Surah An-Nissa Ayah No. 20 to 23
A- Translation
٢٠ وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا
[Quran 4:20] If you intend to replace a Zouj*1 (زَوْجٍ) in place of a Zouj*1 (زَوْجٍ) and you have given one of them a heap of wealth, then do not take away from it Shayyin*2 (شَيْئًا). Would you take Mubeyyinan*3 (مُبِينًا) slander and Is’man*4 (إِثْمًا)?
٢١ وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا
[Quran 4:21] And how can you take it, when you have Afza’a*5 (أَفْضَىٰ) some of you over others and they have taken from you strong Mees’aaq*6 (مِيثَاقًا)?
٢٢ وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا
[Quran 4:22] And do not Tankahu*7 (تَنْكِحُوا) whom Nakaha*7 (نَكَحَ) your Aba’ukum*8 (آبَاؤُكُمْ) from the Nisaa*9 (النِّسَاءِ) except what Qad (قَدْ) Salafa *10(سَلَفَ). Indeed, it was a Faheshatan*11 (فَاحِشَةً) and hateful and Saa’a*12 (سَاءَ) Sabeel*13 (سَبِيلًا).
٢٣ حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا
[Quran 4:23] Hurremat*14 (حُرِّمَتْ) to you your Ummahatukum*15 (أُمَّهَاتُكُمْ) and your Banatukum*8 (َبَنَاتُكُمْ) and your sisters, and your father’s sisters, and your mother’s sisters, and Banatu*8 (َبَنَاتُ) of your brothers, and Banatu*8 (َبَنَاتُ) of your sisters, and Your Ummahatukum*15 (أُمَّهَاتُكُمُ) who nursed you, and your sisters from the nursing, and Ummahatu*15 (أُمَّهَاتُ) of your Nisaaukum*9 (نِسَائِكُمْ) and your Rabae’bukum*16 (َرَبَائِبُكُمُ) who are in your Hujurukum*17 (حُجُورِكُمْ) from Nisaa*9 (نِسَائِكُمُ) whom you had relations with, but if there is no relation with them, then there is no blame upon you. And Halaaelu*18 (حَلَائِلُ) of your Abna’ukum*8 (أَبْنَائِكُمُ) those who are biologically from you and that you gather together two sisters except what has Salafa*10 (سَلَفَ). Indeed, Allah is Ghufarun*19 (غَفُورًا) Raheem*20 (رَحِيمًا).
B- THE CONCEPT:
According to the context of these ayahs especially ayahs 4:11-4:15, which not only gives us explicit instructions with respect to someone committing Fahashi and how should we as a community deal with such behavior but also give us detailed divine instructions and process of Touba as per Quran. We have also learned from earlier ayahs that when it comes to Nisaa (as weaker segments of society), we have been advised strictly that we cannot treat them as our properties, to look down upon them, to treat them with disrespect, despised behavior, hatred, or to cause any force or compulsion on them in any manner whatsoever. We have been explicitly instructed to treat them as our kindred ones, our friends, our allies, our close associates. And our behavior with them should be Ma’roof, most acceptable and pleasant to them, by remaining within the boundaries of deen. And whatever we have extended to them or given them any gift, any valuable, any authority to be exercised, any resources etc., we cannot take it back or withdraw it in any manner. Nor can we create any hindrance, constraints in their path or make any difficulties for them in any manner to make it as an excuse to take back wherever you have given them. We always need to keep in mind that not only they are a source of Khair for us in this temporary life but also Haras for us – that is earning and sending forth for our Nafs in the Akhira.
