307. Sayyid writes: It is apparent from the many enquiries that the Companions of the Prophet were making about women during the early phase of life at Madinah, that it was nothing but their newly acquired sensitivity about what is right and what is wrong that invoked them to ask those questions. They suspected everything that they had inherited from the days of jahiliyyah, and expected that the newest guidance would either modify the old practices, or annul them altogether. This reflects among the new Muslims who enquire about some very simple cultural practices of non-Muslim societies, whether they are allowed in Islam or not (Au.).

308. “In accordance with the system prevailing throughout the Qur’an, a lengthy passage dealing with purely moral or ethical questions is usually - as in the present case - followed by verses relating to social legislation, and this with a view to bringing out the intimate connection between man’s spiritual life and his social behavior” (Asad). Ibn `Abbas has said that the pre-Islamic Arabs did not allot a share to women in inheritance. When Islam came, some men enquired about what was due to them and Allah answered them to the effect that what is due has already been stated at the beginning of this chapter, which, as a matter of fact, you have not been giving them (Ibn Jarir). Some have said that even after the revelation of earlier verses, some people remained in doubts, thought that the instructions were not adequate, and made more enquiries, responding to which Allah revealed this and the last few verses of this chapter (Razi, Qurtubi and others).

309. The phrase is so constructed in the original, that it can be understood either way: as adopted by us, viz., “you desire to marry them” or, alternatively, “you are, in fact, averse to marrying them” (Zamakhshari, Razi and others). According to `A’isha, this later part of the verse refers to those girls who were orphaned, who inherited wealth, and their guardians themselves wanted to marry them, in order to lay hands on their wealth. (This report is in Bukhari: Ibn Kathir). Sa`id b. Jubayr has a more complete explanation. He says that in pre-Islamic days the Arabs did not allot a share to women and children in the inheritance. When Allah revealed the earlier parts of this chapter, which included women and children as the inheritors, they felt it a bit hard upon them, wondering how could those who did not contribute to the creation of wealth, be given a share. They hoped the rules would be abrogated by fresh revelations. But when that did not happen, they spoke to the Prophet and Allah responded with these verses (Ibn Jarir).

310. “Taking the Holy Qur’an as the work, not of God but of the Prophet, says a Christian writer: ‘One of the most commendable things which one finds in reading the Qoran is the solicitude which Muhammed shows for the young, and specially for such as have been deprived of their natural guardians. Again and again he insists upon a kind and just treatment being accorded to children. And working upon his words, the Muhammedan doctors have framed a system of rules concerning the appointment and duties of guardians which is more complete, and extending to the most details’ (Roberts)” - Majid.

311. It has been generally understood that the reference by the “orphans” is to those girls who inherited wealth. If they happened to be beautiful their guardians themselves took them in wedlock, but if they were not, they prevented their marriage to others until they died, after which they inherited their wealth. The guardians were admonished by this verse to be fair with them, as well as with the oppressed children, not only in matters of inheritance, but in every other affair. Accordingly, whenever a case was brought up before the second caliph `Umar, he advised the guardian to look for a better suitor than himself to marry off the orphaned girl, if she happened to be beautiful and wealthy. However, if she happened to be not so good looking and poor, then `Umar told the guardian that he had greater rights to her and therefore ought to take her into wedlock (Ibn Jarir, Zamakhshari).

