Commentary :

An Ethical Ordinance

Certainly this verse has been revealed after the law of division of heritage, because it says:

" And when the relatives and orphans and the needy are present at the division (of heritage), give them (something), ..."

Though the terms ' orphans ' and ' the needy ' are mentioned in the abstract form, the purpose of it is the orphans and the needy of the relatives. Then, at the end of the verse, it says:

"... and speak to them kind words."

(9) وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا خَافُواْ عَلَيْهِمْ فَلْيَتَّقُوا اللّهَ وَلْيَقُولُواْ قَوْلاً سَدِيدًا

9. " And let those fear who, if they left behind them weakly children, would fear on their account, so let them be in awe of Allah, and let them speak right words." 

Commentary :

As the Islamic literature denotes, devouring the wealth of orphans has reflections both in this world and in the coming world. In this world, as the verse indicates, the damage reaches to the offsprings, and in the Hereafter, there will be the Hell Fire (which is referred to in the next verse).

The meaning of the verse may refer to the prohibition of abnormal donations and bequests that they bequeath or remit the whole property they have lest their small and weak children be left in poverty and misfortane after their death.

Again, the verse may work as a recommendation to those who have handicaped offsprings in order that, by proper plannings, they would provide for their future.

Explanations :

1. We must substitute the conditions of others with those of ours, to recognize the pains and difficulties better. We ought to treat the orphans with a manner that we like our orphans to be treated with it.

" And let those fear who, if they left behind them weakly children, would fear on their account, ..."

2. Whoever does a wrong action, he himself will receive its fruit. Transgression against the orphans of other people today will appear in the form of a custom in the society tomorrow, and it will involve our own orphans, too.

3. In methods of propagation, affections and innate dispositions should be utilized, too.

"... if they left behind them weakly children, ..."

4. Beside providing food and clothing, the orphans are in need of love, affection, and guidance.

"... and let them speak right world."

5. There should be neither treachery in the property of the orphans, nor shortcoming in their training, nor harshness in speech to them.

"... so let them be in awe of Allah, ..."

(10) إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا

10. " Verily; those who devour the properties of the orphans unjustly, certainly they swallow Fire into their bellies, and they shall enter the burning Fire."

Commentary :

In Tafsir Al-Mizan, this verse has been taken as an evidence for the embodiment of deeds in Hereafter. Devouring the property of the orphan will turn to Fire on Resurrection Day.

Devouring the property of the orphan is unlawful when it is done unjustly and with transgression. Else, the usual holding familiar intercourse, which does not cause a loss or damage to the orphans and there is not any evil intention towards devouring their property, is admissible. The Qur'an says:

"... they are your brothers. And Allah knows well the mischief-maker from the peace-maker; ..."

Explanation :

The apparent shape, here, is devouring the property of the orphan, but the real feature of it will be made manifest in the form of Fire in the Hereafter.

(11) يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَا نَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ اللّهِ إِنَّ اللّهَ كَانَ عَلِيما حَكِيمًا

Section 2 

Law of Inheritance

11. " Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; and if they are more than two females, then they will have two-thirds of the inheritance; and if there is (only) one, she will have the half; and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, but if he has no child and his parents be his heirs, then his mother shall have the third, and if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt. You do not know which of your parents and your children is closer to you in usefulness. (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise."

Commentary :

There are ordinances of inheritance mentioned in some other religions, too. For instance, in the Torah, the Book of Numbers, Chapter 27, verses 8 to 11 some laws of inheritance are referred to. They are as follows: 

8. And thou shalt speak unto the children of Israel, saying, If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter. 

9. And if he have no daughter, then ye shall give his inheritance unto his brethren. 

10. And if he have no brethren, then ye shall give his inheritance unto his father's brethren. 

11. And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as the Lord commanded Moses.

It should also be noted that Jesus (a.s.) has approved, in the Bible, the same law of the Turah.

In Islam, the inheritance of a person, who has no inheritor, is given to the Islamic judge and Imam.

The pre-Islamic Arab deprived women and small children from inheritance. 

The Portions of Inheritance:

In this verse, the ordinance of the first class of inheritors (children, fathers, and mothers) has been mentioned. At first, it says: 

" Allah enjoins you concerning your children: The male shall have the equal of the portion of two females;..."

