یٰۤاَیُّهَا O (you who) الَّذِیْنَ (O) you who اٰمَنُوا believe اذْكُرُوا Remember اللّٰهَ Allah ذِكْرًا (with) remembrance كَثِیْرًاۙ much وَّ سَبِّحُوْهُ And glorify Him بُكْرَةً morning وَّ اَصِیْلًا and evening هُوَ He الَّذِیْ (is) the One Who یُصَلِّیْ sends His blessings عَلَیْكُمْ upon you وَ مَلٰٓىِٕكَتُهٗ and His Angels لِیُخْرِجَكُمْ so that He may bring you out مِّنَ from الظُّلُمٰتِ the darkness[es] اِلَی to النُّوْرِ ؕ the light وَ كَانَ And He is بِالْمُؤْمِنِیْنَ to the believers رَحِیْمًا Merciful 33. Al-Ahzab Page 424 تَحِیَّتُهُمْ Their greetings یَوْمَ (on the) Day یَلْقَوْنَهٗ they will meet Him سَلٰمٌ ۚۖ (will be) Peace وَ اَعَدَّ and He has prepared لَهُمْ for them اَجْرًا a reward كَرِیْمًا noble یٰۤاَیُّهَا O Prophet النَّبِیُّ O Prophet اِنَّاۤ Indeed, We اَرْسَلْنٰكَ have sent you شَاهِدًا (as) a witness وَّ مُبَشِّرًا and a bearer of glad tidings وَّ نَذِیْرًاۙ and (as) a warner وَّ دَاعِیًا And as one who invites اِلَی to اللّٰهِ Allah بِاِذْنِهٖ by His permission وَ سِرَاجًا and (as) a lamp مُّنِیْرًا illuminating وَ بَشِّرِ And give glad tidings الْمُؤْمِنِیْنَ (to) the believers بِاَنَّ that لَهُمْ for them مِّنَ (is) from اللّٰهِ Allah فَضْلًا a Bounty كَبِیْرًا great وَ لَا And (do) not تُطِعِ obey الْكٰفِرِیْنَ the disbelievers وَ الْمُنٰفِقِیْنَ and the hypocrites وَ دَعْ and disregard اَذٰىهُمْ their harm وَ تَوَكَّلْ and put your trust عَلَی in اللّٰهِ ؕ Allah وَ كَفٰی And sufficient is Allah بِاللّٰهِ And sufficient is Allah وَكِیْلًا (as) a Trustee یٰۤاَیُّهَا O you who believe الَّذِیْنَ O you who believe اٰمَنُوْۤا O you who believe اِذَا When نَكَحْتُمُ you marry الْمُؤْمِنٰتِ believing women ثُمَّ and then طَلَّقْتُمُوْهُنَّ divorce them مِنْ before قَبْلِ before اَنْ [that] تَمَسُّوْهُنَّ you have touched them فَمَا then not لَكُمْ for you عَلَیْهِنَّ on them مِنْ any عِدَّةٍ waiting period تَعْتَدُّوْنَهَا ۚ (to) count concerning them فَمَتِّعُوْهُنَّ So provide for them وَ سَرِّحُوْهُنَّ and release them سَرَاحًا (with) a release جَمِیْلًا good یٰۤاَیُّهَا O Prophet النَّبِیُّ O Prophet اِنَّاۤ Indeed, We اَحْلَلْنَا [We] have made lawful لَكَ to you اَزْوَاجَكَ your wives الّٰتِیْۤ (to) whom اٰتَیْتَ you have given اُجُوْرَهُنَّ their bridal money وَ مَا and whom مَلَكَتْ you rightfully possess یَمِیْنُكَ you rightfully possess مِمَّاۤ from those (whom) اَفَآءَ Allah has given اللّٰهُ Allah has given عَلَیْكَ to you وَ بَنٰتِ and (the) daughters عَمِّكَ (of) your paternal uncles وَ بَنٰتِ and (the) daughters عَمّٰتِكَ (of) your paternal aunts وَ بَنٰتِ and (the) daughters خَالِكَ (of) your maternal uncles وَ بَنٰتِ and (the) daughters خٰلٰتِكَ (of) your maternal aunts الّٰتِیْ who هَاجَرْنَ emigrated مَعَكَ ؗ with you وَ امْرَاَةً and a woman مُّؤْمِنَةً believing اِنْ if وَّهَبَتْ she gives نَفْسَهَا herself لِلنَّبِیِّ to the Prophet اِنْ if اَرَادَ wishes النَّبِیُّ the Prophet اَنْ to یَّسْتَنْكِحَهَا ۗ marry her خَالِصَةً only لَّكَ for you مِنْ excluding دُوْنِ excluding الْمُؤْمِنِیْنَ ؕ the believers قَدْ Certainly عَلِمْنَا We know مَا what فَرَضْنَا We have made obligatory عَلَیْهِمْ upon them فِیْۤ concerning اَزْوَاجِهِمْ their wives وَ مَا and whom مَلَكَتْ they rightfully possess اَیْمَانُهُمْ they rightfully possess لِكَیْلَا that not یَكُوْنَ should be عَلَیْكَ on you حَرَجٌ ؕ any discomfort وَ كَانَ And Allah is اللّٰهُ And Allah is غَفُوْرًا Oft-Forgiving رَّحِیْمًا Most Merciful 33. Al-Ahzab Page 425 تُرْجِیْ You may defer مَنْ whom تَشَآءُ you will مِنْهُنَّ of them وَ تُـْٔوِیْۤ or you may take اِلَیْكَ to yourself مَنْ whom تَشَآءُ ؕ you will وَ مَنِ And whoever ابْتَغَیْتَ you desire مِمَّنْ of those whom عَزَلْتَ you (had) set aside فَلَا then (there is) no جُنَاحَ blame عَلَیْكَ ؕ upon you ذٰلِكَ That اَدْنٰۤی (is) more suitable اَنْ that تَقَرَّ may be cooled اَعْیُنُهُنَّ their eyes وَ لَا and not یَحْزَنَّ they grieve وَ یَرْضَیْنَ and they may be pleased بِمَاۤ with what اٰتَیْتَهُنَّ you have given them كُلُّهُنَّ ؕ all of them وَ اللّٰهُ And Allah یَعْلَمُ knows مَا what فِیْ (is) in قُلُوْبِكُمْ ؕ your hearts وَ كَانَ And Allah is اللّٰهُ And Allah is عَلِیْمًا All-Knower حَلِیْمًا Most Forbearing لَا (It is) not یَحِلُّ lawful لَكَ for you النِّسَآءُ (to marry) women مِنْۢ after (this) بَعْدُ after (this) وَ لَاۤ and not اَنْ to تَبَدَّلَ exchange بِهِنَّ them مِنْ for اَزْوَاجٍ (other) wives وَّ لَوْ even if اَعْجَبَكَ pleases you حُسْنُهُنَّ their beauty اِلَّا except مَا whom مَلَكَتْ you rightfully possess یَمِیْنُكَ ؕ you rightfully possess وَ كَانَ And Allah is اللّٰهُ And Allah is عَلٰی over كُلِّ all شَیْءٍ things رَّقِیْبًا۠ an Observer
(33:41) Believers, remember Allah much
(33:42) and glorify Him morning and evening.78
(33:43) It is He Who lavishes His blessings on you and His angels invoke blessings on you that He may lead you out of darkness into light. He is Most Compassionate to the believers.79