312. According to the great majority the verse purports to say that if a man does not approve of his wife, because of lack of charm, ill manners, old age, infertility, or whatever, and intends to divorce her, but she on her part does not want a separation, then they can work out a compromise by which she forgoes some of her rights, such as the right of equal visits, or of maintenance, and, in return he retains her. Such amicable settlement is, according to the revelation, better than separation. Suddi has pointed out that this happened in the case of Sawdah bint Zam`ah whom the Prophet wished to divorce, but she requested that she be retained and in return she would relinquish the right of her day to `A’isha (Ibn Jarir, Razi). The report about Sawdah is in Bukhari, Tirmidhi, Abu Da’ud and others (Ibn Kathir, Shawkani). Shafi` expands upon a point from Thanwi: In case of a husband and wife working out a compromise deal, the wife will lose for good only that right which is of the past, such as, for example, mahr (dower). If she pardons a part or whole of it in a deal with her husband, she loses it for good. In contrast, those of the rights that are of the future, such as, for instance, her maintenance, she does not lose them permanently, if she forgoes a part or whole of them in a deal with her husband. Whenever she wants she can rescind, and the husband will have the choice either to give her the full share, or divorce her. Further, adds Shafi`, the emphasis on a settlement between themselves, without outside interference, may be made not of, because, it is such a settlement that is expected to last. Thanwi has another point: It might occur to some that relinquishing a part of her rights by a wife in return of her husband not divorcing her, is tantamount to bribing. To others it might look as if the husband exploited the situation. To remove the doubts, which might be cast upon either of the parties, Allah said: “There is no sin...”

313. That is, an amicable settlement is better than divorce which, according to a hadith (in Abu Da’ud and Ibn Majah: Hussein):

أَبْغَضُ الْحَلَال إِلَى اللَّهِ الطَّلَا

“The most hateful of the lawful things in the sight of Allah is divorce” (Ibn Kathir). But the hadith has been declared as of Hasan status (Au.). Also, adds Shafi`, the verse gives a wide latitude to the Muslims to work out the kind of settlements and agreements between themselves that will suit the most number of people, regardless of what the ideal demands. The Prophet has said in a report of Hakim:

الصلح جائز بين المسلمين إلا صلحا حرم حلالا أو أحل حراما

“Every agreement between the Muslims is lawful except when an unlawful has been made lawful or a lawful has been made unlawful.” Mawdudi writes: “In order to appreciate the response fully one would do well to consider the query itself. In the days of Ignorance a man was free to marry an unlimited number of women, who had virtually no rights. When the preliminary verses of the present surah were revealed (see especially verse 3) this freedom was circumscribed in two ways. First, the maximum number of wives was fixed at four. Second, justice (that is, equal treatment of wives) was laid down as a necessary condition for marrying more than one. This gives rise to the question whether a person is obliged by Islam to feel equally towards each of his wives, to love each to an equal degree, and treat them equally even in respect of sexual relationship. Such questions are especially relevant with regard to a husband one of whose wives might be, say, afflicted with either sterility, permanent sickness or who is incapable of sexual intercourse. Does justice demand that if he fails to live up to the standards of equality mentioned above that he should renounce his first wife in order to marry the second? Moreover, where the first wife is disinclined to agree to annulment of her marriage, is it appropriate for the spouses to agree to make a voluntary accord between themselves, according to which the wife, towards whom the husband feels relatively less attracted, voluntarily surrenders some of her rights, prevailing upon her husband not to repudiate the marriage? Would such an act be against the dictates of justice?”

314. The generality of the statement implies that we should not be surprised or disappointed to observe a minor failing in those whom we consider perfect, since, after all, certain traits and tendencies have been placed in the human soul (Thanwi, reworded).

315. It is said that `Imran b. Hitan was an ugly dark man, but his wife a beautiful one. One day she looked hard in his face and said, “Allah be praised.” He asked, “What’s the matter.” She said, “Well, I thanked Allah, for both of us shall be in Paradise.” He asked: “And how is that?” She replied, “You got a person like me and thank Allah. I got a person like you and observe sabr. And Allah has promised Paradise to the shakirin and sabirin” (Zamakhshari).

