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4. An-Nisaa

The Women · Medinan · 176 ayahs

سُورَةُ النِّسَاءِ

Reading Tafsir Ibn Kathir by Hafiz Ibn Kathir

Ayahs 11–20 of 176

11

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا

Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

Allah commands you for your children's (inheritance): to the male, a portion equal to that of two - females; if only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise (11)

Learning the Various Shares of the Inheritance is Encouraged

This, the following, and the last honorable Ayah in this Surah contain the knowledge of Al-Fara'id, inheritance. The knowledge of Al-Fara'id is derived from these three Ayat and from the Hadiths on this subject which explain them. Learning this knowledge is encouraged, especially the specific things mentioned in the Ayat. Ibn 'Uyaynah said; "Knowledge of Al-Fara'id was called half of knowledge, because it effects all people."

The Reason Behind Revealing Ayah 4:11

Explaining this Ayah, Al-Bukhari recorded that Jabir bin 'Abdullah said, "Allah's Messenger came visiting me on foot with Abu Bakr at Banu Salamah's (dwellings), and the Prophet ﷺ found me unconscious. He asked for some water, performed ablution with it, then poured it on me, and I regained consciousness. I said, 'What do you command me to do with my money, O Allah's Messenger?' this Ayah was later revealed,

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ

(Allah commands you for your children's (inheritance); to the male, a portion equal to that of two females)." This is how it was recorded by Muslim and An-Nasa'i. The remainder of the Six compilers also collected this Hadith.

Another Hadith from Jabir concerning the reason behind revealing Ayah 4:11

Ahmad recorded from Jabir that he said, "The wife of Sa'd bin Ar-Rabi' came to Allah's Messenger ﷺ and said to him, 'O Allah's Messenger! These are the two daughters of Sa'd bin Ar-Rabi', who was killed as a martyr at Uhud. Their uncle took their money and did not leave anything for them. They will not be married unless they have money.' The Messenger ﷺ said, 'Allah will decide on this matter.' The Ayah about the inheritance was later revealed and the Messenger of Allah ﷺ sent word to their uncle commanding him,

أَعْطِ ابْنَتَيْ سَعْدٍ الثُّلُثَيْنِ، وَأُمَّهُمَا الثُّمُنَ، وَمَا بقِيَ فَهُوَ لَكَ

(Give two-thirds (of Sa'd's money) to Sa'd's two daughters and one eighth for their mother, and whatever is left is yours.)"

Abu Dawud, At-Tirmidhi, and Ibn Majah collected this Hadith. It is apparent, however, that the first Hadith from Jabir was about the case of the last Ayah in the Surah [4:176, rather than 4:11], for at the time this incident occurred, Jabir had sisters and did not have daughters, parents or offspring to inherit from him. Yet, we mentioned the Hadith here just as Al-Bukhari did.

Males Get Two Times the …

12

۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ

And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.

In that which your wives leave, your share is half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in 'Kalālah' has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most Forbearing (12)

Share of the Spouses in the Inheritance

Allah says to the husband, you get half of what your wife leaves behind if she dies and did not have a child. If she had a child, you get one-fourth of what she leaves behind, after payment of legacies that she may have bequeathed, or her debts. We mentioned before that payment of debts comes before fulfilling the will, and then comes the will, then the inheritance, and there is a consensus on this matter among the scholars. And the rule applies to the grandchildren as well as the children, even if they are great-grandchildren (or even further in generation) Allah then said,

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ

(In that which you leave, their (your wives) share is a fourth) and if there is more than one wife, they all share in the fourth, or one-eighth that the wife gets. Earlier, we explained Allah's statement,

مِن بَعْدِ وَصِيَّةٍ

(After payment of legacies)

The Meaning of Kalālah

Allah said,

وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً

(If the man or woman whose inheritance is in question was left in 'Kalālah'.)

Kalalah is a derivative of Iklil; the crown that surrounds the head. The meaning of 'Kalālah' in this Ayah is that the person's heirs come from other than the first degree of relative. Ash-Sha'bi reported that when Abu Bakr As-Siddiq was asked about the meaning of 'Kalālah', he said, "I will say my own opinion about it, and if it is correct, then this correctness is from Allah. However, if my opinion is wrong, it will be my error and because of the evil efforts of Shaytan, and Allah and His Messenger have nothing to do with it. 'Kalālah' refers to the man who has neither descendants nor ascendants." When 'Umar became the Khalifah, he said, "I hesitate to contradict an opinion of Abu Bakr." This was recorded by Ibn Jarir and others.