(33:44) On the Day they meet Him they will be greeted with: “Peace.”80 He has prepared for them a generous reward.
(33:45) O Prophet,81 We have sent you forth as a witness,82 a bearer of good tidings, and a warner,83
(33:46) as one who calls people to Allah by His leave,84 and as a bright, shining lamp.
(33:47) Announce to the believers the good tidings that Allah has kept bounteous blessings in store for them.
(33:48) Do not yield to the unbelievers and the hypocrites, and disregard the hurt that comes from them, and put your trust in Allah. Allah suffices as the Guardian to entrust one's affairs to.
(33:49) Believers, when you marry believing women and then divorce them before you have touched them,85 you may not require them to observe a waiting period that you might reckon against them. So make provision for them and release them in an honourable manner.86
(33:50) O Prophet, We have made lawful for you your wives whose bridal dues you have paid,87 and the slave-girls you possess from among the prisoners of war, and the daughters of your paternal uncles and paternal aunts, and the daughters of your maternal uncles and maternal aunts who have migrated with you, and a believing woman who gives herself to the Prophet and whom he wants to take in marriage.88 (O Prophet), this privilege is yours alone to the exclusion of other believers.89 We know well what restrictions We have imposed upon them as regards their wives and those whom their right hands possess, (and have exempted you from those restrictions) that there may be no constraint upon you.90 Allah is Most Forgiving, Most Merciful.
(33:51) Of them you may put off any of them you wish, and you may take any of them whom you wish, and you may call back any of those whom you had (temporarily) set aside: there will be no blame on you (on this account). It is likelier that they will thus be comforted, and will not grieve, and every one of them will be well-pleased with what you give them.91 Allah knows what is in your hearts. Allah is All-Knowing, All-Forbearing.92
(33:52) Thereafter women will not be lawful for you, and it will not be lawful for you to take other wives in place of them, even though their beauty might please you,93unless they be those whom your right hand owns.94 Allah is watchful over everything.
78. The Muslims are instructed about what they should do when the Messenger of God is under fire: they should neither remain silent spectators to the malicious propaganda against him, nor should they be influenced by the false reports circulating about him. Equally important, they should not stoop to the low behavior of his detractors who hurled abuses at them. Rather, they should remember God all the more. The directive to glorify God morning and evening signifies that we should constantly praise and worship Him. (This is also explained in n. 63 above.) Glorifying God, in any case means constantly declaring God's holiness rather than simply counting the beads of a rosary.
79. The Muslims are told that the unbelievers' hostility and rancor towards them emanate from the fact that God has favored the Muslims by raising among them His Messenger (peace be on him) who has brought them out from the darkness of unbelief into the light of faith. Moreover, thanks to him, they have been able to attain moral excellence under his guidance. Thanks, again, to the Messenger's teachings, the treasures of faith and moral excellence were granted to them. They should, therefore, not act in any way that might deprive them of God's mercy.
Coming to the word Salah, when it is followed by the preposition 'alā, its purpose being to signify God's Salah on His servants; it denotes His mercy, compassion and benevolence towards them. When it is used with reference to the Salah of angels in regard to human beings, it means that the angels pray that God may shower His mercy and favor upon them.
When it is said that God invokes Salah on the believers it means that God raises their esteem in the sight of others. As a result, they are not only praised by their fellow human beings but also by the angels.
80. The Qur’anic text here reads: "On the Day they meet Him, they will be greeted with: Peace".
This statement gives rise to the following three meanings: (i) God will greet them, as is stated elsewhere in the Qur'ān, with the word: "Peace".
"Peace shall be the word conveyed to them from the Lord Most Merciful".
(Yā' Sin 36:58.) (ii) The angels will greet the believers, as is mentioned in al-Naḥl 16:32: "Those whose souls the angels seize while they are in a state of purity, saying: 'Peace be upon you. Enter Paradise as a reward for your deeds." (iii) The believers will greet one another by invoking peace. This point also features in the following verse: Their cry in it will be: "Glory be to You, Our Lord!", and their greeting: "Peace", and their cry will always end with: "All praise be to Allah, the Lord of the universe" (Yūnus 10:10).