This meaning is a kind of emphasis on the portion of daughters taking from the inheritance and challenging with the traditions of the people in the Age of Ignorance who deprived women totally. Then the verse denotes that if the heirs of the diseased are exclusively two daughters or more than that, two-thirds of the inheritance belongs to them. It says :

"... and if they are more than two females, then they will have two-thirds of the inheritance; ..."

But if there remains only one daughter, she will have half of the whole inheritance. The verse says: 

"... and if there is (only) one, she will have the half; ..."

Now, the inheritance of fathers and mothers, who are also involved in the first class of inheritors and are in the same row with the children, is classified in three states: The first state: is when the diseased person has an offspring or offsprings; then there will be one sixths of the inheritance for the father and again the same portion for mother. It says thus: 

"... and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, ..."

 The second state: is when there exists no child and the inheritors are only the parents. In this case one thirds of the whole wealth belongs to the mother and the rest of it belongs to the father, as the verse says: 

"... but if he has no child and his parents be his heirs, then his mother shall have the third, ..."

The third state: is when the inheritors are only parents and he has no offspring but he has brother(s) from the side of his parents or only from the side of his father. Then, the portion of the mother decreases from one third to one-sixth and the remaining five-sixth of the inheritance belongs to the father. It says: 

"... and if he has brothers, then his mother shall have the sixth, ..."

In fact, brothers, who do not inherit anything, prevent the additional amount of the inheritance of the mother, and that is why, in Arabic language, they are called: /h¤ajib/ 'chamberlain'. Then, the Qur'an says that all of these things are after fulfilling the bequest that the diseased has bequeathed, and paying his debts, saying thus: 

"... after (the payment of) a bequest he may have bequeathed or a debt. ..."

It should be noticed, of course, that only one third of the property can be bequeathed on. Therefore, if a person bequeaths more than that, it is not valid unless the heirs permit. In the next sentence, it says:

"... You do not know which of your parents and your children is closer to you in usefulness. ..." 

Then, at the end of the verse, it remarks that:

"... (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise."

This statement is considered as an emphasis upon the former subjects so that there remains no place for people to bargain about the laws of the portions of heritance.

Why Is the Heritance of Man Equal of the Portion of Two Women?

With reference to the Islamic literature we realize that this question has actively existed in the minds of people since the beginning of Islam. They sometimes asked questions from the leaders of Islam on this regard. For example, it is narrated that Imam Ali-ibn-Musa-r-Rida, in answer to this question, said: " The fact that the portion of women from inheritance is equal to the half of the portion of men is for the reason that when a lady marries she takes something (dower) and man should give something. In addition to that, the life expenses of the wife is upon the man while a woman has no responsibility for the expenses of man as well as that of herself."

(12) وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإ ِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ

12. " And you will have half of what your wives leave, if they have no child. But if they have a child, then you shall have a fourth of what they leave after (the payment of) any bequest they may have bequeathed or a debt; and they shall have a fourth of what you leave if you have no child, but if you have a child, then they shall have an eighth of what you leave after (the payment of) a bequest you may have bequeathed or a debt. And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth, but if they are more than that, they shall be sharers in a third after (the payment of) any bequest that does not harm (others). (This is) an ordinance from Allah, and Allah is Knowing, Forbearing."

Commentary:

Inheritance of Spouses from Each Other:

In this verse, the explanation of the heritance of spouses from each other is stated. The verse, says:

" And you will have half of what your wives leave, if they have no child..."

But if they have a child or children, even if they are from another husband, only one fourth of her property belongs to you. It says:

"... But if they have a child, then you shall have a fourth of what they leave, ..."

This distribution is, of course, after paying the debts of the wife and fulfilling her bequests upon financial affairs, as the verse says: 

"... after (the payment of) any bequest they may have bequeathed or a debt; ..."

And, if you have not any child, there will be a fourth of your heritance for your wives. It says: 

"... and they shall have a fourth of what you leave if you have no child, ..."

Then, the portion of your wives will be one eighth of your property, except for the land the explanation of which is stated in jurisprudent books. It is in the case that you have a child, even though this child is from another wife. It says: 

"... but if you have a child, then they shall have an eighth of what you leave...."