In his Tafsir, Ibn Abi Hatim recorded that Ibn 'Abbas said, "I was among the last persons to see 'Umar bin Al-Khattab, and he said to me, 'What you said was the correct opinion.' I asked, 'What did I say?' He said, 'That 'Kalālah' refers to the person who has no child or parents.'" This is also the opinion of 'Ali bin Abi Talib, Ibn Mas'ud, Ibn 'Abbas, Zayd bin Thabit, Ash-Sha'bi, An-Nakha'i, Al-Hasan Al-Basri, Qatadah, Jabir bin Zayd and Al-Hakam . This is also the view of the people of Al-Madinah, Kufah, Basrah, the Seven Fuqaha', the …

13

تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍۢ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ

These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.

These are the limits (set by) Allah, and whosoever obeys Allah and His Messenger, will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success (13)And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall suffer a disgraceful torment (14)

Warning Against Transgressing the Limits for Inheritance

Meaning, the Fara'id are Allah's set limits. This includes what Allah has alloted for the heirs, according to the degree of relation they have to the deceased, and their degree of dependency on him. Therefore, do not transgress or violate them. So Allah said;

وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ

(And whosoever obeys Allah and His Messenger,) regarding the inheritance, and does not add or decrease any of these fixed shares by use of tricks and plots. Rather, he gives each his appointed share as Allah commanded, ordained and decided,

يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ - وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ

(Will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success. And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.)

This is because he changed what Allah has ordained and disputed with His judgment. Indeed, this is the behavior of those who do not agree with what Allah has decided and divided, and this is why Allah punishes them with humiliation in the eternal, painful torment.

Imam Ahmad recorded that Abu Hurayrah said that, the Messenger of Allah ﷺ said,

إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً، فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَهُ بِشَرِّ عَمَلِهِ، فَيَدْخُلُ النَّارَ، وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً، فَيَعْدِلُ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ فَيَدْخُلُ الْجَنَّةَ

(A man might perform the actions of righteous people for seventy years, but when it is time to compile his will, he commits injustice. So his final work will be his worst, and he thus enters the Fire. A man might perform the deeds of evil people for seventy years, yet he is fair in his will. So his final work will be his best, and he thus enters Paradise.) Abu Hurayrah said, "Read, if you will,

تِلْكَ حُدُودُ اللَّهِ

(These are the limits (set by) Allah) until,

عَذَابٌ مُّهِينٌ

(a disgraceful torment.)." In the chapter on injustice in the will, Abu Dawud recorded in his Sunan that Abu Hurayrah said that the Messenger of Allah ﷺ said,

إِنَّ الرَّجُلَ لَيَعْمَلُ - أَوِ الْمَرْأَةَ - بِطَاعَةِ اللهِ سِتِّينَ سَنَةً، ثُمَّ يَحْضُرُهُمَا الْمَوْتُ، فَيُضَارَّانِ فِي الْوَصِيَّـةِ، فَتَجِبُ لَهُمَا النَّارُ

(A man or a woman might perform actions in obedience to Allah for sixty years. Yet, when they are near death, they leave an unfair will and thus acquire the Fire.) Abu Hurayrah then recited the Ayah,

مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ …

14

وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَٰلِدًۭا فِيهَا وَلَهُۥ عَذَابٌۭ مُّهِينٌۭ

And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.

These are the limits (set by) Allah, and whosoever obeys Allah and His Messenger, will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success (13)And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall suffer a disgraceful torment (14)

Warning Against Transgressing the Limits for Inheritance

Meaning, the Fara'id are Allah's set limits. This includes what Allah has alloted for the heirs, according to the degree of relation they have to the deceased, and their degree of dependency on him. Therefore, do not transgress or violate them. So Allah said;

وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ

(And whosoever obeys Allah and His Messenger,) regarding the inheritance, and does not add or decrease any of these fixed shares by use of tricks and plots. Rather, he gives each his appointed share as Allah commanded, ordained and decided,

يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ - وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ

(Will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success. And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.)

This is because he changed what Allah has ordained and disputed with His judgment. Indeed, this is the behavior of those who do not agree with what Allah has decided and divided, and this is why Allah punishes them with humiliation in the eternal, painful torment.