81. After counselling the Muslims, God now addresses the Prophet (peace be on him) and conveys to him words of solace and assurance The purpose of these words is to reassure the Prophet (peace be on him) that God has conferred upon him a position of eminence, that his opponents will not be able to cause him any harm by raising a storm of opposition against him. He should, therefore, not let their vile accusations distress him. Instead, he should continue to carry out his duties and let his detractors indulge in their ravings. All men, both believing and unbelieving, should realize that the Prophet (peace be on him) enjoys san exalted status conferred upon him by God.”
82. The Qur’an makes a very significant point in mentioning the Prophet (peace be on him) as a “witness”. As to the testimony offered by him, it would be of the following three types.
i. He should bear verbal testimony to those truths and norms which constitute the faith prescribed by God. He is required to publicly proclaim that Islam represents the truth and whatever is contrary to it is falsehood. People may dismiss the Islamic doctrines about God S existence, His Oneness, the existence of angels, Revelation, Life-after-Death, and Paradise and Hell as sheer lies and make the Prophet (peace be on him) the butt of ridicule and mockery.
They may also reject them as implausible, thereby dubbing the Messenger (peace be on him) as an enchanted one. God’s Prophet (peace be on him) is, nevertheless, obliged to proclaim these doctrines with impunity and brand those who refuse to believe in them to be in error. Likewise, God’s Prophet (peace be on him) is required to publicly proclaim the moral concepts, culture and civilization, and the values, norms and codes that God revealed to him. He is duty-bound to affirm them and dismiss all notions in vogue in the world that are discordant with the Divine scheme of things as false. Likewise, he must uphold as lawful what the Shariah pronounces as lawful, regardless of popular beliefs about these matters. By the same token, he must strictly abide by the injunctions of the Shari'ah as regards what is unlawful, even though people may regard these as lawful.
ii. Apart from verbal testimony, he should also bear testimony by his deeds. In other words, he should practice in his own life whatever he preaches. His own conduct should be free from even an iota of what he declares to be evil and sinful. Also, the virtues he preaches should be most gloriously reflected in his own life and character.
He should be most eager to carry out whatever he declares to be obligatory. He should be keener than everyone else to shun whatever he declares to be sinful. He should also spare no effort in putting into effect the Law that he declares to be God’s Law. His own character and conduct should bear out how very committed and sincere he is to the cause that he espouses. Furthermore, his life should embody the teachings of Islam and serve as a living model for mankind. This, then, will help people to realize what kind of human beings Islam would like to give shape to. It should also give them an idea of the kind of character that Islam cherishes and the way of life that it seeks to establish.
iii. The Prophet (peace be on him) is also required to be a witness in the Hereafter. On the Day of Judgement, the Prophet (peace be on him) will testify that he had faithfully conveyed what was revealed to him by God and that he did not shirk from his responsibility. It is on the basis of his testimony that it will be decided who deserves what recompense.
It is clear, therefore, that the Prophet's task as a witness is an onerous one and only a very outstanding personality can accomplish it. It also goes without saying that the Prophet (peace be on him) did not falter even to the slightest extent in discharging his duty as long as he lived.
He will, therefore, affirm on the Day of Judgement that he had clearly demonstrated the truth to people. This will constitute God’s “persuasive argument against people”: Had the Prophet (peace be on him), God forbid, shirked his responsibility even in the least, he would be in no position to act as a witness against people on the Day of Judgement. Nor would a case be proved against the unbelievers who rejected the truth.
Some people twist this Qur’anic concept of the Prophet's testimony to mean that he will bear testimony to everyone’s actions on the Day of Judgement. Going by this logic, the Prophet (peace be on him) is supposed to watch all that people do. For, had it been otherwise, he could not give such testimony. The Qur’an, however, provides no basis for such an interpretation. According to the Qur’an, God has put in place an elaborate, independent arrangement for recording all of man’s actions.
“Angels prepare every human being’s record of deeds (See Qaf5U:17-18 and al-Kahf 18:49). Man’s limbs too, will testify to his deeds (Ya Sin 36:65, and Ha’ Mim al-Sajdah 41:20-21). The Prophets are not supposed to bear testimony to man’s actions. Rather, their testimony will be to the effect that they conveyed the truth to mankind. The Qur’an makes this point quite specifically: The Day when Allah will gather together the Messengers and say: “What answer were you given?” They will reply: “We have no real knowledge of it. You alone fully know all that lies beyond the reach of perception” (al-Ma’idah 5:109).
When the Prophet Jesus (peace be on him) will be asked about the Christians’ enmeshment in error, he will say: I watched over them as long as I remained among them; and when You did recall me, then You Yourself became the Watcher over them (al-Ma‘idah 5:117).
These passages clearly state that the Prophets will not bear testimony to men’s actions. As to the testimony offered by them, the Quran states this in utterly emphatic terms:
And it is thus that We appointed you to be the community of the middle way, so that you might be witnesses to all mankind and the Messenger might be a witness to you (al-Baqarah 2:143).
(O Muhammad), warn them of the coming of a Day when We shall bring forth a witness against them from each community and We shall bring you forth as a witness against them all (al-Nahl 16:89).
It is evident from the above that the Prophet's role as a witness on the Day of Judgement will not essentially be any different from that of his community, whereby it too will be a witness against the whole of mankind. Likewise, there will also be witnesses against every community.
Had this testimony been related to each and every individual's actions, it would have meant that all of these witnesses and the entire Muslim community are omnipresent, all-hearing and all-seeing, which is clearly out of the question. However, if this testimony is taken in its restricted sense of conveying the message of the Creator to His servants, the Prophet Muhammad (peace be on him) will, no doubt, be brought forth as a witness on this count.