This division, similar to the previous division, is also done after the fulfilment of the bequest you have bequeathed and paying the debts. The verse, continues saying: 

"... after (the payment of) a bequest you may have bequeathed or a debt. ..."

Then, it states the ordinance of the inheritance of sisters and brothers, when it says: 

"... And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth,..."

The Arabic term /kalalah/ is used for the maternal sisters and brothers who have inheritance from the diseased person. This situation is in the condition that there remains a maternal brother and sister from the diseased person. But if they are more than one they will have, on the whole, one third. That is they must divide one third of the property among themselves. 

"... but if they are more than that, they shall be sharers in a third..."

Then it adds that this is in the case that the bequest be performed formerly and the debts be separated from the property. 

"... after (the payment of) any bequest. ..."

And, it is in the condition that it does not harm the inheritors through the bequest or confessing a debt. 

"... that does not harm (others). ..."

So, at the end of the verse, for an emphasis, it says :

"... (This is) an ordinance from Allah, and Allah is Knowing, Forbearing."

That is, this is a divine order which you must respectedly observe and He, Who has enjoined you these ordinances, is cognizant of your interests and expedients, and He is also aware of the intentions of the testators; yet, in the meantime, He is Forbearing and does not punish promptly those who treat against His command.

(13) تِلْكَ حُدُودُ اللّهِ وَمَن يُطِعِ اللّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ

13. " These are limits (set) by Allah; and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever; and this is the great success."

Commentary:

Following the discussion of inheritance in the previous verse, here, in this verse, the concerning laws are referred to as 'the divine limits', where it says: 

" These are limits (set) by Allah; ..."

These are some limits which are forbidden to pass over or transgress. Therefore, those who transgress and break the bounds of these laws are known as sinners and criminals. Then, it speaks about those who respect these limits by observing them, saying: 

"... and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever; ..."

And, at the end of the verse, it adds: 

"... and this is the great success."

(14) وَمَن يَعْصِ اللّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ

14. " And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein, and he shall have an abasing torment."

Commentary :

In this verse, other side of the coin is discussed about and those groups, who are opposite to the people mentioned in the previous verse, are referred to. It says:

" And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein, ..."

Then, at the end of the verse, the final fate of such people is pointed out, where it says:

"... and he shall have an abasing torment."

In the former sentence, the bodily punishment of the Lord was referred to, while in this concluding sentence, which speaks about abasing torment, the spiritual aspect of that punishment is pointed out.

(15) وَاللاَّتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَآئِكُمْ فَاسْتَشْهِدُواْ عَلَيْهِنَّ أَرْبَعةً مِّنكُمْ فَإِن شَهِدُواْ فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىَ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللّهُ لَهُنَّ سَبِيلاً

Section 3

Dealing with women

Punishment to immoral women and men - Tolerance for repentance - Unlawful to treat women harshly - Kindness to women enjoined.

15. " And as for those of your women who are guitly of lewdness, call to witness four of you (Muslims) against them; then if they bear witness (to the fact), confine them to the houses until death takes them away or Allah makes some way for them."

Commentary :

The punishment of filthy women who have husband and are polluted with lewdness is pointed out in the above verse, where it says:

" And as for those of your women who are guitly of lewdness, call to witness four of you (Muslims) against them; ..."

"Then, the verse continues saying:"

"... then if they bear witness (to the fact), confine them to the houses until death takes them away ..."

Thus, the punishment of lewdness for the women who have husband has been assigned 'life imprisonment' in this verse. But, immediately after that, it says:

"... or Allah makes some way for them."

From the above mentioned sense, it is understood that this ordinance had been a temporary ordinance, because later the holy Prophet (p.b.u.h.) issued the divine ordinance of 'stoning', the explanation of which is found in Islamic literature and the books of jurisprudence where you may refer to it.

(16) وَاللَّذَانَ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُواْ عَنْهُمَا إِنَّ اللّهَ كَانَ تَوَّابًا رَّحِيمًا

16. " And when two of you commit it (lewdness) punish them both, but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful." 

Commentary :

In this verse the ordinance of fornication is stated. It indicates that the man and woman, who have not spouses and commit this indecent action, lewdness, both must be punished. It says :

" And when two of you commit it (lewdness) punish them both; ..."