Imam Ahmad recorded that Abu Hurayrah said that, the Messenger of Allah ﷺ said,

إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً، فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَهُ بِشَرِّ عَمَلِهِ، فَيَدْخُلُ النَّارَ، وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً، فَيَعْدِلُ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ فَيَدْخُلُ الْجَنَّةَ

(A man might perform the actions of righteous people for seventy years, but when it is time to compile his will, he commits injustice. So his final work will be his worst, and he thus enters the Fire. A man might perform the deeds of evil people for seventy years, yet he is fair in his will. So his final work will be his best, and he thus enters Paradise.) Abu Hurayrah said, "Read, if you will,

تِلْكَ حُدُودُ اللَّهِ

(These are the limits (set by) Allah) until,

عَذَابٌ مُّهِينٌ

(a disgraceful torment.)." In the chapter on injustice in the will, Abu Dawud recorded in his Sunan that Abu Hurayrah said that the Messenger of Allah ﷺ said,

إِنَّ الرَّجُلَ لَيَعْمَلُ - أَوِ الْمَرْأَةَ - بِطَاعَةِ اللهِ سِتِّينَ سَنَةً، ثُمَّ يَحْضُرُهُمَا الْمَوْتُ، فَيُضَارَّانِ فِي الْوَصِيَّـةِ، فَتَجِبُ لَهُمَا النَّارُ

(A man or a woman might perform actions in obedience to Allah for sixty years. Yet, when they are near death, they leave an unfair will and thus acquire the Fire.) Abu Hurayrah then recited the Ayah,

مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ …

15

وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةًۭ مِّنكُمْ ۖ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًۭا

Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way.

And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way (15)And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent and do righteous good deeds, leave them alone. Surely, Allah is Ever the One Who accepts repentance, (and He is) Most Merciful (16)

The Adulteress is Confined in her House; A Command Later Abrogated

At the begining of Islam, the ruling was that if a woman commits adultery as stipulated by sufficient proof, she was confined to her home, without leave, until she died. Allah said,

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ

يعني الزنا

مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا

(And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way.)

'Some other way' mentioned here is the abrogation of this ruling that came later. Ibn 'Abbas said, "The early ruling was confinement, until Allah sent down Surat An-Nur (chapter 24) which abrogated that ruling with the ruling of flogging (for fornication) or stoning to death (for adultery)." Similar was reported from 'Ikrimah, Sa'id bin Jubayr, Al-Hasan, 'Ata' Al-Khurasani, Abu Salih, Qatadah, Zayd bin Aslam and Ad-Dahhak, and this is a matter that is agreed upon.

Imam Ahmad recorded that 'Ubadah bin As-Samit said, "When the revelation descended upon the Messenger of Allah ﷺ, it would affect him and his face would show signs of strain. One day, Allah sent down a revelation to him, and when the Messenger ﷺ was relieved of its strain, he said,

خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الثَّيِّبُ بِالثَّيِّبِ، وَالْبِكْرُ بِالْبِكْرِ، الثَّــيِّبُ جَلْدُ مِائَةٍ، وَرَجْمٌ بِالْحِجَارَةِ، وَالْبِكْرُ جَلْدُ مِائَةٍ ثُمَّ نَفْيُ سَنَةٍ

(Take from me: Allah has made some other way for them. The married with the married, the unmarried with the unmarried. The married gets a hundred lashes and stoning to death, while the unmarried gets a hundred lashes then banishment for a year.)"

Muslim and the collectors of the Sunan recorded that 'Ubadah bin As-Samit said that the Prophet ﷺ said,

خُذُوا عَنِّي خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ

(Take from me, take from me. Allah has made some other way for them: the (unmarried) gets a hundred lashes and banishment for one year, while the (married) gets a hundred lashes and stoning to death.) At-Tirmidhi said, "Hasan Sahih".

Allah said,

وَاللَّذَانِ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا

(And the two persons among you who commit illegal sexual intercourse, punish them both.)

Ibn 'Abbas and Sa'id bin Jubayr said that this punishment includes cursing, shaming …

16

وَٱلَّذَانِ يَأْتِيَٰنِهَا مِنكُمْ فَـَٔاذُوهُمَا ۖ فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُوا۟ عَنْهُمَآ ۗ إِنَّ ٱللَّهَ كَانَ تَوَّابًۭا رَّحِيمًا

And the two who commit it among you, dishonor them both. But if they repent and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful.

And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way (15)And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent and do righteous good deeds, leave them alone. Surely, Allah is Ever the One Who accepts repentance, (and He is) Most Merciful (16)

The Adulteress is Confined in her House; A Command Later Abrogated

At the begining of Islam, the ruling was that if a woman commits adultery as stipulated by sufficient proof, she was confined to her home, without leave, until she died. Allah said,

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ

يعني الزنا

مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا

(And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way.)