This view is endorsed and amplified by several ahadith recorded by Bukhari, Muslim, Tirmidhi, Ibn Majah, Ahmad ibn Hanbal and other prominent compilers of ahadith on the authority of ‘Abd Allah ibn Mas’ud, ‘Abd Allah ibn ‘Abbas, Abu al-Darda’, Anas ibn Malik and a number of other Companions. Common to all these ahadith is the point that on the _ Day of Judgement the Prophet (peace be on him) will see some of his Companions going or being pushed in a direction away from him. Upon observing this he will submit: “O God! They are my Companions”. God will, however, tell him that he does not know the deeds they committed afterwards, that is, after his demise. (Bukhari, Kitab al-Anbiya’, Bab wa Ittakhadha Ibrahim Khalila; Muslim, Kitab al-Taharah, Bab Istihbab Italat al-Ghurrah; Ahmad ibn Hanbal, Musnad, narrated by Anas ibn Malik; Tirmidhi, Kitab Sifah al-Qiyamah, Bab ma ja’ fi Sha’n al-Hashr and Ibn Majah, Sunan, Kitab al-Zuhd, Bab Dhikr al-Hawd.).
That this is the case is clarified on the authority of many Companions, and with such.an extensive chain of narrators that its authenticity is beyond contest. This conclusively establishes that the Prophet (peace be on him) is not a witness to each and every action of each member of his community.
Coming to the hadith that states that the actions of the Prophet's community are presented before him, this too does not run counter to this point. (Tirmidhi, Kitab Fada’il al-Qur’an.) That hadith only states that God keeps the Prophet (peace be on him) abreast of the state of his community's condition. It does not suggest in any way that the Prophet (peace be on him) watches at first-hand each and every action taken by the members of his community.
83. One should not lose sight of the difference between the pronouncements of ordinary mortals and Prophets. An ordinary person may give the tiding that sound faith and good deeds will lead to wholesome results. He may also warn people against the evil consequences of unbelief and evil deeds. All this is very different from the tidings and warnings of the person who is sent down by God specifically as the bearer of good tidings and warner. The pronouncements of a Prophet, since he is designated by God, are authoritative and hence binding on people. The good conveyed by a Prophet indicates that a particular action is commendable and merits reward in God’s sight, on Whose behalf he declares that act to be so. On the other hand, when he warns against an evil action, then, this is also on God’s authority. It must, therefore, be either a sinful and forbidden act and consequently whosoever is guilty of committing it is bound to be punished. This characteristic is not shared by the warnings and good tidings conveyed by any person other than the Prophets, for the latter are not designated by God to make such pronouncements.
84. Once again, the difference between the preaching of an ordinary person and that of a Prophet is brought out. Anyone may invite people to the truth. However, none other than a Prophet enjoys God’s sanction to perform this task. A mission does not simply consist of the mere preaching of the truth. In carrying out this task, he enjoys God’s full support.
Therefore, opposition to him amounts to waging war against God.
This may be better understood in the light of our everyday experience whereby obstructing a government functionary from performing his duty is regarded as an act of rebellion against the state itself.
85. It is patently clear that the expression nikah refers to marriage.
Lexical authorities define nikah in a variety of ways. For some, it carries metaphorical expression. Others take the opposite view, insisting that it signifies sexual intercourse. Each group seeks to substantiate its view by citing passages from Arabic poetry. Raghib al-Isfahani, however, emphatically claims that the root meaning of nikah is marriage and that itis used only metaphorically for copulation. He, thus, rules out that its literal meaning is copulation. He argues that all expressions for copulation in all languages are regarded as obscene. Hence it is to be taken essentially in the sense of marriage. (See al-Mufradat fi Gharib al-Qur’an, q.v.,nkh) In the light of the Qur’an and the Sunnah, it is a term signifying marriage, or copulation after marriage. Nowhere does the Qur’an employ this word for copulation outside marriage. The words used for that are zina and safah.
86. This is an isolated verse which was presumably revealed with reference to a divorce case that arose at that time. Thus it has been placed _ between the preceding discourse and the one that follows.
It lays down the following legal provisions:
i. The verse speaks of “believing women”. This would imply that the law promulgated here would not apply to women of the People of the Book. ‘Ulama’, however, are agreed that the same law applies to the women of the People of the Book. If a Muslim marries a woman of the People of the Book, the same laws regarding divorce, bridal-due, waiting period and maintenance that apply to Muslim women apply to women of the People of the Book. That only Muslim women are mentioned in this verse is interpreted by ‘ulama’ to mean that the Qur’an implies that Muslim women are truly worthy to be marriage partners. It is, however, doubtlessly lawful to marry a Jewish or Christian woman, though it is not preferable. It would appear from the Quranic statement that God expects believing men to marry believing women.
ii. The word mass, literally meaning “touching”, here figuratively signifies sexual intercourse. Hence, if the husband has been with his wife in privacy and has even physically touched her, his divorcing her should apparently not entail any waiting period if he had actually not had sexual intercourse with her. However, out of precaution, fuqaha’ have given the ruling that if true privacy takes place — that is, a privacy in which sexual intercourse could take place — then the divorced woman is required to observe the waiting period. The waiting period can only be waived if the husband divorced his wife before having had true privacy with her.
iii. In case divorce is pronounced before the occurrence of privacy, the waiting period is revoked and the husband forfeits the right to take that woman back as his wife, and she instantly becomes free to remarry. It is nonetheless worth reiterating that this is applicable only if she is divorced before privacy takes place. However, if the husband dies before enjoying such privacy, the waiting period is not waived. Instead, the widow has to observe the waiting period.