In light of the context discussed above for the earlier ayahs, in the next Ayah 4:20, Allah says, “If you intend to replace a Zouj (زَوْجٍ) in place of a Zouj (زَوْجٍ)…” This phrase is very though provoking in the sense that as per general misconceptions among Muslims, Quran allows polygamy, a complete mistranslation and misinterpretation of Ayah no. 4:3. However if we think and ponder across all the ayahs in Quran, no where in Quran is it encouraged or even suggested. Here as well, we need to notice that the phrase is “…Replace one Zouj with Another Zouj…” Had it been allowed or even suggested by Quran to go for multiple marriages, the word Badal-replacement would not have been used, and one can simply add another wife and marry more than one wife. Additionally, the word Zouj is mentioned in this ayah which means either wife or husband as the word Zouj refers to both. The next phrase “…and you have given one of them a heap of wealth…” Although it is not highlighted that which one of the Zouj Allah is talking about, it could be either the previous one or the new one, as either one of these could be the recipient of heap of wealth as there could be numerous situations and events, that this phrase could cover. In any of these situations, whether the person has given heap of wealth to his/her previous Zouj or the next one, what the divine guidance is that “…, then do not take away from it Shayyin (شَيْئًا). …” Thus, in very explicit terms, Allah is saying that whether you have given a heap of wealth to your previous/ex-spouse or given to the new one, you can not take anything from it back. And the reasons behind this divine wisdom are explicitly mentioned in the next phrase “…Would you take Mubeyyinan (مُبِينًا) slandaer and Is’man (إِثْمًا)?” The reasons of giving explicit instructions not to take anything back from any of your Zouj, whether previous or the new one, is two folds,
- If you take anything back, then it would be like Mubayyin Slander. Since the other Zouj, would pass on a clear accusation that it is because of the other Zouj, you have done this Zulm, therefore in order to avoid this Mobayyin, clear, distinct, Slandar and accusation, it is best not to take anything back as to what has already been given to any of the Zouj and
- If you take anything back it will be equivalent to Mobayyin Is’man. As we know the word Is’m means to do something that destroys human faculties, abilities and energy, creating pain & suffering, sadness, reduced energy, losing pace with others. So here when Allah says that taking anything back from what has already been given to the Zouj, is equivalent to Maboyying Is’m means Its clear and distinct Is’m in all of its meanings in terms of destroying human faculties, abilities and energy, creating pain & suffering, sadness, reduced energy, as well as by taking over something that does not belong to you anymore, it’s tantamount to Zulm without due right.
The next ayah 4:21 explains the divine wisdom further “And how can you take it, when you have Afza’a (أَفْضَىٰ) some of you over others and they have taken from you strong Mees’aaq (مِيثَاقًا)?.” As we know the word Afzaa/Fazal is used in Quran as opposite of the word Naqs, which means insufficiency, deficiency, shortage or inadequacy. The word Fazal is also used as an opposite of problems, and troubles. The basic characteristics of the word Fazal are in terms of expanding or increasing such as used for land, conveying the meanings of vastness. The word is used in Quran for Allah’s all the bounties such as Allah’s revelations – which guide the humanity towards the right path as well as all the economic benefits such as money, wealth and property. This word is also used for provision of spouses, the success, the prosperity, the parents, etc. as well as it is used in Quran for all the worldly comfort, titles, luxury, benefits and gains. Therefore, the word is used in all of these meanings in the phrase Fazala baa’zukum ala Ba’azan- meanings Allah’s Fazal to some exceed others in different aspects. Thus, in this ayah when Allah says “How can you take it when surely Afzaa baa’zukum ala Ba’azin and they have taken from you strong Meesaq” here the word Afzaa is normally mistranslated as that one of you have gone into another, which is a completely wrong translation. Allah is saying that since Allah has given more fazal to some of you over others and they have taken from you strong Mees’aq, how can you take anything back from what was given from that Allah’s Fazal which was given to you from Allah and you have entered into a Strong Meesaq with your Zouj to act as Qawwamoon (as per Ayah 4:34). Thus, the divine wisdom is reminding us that if and when we intend to replace our Zouj with another, we can not take back whatever we have given them, since we were given all this Fazal from Allah, in order to spend and act as Qawwamoon. Once we enter into a strong Mesaaq of Nikaah, we can not take anything back, even in the situation where we intend to replace our Zouj.