316. This has generally been understood to be referring to the inclination of the heart. A man will never be able to love his two or more wives equally or show passion in equal measure. The Prophet himself did his best to treat his several wives equitably, but Prayed:

اللهم هذا قَسْمي فيما أملك، فلا تلمني فيما تملك ولا أملك

“O Allah. This is the best I could do within what is in my power. Do not blame me for what is in Your power, but not in my power.” (This hadith is in Abu Da’ud with good isnad: Ibn Kathir, Shawkani). In another hadith, (in Tirmidhi: Ibn Kathir) narrated by Abu Hurayrah, the Prophet said:

من كانت له امرأتان فمال إلى إحداهما، جاء يوم القيامة وأحد شقيه ساقط

“Whoever had two wives and inclined wholly toward one of them, will appear on the Day of Judgment with one half of the body drooping down” (Ibn Jarir, Kashshaf, Razi, Qurtubi). The hadith is in Tirmidhi (Shawkani), and in Nasa’i, Ibn Majah, and Albani (Syed Ibrahim). Zamakhshari adds: It is reported that `Umar sent something expensive to `A’isha. She asked the bearer: “Did `Umar send the same thing to all of the Prophet’s wives?” The man said: “No. Rather, he sent similar things to his Qurayshi wives, but some other things to non-Qurayshi wives.” She told him: “Take it back, for the Prophet used to treat his wives equally.” At that `Umar sent all of them similar gifts. And, it is reported of Mu`adh ibn Jabal, who had two wives, that when he was in the house of one, he would not make ablution in the house of the other. When the two died in the famous Syrian plague, he buried them in the same grave.

317. Thus, extending the logic, one should not give up attempting what is within one’s power, despite the fear of inadequacy, in the hope that later, he might be able to summon enough power to do it adequately, for, it might so prove, that never would he have power to do it in a manner that fully justifies the attempt. Procrastination might deprive him of whatever little that he could immediately accomplish (Thanwi).

318. That is, it is an old admonition that has been repeated over the ages, and not exclusively addressed to you (Zamakhshari).

319. Some scholars have said that this verse is the axis of the Qur’an. Everything else of the revelation revolves around this verse (Qurtubi).

320. Sayyid writes: “To Allah belongs all that is in the heavens and the earth”: this is a commonly occurring refrain. At this point it means to say that the family laws that are being dictated are part of one whole system that governs this universe, and therefore, there has to be harmony between the two - the system that governs the world and the system that governs family life. (Otherwise there would be conflict, and conflict would result in tension and unhappiness: Au.).

321. This applies to anyone who has been given wealth, power, influence, knowledge, or any other blessing, that if he does not expend it in the way of Allah, does not do what is expected of him, or does not live by it, then Allah might take away the blessing from him and give it to others (Qurtubi).

322. The same thing has been stated elsewhere more explicitly. For instance, (in 11: 15) Allah said:

مَنْ كَانَ يُرِيدُ الْحَيَاةَ الدُّنْيَا وَزِينَتَهَا نُوَفِّ إِلَيْهِمْ أَعْمَالَهُمْ فِيهَا وَهُمْ فِيهَا لَا يُبْخَسُونَ (15) أُولَئِكَ الَّذِينَ لَيْسَ لَهُمْ فِي الْآخِرَةِ إِلَّا النَّارُ وَحَبِطَ مَا صَنَعُوا فِيهَا وَبَاطِلٌ مَا كَانُوا يَعْمَلُونَ [هود : 15 ، 16]

“Whoso desires this life and its adornment, We will recompense them fully for their deeds in this world, and they shall not suffer any loss. But, they will have nothing for them in the Hereafter except the Fire. There, their efforts will be lost, and vain all that they were doing” (Ibn Jarir). Thanwi points out: This applies equally to the signs of spiritual gains in this present life, which some people eagerly await.

323. “The section ends with the assertion that God is All-Seeing and All-Hearing. This means that God is fully aware of the action of His creations and is unlike those negligent sovereigns who are blind in lavishing their favours. God governs the universe with full knowledge and awareness. He has an eye on the capacities and ambitions of all human beings and knows their qualities exactly. He is fully aware for the purposes to which people devote their efforts and energies. Anyone who wilfully decides to be dishonest to God should therefore not cherish hopes of receiving the favours reserved for those who obey Him” (Mawdudi).