Indexed OCR Text

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Surah Al-Nisa' 4 : 12
this practice. To explain in details, it means that in case the deceased
wife has left no child behind, the husband will get, after the payment
of debt and execution of will, one-half of the total property left by the
deceased. Out of the remaining half, other heirs, such as the parents of
the deceased, her brothers and sisters, will get their shares according
to rules set for them.
If the deceased wife has left children - one or two or more, whether
male or female, either from the same husband, or from some previous
husband, then, the present husband will get, after the payment of debt
and execution of will, one-fourth of the total property left by the
deceased woman. Shares from the remaining three-fourth will go to
other heirs.
If it is the husband who dies leaving his wife behind and leaves no
children, the wife will get, after the payment of debt and the execution
of will, one-fourth of the total property left by the deceased. And if he
has left a child - either from the present wife or from some other wife -
she will get, after the settlement of debt and will, a one-eight share.
And if the deceased husband had more than one wife, all alive at the
time of his death, the attending details shall remain the same, however,
the share prescribed for the 'wife' (i.e. 1/4 or 1/8) shall be divided
equally between all the wives. In other words, every woman will not
get a share of one-fourth and one-eighth. Instead, all wives will share
the one-fourth or one-eight equally. Then, under both these conditions,
the inheritance which remains after settling the share of the husband/
wife will be distributed among other heirs left by them.
Ruling
It must be ascertained before the distribution of inheritance that
the mahr (dower) of the wife has been paid. If the deceased has not
paid the mahr of his wife, this will be taken as debt, and will have to
be paid first from the total property, like all other debts. The inheri-
tance will be distributed only after that. It should be noted that the
woman, after having received her mahr, shall go on to receive her fixed
share in the inheritance as a competent inheritor. And in case, the
property left by the deceased is not more than the value of dower, and
nothing remains after it is paid, the entire property will be given to
the woman against her debt of mahr very much like other debts and,

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as a result, no heir will receive any share from the inheritance thus
used up.
... Verse 12
وَإِنْ كَانَ رَجُلٌّ ◌ُرَثُ كَلْلَةً أَوِ امْرَأَهٌ وَّلَةٌ آَخْ أَوْ أُخْتُ فَلِكُلِّ
وَاحِدٍ مِّنْهُمَا السُّدُسُ؛ فَإِنُ كَانُوْا اكْتَرَ مِنْ ذَلِكَ فَهُمْ ◌ُرَكَاءُ
فِى الْقُّلُثِ مِنْ بَعْدٍ وَصِيَّةٍ يُوُصِى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ؟
قَصِيَّةً مِّنَ اللَّهِ، وَاللَّهُ عَلِيُمْ حَلِيمٌ ﴿ ... ١٢)
And if the man being inherited, or the woman, is
Kalalah (having no father or son to inherit) and he has
a brother or a sister, then, for each of them there is
one-sixth. And if they are more than that, they shall be
sharers in one-third, after (settling) the will that might
have been made, or debt, causing no damage. All this is
prescribed by Allah. And Allah is All-Knowing,
Forbearing. [ ... 12]
After having made a brief mention of rights of relations emerging
from lineage and marriage, the text now introduces the injunction
which covers the inheritance of a particular deceased who has left no
children or parents, details of which appear below
The inheritance of Kalalah
This later part of verse 12 describes the injunction relating to the
inheritance of Kalalah. There have been many definitions of Kalalah.
Al-Qurtubi reports these in his Tafsir. According to the most well-
known definition, 'A person who dies leaving no ascendants and
descendants is Kalalah.'
'Allamah al-Alusi, the author of Ruh al-Ma'ani says that Kalalah is
really a verbal noun used in the sense of Kalal' meaning 'to become
exhausted' which denotes 'weakness'. The name Kalalah has been
applied to every relationship other than that of father and son because
that relationship is weak as compared to the relationship of father and
son.
Moreover, the word, Kalalah has also been applied to the deceased
who left no son or father to inherit, as well as to the inheritor who is

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Surah Al-Nisa' 4 : 12
neither the son nor the father of the deceased. The lexical derivation
requires that the word, 3s : dhu, should be deemed as understood
though not expressed explicitly. Thus Kalalah will be taken in the
sense of Dhu Kalalah, meaning 'one having weak relation'. Later on,
the word also came to be applied to the property left as inheritance by
a deceased having no son and father.
In gist, if a person, man or woman, dies and leaves behind neither
father nor grandfather nor children, but does leave a brother or sister
from the same mother and different father, the brother will get 1/6
and, if there is none, the sister will get 1/6. However, if they are more
than one (for example, there may be one brother and one sister, or two
brothers and two sisters) then, they all will share one-third of the
entire property of the deceased. Here, the male will not get twice that
of the female. 'Allamah al-Qurtubi says:
وَلَيْسَ فِي الْفَرَائِضِ مَوْضِعٌ يَكُوُنَ فِيهِ الذَّكَرُ وَالْأُنْعَى سَوَّاءُ إِلَّ فِىْ مِيْرَاثٍ
اُلْآَخُوَّةِ لِلْأَمْء
The share of the brother and sister
Let it be clear that this verse refers to the share of Akhyafi
brothers and sisters (i.e. from the same mother and different fathers;
also referred to as half-brothers and half-sisters). Though, this restric-
tion has not been mentioned in the present verse, but consensus holds
it as creditable. The Qira'ah or rendition of Sayyidna Sa'd ibn Abi
Waqqas رضى الله عنه in this verse is: ◌ٍوَلَهَ احٌ أَوْأُخْتُ مِنْ أُمِّم (and he has a brother or
sister from his mother) as has been reported by al-Qurtubi, al-Alusi, al-
Jassaș and others. Although this rendition has not come to us through
tawatur (a consistent narration of a very large number of persons in all
ages) but because of the consensus of the entire Muslim ummah, it is
worth practicing. Another clear proof is that Allah Almighty mentions
the inheritance of Kalalah at the end of Surah Al-Nisa' as well. If, it
has been said there, there is one sister, she will get half. And if there
is one brother, he will inherit the entire property of his sister. And if
there are two sisters, they will get 2/3. And if there are several
brothers and sisters, the male will be given twice that of the female.
This injunction appearing at the end of the Surah refers to 'Aini (real
and full) brothers and sisters, and to 'Allati (from the same father and

