وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي
الْيَتَامَى فَانكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ
وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ
أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ
نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا
مَرِيئًا (٤:
٣-٤)
And if you
fear that you shall not be able to deal justly with the orphans, marry [their
mothers] that are lawful to you, two two, three three, four four; but if you
fear that you shall not be able to deal justly [with them], then only one, or
those which your right hands possess. That will be more suitable to prevent you
from doing injustice. And give these women their dowers also the way dowers are
given; but if they, of their own good pleasure, remit any part of it to you,
take it and consume it gladly. (4:3-4)
The addressees of the above quoted verses are the guardians
of the orphans. They are directed to marry the mothers of the orphans that are
lawful to them if they fear that they would not be able to do justice to the
onerous responsibility of protecting the rights of the orphans and taking care
of their wealth and property. In other words, if they decide that if the mothers
of the orphans share with them this responsibility they would be able to
discharge it in a better way, they should go ahead and marry them. The reason is
that the extent to which mothers are attached to their orphaned children, no
other person can ever be.
It is evident from this explanation that the above quoted verses were not
primarily revealed to state any directive regarding polygamy. They were actually
revealed to make use of the pre-existing practice of polygamy in Arabia for the
welfare of the orphans. At other places, the Qur’ān has clearly alluded to the
fact that as per the norms of human nature, the real benefits and advantages of
the institution of family manifest themselves in a monogamous family.
Consequently, it is stated in various verses that the father of mankind: Adam (rta)
was blessed with one wife. It is basically social, psychological, political and
cultural needs from which arose the need for polygamy. Such needs existed in
various societies to different extents. To cater for these very needs the
Almighty never forbade this practice in the Sharī‘ah He gave in various periods
of time. Here, in these verses, Muslims are directed to make use of this
practice to solve a social problem that had arisen in the time of the Prophet (sws).
However, it has been made conditional upon two things:
First, even for as noble an objective as the welfare of orphans, a person cannot
marry more than four wives.
Second, if a person is not able to deal justly with all four wives he should not
marry more than the number he can be just with. Justice is a value that has to
be maintained at all costs and cannot be sacrificed even for such a noble cause.
What are the limits of this justice? If this means equality in a person’s inner
inclination and his outer behavior, then this is not possible for any person. If
a person while being married to a wife he greatly loves marries a widow for the
welfare of the orphans, it is impossible for him to show equal love and behavior
for both these wives. Consequently, this very question had arisen in the period
of the revelation of the Qur’ān. So in 4:127-130 an answer was given to this
question.
In these verses, it is first explained that whether marriage has taken place to
protect the rights of the orphans or for some other purpose, payment of dower
and discharging of justice are the rights of the woman and the former must be
given with the willingness of the heart, as is also pointed out in 4:3. Women
are then counseled that if they fear that husbands may show indifference to them
or even think of parting ways with them because of their insistence to be
treated equally, it is alright if a husband and wife settle for a compromise.
The Qur’ān says:
وَإِنْ امْرَأَةٌ خَافَتْ مِنْ
بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا
بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ وَأُحْضِرَتْ الْأَنفُسُ الشُّحَّ وَإِنْ
تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا (١٢٨:٤)
And if [any
of these] women fear cruelty or desertion on her husband’s part, there is no
blame on them if they arrange an amicable settlement between themselves and
[should consider that] such a settlement is best. And, [in reality], man is
greedy by nature. But if you do good and practice self-restraint [you should
know that], Allah is well-acquainted with all that you do. (4:128)
While
explaining the above quoted verse, Imām Amīn Ahsan Islāhī writes:
This means
that a wife may show lenience to her husband in her demand for justice as well
as payment of dower and maintenance to her in order to dispense with the
imminent fear of separation. The verse goes on to say that in settlements rest
the welfare of all because it is in the interest of both husband and wife that
this relationship once established should continue forever, even if a lot of
sacrifice has to be made to keep it intact. Continuing with words of counsel,
the verse says that greed is an evil found in human beings that affects mutual
relationships; the remedy for this malady is that either both should get ready
to make some sacrifice or if one of them is ill-enough not to be willing to do
so, the other should take the initiative. So if the wife has to make some
sacrifice to keep the family unit intact, it is better that she does so. In the
end, the words ‘But if you do good and practice self-restraint’ of the verse
urge the husband to adopt the way of sacrifice and selflessness and it is only
befitting that he show magnanimity and piety in this regard. He should live up
to his traditions of grit and character and instead of being a ‘receiver’ from
the woman, he should let her be the ‘receiver’. The Almighty has knowledge of
every deed a person does and He will greatly reward pious deeds.