The next ayah 4:22 is then giving explicit instructions, as to who we cannot enter into Nikkah with – a long-term binding the contract “And do not Tankahu (تَنْكِحُوا) whom Nakaha (نَكَحَ) your Aba’ukum (آبَاؤُكُمْ) from the Nisaa (النِّسَاءِ)…” Which means that you cannot enter into any long-term binding contract with anyone who belongs to the weaker segments, regardless of their gender or someone who is resource-starved and is dependent upon you for these resources if such binding contracts have been passed on to you from your forefathers as a sort of inheritance. This phrase basically prohibits any sort of binding arrangement with the Nissaa- the weaker segments of the society that is treated like a part of inheritance or property of the Rijaal- the resourceful segment that is passed on from one generation to the next. The next phrase “…except what Qad (قَدْ) Salafa (سَلَفَ)…” means that whatever was at the height, as per the prestige and dignity (Qad), in the traditional practices (Salfa) can be continued. Thus, such contracts with the Nissaa that were transferred as inheritance and property from one generation to the next were prohibited except those aspects which were at the height, as per the prestige and dignity in the traditional practices can be continued.
However, the next phrase highlights the wisdom behind such restriction of marrying the wives of own father “…Indeed, it was a Faheshatan (فَاحِشَةً) and hateful and Saa’a (سَاءَ) Sabeel (سَبِيلًا).” As we know the word Fahasha as per Quran is such indecent and immoral acts, whereby one crosses the boundaries of Deen and use one’s abilities, faculties and resources by remaining outside these boundaries. Both Fahashi and Sayyiaat are among the Khutuwaat of Shaiytaan- such acts and deeds which are unpleasant to our senses, which are our most disliked and despised ones, and are done by going against laws, or by acquiring something by going against laws – both laws of the land, as well as Deen. These are such acts, deeds and sayings that look ugly, unpleasant and uncomfortable as per our nature or fitrat – not just physically to our eyes but feels bad to our soul. These are done to create fasaad, to create destruction or imbalance in something or in regards to society or community; and also includes such trade that is focused on extreme selfish interests through deception and destruction for others, aiming to earn wealth and money at the cost of others and to have the worst behavior towards others by doing Zulm. Thus, when Allah says that marrying your father’s wives is Fahashetan, hateful and Saa’a way, shows how hateful and sinful this path is.
The next ayah 4:23, then continues with identification of all such relationships of trust and respect for us, whom have to be considered with Hurmat, respect and trusted relationships. “Hurremat (حُرِّمَتْ) to you your Ummahatukum (أُمَّهَاتُكُمْ) and your Banatukum (َبَنَاتُكُمْ) and your sisters, and your father’s sisters, and your mother’s sisters, and Banatu (َبَنَاتُ) of your brothers, and Banatu (َبَنَاتُ) of your sisters, and Your Ummahatukum (أُمَّهَاتُكُمُ) who nursed you, and your sisters from the nursing…” Means that the relationships of trust and respect, whom one cannot marry and should always approach with utmost respect and trust are your mothers, and your daughters, and your sisters and your father’s sisters and your mother’s sisters and daughters of your brothers and daughters of your sisters and your mothers who nursed you and your sisters from those who nursed you.