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4:12
different mothers) brothers and sisters. If 'Allati and 'Aini brothers and
sisters were to be included here, it will cause a contradiction in injunc-
tions.
The issues regarding will (Waşiyyah)
The shares of inheritance have been described thrice in this section
and it has been said that this distribution of shares comes after the
execution of will and the payment of debt. As it has been stated
earlier, one-third of what remains of the property, after taking care of
the cost of the funeral for the deceased, and payment of debts, shall be
applied to the execution of the will. If the will exceeds the extent of
one-third, it is not legally enforceable. According to the rule of
Shari'ah, the payment of debt comes before the execution of will. If the
entire property is used up in paying debts, there will be no will to
execute and no property to distribute. At all the three places where
'will' has been mentioned, 'it' appears before 'debt'. As obvious, this
gives the impression that the right of 'will' precedes 'debt'. Removing
this misunderstanding, Sayyidna 'Ali me July», said:
انكم تقرأون هذه الاية مِنْ بَعْدٍ وَصِيَّةٍ تُوُصُرُونَ بِهَا أَوْدَيْنٍ، وان رسول الله
صلى الله عليه وسلم قضى بالدين قبل الوصية. (مشكوة بحواله ترمذى ص ٢٦٤)
(You recite the verse: ◌ِمِنْ بَعْدٍ وَصِيَّةٍ تُوْصُونَ بِهَا أَوْدَيْن that is, 'after
settling the will they might have made, or debt' [where 'will'
comes first] but [practically] the Holy Prophet, may peace be
upon him, has settled, 'debt' before 'will').
Still, we have to know the point as to why will follows debt
'practically' while, in words, it has been mentioned earlier. In this
connection, the author of Ruh al-Ma'ani has this to say:
وتقديم الوصية على الدين ذكراً مع ان الدين مقدم عليها حكما لاظهار
كمال العناية بتنفيذها لكونها مظنة للتفريط فى ادائها الخ .
It means that the mention of will before debt in this verse is to
emphasize upon the enforcement of the wills. Since the beneficiary of a
will deserves it without any price paid by him, and often without
having a kinship with the testator, it was likely that the inheritors
ignore to enforce it or, at least, may cause unnecessary delay in its
execution, because they may have not liked to see the property that

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Surah Al-Nisa' 4: 12
was to be inherited by them going to somebody else. So, it was to keep
up the importance of will that it was mentioned before debt. Then, it is.
also not necessary that every person incurs a debt, and if a person
incurs it during his life-time, it is not necessary, that the said debt
remains unpaid upto the time of his death. And even if the debt was
due to be paid at the time of death, even then, since the claim of debt
comes from the debtors to which the inheritors cannot say no, the like-
lihood of any shortcoming in this respect is slim. This is contrary to
the case of will in which the deceased, when he bequeaths part of his
property, earnestly desires that he should invest it in something good
which serves as ongoing charity on his behalf. Since, there is no
chance of a claim on this bequeathed property from any side, there
was a possibility that the inheritors themselves might fall into some
sort of shortcoming, so, it was to offset this likelihood that the 'will'
has been mentioned first everywhere as a special measure.
Rulings
1. If there is no debt and no will, the entire property, after taking
care of the funeral expenses, will be distributed over the inheritors.
2. Making a will in favour of a heir is not lawful. If someone makes
a will in favour of his son, daughter, husband or wife, or for someone
else who is going to get a share in his inheritance, then, this will is not
enforceable. The inheritors will get what is coming to them as their
share in the inheritance. They are not entitled to more than that. The
Holy Prophet صلى اللّه عليه وسلم said in his famous address on the occasion
of his last Hajj:
إِنَّ اللَّهُ قَدْ أَعْطَى كُلَّ ذِيُ حَقِّ حَقَّهُ فَلَا وَصِيَّةً لِوَارِثٍ . (مشكوة بحواله ابوداؤد ص
٢٦٥)
(Surely, Allah has given every person his (or her) right. So,
there is no will for an inheritor.) (Mishkat with reference to Abu
Dawud, p. 265)
However, should other inheritors permit, the will made in favour of
a particular inheritor, may be executed first and, then, the rest of the
property may be distributed in accordance with the method laid down
by the Shari'ah, in which the particular inheritor will also get his fixed
share from the inheritance. Some hadith narrations do carry the excep-