'Some other way' mentioned here is the abrogation of this ruling that came later. Ibn 'Abbas said, "The early ruling was confinement, until Allah sent down Surat An-Nur (chapter 24) which abrogated that ruling with the ruling of flogging (for fornication) or stoning to death (for adultery)." Similar was reported from 'Ikrimah, Sa'id bin Jubayr, Al-Hasan, 'Ata' Al-Khurasani, Abu Salih, Qatadah, Zayd bin Aslam and Ad-Dahhak, and this is a matter that is agreed upon.

Imam Ahmad recorded that 'Ubadah bin As-Samit said, "When the revelation descended upon the Messenger of Allah ﷺ, it would affect him and his face would show signs of strain. One day, Allah sent down a revelation to him, and when the Messenger ﷺ was relieved of its strain, he said,

خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الثَّيِّبُ بِالثَّيِّبِ، وَالْبِكْرُ بِالْبِكْرِ، الثَّــيِّبُ جَلْدُ مِائَةٍ، وَرَجْمٌ بِالْحِجَارَةِ، وَالْبِكْرُ جَلْدُ مِائَةٍ ثُمَّ نَفْيُ سَنَةٍ

(Take from me: Allah has made some other way for them. The married with the married, the unmarried with the unmarried. The married gets a hundred lashes and stoning to death, while the unmarried gets a hundred lashes then banishment for a year.)"

Muslim and the collectors of the Sunan recorded that 'Ubadah bin As-Samit said that the Prophet ﷺ said,

خُذُوا عَنِّي خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ

(Take from me, take from me. Allah has made some other way for them: the (unmarried) gets a hundred lashes and banishment for one year, while the (married) gets a hundred lashes and stoning to death.) At-Tirmidhi said, "Hasan Sahih".

Allah said,

وَاللَّذَانِ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا

(And the two persons among you who commit illegal sexual intercourse, punish them both.)

Ibn 'Abbas and Sa'id bin Jubayr said that this punishment includes cursing, shaming …

17

إِنَّمَا ٱلتَّوْبَةُ عَلَى ٱللَّهِ لِلَّذِينَ يَعْمَلُونَ ٱلسُّوٓءَ بِجَهَٰلَةٍۢ ثُمَّ يَتُوبُونَ مِن قَرِيبٍۢ فَأُو۟لَٰٓئِكَ يَتُوبُ ٱللَّهُ عَلَيْهِمْ ۗ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًۭا

The repentance accepted by Allah is only for those who do wrong in ignorance [or carelessness] and then repent soon after. It is those to whom Allah will turn in forgiveness, and Allah is ever Knowing and Wise.

Allah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon [afterwards]; it is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise (17)And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: "Now I repent;" nor of those who die while they are disbelievers. For them, We have prepared a painful torment (18)

Repentance is Accepted Until one Faces death

Allah states that He accepts repentance of the servant who commits an error in ignorance and then repents, even just before he sees the angel who captures the soul, before his soul reaches his throat. Mujahid and others said, "Every person who disobeys Allah by mistake, or intentionally is ignorant, until he refrains from the sin." Qatadah said that Abu Al-'Aliyah narrated that the Companions of the Messenger of Allah ﷺ used to say, "Every sin that the servant commits, he commits out of ignorance." 'Abdur-Razzaq narrated that, Ma'mar said that Qatadah said that, the Companions of the Messenger of Allah ﷺ agreed that every sin that is committed by intention or otherwise, is committed in ignorance." Ibn Jurayj said, "Abdullah bin Kathir narrated to me that Mujahid said, 'Every person who disobeys Allah (even willfully), is ignorant while committing the act of disobedience.'" Ibn Jurayj said, "'Ata' bin Abi Rabah told me something similar." Abu Salih said that Ibn 'Abbas commented, "It is because of one's ignorance that he commits the error." 'Ali bin Abi Talhah reported that Ibn 'Abbas said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon (afterwards)), "Until just before he (or she) looks at the angel of death." Ad-Dahhak said, "Every thing before death is 'soon [afterwards].'" Al-Hasan Al-Basri said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon afterwards), "Just before his last breath leaves his throat." 'Ikrimah said, "All of this life is 'soon [afterwards].'" Imam Ahmad recorded that Ibn 'Umar said that the Messenger said,

إِنَّ اللهَ يَقْبَلُ تَوْبَةَ الْعَبْدِ مَالَمْ يُغَرْغِر

(Allah accepts the repentance of the servant as long as the soul does not reach the throat.)

