The Benefits of the Verse: “O you who believe, it is not lawful for you to inherit women against their will, nor to oppress them…”
Machine translationRead the Arabic original
Among the benefits of this verse is the prohibition of inheriting women in a manner that they dislike, as was practiced in the pre-Islamic age of ignorance, as indicated by His saying: [Al-Baqarah 2:229]. Another benefit is that the negation of permissibility implies prohibition, because negating something affirms its opposite. Another benefit is that if a man inherits a woman in a manner that she is pleased with, there is no harm, but this is conditioned by the approval of the Shari'ah. For example, if a man marries the wife of his deceased paternal cousin, there is no harm. If he marries the wife of his deceased brother with her consent and a valid Shari'ah contract, there is no harm. What if he marries the wife of his grandfather? There is no harm. Is she forbidden? Well, the grandfather is not a brother. The grandfather… we have discussed this in inheritance, but not according to the stronger opinion. That is enough. Another benefit is the prohibition of oppressing a woman without right to make her ransom herself, as indicated by His saying: [An-Nisa 4:19]. Another benefit, which is a point of discussion, is the indication that khul' (divorce at the wife's request for compensation) should not be for more than what he gave her, as indicated by His saying: . However, this benefit may be discussed by saying that Allah mentioned oppressing her to take some of what He gave her to clarify that oppressing her to take anything from her, even if it is little, is forbidden, and it does not address whether taking more or less is allowed. We have previously discussed in the exegesis of Surat al-Baqarah the disagreement among scholars on whether a man is allowed to take more than what he gave her in khul' or not, and we explained that there are three opinions on this issue: permissibility, prohibition, and dislike. Another benefit is the permissibility, indeed the variation, of the address, as indicated by His saying in the first part: [An-Nisa 4:19] and in the second part: . This is if we consider "la" to be a prohibitive particle. If we consider it a negative particle for emphasis and estimate the verse to mean "nor that you oppress them so that you may take," then the speech is on a single pattern. Is that correct? The verse is ambiguous; it can be that "la" is a prohibitive particle and is a prohibitive particle, or that the waw is a conjunction and "la" is an extra particle for emphasis and is conjoined to His saying: [An-Nisa 4:19], meaning "nor that you oppress them." If it is the first case, there is a difference in style; if it is the second, the style is on a single pattern. However, it is undoubtedly a feature of eloquence, clarity, and rhetoric that the style and address vary when rhetoric requires it. Another benefit is that the mahr (bridal gift) belongs to the woman, as indicated by His saying: , meaning what you gave them. This is indeed the case, and we have passed through the beginning of the surah where it is very clear that the mahr is the right of the woman in His saying: [An-Nisa 4:4]. Accordingly, if she is of legal age and sound mind, the matter is up to her if she waives part or all of the mahr from her husband, and no one has the right to object. Also, it is not permissible for anyone to take any part of the mahr, whether by choice or by force, until the contract is completed and the wife owns her mahr. At that time, she may donate whatever she wishes to whomever she wishes, if she is capable of donating. Is that correct? Good. Another benefit is that bad treatment is a cause that permits oppressing a woman to make her ransom herself. Where is this taken from? From His saying: [An-Nisa 4:19], meaning you have the right to oppress them to take some of what We gave them. Another benefit is the obligation to treat the woman with kindness, as indicated by His saying: . Another benefit is the consideration of custom, specifically the referral of the ruling to custom, as indicated by His saying: . Allah the Exalted has referred to custom in several places, such as His saying: [Al-Baqarah 2:233]. However, this custom, which is the norm, is not relied upon or referred to if it contradicts the custom of the Shari'ah, because the Shari'ah is decisive and the judge over custom. Another benefit is the indication that a husband should be patient if he sees from his wife what he dislikes, for the outcome may be good, as indicated by His saying: [An-Nisa 4:19]. Another benefit is that although the ruling was mentioned regarding the dislike of the wife, the cause is general. Often, a person dislikes something, and Allah, Glorified and Exalted is He, makes its outcome good and beneficial for him. This is an observed and tangible matter. The outcome may not be good, but generally, the promise of Allah is true and will be fulfilled. If someone asks: Is "perhaps" here for certainty or for hope? It is for hope. The scholars said that "perhaps" from Allah is obligatory, meaning if Allah says "perhaps", the matter is obligatory and will occur. They said that among such instances is His saying: [An-Nisa 4:99]. This is because hope regarding Allah, Mighty and Majestic, is not applicable, as He is the One who disposes and manages. Hope is only for one who does not possess the thing and hopes for it from another. Accordingly, the verse is a promise from Allah that whoever is patient seeking the Face of Allah regarding what he dislikes, and calculates the reward of Allah, that Allah will make much good in it, and this promise will be fulfilled for him. If this promise is not fulfilled, it is due to the existence of a barrier; otherwise, the promise of Allah is true. Another benefit is the affirmation of the attribute of Allah, Mighty and Majestic, of "making" (j'al). Where is this taken from? From His saying: [An-Nisa 4:19]. We have explained in the past that "making" is either cosmic or legislative. Which is more common in the Qur'an, cosmic or legislative? Cosmic. Most of the "making" in the Qur'an is cosmic, not legislative? [Al-Ma'idah 5:97], although this can be interpreted as cosmic making. Among such instances is His saying: [Al-Ma'idah 5:103], meaning He did not make it a law, even if He made it a decree. And similarly His saying: [An-Nisa 4:15], which we recently passed through. Another benefit is the permissibility of the existence of dislike between a Muslim man and his brother, as indicated by His saying: [An-Nisa 4:19]. Thus, Allah affirmed dislike as a condition and in reality. Undoubtedly, it is possible for a person to dislike his Muslim brother, but he is commanded, if he finds in his heart dislike for his Muslim brother, to think about why he disliked him. If it is for a Shari'ah matter, let him advise his brother about this thing so that it is removed and the dislike is removed. If it is for other than a Shari'ah matter, but merely dislike as happens, he must treat himself of this disease, because one of the strongest ties of faith is love in Allah. If that is the case, and he finds that this man dislikes him with ordinary dislike, not due to a flaw in his religion or character, he must treat this disease until he removes the dislike of his brothers from his heart. [An-Nisa 4:19] Then he said: Good, now it is time for questions.