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Surah Al-Nisa' 4 : 12
tion of us'luaf 3 %) (unless inheritors wish). (as in al-Hidayah).
The words chips (causing no damage) appearing after the rules of
inheritence of Kalalah have a special significance. They are to warn
that even though the execution of the will and paying off the debts
have precedence over the shares of the heirs, yet this rule should not
be misused to cause harm to the genuine inheritors.
If anyone makes a will or makes a false admission of indebtedness
so as to deprive inheritors, then, he is doing something strictly
forbidden and is committing a major sin.
There are many ways damage can be done through debt and will.
For example, one may deliberately lie that he is in debt, just to let that
be given to a friend or somebody else. Or, he may show something
special which he owns personally as something he holds in trust for
somebody so that it can stay out of the total inheritable property. Or,
one may make a will for property beyond the extent of one-third. Or,
he lies about an unpaid loan he gave to somebody and says that the
debt was paid off so that it does not pass on to the inheritors. Or, one
may, during his illness culminating in death (,12), make a gift of
more than one-third in the name of somebody.
These are forms of causing damage. Every legator who is going to
bid farewell to this mortal world should do his best to stay away from
causing such damages during the last moments of his life.
It should be noticed that although the words 'causing no damage'
have appeared only with the rules relating to Kalalah, however, the
rule laid down by them is general and is also understood at two
previous places where the precedence of will and debt has been
mentioned in these verses. Therefore, it is not the Kalalah only who
should refrain from causing harm to his inheritors, but the same rule
applies to all persons who wish to make a will.
The emphasis on distribution according to fixed shares
Towards the end of the verse, after the shares of inheritance have
been described, Allah Almighty has said: ◌ِوَصِيَّةً مِّنَ الله (All this is
prescribed by Allah). It means that it is imperative to act upon what-
ever has been prescribed in relation to shares as fixed and the
payment of debt and the execution of will as emphasized. Being a

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Surah Al-Nisa'
4 : 13-14
mandate and injunction of supreme significance, one should do
nothing to contravene it. Then, as additional warning it was said: a,
Pause (And Allah is All-Knowing, Forbearing). It means that Allah
knows everything and He has apportioned these shares knowing
everybody's true state of being as in His knowledge. Whoever obeys
and acts in accordance with these injunctions, this good deed of his
shall not remain outside the reach of His knowledge. And whoever
contravenes these injunctions, this evil conduct of his shall certainly
appear as it is in the knowledge of Allah for which he shall be held
accountable.
In addition to that, if a deceased person has caused damage to his
heirs through debt or will, Allah knows that as well. So, one should
never be fearless from Allah's punishment. However, it is quite
possible that Allah Almighty may not punish a person right here in
this mortal world, because He is Forbearing. But, the one who
disobeys and acts in contravention should better not deceive himself
by thinking that he really got away.
Verses 13 - 14
تِلْكَ محُدُوْدُ اللهِ وَمَنْ يُطِعِ اللّهَ وَرَسُلَهُ مُدْخِلُهُ حَثْتٍ تَجْرِئُ
مِنْ تَحْتِهَا الْآَنْهُ خُلِيْنَ فِيْهَا وَ ذَلِكَ الْفَوُزُ الْعَظِيْمُ ﴿١٣﴾
وَمَنْ بَعْصِ اللّهَ وَرَسُوْلَهُ وَيَتَعَدَّ مُدُودَ، يُدْخِلُهُ نَارًا خَالِدًا
فِيْهَا وَلَهُ عَذَابٌ مُهِينٌ ﴿١٤)
These are the limits set by Allah. And whoever obeys
Allah and His Messenger, He will admit him to gardens
beneath which rivers flow, remaining there for ever.
And that is a great success. [13] And whoever disobeys
Allah and His Messenger and crosses the limits set by
Him, He shall admit him to the Fire, remaining there
for ever. And for him there is a humiliating punish-
ment. [14].
Commentary
It is the consistent style of the Holy Qur'an that whenever it has
described the beliefs and injunctions prescribed by Allah, it is followed
by promises of reward or warnings of punishment.

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Surah Al-Nisa' 4 : 13-14
This is what has been done here in these two verses after
mentioning the rules of inheritance. The purpose is to stress upon
Muslims to obey these injunctions.
SOME ADDITIONAL RULES OF INHERITANCE
A Muslim cannot inherit from a Kafir
Although, the distribution of inheritance is based on nearness of
kinship, but there are certain exceptions to this rule. First of all, the
deceased and his inheritor should not be from two different religions.
Therefore, a Muslim will not inherit from any kafir and no kafir from a
Muslim, no matter what lineal relationship they may have between
them. The Holy Prophet صلى الله عليه وسلم said:
لَا يَرِثُ الْمُسْلِمُ الْكَافِرَ وَلَ الْكَافِرْ الْمُسْلِمُ (مشكوة ص ٢٦٣)
(The Muslim does not inherit the kafir, nor does the kafir
(inherit) the Muslim.) (Mishkat, p. 263)
This rule relates to a situation when a person is a Muslim or a
kafir by birth. But, if a person who was first a Muslim, turned away
from Islam and became an apostate and died or was killed in that
state of apostasy, all his earnings while being a Muslim shall go to his
Muslim inheritors, and whatever he may have earned after his apos-
tasy shall be deposited in the Bayt al-Mal (Public Exchequer).
But, if a woman becomes an apostate, all her property, whether
acquired during her days of Islam or during apostasy, shall go to her
Muslim inheritors. However, an apostate as such, man or woman,
shall not inherit from any Muslim nor from any other apostate.
The inheritance of the killer
If someone kills a person from whose property he was entitled to
receive a share, he shall no longer remain his inheritor and shall be
excluded from the inheritance of the person whom he has killed.
The Holy Prophet صلى الله عليه وسلم said: (اَلْقَاتِلُ لَا يَرِثُ (مشكوة ص ٢٦٣ (The killer
shall not inherit.) (Mishkat, p. 263) However, some forms of qatl al-khata'
(accidental or unintended homicide) are excepted from this rule,
details of which appear in books of Fiqh.
The inheritance of the unborn child
If a person leaves some children and his wife is pregnant, then this