The next phrase “…and Ummahatu (أُمَّهَاتُ) of your Nisaaukum (نِسَائِكُمْ)…” Means mothers of your Nissaa meanings your women, could be your wives or daughters etc. the mothers of these women are relationship of respect for you. “…and your Rabae’bukum (َرَبَائِبُكُمُ) who are in your Hujurukum (حُجُورِكُمْ) from Nisaa (نِسَائِكُمُ) whom you had relations with…” Here the word Rabae’bukum is normally mistranslated as step daughters which is a wrong translation. The meaning of the word is from Rabb and Rabobiat with the basic meanings to refer to those who are Abideens, i.e. doing Abd of single/same Rabb and in this case your Rabb (the addressee of the Quranic ayah). The word Hujurukum is from hijrat, which means that this ayah refers to such people and or children, responsibilities, guardianship of such people or relationships who you inherited or which were transferred to you based on your relationship with these spouses. Thus, now by Hijrat, it becomes an extension your responsibilities, your relations too. For instance children and or parents of your spouse with whom you had relations, are by extension, Hujurukum, becomes your responsibilities, your guardianship too, and thus they are classified under the relationships of Hurmat, respect and trust. The next phrase “…but if there is no relation with them, then there is no blame upon you…” However, in case if there is no relationship with that spouse any more, then there is no blame – which means these people are not classified under these relationships of Hurmat any more. “…And the Halaaelu (حَلَائِلُ) of your Abna’ukum (أَبْنَائِكُمُ) those who are biologically from you…” The word Halaaelu is mistranslated as wives only and Abna’ukum is mistranslated as sons only, whereas this is a much broader divine instructions to cover both of the spouses, not just wives but husbands also as Halaaelu and cover all the children, not just sons, but daughters as well. Thus, the spouses of your biological children are also the relations of Hurmat. “…and that you gather together two sisters except what has Salafa (سَلَفَ)…” Additionally, you cannot gather two sisters as per the clear prohibition. The next phrase “…except what has Salafa (سَلَفَ)…” Shows that this was the practice, the prevalent precedent at the time. However, since the marriages have already done, so for such marriages, the divine guidance is not to terminate such contract as an exception ONLY as a case of SALAFA, but such marriages are not allowed any further and prohibited now “…Indeed, Allah is Ghufarun (غَفُورًا) Raheem (رَحِيمًا).” As we know this phrase of Allah being Ghafooran Raheem is only applicable for those who follow the path of Allah by remaining steadfast in terms of following the laws of Allah, it means as long as and up until these laws are abided by, in terms of being a true Aabid, Allah would be Ghafoor, as a shield and protective coverage for the bad impacts of previously done sins and wrong path, as well as Raheem, as a source of peace and tranquility on our lives.
C- IMPLEMENTATION IN TODAY’S LIFE:
These ayahs of Surah An-Nisaa from Ayah No. 20 to 22 give us following importance divine guidance that we can apply in our day to day lives.
- In the situation that we want to replace our Zouj with another and we have given one of them heap of wealth, we cannot take anything back from it. Because if we do, it will be equivalent to passing on allegation and accusation on the other Zouj, that under his/her influence this Zulm has taken place. Another reason is that taking back of anything which has already been given as a due right of binding contract, is actually tantamount of committing serious is’man and Zulm. The binding contract between Zouj is not just any other long-term contract. It is a extremely strong contract termed as Meesaq by Quran, and additionally the word Strong has been added to tell us the divine wisdom how unbreakable strong and sturdy this Nikaah contract is.
- The divine guidance w.r.t. such binding contracts with the Nissaa, the weaker segments that are transferred as inheritance and property from one generation to the next is that such contracts are not allowed with only one exception, which is that only those aspects which are at the height, as per the prestige and dignity as practiced traditionally can be continued.
- Allah gives Allah’s Fazal to some more than others, and these people then become Qawwamoon, the caretakers, the support for the others. Just because Allah gave you more Fazal, on the basis of which you were in a position to help and support others, does not mean that upon breaking of any contract, you can take anything back. It is not allowed by Allah.
- It is not allowed as per Quran to marry wives of our fathers. These are relationships of respect and honor and hence, no matter the situation or the condition, this is not allowed. Even in order to keep the family wealth within the family, this is not allowed as per Quran and it is a clear act of Fahasha, hateful and Sa’waa as per the divine guidance.
- The relationships of respect and trust, who we cannot marry and look with sexual desires at all, are our mothers, our daughters, our sisters, our father’s sisters, our mother’s sisters, Brothers’ daughters, Sisters’ daughters, our nursing mothers, our sisters from the nursing mothers, mothers of our wives, those relationships who migrated to us due to our relations with our wives; the spouses of our biological children, and two sisters.
Footnotes:
D- THE KEY-WORD VOCABULARY:
Please refer https://quranthinkers.com/quran-keyword-vocabulary-by-wqt/