This Hadith was also collected by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, "Hasan Gharib". By mistake, Ibn Majah mentioned that this Hadith was narrated through 'Abdullah bin 'Amr. However, what is correct is that 'Abdullah bin 'Umar bin Al-Khattab was the narrator.

Allah said,

فَأُولَٰئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا

(It is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise.)

Surely, when hope in continued living diminishes, the angel of death comes forth and the soul reaches the throat, approaches the chest and arrives at the state where it is being gradually pulled out, then there is no accepted repentance, nor a way out of that certain end. Hence Allah's statements,

وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّىٰ إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الْآنَ

(And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and …

18

وَلَيْسَتِ ٱلتَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ ٱلسَّيِّـَٔاتِ حَتَّىٰٓ إِذَا حَضَرَ أَحَدَهُمُ ٱلْمَوْتُ قَالَ إِنِّى تُبْتُ ٱلْـَٰٔنَ وَلَا ٱلَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ ۚ أُو۟لَٰٓئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًۭا

But repentance is not [accepted] of those who [continue to] do evil deeds up until, when death comes to one of them, he says, "Indeed, I have repented now," or of those who die while they are disbelievers. For them We have prepared a painful punishment.

Allah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon [afterwards]; it is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise (17)And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: "Now I repent;" nor of those who die while they are disbelievers. For them, We have prepared a painful torment (18)

Repentance is Accepted Until one Faces death

Allah states that He accepts repentance of the servant who commits an error in ignorance and then repents, even just before he sees the angel who captures the soul, before his soul reaches his throat. Mujahid and others said, "Every person who disobeys Allah by mistake, or intentionally is ignorant, until he refrains from the sin." Qatadah said that Abu Al-'Aliyah narrated that the Companions of the Messenger of Allah ﷺ used to say, "Every sin that the servant commits, he commits out of ignorance." 'Abdur-Razzaq narrated that, Ma'mar said that Qatadah said that, the Companions of the Messenger of Allah ﷺ agreed that every sin that is committed by intention or otherwise, is committed in ignorance." Ibn Jurayj said, "Abdullah bin Kathir narrated to me that Mujahid said, 'Every person who disobeys Allah (even willfully), is ignorant while committing the act of disobedience.'" Ibn Jurayj said, "'Ata' bin Abi Rabah told me something similar." Abu Salih said that Ibn 'Abbas commented, "It is because of one's ignorance that he commits the error." 'Ali bin Abi Talhah reported that Ibn 'Abbas said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon (afterwards)), "Until just before he (or she) looks at the angel of death." Ad-Dahhak said, "Every thing before death is 'soon [afterwards].'" Al-Hasan Al-Basri said about the Ayah,

ثُمَّ يَتُوبُونَ مِن قَرِيبٍ

(and repent soon afterwards), "Just before his last breath leaves his throat." 'Ikrimah said, "All of this life is 'soon [afterwards].'" Imam Ahmad recorded that Ibn 'Umar said that the Messenger said,

إِنَّ اللهَ يَقْبَلُ تَوْبَةَ الْعَبْدِ مَالَمْ يُغَرْغِر

(Allah accepts the repentance of the servant as long as the soul does not reach the throat.)

This Hadith was also collected by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, "Hasan Gharib". By mistake, Ibn Majah mentioned that this Hadith was narrated through 'Abdullah bin 'Amr. However, what is correct is that 'Abdullah bin 'Umar bin Al-Khattab was the narrator.

Allah said,

فَأُولَٰئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا

(It is they to whom Allah will forgive and Allah is Ever All-Knower, All-Wise.)

Surely, when hope in continued living diminishes, the angel of death comes forth and the soul reaches the throat, approaches the chest and arrives at the state where it is being gradually pulled out, then there is no accepted repentance, nor a way out of that certain end. Hence Allah's statements,

وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّىٰ إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الْآنَ

(And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and …

19

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا يَحِلُّ لَكُمْ أَن تَرِثُوا۟ ٱلنِّسَآءَ كَرْهًۭا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا۟ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍۢ مُّبَيِّنَةٍۢ ۚ وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ ۚ فَإِن كَرِهْتُمُوهُنَّ فَعَسَىٰٓ أَن تَكْرَهُوا۟ شَيْـًۭٔا وَيَجْعَلَ ٱللَّهُ فِيهِ خَيْرًۭا كَثِيرًۭا

O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good.