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Surah Al-Nisa' 4 : 13-14
unborn child will also be counted among inheritors. But, since it is
either difficult or uncertain to determine the sex or the number of chil-
dren in the mother's womb, it would be appropriate to postpone the
distribution of inheritance until the birth of the child. If, the distribu-
tion of property has to be made necessarily, then, as an expedient
measure, one must suppose two situations in terms of a boy or a girl
and distribute to the inheritors the lesser portion coming out of the
two situations. The remaining should be held for the child-to-be-born.
The inheritance of a woman in the period of 'iddah
In case a person divorces his wife and the divorce is revocable, and
this person dies before the revocation of the divorce and the expiry of
his wife's waiting period, then this woman will get a share in the
inheritance, for the marriage is in force.
If a person divorces his wife during his sickness culminating in his
death, even though the divorce is irrevocable or pronounced thrice,
and he died before the expiry of the waiting period, even then, this
woman will get a share in the inheritance. And in order to make her
inherit, the longer of the two waiting periods shall be taken as opera-
tive in the following manner.
The waiting period following a divorce is three menstrual periods
and the waiting period following the death of the husband is four
(lunar) months and ten days. The waiting period out of the two which
lasts longer shall be prescribed as the waiting period for the aforesaid
woman so that the woman may get a share in the inheritance as far as
possible.
And if a person divorces his wife, irrevocably or by pronouncing it
thrice, prior to any sickness culminating in his death and, a few days
later he passes away during the period of his wife's waiting period,
then, she will not get a share in the inheritance under this situation.
However, if the divorce given was revocable, she will inherit
Ruling:
If a wife secures a separation from the husband at her own
instance (¿" : khul) within the period of his sickness which culminates
in his death, then, she will not be an inheritor, even though her
husband may die during her waiting period.
-

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Surah Al-Nisa' 4 : 13-14
The inheritance of 'aşbat'
There are twelve heirs for whom specified shares have been settled
and fixed by the Shari'ah known as Fara'id. These heirs are called
ashabul-furud, that is, 'the possessors of obligatory shares اصحاب الفروض
in inheritance as determined in the Holy Qur'an.' These have been
explained earlier. If there is no heir from the category of ashabul-furud
or there remains some property after shares have been given to
ashabul-furud, this remainder or residue is given to 'asbah (agnatic
heir, or residuary). There are times when one person alone inherits in
both capacities. There are other situations when the children of the
deceased and his father too become 'asbah and so do the offspring of
the father, that is, the brother.
There are several kinds of 'asbat or agnates, details of which
appear in the books of Fara'id. To illustrate, here is an example: Zayd
died leaving behind four heirs - wife, daughter, mother and uncle.
Zayd's property will be divided into a total of twenty four shares. Half
of these, that is, twelve shares will go to the daughter, three shares to
the wife against her 1/8, four shares to the mother against her 1/6, and
the residue of five shares will go the uncle in the capacity of his being
'asbah, the nearest male agnate.
Rulings
1. If there are no 'asbat (agnatic heirs) the residue of the property
following the distribution of shares to ashabul-furud, is also given to
them. In the terminology of 'Ilmul-fara'id, this is known as the prin-
ciple of Radd or Return since the residue 'returns' to them in propor-
tion to their shares. However, the husband or the wife is not entitled
to this 'return' and they are not given any more than their specified
shares.
2. If there is no one from ashabul-furud and no one from 'asbat
either, the inheritance goes to Dhawil-Arham (maternal kinsmen).
There is a large list of Dhawil-Arham which includes maternal grand-
sons and grand daughters, offspring of sisters, paternal aunts,
maternal uncles, and aunts. Since the subject has lot more details
which cannot be taken up in the present context, it is hoped that
comments already offered will be sufficient.