of four months and ten days, the same as for a woman whose marriage has been consummated. A widow’s remarriage is not valid before the expiry of this waiting period.
iv. “You may not require them to observe a waiting period” underscores the husband’s right during the waiting period. Yet he is not privileged with rights, but is rather correspondingly encumbered with the rights he owes his children and the rights he owes God or the Shari‘ah. The husband’s right proceeds from the fact that during the waiting period he is entitled to take his wife’ back. Moreover, the paternity of any child is contingent upon the proof of the pregnancy or otherwise of the divorced wife during _ the waiting period. This right of the child results from the fact that if the child’s paternity is established, he will be entitled to certain legal rights. Moreover, his social and moral status will also depend upon his unblemished paternity. As for the rights of God (or of the Shariah), it should be noted that even if someone were to neglect his child’s rights, the Shari'ah nonetheless provides protection for those same rights. For example, if a husband authorizes his wife in writing that he does not require her to observe the waiting period, should he die or divorce her, the Shariah will still not allow the waiting period to be waived.
v. The directive: “So make provision for them and release them in an honorable manner”, may be followed in either of two ways: (a) If the bridal due was fixed at the time of contracting the marriage, a and then the husband divorces his wife before enjoying true privacy with her, he is obliged to repay half of the bridal due. This point is explicitly made in al-Baqarah 2:237. Although one is not obliged to pay anything over and above this, it is nonetheless commendable to make some additional provision for the wife. For instance, it is desirable that apart from returning half the bridal due to his wife, she should also be allowed to retain the bridal garments presented by the husband tc her or any other items given to her as gifts at the time of marriage. (b) If the bridal due was not fixed at the time of marriage, the husband is obliged to give some present to his wife.
This, however, depends upon his capacity and financial condition, as specified in al-Baqarah 2:236. A section of ‘ulama’, however, insists that divorced women should be given some present, irrespective of whether the bridal due was fixed or not. (As a term of fiqh, mut‘at al-talaq refers to the assets given to the divorced wife at the time when she leaves her husband’s place in consequence of divorce.)
vi. “To release them in an honorable manner” does not consist only of graciously bidding farewell to the divorced wife after giving her some present. Rather, the directive means that [even when it is absolutely necessary] to terminate the marital bond, it should be done with good grace. If the husband does not like his wife, for one reason or another, or has some grievance against her, she may still be released gracefully, and the parting of company, too should be graceful. The husband for instance, should refrain from publicizing her weaknesses which might deter others from marrying her.
It is evident from the verse that to tie up divorce with the permission of a public committee or court is discordant with the underlying spirit and wisdom of God’s law on this matter. This because such procedure does not leave any room for honorable separation between the spouses. In such a case, even if the husband does not want it so, things could get out of control, eventually leading to mutual recrimination, defamation, humiliation and embarrassment. This verse, even otherwise, does not admit that the husband's right to divorce should be made contingent on its acceptance by a public committee or court of law, for the verse clearly invests the husband with the right to divorce his wife.
It also obliges him to pay half of the bridal due or an amount in keeping with his financial! status to his wife if he divorces her before enjoying privacy with her. The thrust of the verse is unmistakable: the husband is put under a financial obligation if he wants to exercise his right to divorce. This is in order that if he wants to divorce his wife, he should exercise this right after due the matters that are vitally related to the two families confined to them alone, thus not providing any opportunity for unrelated outsiders to interfere. This can possibly be achieved if the husband is not obligated to explain to others why he is divorcing his wife.
vii. In view of the wording of the Qur’anic text, “When you marry ... and then divorce”, ‘Abd Allah ibn ‘Abbas, Sa‘id ibn al-Musayyib and Ahmad ibn Hanbal contend that divorce is valid only after the marriage has been contracted. Thus, divorce prior to marriage is null and void. For example, if one were to say: “Divorce be upon a woman of such and such tribe or community, if I marry her”, such a statement is void. It does not bring about divorce. This ruling is supported by the following ahadith. The Prophet (peace be on him) said: “The son of Adam does not have the right to divorce [the woman] on whom he has no right”. (Tirmidhi, Kitab al-Talaq, Bab fi ma ja’a anna la Talaq qabl al-Nikah; Ibn Majah, Kitab al-Talaq, Bab Ia Talaq qabl al-Nikah; Abu Da’ud, Kitab al-Talaq, Bab fial-Talaq qabl al-Nikah, and Ahmad ibn Hanbal, Musnad, narrated by ‘Abd Allah ibn ‘Amr ibn al-‘As.) In a similar vein is the hadith: “There can be no divorce before marriage”. (Ibn Majah, Kitab al-Talaq, Bab — la Talaq qabl al-Nikah.) However, many Fiqh scholars maintain that this is applicable only to a case when one divorces a woman one is not married to. Such a divorce is without substance. However, if one were to say: “Divorce be upon you if I marry you”, then this statement is not governed by the import of the verse under study and the above-quoted ahadith, for it amounts to a declaration of divorce as and when one marries a certain woman. This statement is not void. Rather, it leads to instant divorce whenever the man concerned marries that woman. There is, however, some divergence of opinion among jurists regarding the scope of such a divorce.
In the opinion of Abu Hanifah, Muhammad ibn al-Hasan and Zufar, if one specifies a particular woman of a certain community or tribe, such a divorce does come into force. According to Abu Bakr al-Jassas, ‘Umar, ‘Abd Allah ibn Mas’ud, Ibrahim al-Nakha’‘l, Mujahid and ‘Umar ibn ‘Abd al-‘Aziz held the same opinion.
