwoman who he had taken captive in war unless he made sure she was not pregnant. This was verified by her having at least one monthly cycle. See footnote for 4:3.
Whom your right hands possess: i.e., captives.
After defining the prohibited degrees, the verse proceeds to say that women other than those specified may be sought in marriage, but even so, not from motives of lust, but in order to promote chastity between the sexes. Marriage in the original Arabic is here described by a word which suggests a fortress (hisn): marriage is, therefore, the fortress of chastity.
As the woman in marriage surrenders her person, so the man also must surrender at least some of his property according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality.
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The phrase lam yastati' tawlan is often taken to mean "he is not in a position to afford", i.e., in the financial sense; but Muhammad 'Abduh very convincingly expresses the view that it applies to all manner of preventive circumstances, be they of a material, personal or social nature (Manar V, 19).
In this context, ma malakat aymanukum (lit., "those whom your right hands possess") denotes women who were captured in a holy war and have subsequently embraced Islam. In the above phrase, the pronoun "you" refers to the community as a whole.
I.e., since all human beings - whatever their outward "social status" - are members of one and the same human family, and are therefore equal to one another in the sight of God (cf. 3:195 ), it is only the strength or weakness of faith which makes one person superior or inferior to another.
Lit., "and not taking unto themselves secret love-companions". This passage lays down in an unequivocal manner that sexual relations with female slaves are permitted only on the basis of marriage, and that in this respect there is no difference between them and free women; consequently, concubinage is ruled out.
The weaker social status of a slave makes her, obviously, more accessible to temptation than a free married woman is presumed to be.
I.e., to those who for one reason or another are unable to marry free women and are, at the same time, not equal to the temptations arising from celibacy. As is made clear in the next sentence, the Qur'an discourages such marriages - obviously with a view to removing a major attraction from the institution of slavery as such, and thus promoting its abolition.
Do not be ashamed to marry a bondwoman since you are all part of the same human family and Allah knows you are doing so to avoid illegal relationships.
A married slave-woman is forbidden from having a relationship with her master.
i.e., fifty lashes.
That is, captives taken in a Jihad: If you seek such a person in marriage, do it from no base motives. Safeguard your faith, and see that she too does believe. In that case, after all, she is of the human brotherhood, and her condition is accidental and redeemable. If the slave bore a child to her master, she would become free.
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An allusion to the genuine religious teachings of the past, which aimed at bringing about a harmony between man's physical nature and the demands of his spirit - a harmony which is destroyed whenever asceticism is postulated as the only possible alternative to licentiousness (see also surah {2}, note [118]). This allusion arises from the discussion of sexual morality in the preceding passages devoted to marital relations.
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Lit., "want you to deviate with a tremendous deviation".
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I.e., to remove, by means of His guidance, all possibility of conflict between man's spirit and his bodily urges, and to show him a way of life in which these two elements of human nature can be harmonized and brought to full fruition.
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If the particle illa preceding the above clause is given its usual meaning of "except" or "unless it be", the phrase ought to be rendered thus: "unless it be [an act of] trade based on mutual agreement". This formulation, however, has baffled many a commentator: for, if taken literally, it would imply that wrongful profits from trading based on mutual agreement are excepted from the general prohibition, "Devour not one another's possessions wrongfully" - a supposition impossible to maintain in view of the ethics postulated by the Qur'an. To obviate this difficulty, most of the commentators express the opinion that the particle illa has in this context the meaning of "but", and that the clause ought to be understood as follows: "but it is lawful for you to profit from one another's possessions by way of legitimate trade based on mutual agreement". However, quite apart from the fact that this interpretation is highly laboured and artificial, it does not explain why "legitimate trade" should have been singled out here as a sole means of lawfully deriving economic benefits from one another - for, as Razi rightly points out in his commentary on this verse, "it is no less lawful to benefit economically through a gift, a bequest, a legal inheritance, alms, a dower, or an indemnity for injuries received: for there are, aside from trade, many ways of acquiring possessions [lawfully]". Why, then, should trade alone have been stressed? - and, moreover, stressed in a context not particularly devoted to matters of trade? A really satisfactory answer to this puzzle can, in my opinion, be obtained only through a linguistic consideration of the particle illa. Apart from its usual connotation of "except" or "unless it be", it has sometimes - as has been pointed out in both Qamus and Mughni - the meaning of the simple conjunction "and" (wa); similarly, if it is preceded by a negative clause, it can be synonymous with "nor" or "and neither" (wa-la): as, for instance, in {27:10-11}, "no fear need the message-bearers have in My Presence, and neither (illa) need he who...", etc. Now if we apply this particular use of illa to the passage under consideration, we arrive at the reading, "nor [shall you do it] by means of trade based on mutual agreement", or simply, "not even by way of trade based on mutual agreement" - whereupon the meaning immediately becomes obvious: the believers are prohibited from devouring another person's possessions wrongfully even if that other person - being the weaker party - agrees to such a deprivation or exploitation under the stress of circumstances. The reading adopted by me logically connects, moreover, with verse {32}, which admonishes the believers not to covet one another's possessions.
Let me paraphrase this verse, for there is profound meaning in it. (1) All your property you hold in trust, whether it is in your name, or belongs to the community, or to people over whom you have control. To waste is wrong. (2) In ii. 188 the same phrase occurred, to caution us against greed. Here it occurs, to encourage us to increase property by economic use (traffic and trade), recalling Christ's parable of the Talents (Matt. xxv. 14-30), where the servants who had increased their master's wealth were promoted and the servant who had hoarded was cast into darkness. (3) We are warned that our waste may mean our own destruction ("nor kill or destroy yourselves.") But there is a more general meaning also: we must be careful of our own and other people's lives. We must commit no violence. This is the opposite of "trade and traffic by mutual good-will." (4) Our violence to our own brethren is particularly preposterous, seeing that Allah has loved and showered His mercies on us and all His creatures.
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Lit., "by way of [deliberate] transgression and wrongdoing" ('udwanan wa-zulman).
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