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Surah Al-Nisa' 4 : 15-16
Verses 15-16
وَالَّتِى يَأْتِيْنَ الْفَاحِشَةَ مِنْ نِّسَائِكُمُ فَاسْتَشُّهِدُوا عَلَيْهِنَّ
أَرْبَعَةً مِّنْكُمْ فَإِنْ شَهِدوا فَأَمْسِكُؤُ هُنَّ فِى الْوُتِ حَتَّى
يَتَوَقَّهُنَّ الْمُؤْتُ أَوْ يَجُعَلَ اللَّهُ لَهُنَّ سَبِيْلًا (١٥) وَالَّذُنِ يَأْتِيْنِهَا
مِنْكُمُ فَأُذُؤُهُمَاتَ فَإِنُ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَاءُ إِنَّ اللَّهَ
كَانَ تَوَّابًا تَرَحِيْمًا ﴿١٦)
And those of your women who commit the shameful
act, then have four witnesses from among you. So, if
they do testify, then confine those women to their
homes until death overcomes them or Allah prescribes
a way for them. [15] And those two of you who commit
it, torture them both. But if they repent and amend,
turn away from them. Surely, Allah is Most-Relenting,
Very-Merciful. [16]
Sequence
In previous verses, the objective was to correct the malpractices of
the days of ignorance committed about orphans and inheritances. The
people of jahiliyyah also used to subject women to cruel treatment.
They had certain other evil customs also, such as marrying prohibited
women.
The present verses are meant to correct such customs, however, it
has been permitted that if a woman commits a proven guilt, she can be
punished. This subject of correcting the evil customs will continue
through the next two or three sections.
Commentary
These verses prescribe punishments for men and women who
commit zina, (adultery or fornication). If this comes from women, the
first verse requires the presence of four male witnesses to prove it. It
means that the executive authority before which the case goes should
call for four qualified witnesses to prove zina. Then, it is necessary
that all the witnesses are male. The testimony of women in this
connection is not valid.
Since the guilt of zina is of extremely grave nature which not only

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Surah Al-Nisa' 4 : 15-16
violates honour and modesty, but also brings bad name to the family,
Islam has taken very strict attitude while setting the standard of
evidence to prove this guilt. Firstly, there came the condition that
witnesses have to be men; the evidence of women was not considered
valid. Secondly, the number of the required witnesses is raised to four.
As obvious, this condition is very hard to meet. It is something which
can very seldom take place. This strict approach was taken so that the
husband of the woman, his mother or (another) wife or sister do not
level undue accusations against her out of personal spite. It was also
to check that other ill-wishing people do not get any chance to release
their personal hostility by accusing her falsely. Testimony to zina by
less than four individuals renders their evidence invalid in which case
the complainant and the witnesses may all be charged as liars and the
Hadd of Qadhf (punishment for false accusation) becomes operative
against them for having falsely accused a Muslim.
It has been very clearly said in Surah An-Nur:
لَمْلَا جَاءُ وا عَلَيْهِ بِأَرْبَعَةِ شُهَدًا، فَإِذْلَمْ يَأْتُوْا بِالشُّهَدَاءِ فَأُولَئِكَ عِنْدَ اللَّهِ هُمُ
اُلْكَاذِبُونَ
which means that those who cannot produce four witnesses are liars.
Some revered elders, describing the wisdom behind the need to
have four witnesses, have said that since this case involves two indi-
viduals, man and woman, this one single case comes, so to speak,
under the purview of one rule for two cases. Since each case requires
two witnesses, so four witnesses will be necessary in this case.
Towards the end of the verse, it is said that should they both
repent and correct themselves, then, leave them. It means that, in case
they have repented after punishment, they should not be disgraced
and punished any more. It does not mean that the act of repentance
has absolved them of the punishment because this repentance has
been mentioned after punishment as obvious from the ramification of
the letter fa' (literally, "then, turn away", which has been left as under-
stood in the present translation). However, in case repentance has not
been made, reproach is in order even after punishment.
No definite Hadd (punishment) has been described in these two

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Surah Al-Nisa' 4 : 15-16
verses of the Holy Qur'an. What has been said here is limited to
"torture them" and "confine the fornicating women to their homes". No
particular method of such "torture" has been described either, and this
has been left to the discretion of the authorities. Sayyidna Ibn 'Abbas
Le July», says that torture here means that they should be verbally
reproached and put to shame, as well as, given physical punishment
such as hitting with hands and shoes ... This statement reported from
Sayyidna Ibn 'Abbas as Ul », appears to be illustrative. The fact of the
matter is that this whole thing has been left to the discretion of the
authorities.
In the order of revelation, the injunction 'to torture' the adulterers
came first, and it was later that the women guilty of adultery were
ordered to be 'confined to their homes'. While giving this command, the
Holy Qur'an has mentioned two limits for the period of their confine-
ment. The words used are: "Confine those women to their homes until
death overcomes them or Allah prescribes a way for them". It means
that such women shall be confined to their homes till their death,
however, if Allah prescribes some. other punishment for them while
they are still alive, then that punishment will replace the punishment
of confinement. That new (expected) punishment has been referred to
in this verse as 'a way' prescribed by Allah. Later this 'way' as prom-
ised in this verse was prescribed and was revealed. Interpreting the
يعنى ,says رضى الله عنه word 'way' used in this verse, Sayyidna Ibn 'Abbas
that is, stoning to death, for the married and lashing) الرجم للثيب والجلد للبكر
for the unmarried.) (al-Bukhari, Kitab al-Tafsir, v.2, p. 657)
This "way" stands proved through clear statements of the Holy
Prophet صلى الله عليه وسلم himself where the relevant injunctions for the
married and the unmarried have been described separately. The Holy
Prophet صلى الله عليه وسلم had pronounced the Hadd punishment of zina in
the case of Sayyidna Ma'iz ibn Malik as Ul ya, and a woman from the
tribe of Azd. Since both of them were married, they were stoned to
death. In addition to that, a couple from among the Jews of Madinah
was also stoned to death because of zina and this judgment against
them was pronounced on the authority of an injunction of Torah.
The injunction relating to the unmarried offender is mentioned in
Surah al-Nur of the Holy Qur'an itself:

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Surah Al-Nisa' 4 : 15-16
الَّانِيَهُ وَالزَّانِيُ فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ
(The fornicator, woman or man, administer each one of them -
a hundred lashes.) - (24:2)
A verse of the Holy Qur'an was also revealed earlier to cover the
injunction of rajm (stoning to death), but its recitation was later on
abrogated. However, the injunction itself was retained as operative.
Sayyidna 'Umar رضى الله عنه has said:
إِنَّ اللّهَ بَعَثَ مُحَتَّدًا بِالْحَقِّ وَاَنْزِلَ عَلَيْهِ الْكِتُبَ فَكَانَ مَِّ آَتْزَلَ اللَّهُ تَعَالى ايَةً
الرِّجُمِ رَجَمَ رَسُلُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَرَجَمْنَا بَعْدَهُ وَالرَّجُمُ فِىْ كِتَابٍ
اللّهِ حَقٌّ عَلى مَنُ زَنى ◌ِذَا أَحْصَنَ مِنَ الرِّجَالِ وَالنِّسَاءِ (بخارى ومسلم - مشكوة ص
٣٠٩)
(Surely, Allah sent Muhammad صلى الله عليه وسلم with the truth
and sent down to him the Book. Then, in what was revealed
by Allah Almighty there was the verse of Rajm. The Holy
Prophet صلى الله عليه وسلم stoned and we stoned after him and the
revealed injunction of Rajm stands proved against every one
who commits zina despite being married, whether man or
woman.) (al-Bukhari, Muslim, as in Mishkat, p. 309)
To sum up, the injunction of 'torturing' and 'confining to homes'
which appears in these verses was abrogated after the subsequent
revelation of the legal Hadd punishment of zina, that is, one hundred
lashes or Rajm will be mandatory. More details in this connection will,
God willing, appear in the commentary on Surah al-Nur
Homosexuality
The above discussion was based on the assumptions that both
verses 15 and 16 relate to the fornication or adultery committed
between men and women. However, some commentators of the Holy
Qur'an, including Qadi Thanaullah Panipati, are of the view that verse
16 refers to homosexual act committed between two males. Verse 16 is
translated as follows:
"And those two of you who commit it (the shameful act),
torture them both".
Here the Arabic word used for 'those two of you is a musculine
pronoun which presumes males on both sides. On this basis, these

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Surah Al-Nisa' 4 : 15-16
commentators have opined that this verse relates to two males
committing unnatural shameful act, i.e. homosexuality. The commen-
tators, who take both verses as referring to fornication or adultery,
refute this argument on the principle that in general usage musculine
expressions include feminine also. Be that as it may, the possibility of
a reference to homosexuality in this verse cannot be ruled out.
Therefore, it is pertinent here to give some details about the severe
prohibition of homosexuality. Here are some Traditions of the Holy
Prophet صلى الله عليه وسلم and his noble Companions on this subject:
عن أبى هريرة رضى الله عنه أن رسول الله صلى الله عليه وسلم قال: لعن
اللّه سبعة من خلقه من فوق سبع سموته وردّد اللعنة على واحد منهم ثلاثاً
ولعن كل واحد منهم لعنة تكفيه، قال: ملعون من عمل عمل قوم لوط،
ملعون من عمل عمل قوم لوط، ملعون من عمل عمل قوم لوط، . (الحديث)
As narrated by Sayyidna Abu Hurairah رضى الله عنه , the Holy
Prophet صلى الله عليه وسلم said: "Allah has cursed seven types of his
creatures from above the seven heavens. He has cursed one of
them thrice, while has cursed the others one time which is
enough for them. (About the one whom He has cursed thrice)
He has said, "Cursed is he who did what the people of Lot did.
Cursed is he who did what the people of Lot did. Cursed is he
who did what the people of Lot did." (At-Targhib wat-Tarhib)
وعن أبى هريرة رضى اللّه عنه عن النبى صلى الله عليه وسلم قال: أربعة
يصبحون فى غضب الله ويمسون فى سخط الله، قلت: من هم يا رسول
الله؟ قال: المتشبهون من الرجال بالنساء والمتشبهات من النساء بالرجال،
والذى يأتى البهيمة، والذى يأتى الرجال .
Sayyidna Abu Hurairah رضى الله عنه reports that the Holy
Prophet صلى الله عليه وسلم said: "Four types of people are, when
they begin their day, under the wrath of Allah and when they
reach their evenings they are under the rage of Allah." I
asked: "Who are they, O Messenger of Allah?" He said: "Men
who imitate women and women who imitate men and he who
goes unto animals and he who goes unto men". (op. cit.)
وعن ابن عباس رضى الله عنهما قال: قال رسول الله صلى الله عليه وسلم
: من وجدتموه يعمل عمل قوم لوط فاقتلوا الفاعل والمفعول به .