Sufyan al-Thawri and ‘Uthman al-Batti maintain that divorce comes into force only when a person specifically mentions a particular woman and says that divorce be upon her if he marries her. Hasan ibn Salih, Layth ibn Sa’d and ‘Amir al-Sha’bi hold the same view, arguing that this is a general statement that should be qualified (takhsis). In other words, it should be qualified by reference to a specific family, tribe, town, country or people. Ibn Abi Layla and Malik, however, disagree with this and state that along with all this a certain time period should also be specified.
For example, if a person says that, if he marries a particular woman or a woman of such and such group or tribe say within ten years then divorce be upon her, divorce will come into force. If such a time period is not mentioned the divorce does not come into force.
Malik further adds that the time period should be a reasonable one. If it is longer than an average life span, divorce will not come into force. (Jassas, Ahkam al-Qur’an, comments on verse 49 and Ibn Kathir, Tafsir, comments on verse 49.)
87. This is a rejoinder to the charge against the Prophet (peace be on him) that while he forbade others from marrying more than four wives at a time, he himself had taken a fifth wife. It may be recalled that the ‘Prophet (peace be on him) had the following four wives at the time of his marriage to Zaynab: ‘A’ishah, Sawdah, Hafsah and Umm Salamah. He had married Sawdah three years before Hijrah. He married ‘A’ishah in _ the same year, though she moved into the Prophet’s house in Shawwal 1 AH/623 CE. The Prophet's marriage with Hafsah was solemnized in Sha‘ban 3 AH/625 CE and with Umm Salamah in Shawwal 4 AH/626 CE. Thus Zaynab was his fifth wife. The unbelievers and hypocrites used this as a pretext to raise much hue and cry. God, however, declares in the Qur’an that it was He Who had sanctioned the Prophet's fifth marriage, and that it was He Who had placed the above restriction on all Muslims but had exempted the Prophet (peace be on him) from the same. Since - God has the right to lay down a rule, there is no reason why He cannot exempt someone from that rule. It should, however, be noted that the aim’ of this statement was not to satisfy the unbelievers and hypocrites. Rather, it sought to put the minds of Muslims at rest. Since they believed the Qur’an to be the infallible Word of God, this verse fully convinced them that the Prophet (peace be on him) had not maneuvered this exemption for himself. Rather, it is God Who had granted him this privilege.
88. Apart from granting the Prophet (peace be on him) the right to marry Zaynab, his fifth wife, God also granted the Prophet (peace be on him) permission to marry the following categories of women: (i) Women whom the Prophet (peace be on him) possessed as bondswomen.
While availing himself of this permission, the Prophet (peace be on him) chose for himself Rayhanah from among the prisoners of war taken after the Battle of Bani Qurayzah, Juwayriyah from among the prisoners of war taken after the Battle of Bani al-Mustaliq, Safiyah from among the prisoners of war taken after the Battle of Khaybar and Mariyah the Copt who was presented to him by Muqawqis of Egypt. Of these, he set the first three free before marrying them. However, he had had conjugal relations with Mariyah as his bondswoman. It has not been quite established whether he freed her prior to marrying her. (ii) Next come the daughters of his paternal and maternal uncles and aunts who had “migrated with him” in God’s cause. The Prophet (peace be on him) was permitted to marry any of them. The expression “who have migrated with him” [to wit, the Prophet] - does not mean that they actually travelled in his company to Madinah. What is meant here is simply that they too had migrated in Islam’s cause just as the Prophet (peace be on him) had done. In conformity with this permission granted by God, the Prophet (peace be on him) married Umm Habibah in 7 AH/628 CE. Also implicit in the verse is the Quranic sanction for marrying both paternal and maternal cousins. In this respect, the Islamic Shariah is markedly different from both Judaism and Christianity. A Christian male may not marry any woman whose line of descent joins his anywhere in the last seven generations. At the other end of the scale, a Jew may marry his own niece (that is, the daughter of his brother or sister.) (iii) A believing woman who was dedicated to the Prophet (peace be on him), that is, one who was prepared to enter into wedlock without claiming any bridal due and was so accepted by the Prophet (peace be on him). In accordance with this provision, the Prophet (peace be on him) married Maymunah in Shawwal 7 AH/629 CE. Prior to this, however, he did pay her bridal due, something that she herself had neither desired nor asked for.
This explains the attitude of those Qur’an-commentators who argue that the Prophet (peace be on him) did not marry anyone who had dedicated herself to him. What this statement means is that he paid the bridal due even in this instance.
89. One possible meaning of the verse is that it is not lawful for any other Muslim to marry a woman without paying her bridal due. Were this verse to be read together with the verses above, it would mean that the permission to have more than four wives is specific to the Prophet (peace be on him) alone, and is not a right enjoyed by any other Muslim.
One thus realizes that certain commands are specific only to the Prophet (peace be on him) and are not shared by other Muslims. A careful study of the Qur’an and the Sunnah reveals several injunctions of this kind. For example, Tahajjud Prayer was made obligatory for the Prophet (peace be on him) whereas it is nafl (supererogatory) for all other Muslims.
Furthermore, it was forbidden for the Prophet (peace be on him) and his household to accept charity while it is not unlawful for other Muslims.
Also, the Prophet's inheritance may not be given to his heirs. All other Muslims are, however, bound by the law of inheritance, as laid down in Surah al-Nisa’ 4:11-12. The Prophet (peace be on him) was also allowed to have more than four wives, but it was not made obligatory for him to render full justice between them. He was also allowed to marry without giving any bridal due to a woman who had dedicated herself to him.
Furthermore, the Prophet’s wives were not allowed to marry any other Muslim after his demise. These special provisions were exclusively applicable to the Prophet (peace be on him) and were not meant for any other Muslim. Qur’an-commentators have also identified another feature specific to him: he was not allowed to marry any woman from among the People of the Book, though every Muslim is free to do so.