The punishment mentioned in this verse is a general punishment, while verse No. 2 from Sura Nur, No. 221, which assigns one hundred stripes for each of the two parties, can be a commentary and an explanation upon the above verse.

At the bottom of the verse, it points to the matter of repentance and forgiveness about these kinds of sinners, and says:

"... but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful."

In the meantime, it is understood from this ordinance that the persons who have repented of their faults should never be blamed for their former sins.

(17) إِنَّمَا التَّوْبَةُ عَلَى اللّهِ لِلَّذِينَ يَعْمَلُونَ السُّوَءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُوْلَـئِكَ يَتُوبُ اللّهُ عَلَيْهِمْ وَكَانَ اللّهُ عَلِيماً حَكِيماً

17. " Verily repentance with Allah is only for those who do evil ignorantly and then repent soon. So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

Commentary :

In the previous verse, the subject of the fulfilment of stripes upon those who commit indecency, fornication, as their punishment with repentance, was clearly stated. In the above verse, some of its conditions are mentioned, too. It says: 

" Verily repentance with Allah is only for those who do evil ignorantly..."

The purpose of the usage of the term 'ignorantly' in the above mentioned verse is the violence of instincts and the domination of the strong low desires, and their conquest over the strength of intellect and faith. In this state, the knowledge of man about sins, although does not vanish completely, under the influence of those strong instincts becomes affected and, actually, remains futile. So, when the knowledge of man loses its effect, it will practically be equal to ignorance.

In the next sentence, the Qur'an has pointed to one of other conditions of repentance, where it says:

"... and then repent soon. ..."

"That is, they regret from their actions soon and return to Allah, since a complete repentance is that which, on the whole, wipes out the remaining effects of sins from the spirit and mind of the person. After mentioning the conditions of repentance, the verse concludes as such:"

"... So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

(18) وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الآنَ وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُوْلَـئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا

18. " And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent', nor for those who die while they are disbelievers. Those are they for whom We have prepared a painful torment."

Commentary :

Those whose repentance is not accepted is referred to in this verse. It says:

" And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent,'..."

"The second group whose repentance is also not accepted are those who pass away while they are infidels. The verse says about them:"

"... nor for those who die while they are disbelievers. ..."

In fact, the verse indicates that those who have repented from their sins and they had been safe and sound and had a good faith, but at the time of death they were not faithful, their former repentance is futile, too. At the end of the verse, it says about both groups: 

"... Those are they for whom We have prepared a painful torment."

(19) يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا

19. " O' you who have Faith! It is not lawful for you to inherit the women against their will, and do not straiten them in order that you may take a part of what you have given them, unless they are guilty of manifest lewdness; but deal kindly with them, and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it".

Occasion of Revelation :

It is narrated from Imam Baqir (a.s.) that the above verse was revealed about the men who used to keep their wives without treating with them as a spouse, waiting for their death in order to possess their properties.

Commentary: 

The verse may hint to the fact that only the wealth is heritable, and the wife of a man after his death does not belong to any one as heritage. After the death of her first husband, a woman can choose another husband with her own decision.

Explanations :

 1. Islam is the defender of the rights of women. 

" O' you who have Faith! It is not lawful for you to inherit the women against their will, ..."

2. Women have the right of possession.

"... to inherit the women...."

3. Conjugal life should be based on mutual love, not on taking possession of wealth.

4. Taking back the dower forcefully is unlawful. 

"... and do not straiten them in order that you may take a part of what you have given them, ..."

"... unless they are guilty of manifest lewdness, ..."

5. Women should be treated well. 

"... but deal kindly with them ..."

6. Many of goodnesses lie among the unpleasant things.

"... and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it."

(20) وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلاَ تَأْخُذُواْ مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً

20. " And if you intend to take one wife in place of another and you have given one of them a considerable property then do not take anything of it. Would you take it by slandering (her) and with manifest wrong ? "

Commentary: 

At the Age of Ignorance, when some men desired to marry another wife, he would denigrate his first wife so that she had to remit her dower in order that the husband might divorce her. After that, the husband could marry another woman with the same dower that he had taken back. This verse blames the custom of the pagans of that time.