361
Surah Al-Nisa'
4 : 15-16
As narrated by Sayyidna Ibn 'Abbas رضى الله عنهما ,the Holy
Prophet صلى الله عليه وسلم said: "If you find someone doing what
the people of Lot did, kill both the doer and the one with
whom it is done. (op. cit.)
In At-Targhib wat-Tarhib cited above, Hafiz Zaki al-Din has said
that four caliphs, Sayyidna Abu Bakr, Sayyidna 'Ali, Sayyidna
'Abdullah ibn Zubayr and Hisham ibn 'Abdul-Malik Js J+, had
condemned those guilty of sodomy to the fire. In this connection, he
has also related, on the authority of Muhammad ibn Al-Munkadir, an
event to the effect that Sayyidna Khalid ibn Walid Je, wrote a
letter to Sayyidna Abu Bakr as Ul ya, reporting that there was a man
in a certain Arabian locality with whom they did what is done with
women. Sayyidna Abu Bakr as ing», called a meeting of the noble
Companions, - Sayyidna 'Ali as Al , being one of them. He said that a
sin like that was not committed by any human group except one, and
they all knew how Allah Almighty dealt with those people. He
proposed that the man be condemned to fire. Other Companions
concurred and Sayyidna Abu Bakr ue Ul z», decreed accordingly.
In the Hadith narrations quoted above, the act of the people of Lut
has been repeatedly mentioned. The reference is to the people to whom
Sayyidna Lut WJI Le (Lot) was sent as their prophet. Apart from their
disbelief in the Divine Message and the Messenger, and their ascribing
all sorts of partners to Allah, they were also addicted to this abomi-
nably unnatural practice. When the preachings and teachings of Sayy-
idna Lut WILL had no effect on them, the angels acted as
commanded by Allah Almighty. They physically lifted the habitations
of these people off the ground, then a flip upside down, and down they
threw the whole thing back on the ground. Details will, Inshallah,
appear in the Commentary on Surah al-A'raf.
The hadith narrations given above related to homosexual act.
There are other narrations which carry the severest of warnings
against indulging in the unnatural act (anal intercourse) with women:
عن ابن عباس رضى اللّه عنهما أن رسول اللّه صلى اللّه عليه وسلم قال:
لا ينظر الله عز وجل إلى رجل اتى رجلاً أو امرأة فى دبرها
Sayyidna Ibn 'Abbas رضى الله عنه narrates that the Holy Prophet

362
Surah Al-Nisa' 4 : 17-18
(said: "Allah Almighty does not look (mercifully صلى الله عليه وسلم
at the man who commits anal intercourse with a man or
woman."
عن خزيمة بن ثابت قال: قال رسول اللّه صلى اللّه عليه وسلم: ان الله
لا يستحى من الحق، ثلاث مرات، لا تأتوا النساء فى أدبارهن
Sayyidna Khuzaimah ibn Thabit رضى الله عنه says that the Holy
Prophet صلى الله عليه وسلم said : Allah does not get embarrassed by
stating the truth. He said this thrice. Then, he said: "Do not
go unto women anally."
وعن أبى هريرة رضى الله عنه أن رسول الله صلى الله عليه وسلم قال:
ملعون من أتى امرأة فى دبرها
Sayyidna Abu Hurairah رضى الله عنه narrates that the Holy
Prophet صلى الله عليه وسلم said: "Cursed is he who goes unto women
anally." (At-Targhib wat-Tarhib)
وعنه أن رسول اللّه صلى اللّه عليه وسلم قال: من اتى حائضاً أو امرأة فى
دبرها أوكاهنًا فصدقه، فقد كفر بما انزل على محمد صلى الله عليه وسلم.
He also narrates that the Holy Prophet صلى الله عليه وسلم said:
"One who goes unto a woman in menstruation, or in her anus
or goes to a soothsayer (kahin) and accepts his statement
relating to the unknown, then, such people have rejected what
". صلى الله عليه وسلم was revealed to Muhammad
As for a fixed punishment for this evil act, there is a difference of
opinion among Muslim jurists, details of which are available in books
of Figh. Nevertheless, the nature of such punishments reported by
them is as severe as it can be, such as, burning into fire, bashing
under a wall felled over, throwing down from a height, stoning and
beheading with a sword.
Verses 17 - 18
إِنَّا التَّوْبَةُ عَلَى اللّهِ لِلَّذِيْنَ يَعْمَلُّنَ السُّكَوْءَ بِجَهَالَةٍ ثُمَّ
يُتُبُونَ مِنْ قَرِيْبٍ فَأُولَئِكَ يَهُوُبُ اللهُ عَلَيْهِمْ، وَكَانَ اللَّهُ
عَلِيْمًا حَكِيْمًا (١٧) وَلَيْسَتِ التَّوْبَةُ لِلَّذِيْنَ يَعْمَلُونَ السَّاتِ؟
:

363
Surah Al-Nisa'
4: 17-18
حَيْثَى إِذَا حَضَرَ أَحَدَهُمُ الْمُؤْتُ قَالَ إِنِّيُ ◌ُبْتُ الْغُنَ وَلَاَ الَّذِيْنَ
يَهُوُتُوُنَ وَهُمْ كُفَّارْءٍ أُولِكَ أَعْتَدُنَا لَهُمْ عَذَابًا أَلِيُّمًا ﴿١٨)
The relenting taken by Allah upon Himself if for those
who do evil in ignorance then repent shortly there
after. So, Allah relents towards them. And Allah is All-
Knowing, All-Wise. [17]
And the relenting is not for those who do the evil deeds
until when the time of death approaches one of them,
he says, "Now I repent", nor for those who die while
they are still disbelievers. For them We have prepared
a painful punishment. [18]
Repentance was mentioned in the previous verse. Now, given in
the present two verses are conditions under which repentance is or is
not accepted.
Commentary
Repentance from a deliberate sin
At this point, it should be noted that the Holy Qur'an has used the
words "in ignorance" which apparently gives an impression that the
repentance may be accepted when a sin is committed unintentionally
and unknowingly. But if it is committed deliberately, it will not be
acceptable. However, according to the explanation of this verse given
by the noble Companions, may Allah be pleased with them all, the
word, "jahalah" (ignorance) here does not mean that a sinning person
is not aware of a sin as sin, or has no intention or volition to commit a
sin. Instead, it means that it was the insensitivity and heedlessness of
a person towards the evil end of sin and its ultimate punishment
which became the cause of his audacity to venture into sin, even
though he knew a sin as sin, and had approached it with intention and
volition as well.
In other words, the word, "jah alah" or ignorance used here is in the
sense of carelessness or stupidity. This is supported by an evidence in
Surah Yusuf. Sayyidna Yusuf >JILL (Joseph) had said to his brothers:
,Here the brothers have been called هَلْ عَلِمُهُمْ تَمَّا فَعَلُهُمْ بُيُؤْسُفَ وَآَخِيْءٍ إِذْ أَنْهُمْ جَاهِلُونَ
"jahilun", the ignorant ones, although what they did was not the
outcome of any error or forgetfulness but they had done that know-