O you who believe! You are not permitted to inherit women against their will, nor to prevent them from marriage in order to get part of (the dowry) what you have given them, unless they commit open Fahishah. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good (19)But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin (20)And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant (21)And marry not women whom your fathers married, except what has already passed; indeed it was shameful and Maqtan, and an evil way (22)

Meaning of 'Inheriting Women Against Their Will

Al-Bukhari recorded that Ibn 'Abbas said about the Ayah,

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِثُوا النِّسَاءَ كَرْهًا

(O you who believe! You are not permitted to inherit women against their will,) "Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِثُوا النِّسَاءَ كَرْهًا

(O you who believe! You are not permitted to inherit women against their will)."

Women Should not Be Treated with Harshness

Allah said,

وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ

(nor to prevent them from marriage, in order to take part of what you have given them,) Allah commands: Do not treat the woman harshly so that she gives back all or part of the dowry that she was given, or forfeits one of her rights by means of coercion and oppression. Allah's statement,

إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ

(unless they commit open Fahishah.) Ibn Mas'ud, Ibn 'Abbas, Sa'id bin Al-Musayyib, Ash-Sha'bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa'id bin Jubayr, Mujahid, 'Ikrimah, 'Ata' Al-Khurasani, Ad-Dahhak, Abu Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa'id bin Abi Hilal said that this refers to illicit sex. Meaning that if the wife commits adultery, you are allowed to take back the dowry you gave her. You are also allowed to annoy her, until she gives back the dowry in return for a Khula'." In Surat Al-Baqarah, Allah said,

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ

(And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah)[2:229].

Ibn 'Abbas, 'Ikrimah and Ad-Dahhak said that Fahishah refers to disobedience and defiance. Ibn Jarir chose the view that it is general, encompasses all these meanings, adultery, disobedience, defiance, rudeness, and so forth. Meaning that he is allowed to annoy his wife when she does any of these …

20

وَإِنْ أَرَدتُّمُ ٱسْتِبْدَالَ زَوْجٍۢ مَّكَانَ زَوْجٍۢ وَءَاتَيْتُمْ إِحْدَىٰهُنَّ قِنطَارًۭا فَلَا تَأْخُذُوا۟ مِنْهُ شَيْـًٔا ۚ أَتَأْخُذُونَهُۥ بُهْتَٰنًۭا وَإِثْمًۭا مُّبِينًۭا

But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything. Would you take it in injustice and manifest sin?

O you who believe! You are not permitted to inherit women against their will, nor to prevent them from marriage in order to get part of (the dowry) what you have given them, unless they commit open Fahishah. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good (19)But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin (20)And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant (21)And marry not women whom your fathers married, except what has already passed; indeed it was shameful and Maqtan, and an evil way (22)

Meaning of 'Inheriting Women Against Their Will

Al-Bukhari recorded that Ibn 'Abbas said about the Ayah,

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِثُوا النِّسَاءَ كَرْهًا

(O you who believe! You are not permitted to inherit women against their will,) "Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِثُوا النِّسَاءَ كَرْهًا

(O you who believe! You are not permitted to inherit women against their will)."

Women Should not Be Treated with Harshness

Allah said,

وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ

(nor to prevent them from marriage, in order to take part of what you have given them,) Allah commands: Do not treat the woman harshly so that she gives back all or part of the dowry that she was given, or forfeits one of her rights by means of coercion and oppression. Allah's statement,

إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ

(unless they commit open Fahishah.) Ibn Mas'ud, Ibn 'Abbas, Sa'id bin Al-Musayyib, Ash-Sha'bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa'id bin Jubayr, Mujahid, 'Ikrimah, 'Ata' Al-Khurasani, Ad-Dahhak, Abu Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa'id bin Abi Hilal said that this refers to illicit sex. Meaning that if the wife commits adultery, you are allowed to take back the dowry you gave her. You are also allowed to annoy her, until she gives back the dowry in return for a Khula'." In Surat Al-Baqarah, Allah said,

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ

(And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah)[2:229].

Ibn 'Abbas, 'Ikrimah and Ad-Dahhak said that Fahishah refers to disobedience and defiance. Ibn Jarir chose the view that it is general, encompasses all these meanings, adultery, disobedience, defiance, rudeness, and so forth. Meaning that he is allowed to annoy his wife when she does any of these …

Commentary: Tafsir Ibn Kathir by Hafiz Ibn Kathir. Qur'an text and translation via AlQuran Cloud.