05-13-2008, 11:23 AM
Bismillah
as salam alykom Karbala,
Alright let me elaborate and help you understand the interconnectivity of Quran, not that I expect you to consider what I m about to say, but I m doing my job and it is up to u to take it or not. Actually, to further explain, I m really into maintaining this thread to serve as an enlightening tool for others or whoever come to this place even after our death. That is why I m trying to dig as much as possible to try and put as much as fact as we can.
Karbala, as you prbably know Quran is interconnected and texts do explain one another, thus, we cannt simply chop and take parts, then explain it or interpret the way we like to serve certain trends. NO we cannt.
Allah Sat marital and divorce rules in different position in Quran for wisdom that is only known to Allah. I mean the rules were mainly estalished in Surat Baqarah, then explained further in Nisaa and others.
In Surat Baqarah: 236 Allah Say:
لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاء مَا لَمْ تَمَسُّوهُنُّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً <b>وَمَتِّعُوهُنَّ </b>عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ
There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their bridal money. <b>But bestow on them (a suitable gift), </b>the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إَلاَّ أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ إِنَّ اللّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
"And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the bridal money, then pay half of that, unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed bridal money. And to forego and give (her the full bridal money) is nearer to piety. And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do."
Those are the two rules governing divorce before marriage consummation: one in case the husband committed himself with a deferred dowry (the second Ayah), then the woman will be in titled to half the amount. The first Ayah explains the case when there is not eferred dowry. In such case the man might give out an amount each according to his given financial capabilities, however, he is not obliged this is out of being a Muhsin. The word used in that Ayah is Mateouhun, meaning give them an amount for Mutaa. In other words, entertain them, comfort their hearts..etc.
The Ayahs further build up more ruling even in cases of husband death saying (quran 2:240):
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِّأَزْوَاجِهِم مَّتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِيَ أَنفُسِهِنَّ مِن مَّعْرُوفٍ وَاللّهُ عَزِيزٌ حَكِيمٌ
"And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honourable (e.g. lawful marriage). And Allah is All-Mighty, All-Wise"
The same word is used here which is Mataan but the sense here is an asset to be used, however, bearing the same sense, to entertain them, cosole their hearts, and provide them an accomodation till they can handle their affairs.
And according to your explain in post 258, you said that in Mutaa there is not financial compensation.
Coming to the particular Ayah you quoted now:
وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا
"Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, <b>provided you seek (them in marriage) with bridal money from your property, desiring chastity, not committing illegal sexual intercourse</b>, so with those of whom you have enjoyed sexual relations, give them their bridal money as prescribed; but if after a bridal money is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise."
Here the Ayah stipulates the ruling of financial compensation when the husband and wife had conumated the marriage. The word اسْتَمْتَعْتُم بِهِ مِنْهُنَّ here refers to the sexual contact a husband and wife had during their marital life in order to differentiate and be very precise when setting those rules between cases as above mentioned and this case. And the rest of the Ayah confirms this explaining that thise will be according to what you allocated and committed yourself with.
How can this word be taken out of cotext by Shia scholars to legalise Muta? Can you see the point Karbala?
One question before i move on, I m aware that you dont accept (or not sure if u do or practice), Husayhina rituals including the visit on the 40th day. Do you practice this Zeyarah????