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Surah Al-Nisa' 4 : 17-18
ingly and with full deliberation. Yet, it is because of their heedlessness
towards the evil end of their act that they have been called "jahil"
(ignorant).
Abu al-'Aliyah and Qatadah report that the noble Companions, may
كل ذنب أصابه عبد فهو جهالة عمدا كان Allah be pleased with them all, agreed that
.je,i , that is, 'any sin committed by a servant of Allah is, anyway, an
act of ignorance, be it deliberate or otherwise.'
كل عامل بمعصية الله فهو جاهل حين عملها :The master of exegesis, Mujahid said
"Every one who is doing anything in disobedience to Allah is, for that
matter, ignorant while doing it," even though, on the outside, he may
appear to be a person of great learning. (Ibn Kathir)
In his Tafsir, al-Bahr al-Muhit, Abu Hayyan has said: "This is just
like what has been reported in a hadith - لايزنى الزانى وهو مؤمن ,that is, 'a
person who commits zina (adultery) will not be doing so while in a
state of being a true Muslim.' It means that the time when he
succumbed to the temptation of this evil act, that was the time when
he was flung far off from the demand of his faith. For this reason,
Sayyidna Ikrimah said : امور الدنيا كلها جهالة , that is, 'everything one does in
this mortal world - outside the framework of obedience to Allah - is
ignorance.' The logic is very obvious since the person disobeying Allah
is preferring short-lived pleasures over those ever-lasting; and, anyone
who takes the punishment which will last for ever and ever in
exchange for this short-lived series of pleasures cannot be called
rational, sensible or smart. Such a person would be universally termed
as ignorant, even if he knows the evil of his act and has all the inten-
tion and resolve to go ahead with it.
The gist of the discussion so far is that the sin that a man commits,
deliberately or mistakenly, gets committed due to nothing but 'jih alat'
or ignorance. Therefore, there is a consensus of the entire Muslim
ummah on the principle that the repentance of a person who commits
some sin deliberately can also be accepted. (al-Bahr al-Muhit)
Incidentally, there is another point worth attention in the present
verse which prescribes a condition for the acceptance of repentance -
that one should repent soon without delaying it. The Qur'anic words
are: "Shortly thereafter." What does "shortly" signify and how much

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Surah Al-Nisa'
4 :17-18
time will come within the limit of "shortly"? The Holy Prophet @ has
himself explained this in a hadith in the following words:
;tu ch. The hadith means that Allah Almighty accepts the repen-
tance of His servant until the time he passes into the throes of death
and his soul struggles to get out of his rattling throat.
Muhaddith Ibn Marduwayh has narrated from Sayyidna 'Abdullah
صلى الله عليه وسلم that he heard the Holy Prophet رضى الله عنه ibn 'Umar
saying: 'A believing servant of Allah who repents from his sin a month
before his death, or repents a day or a moment earlier, Allah Almighty
shall accept his repentance, the condition being that the repentance
should be genuine and sincere. (Ibn Kathir)
In short, the explanation of "min qarib" (shortly thereafter) given
by the Holy Prophet صلى الله عليه وسلم himself tells us that virtually man's
whole life-time comes under "garib" and, as such, any repentance
which is offered well before death shall be acceptable. However, the
repentance made by man while in throes of death is not acceptable.
Maulana Ashraf 'Ali Thanavi in his Tafsir Bayan al-Qur'an, has elabo-
rated the subject by saying that man faces two conditions when close
to death. Firstly, there is the condition of utter hopelessness when all
medicines and efforts fail and man comes to realize that death is
round the corner. This is known as the state of "_L" i.e., conscious
suffering. The second condition relates to what comes after, that is,
when the pangs of the departure of human soul begin and the fated
time of ghargharah (the onomatopoetic rattling sound emerging from
the throat, a herald of approaching death) comes close. This is known
as the state of _\ i.e., total despair. The first condition, that is, the
condition of conscious suffering comes within the sense of "min garib"
and the repentance made at that time is accepted; but, the repentance
in the second condition, that is, the condition of total despair, is not
acceptable, for this is a condition when the angels and things
belonging to the Hereafter may start appearing before the dying
person, and they are not included in the sense of "min qarib".
This explanation given by the Holy Prophet صلى الله عليه وسلم has been
pointed out by the Holy Qur'an itself in the following verse (i.e. verse
18) where it is expressly mentioned that repenting, after the sure signs
of death are visible, is not accepted.