The next verses delineate the bounds of justice in the following words:
وَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا
بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا
كَالْمُعَلَّقَةِ وَإِنْ تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا
رَحِيمًا وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِ وَكَانَ
اللَّهُ وَاسِعًا حَكِيمًا (٤:
١٢٩-١٣٠)
And even if
it is your ardent desire, you will never be able to be totally just between
women; so it is enough if you do not completely incline yourself to a woman
altogether, so as to leave the other aside. And if you come to a friendly
understanding, and fear Allah; Allah is Oft-Forgiving, Most Merciful. But if
they disagree and [eventually] must part, Allah will provide abundance for each
from His bounty. He is Bountiful and is Wise. (4:129-130)
It is evident
from the above quoted verses that the requirement of justice between wives does
not mean justice between them regarding the husband’s inner inclination or
external behavior. It is humanly impossible to be just in this matter because
one has no power over one’s heart in such affairs. Therefore, in this regard the
Qur’ān requires of a husband to not completely lean towards one of the wives and
show indifference to the other, as if she had no husband. Consequently, he is
asked to show balance in his behavior towards them and in discharging their
rights. In case of any fault or blemish in this matter, he should at once try to
reform the state of affairs by making amends and keep fearing the Almighty. If
in spite of the effort some thing remains amiss, hopefully the Almighty will
have mercy on him: Allah’s mercy is all-embracing.
The last part of the verse stresses that one should try everything to save the
family from dismemberment. This is what Allah wants. However, if owing to
compelling circumstances, separation does take place, one should hope for the
best from the Almighty. It is He who provides sustenance to His creatures and
assists them in hardships. He would fully help them and fulfill their needs
through His grace. Imām Amīn Ahsan Islāhī writes:
The
implication being that efforts that reflect selflessness and sacrifice are
required from both the husband and wife in order to keep this relationship
intact; however, this restoration must be done with honor and integrity: just as
it is not permissible for either the husband or wife to show vanity in this
regard, it is also not permissible to show accommodation beyond a certain point.
Although the words used are general, it is evident from the context that the
wife is encouraged to adjust and adapt to the situation as much as is possible
and also show selflessness to achieve this end. However, she should rest assured
that if in spite of her efforts the family does not remain intact, the Almighty
is the one who provides and sustains all. He will completely fulfill her needs
from His treasures.
Here, it should
be kept in mind that the Prophet (sws) was exempted from the above mentioned
restrictions so that he could discharge certain responsibilities that were
entrusted to him in his capacity as the final messenger of God. The Prophet (sws)
had wedded together his paternal cousin Zaynab (rta) and his liberated slave and
adopted son Zayd (rta) in order to raise the status of slaves in the society.
However, when this marriage could no longer be pulled along, the Almighty bade
the Prophet (sws) to marry her to comfort and solace her and to put an end to
the evil social custom according to which a person could not marry the wife of
his adopted son. At that time, the Prophet (sws) already had four wives. The
Prophet himself thought that perhaps marrying Zaynab (rta) was the only way out
because of what ensued between her and Zayd (rta), but he never expressed these
thoughts. The Almighty revealed these inner thoughts and told him that the
messengers of Allah do not care about the reaction of people while discharging
their responsibilities. Consequently, the Prophet’s marriage with Zaynab (rta)
was proclaimed by the Almighty Himself in the Qur’ān:
وَإِذْ تَقُولُ لِلَّذِي أَنْعَمَ
اللَّهُ عَلَيْهِ وَأَنْعَمْتَ عَلَيْهِ أَمْسِكْ عَلَيْكَ زَوْجَكَ وَاتَّقِ
اللَّهَ وَتُخْفِي فِي نَفْسِكَ مَا اللَّهُ مُبْدِيهِ وَتَخْشَى النَّاسَ
وَاللَّهُ أَحَقُّ أَنْ تَخْشَاهُ فَلَمَّا قَضَى زَيْدٌ مِنْهَا وَطَرًا
زَوَّجْنَاكَهَا لِكَيْ لَا يَكُونَ عَلَى الْمُؤْمِنِينَ حَرَجٌ فِي أَزْوَاجِ
أَدْعِيَائِهِمْ إِذَا قَضَوْا مِنْهُنَّ وَطَرًا وَكَانَ أَمْرُ اللَّهِ
مَفْعُولًا(٣٧:٣٣)
And remember
[O Prophet!] when you were repeatedly saying to one who had received the favor
of Allah and your favor: ‘Retain you [in wedlock] your wife, and fear Allah.’
And you were hiding in your heart that which Allah was about to make manifest:
you were fearing the people, but it is more fitting that you should fear Allah.