Explanations :

1. Remarriage is admissible from the point of Islam.

" And if you intend to take one wife in place of another. ..."

2. Divorce is in the authority of man. 

3. Islam is the defender of the rights of women, and prohibits it if the second marriage might waste the rights of the first wife. 

"... and you have given one of them considerable property ..."

4. Wives have possession and their whole wealth must be given to them completely.

"... then do not take anything of it. ..."

5. One of the worst sorts of transgression is taking the property of others by justifying, denigrating and defaming them.

"... would you take it by slandering (her) and with manifest wrong ? "

(21) وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا

21. " And how can you take it (back) when one of you has already gone in to the other and they have taken from you a firm covenant ? "

Commentary :

This verse indicates that in the fulfilment of propagations and forbidding wrong, human's affections should be utilized either. (You that, for a long time, have had a whole relationship with your wife and have obtained your wishes, why do you take back her dower unjustly now ? ) Then, at the time of misfortunes of life, former pleasures should be remembered, too.

" And how can you take it (back) when one of you has already gone in to the other? ..."

The marriage contract is a firm covenant; therefore, breach of promise is not proper.

"... and they have taken from you a firm covenant."

(22) وَلاَ تَنكِحُواْ مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاء إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاء سَبِيلاً

22. " And do not marry women whom your father married, except what has already passed; verily it is indecent and hateful and it is an evil way."

Commentary :

One of the customs in the pre-Islamic era of Ignorance was that whenever a person passed away, his offsprings would marry their step mother (their fathers' wife).

It happened that one of the Helpers, called Abu-Qays, passed away and his son suggested to marry his step mother. The woman said that she should ask the matter from the Messenger of Allah (p.b.u.h.). When she went to the Prophet (p.b.u.h.) and told him the matter, this verse was revealed and prohibited the marriage with step mother.

" And do not marry women whom your father married, except what has already passed; verily it is indecent and hateful and it is an evil way."

(23) حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّ تِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا

Section 4

Women who may be taken in wedlock

"Unlawful to wed blood and foster relations - Not to marry two sisters at a time - To marry free women - Laws regards wedding slave girls."

23. " Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughers of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives, and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, there shall not be a sin on you (to marry their daughters), and the wives of your sons who are of your own loins. And (it is forbidden to you) that you should have two sisters together (at the same time), except what has already passed, verily Allah is Forgiving, Merciful."

Commentary :

In this verse, those women with whom marriage is forbidden are pointed out. This prohibition comes forth through three ways: 1) Birth of progeny, genealogical relationship; 2) marriage, (casual relationship); 3) suckling, (foster relationship).

The marriages with the above mentioned relatives, which had occurred before the revelation of this verse, were forgiven. The prohibition of marriage with some relatives had been enjoined in the former divine religions, too. For example, the Torah, book of Leviticus, Chapter 18, verses 6 to 23 are as follows:

6. None of you shall approach to any that is near of kin to him, to uncover their nakedness: I am the LORD.

7. The nakedness of thy mother, shalt thou not uncover: She is thy mother; thou shalt not uncover her nakedness.

8. The nakedness of thy father's wife shalt thou not uncover: it is thy father's nakedness.

9. The nakedness of thy sister, the daughter of thy father, or daughter of thy mother, whether she be born at home, or born abroad, even their nakedness thou shalt not uncover. 

10. The nakedness of thy son's daughter, or of thy daughter's daughter, even their nakedness thou shalt not uncover: for their's is thine own nakedness. 

11. The nakedness of thy father's wife's daughter, begotten of thy father, she is thy sister, thou shalt not uncover her nakedness. 

12. Thou shalt not uncover the nakedness of thy father's sister: she is thy father's near kinswoman. 

13. Thou shalt not uncover the nakedness of thy mother's sister: for she is thy mother's near kinswoman. 

14. Thou shalt not uncover the nakedness of thy father's brother, thou shalt not approach to his wife: she is thine aunt. 

15. Thou shalt not uncover the nakedness of thy daughter in law: she is thy son's wife; thou shalt not uncover her nakedness. 

16. Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness. 