90. This is the consideration because of which Prophet (peace be on him) from the general rule. The Quranic statement “Let there be no constraint upon you”, however, does not imply, God forbid, that he was allowed to have a larger number of wives because of some excessive sexual urge that would not be satisfied by only four, or that restricting him to four wives would have constrained him. Only those blinded by bigotry and prejudice would think so. For only such people can ignore the fact that the Prophet (peace be on him) married a 40-year-old lady when he was only 25. Furthermore, for a full 25 years he led a happy, married life with that wife alone. It was only after her death that the Prophet (peace be on him) married again, this time to Sawdah and for four years she was his only wife. No sane and sensible person can, therefore, buy the incredible and mischievous story that the Prophet's sex drive abruptly became so overpowering at the age of 53 that he feverish began to look around for more wives. Hence, the exemption from the limit of four wives granted to the Prophet (peace be on him) should rather be appreciated in its proper context. One should realize that the Prophet (peace be on him) was charged with an onerous task and allowance had to be made for the milieu in which he was to accomplish this task. Anyone who studies the whole matter objectively will realize why God granted him the freedom to have more than four wives and why limiting it t forum would have placed a “constraint” upon him. “The Prophet's task was to reform his crude, uncultivated people not only according to Islamic standards of conduct, but also just from the standpoint of ordinary culture and civilization. The Prophet (peace be on him) was required to cater for their education and upbringing so that they could develop into a highly civilized and refined nation. It was not - enough, therefore, just to educate men, the women’s education was just as important. The only way for the Prophet (peace be on him) to do so was to marry several women of different age groups and mental abilities and to personally see to their education so that they could assist him in his effort to bring about the much needed social reform. He was, therefore, assigned the task of educating both rural and urban, young and old women for this. purpose.
It was also part of the Prophet's assignment to eradicate the preexisting order of jahiliyah and put into effect the Islamic way of life. Hence a fierce battle with the leaders and followers of the order of jahiliyah was imminent. Let us recall that this encounter took place ina land known for its tribal mode of life, with all its attendant traditions. It was, therefore, important for the Prophet (peace be on him) to enter into alliances with different families through marital ties, which would subsequently strengthen and broaden the base of friendly relations and put an end to old enmities. In his choice of wives, one of the considerations, in addition to their personal virtues, that the Prophet (peace be on him) took into account, was their tribal affiliation. In marrying ‘A’ishah and Hafsah, the Prophet (peace be on him) reinforced his friendly relations with Abu Bakr and ‘Umar. Umm Salamah came from the family of Abu Jahl and Khalid ibn al-Walid while Umm Habibah was the daughter of Abu Sufyan. His marriage with them diminished the hostility of these families towards him. After his marriage with Umm Habibah, Abu Sufyan never openly opposed him. Safiyah, Juwayriyah and Rayhanah were all of Jewish descent. When he married them after setting them free, the Jews felt obliged to tone down their hostilities against him. According to the custom prevalent in Arabia at that time, when a person married a woman of a tribe he was regarded as the son-in-law of that whole tribe and it was quite unbecoming to be hostile towards him.
As we have noted earlier, social reform and the extirpation of pre-Islamic customs and practices were the tasks the Prophet (peace be on him) was required to accomplish. Realization of these objectives required that no obstacles should remain in the way of the Prophet marrying women as required by the exigencies of the situation.
This unmasks the error of those who believe that polygamy is permissible only for some specific personal reason and that it cannot be held as justified in any other circumstance. It is patently clear that the Prophet (peace be on him) took several wives not because any of his wives was ill, or barren, or did not give birth to a male issue, or that his concern was to bring up orphans. He did not marry for any of these considerations. Instead, his marriages resulted from the need to convey his message to the maximum number of people, to raise people according to his teachings, to bring about society's reform, as also to serve a number of other social and political objectives. Now, since God: has not made plurality of wives’ contingent upon the existence of some specific reasons to justify it, previously unheard of reasons are being mentioned in our time. Moreover, God’s Messenger (peace be on him) also married many other women and did so for reasons quite different than those presently mentioned. How, then, can there be any justification to limit the permission to have a plurality of wives by making it contingent on arbitrary conditions which were neither laid down by God nor the Prophet (peace be on him)? Not only that, how can it be claimed that these restrictions are in accordance with the Shariah? Underlying all such argumentation is the Western notion that polygamy is inherently evil. Swayed by this notion many people are of the opinion that one can only resort to this otherwise forbidden practice in highly exceptional circumstances. Notwithstanding all the efforts to provide Islamic window-dressing to establish the Islamic credentials of this notion, the fact remains that it is alien to the Qur’an, the Sunnah and the entire religious tradition of Muslims.
91. The objective of the verse was to relieve the Prophet (peace be upon him) of tensions in his family life so that he could carry out his duties with full poise and concentration. As God authorized him to treat his wives in the manner he liked, this ruled out the possibility of these believing women bothering him or making his life stressful by engaging in virulent rivalry among themselves. Notwithstanding the authority granted to him, the Prophet (peace be on him) always treated all his wives with perfect justice and did not prefer one to another. He had fixed turns for each of his wives.