Then when Zayd broke his relationship with her, We joined her in marriage to
you, in order that in future there may be no difficulty on the believers in the
matter of marriage with the wives of their adopted sons when the latter have
dissolved their relationship [of marriage] with them. And this command of Allah
had to be fulfilled. (33:37)
Right after this proclamation, the Almighty revealed detailed directives
specifically for the Prophet (sws) regarding marriage and divorce. In these
directives, the above quoted conditions for polygamy were repealed but certain
other restrictions were imposed on him that were not imposed on other Muslims:
يَاأَيُّهَا النَّبِيُّ إِنَّا أَحْلَلْنَا لَكَ أَزْوَاجَكَ
اللَّاتِي آتَيْتَ أُجُورَهُنَّ وَمَا مَلَكَتْ يَمِينُكَ مِمَّا أَفَاءَ اللَّهُ
عَلَيْكَ وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّاتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ
خَالَاتِكَ اللَّاتِي هَاجَرْنَ مَعَكَ وَامْرَأَةً مُؤْمِنَةً إِنْ وَهَبَتْ
نَفْسَهَا لِلنَّبِيِّ إِنْ أَرَادَ النَّبِيُّ أَنْ يَسْتَنكِحَهَا خَالِصَةً لَكَ
مِنْ دُونِ الْمُؤْمِنِينَ قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِي
أَزْوَاجِهِمْ وَمَا مَلَكَتْ أَيْمَانُهُمْ لِكَيْلَا يَكُونَ عَلَيْكَ حَرَجٌ
وَكَانَ اللَّهُ غَفُورًا رَحِيمًا تُرْجِي مَنْ
تَشَاءُ مِنْهُنَّ وَتُؤْوِي إِلَيْكَ مَنْ تَشَاءُ وَمَنْ ابْتَغَيْتَ مِمَّنْ
عَزَلْتَ فَلَا جُنَاحَ عَلَيْكَ ذَلِكَ أَدْنَى أَنْ تَقَرَّ أَعْيُنُهُنَّ وَلَا
يَحْزَنَّ وَيَرْضَوْنَ بِمَا آتَيْتَهُنَّ كُلُّهُنَّ وَاللَّهُ يَعْلَمُ مَا فِي
قُلُوبِكُمْ وَكَانَ اللَّهُ عَلِيمًا حَلِيمًا لَا
يَحِلُّ لَكَ النِّسَاءُ مِنْ بَعْدُ وَلَا أَنْ تَبَدَّلَ بِهِنَّ مِنْ أَزْوَاجٍ
وَلَوْ أَعْجَبَكَ حُسْنُهُنَّ إِلَّا مَا مَلَكَتْ يَمِينُكَ وَكَانَ اللَّهُ
عَلَى كُلِّ شَيْءٍ رَقِيبًا(٣٣
:٥٠-٢)
O Prophet!
We have made lawful to you the wives whom you have paid their dowers and free
women whom [you have gained in a military campaign] and the daughters of your
paternal uncles and aunts and the daughters of your maternal uncles and aunts
who migrated [from Makkah] with you and any believing woman who gifts her soul
to the Prophet on the condition that the Prophet wishes to marry her. This
directive is specifically for you alone and not for the believers. We very well
know what We have imposed on them as obligations regarding their wives and slave
girls – [a special directive for you] so that that there be no difficulty for
you [in discharging your duties] and [and in case of any blemish], Allah is
Forgiving and Merciful. You have the authority to keep any of them away from you
and keep any of them near you and it is lawful for you to bring any of them near
you whom you have kept away. There is no blame on you in this regard. This
[explanation] is more proper so that they be contented and not be sorrowful –
that they may feel satisfied with whatever you give them. And Allah knows what
is in your hearts and Allah is All-Knowing and Most Forbearing. All other women
besides these are not lawful for you nor can you change them for other wives,
even though their beauty attracts you. Slave-girls, however [are still] allowed
to you. And [in reality] Allah does watch over all things. (33:50-2)
The statutes on which this group of directives is based
are:
Firstly, after contracting
marriage with Zaynab (rta), the Prophet (sws) could marry further for the
following objectives:
i. To honor free women who were
caught as captives in some military campaign.
ii. To show kindheartedness to
women who wanted to marry him just for the sake of associating themselves to
him, and for this they were ready to gift themselves to him.
iii. To console and sympathize
with his maternal or paternal cousin sisters who had migrated with him from
Makkah and left their houses and relatives merely to support and back him.
Second, since these marriages of
the Prophet (sws) were to be contracted only to fulfill certain religious
obligations, he was not required to deal equally between the wives.
Third, except for the women
specified, he was prohibited to marry any other lady;
he could also not divorce any of his wives nor bring a new one in her place
however much he liked her.
Consequently, the Prophet (sws)
married Jawayriyyah (rta) for the first objective outlined above, Maymūnah (rta)
for the second and Ummi Habībah (rta) for the third.
It is also pointed out in these
verses that the wives of the Prophet (sws) are the mothers of the believers;
consequently, marriage is eternally prohibited with them. No Muslim should even
think of marrying them after the Prophet’s death:
النَّبِيُّ أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنْفُسِهِمْ
وَأَزْوَاجُهُ أُمَّهَاتُهُمْ (٦:٣٣)
The Prophet is closer to the
believers than their own selves, and his wives are their mothers. (33:6)
وَلَا أَنْ تَنْكِحُوا أَزْوَاجَهُ مِنْ بَعْدِهِ أَبَدًا إِنَّ
ذَلِكُمْ كَانَ عِنْدَ اللَّهِ عَظِيمًا (٣٣:
٥٣)
Nor is it right for you that
you should marry his widows after him at any time. Truly such a thing is
abominable in Allah’s sight. (33:53)
It is evident from this discussion that these marriage directives were given to
Muhammad (sws) as a religious obligation in his capacity as Prophet and
Messenger of God. He followed these directives and there was no element of
personal desire in these marriages. Consequently, the need arose to make these
directives an exception to the general ones given to the Muslims in this regard.
(Translated from ‘Mīzān’ by Shehzad Saleem)
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