17. Thou shalt not uncover the nakedness of a woman and her daughter, neither shalt thou take her son's daughter, or her daughter's daughter, to uncover her nakedness; for they are her near kinswomen: it is wickedness. 

18. Neither shalt thou take a wife to her sister, to vex her, to uncover her nakedness, beside the other in her life time. 

19. Also thou shalt not approach uncover to a woman to uncover her nakedness, as long as she is put apart for her uncleanness. 

20. Moreover thou shalt not lie carnally with thy neighbour's wife, to defile thyself with her. 

21. And thou shalt not let any of thy seed pass through the fire to Molech, neither shalt thou profane the name of thy God: I am the LORD. 

22. Thou shalt not lie with mankind, as with womankind: it is abomination. 

23. Neither shalt thou lie with any beast to defile thyself therewith: neither shall any woman stand before a beast to lie down thereto: it is confusion. 

Explanations:

1. The authority of enjoining things to be unlawful (such as alcoholic liquore, some bargains, and married women) is wholy up to Allah. 

" Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughters of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives, ..."

2. Consider the daughters of your wife from her previous husband who are brought into your house, as your own daughters, and be as a trainee for them, since you are their father.

"... and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, then there shall not be a sin on you (to marry their daughters),..."

3. The wives of your sons, who are from your own dynasty, are unlawful for you to marry, and the wives of your adopted sons, as well. 

"... and the wives of your sons who are of your own loins...."

4. The contemporary marriage with two sisters usually draws them toward personal jealousy and competition and, finally, their love and affections may be led to detestation. The prohibition may be for this reason. The verse says:

"... And (it is forbidden to you) that you should have two sisters together (at the same time), ..."

This is The End of Part Two

(24) وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا

24. " And all married women (are forbidden unto you to marry) except those whom your right hands possess (by Allah's decree in the battle against infidels). It is a written legislation of Allah unto you; and lawful for you are (all women) besides those that you may seek (them) by means of your wealth (as dower) taking them into marriage and not committing fornication. Then as to those of whom you seek content (by temporary marriage), give them their dowries as a duty; and there is no blame on you in whatever you mutually agree after the duty. Verily Allah is All-Knowing, All-Wise."

Commentary:

For non-Muslims, captivity is counted as divorce. It is like the Faith of a woman that when her husband continues his infidelity and the woman has embraced Islam, the very belief separates her from her husband.

To take in marriage a woman who has husband is unlawful from the point of Islam. The woman may be from any nation and with any religion. But captivity is like divorce, and a captive woman should observe a waiting term for one month (one menstruation) from the time she is captured, and if she is in pregnancy period, she must wait until she is delivered of her child. Thus, during this period, no conjugal connection is admissible with her.

This matrimonial device, as a permanent or contemporary spouse, is better than the device of returning her to the infidels or leaving her alone with no guardian.

" And all married women (are forbidden unto you to marry) except those whom your right hands possess (by Allah's decree in the battle against infidels). It is a written legislation of Allah unto you; and lawful for you are (all women) besides those that you may seek (them) by means of your wealth (as dower) taking them into marriage and not committing fornication. ..."

According to several traditions narrated from the holy Imams of Ahlul-Bayt (a.s.), and also according to many commentary books recorded by the scholars of the Sunnis, this phrase of the verse refers to temporary marriage where the above-mentioned holy verse says:

" ... Then as to those of Whom you seek content (by marriage), give them their dowries as a duty. and there is no blame on you in whatever you mutually agree after the duty. Verily Allah is All-Knowing, All-Wise. "

(25) وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِن مِّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ وَاللّهُ أَعْلَمُ بِإِيمَانِكُمْ بَعْضُكُم مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللّهُ غَفُورٌ رَّحِيمٌ

25. " And whoever among you is not able to financially afford to marry free believing women, then (let him marry) of those (slaves or captives) whom your right hands possess from among your believing maidens; and Allah better knows your faith; you are (sprung) one from the other, so marry them with the permission of their masters and give them their dowries in fairness, they being chaste, not committing lewdness, nor taking paramours. And if when they are married they commit lewdness, their punishment is half that for free women. This (kind of marriage) is for those among you who fear falling into evil. But to have patience would be better for you, and Allah is Forgiving, Merciful."

(2)

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