Among Hadith scholars, only Abu Razin expresses the opinion that the Prophet (peace be on him) had fixed turns for only four of his wives, namely, ‘A’ishah, Hafsah, Zaynab and Umm Salamah and that the others did not have any specific turn. His version, however, is firmly denied by all other Qur’an-commentators and Hadith scholars. They adduce pieces of hard evidence, even after his being given such permission by God, that the Prophet (peace be on him) used to visit all of his wives according to their allocated turns and treated all of them equally well. Bukhari, Muslim, and Abu Da’ud cite the following tradition narrated by ‘A’ishah: “Even after the revelation of this verse it was the Prophet's practice that if he changed the turn of any of his wives, he obtained permission from the wife whose turn it was to visit another”. (Bukhari, Kitab al-Tafsir, Bab Qawl Allah Turji man Tasha’u...; Abu Da’ud, Kitab al-Nikah, Bab fi al-Qism bayn al-Nisa’ and Nasa‘I, Kitab ‘Ishrat al-Nisa’, Bab Mayl al-Rajul ila Ba’d Nisa’ihi.) Jassas reports on the authority of ‘Urwah ibn al-Zubayr that ‘A’ishah narrated to him: “In fixing turns for his wives the Prophet (peace be on him) did not prefer one to another. There was hardly a day when he did not visit all of his wives. On a day when it was a particular wife’s turn for the Prophet's stay, he did not touch any other wife”. (Jassas, Ahkkam - al-Qur’an, comments on verse 51.) ‘A’ishah also reports that during his last illness which restricted his mobility, he spent his last days at her place after securing permission from his other wives to do so. (Bukhari, Kitab al-Wudu', Bab al-Ghusl wa al-Wudu’ fi al-Mikhdab...; Muslim, Kitab al-Salat, Bab Istikhlaf al-Imam..., lbn Majah, Kitab al-Jana’iz, Bab ma ja’a fi Dhikr Marad Rasul Allah.) Ibn Abi Hatim quotes Zuhri as saying that the Prophet (peace be on him) did not deny a turn to any of his wives. The only exception on this count is Sawdah who had willingly transferred her turn to ‘A’ishah, as she had grown too old. This should not give rise to the misconception that God granted certain privileges to His Messenger in this respect or that his wives were denied their due rights. Actually, " an allowance was made for the Prophet (peace be on him) regarding the number of wives and the same consideration lay behind the bestowal of this authority upon him. In short, this ensured the peace and tranquility of the Prophet's domestic life. Moreover, it brought an end to distractions.
It was indeed a great privilege for his wives to be associated with him as their marriage partner. It also enabled them to assist him in his task of preaching the truth and reforming society. The Prophet (peace be on him) sacrificed all he had in this cause and was joined in this noble task by his male Companions. His wives were directed, in equal measure, to make similar sacrifices. This explains why his' Wives accepted this Divine judgement willingly. (Alusi, Ruh al-Ma‘ani, comments on verse 51.)
92. This served as a note of warning to his wives and for all others in respect of their attitude towards the Prophet (peace be on him). As for the Prophet's wives, they cannot escape Divine punishment if they nurse any grudge after the promulgation of the Divine command laid down in this verse. Other people are also warned that if they entertain any misgiving about the Prophet's family life, even if it just be in their hearts, then they will be punished. This is followed by the observation that God is Most Forbearing. This underscores the point that if one frees one’s mind of insolent misgivings towards the Prophet (peace be on him) one may expect to be pardoned by God.
93. This is open to the following two meanings: (i) it is not lawful for the Prophet (peace be on him) to marry any woman besides those listed in verse 50 of this surah. (ii) Since his wives have pledged their total commitment to him and preferred the Abode of the Hereafter to this life and are content with their treatment by the Prophet (peace be on him), it is no longer permissible for him to divorce them with others; any of them and replace with others.
94. This makes it quite clear that one may have sexual relations with women whom one’s right hand possesses in addition to one’s wives. There is no fixed number of such women. This point is also made in al-Nisa’ 4:3, al-Mu’minun 23:6 and al-Ma‘arij 70:30. In all these instances, such women are placed under an independent category besides wives. These verses allow one to have sexual relations with such women. Al-Nisa’ 4:3 restricts the number of wives to four. However, God did not place any restriction on the number of other such lawful women. Nor is any suggestion to that effect made in any other verse. However, the Prophet (peace be on him) is told in this verse that it is not lawful for him to marry any more wives from now onwards. Nor may he substitute one wife with another by divorcing one. However, he is free to take those women whom his right hand possesses, meaning that they are lawful to him. That their number has not been fixed is evident from the verse.
This does not, however, mean that the Shari‘ah allows the affluent to purchase an unlimited number of slave girls in order to gratify their sexual urges. This is, in fact, an undue advantage that has been derived by those given to self-indulgence by this Qur’anic provision. The legislation was aimed at facilitating life, rather than to be exploited by those who wanted to indulge in excessive sex. Let us clarify the misuse of this by the following illustration. The Shari'ah allows a man to have up to four wives. It also grants him the right to divorce his wife and replace her with another wife. This law was made in view of the exigencies of human life. However, if one abuses this provision by divorcing one’s full quota of four wives after short periods of time and replaces them with new wives, this amounts to abusing and tampering with the spirit of the law.
Anyone who is guilty of this is responsible for his own misconduct. The Shariah cannot be faulted on this count. Likewise, the Shari'ah allows that women prisoners of war, whom the enemy is not willing to redeem by an exchange of prisoners or ransom, may be taken as slaves. The state may assign them to certain people who are thereby entitled to have sexual relations with them. This is an effective measure to prevent sexual anarchy in society. Now, since the number of prisoners of war cannot be anticipated, the Shariah has not fixed a maximum number of male and female slaves whom a person may have.
The buying and selling of slaves has also been made lawful in consideration of the fact that if any slaves, whether male or female, find themselves incompatible with their master, they may then seek a new master. Otherwise, a permanent, irrevocable tie between a master and his slaves would have been a cause of much suffering for both. The laws of the Shariah seek to meet and facilitate the needs of people in a whole range of circumstances. If the rich abuse any provision of the Shariah, they themselves are to blame rather than the Shariah.