Ask a Shia

[Muslimah]

Bismillah


Alhamdulelah fever finally broke. Still on fluids and rest though.


Bismillah


I thought to elaborate on a separate post to make it easier for one who reads Karbala.


Let me Insh a Allah help some more to clear the confusion


Please note that we cannt take Ayahs out of context or outside of the interrelated texture. This whole Surat addresses several issues related to women and in particular marriage starting from what to do with orphan girls when they are still under the custody of a man who might want to use her and marry her to take her money or take advantage of her position to save himself from giving her financial rights. But bear with me, because this will be a bit long.


Let us just get back few Ayahs and see how did this Ayah come into sequence (Quran 4:19-25):


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يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيراً[/size]


O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the bridal money you have given them, unless they commit open illegal sexual intercourse. And live with them honourably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.


In this Ayah Allah Is warning men against forcing to take the money of women who are widowed, or forcing them to marry a man who is responsible about her seeking to take her money as this situation was recurrent.


<b>وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلاَ تَأْخُذُواْ مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً</b>


But if you intend to replace a wife by another and you have given one of them a great amount as bridal money, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?


Here is a ruling in terms of taking back the gift a man gave upon marriage in case he divorces the woman.


<b>وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا</b>


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?


Note that here too Allah Used a totally different word to refer to sexual intercourse which is afda in order to emphasis that those rules are relevant to marriage after consummation. It builds on the previous warning even in a inquisitive form of language to indicate impossibility.


<b>وَلاَ تَنكِحُواْ مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاء إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاء سَبِيلاً</b>


And marry not women whom your fathers married, except what has already passed; indeed it was shameful and most hateful, and an evil way.


Here is what you always bring as argument that Allah Used tankehu. True, but as you have noted Allah Is using multiple forms to refer to the same meaning specially that here Allah is referring to even just concluding a marriage contract without consummation. In other words, Allah Is forbidding for a man to conclude a marriage contract with his step mother.


The following Ayah will clarify what I just said further:


<b>حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّتِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا</b>


Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters under your guardianship, born of your wives to whom you have gone in - but there is no sin on you if you have not gone in them (to marry their daughters), - the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft Forgiving, Most Merciful.


Note that we are here talking about marriage, this batch of Ayahs is addressing the issue of marriage. Again to refer to consummation of marriage Allah Used dakhltum behin. And in this Ayah Allah Is identifying categories of women with whom a man can not be married. Then Allah Continues in the following Ayah that is why it started with wa (and) it means that married women (muhsanat) can not be married to. Then it says other wise, it is lawful for you to marry other women, using your money, who do not fall under any of the above mentioned categories and it stresses that they must receive their due amount of money (aujurhun).


Before I continue I need to correct something (astaghferullah), seems the fever was approaching. I said that the word estamta`umt behin refers to consummation of marriage. No sorry, this is a wrong understanding, otherwise, how come Allah in Surat Baqarah in the two Ayah I quoted, is indicating that those who are divorced before being touched are eligible to money for estimtaa. The estimtaa here (having pleasure) is even by just engagement, company, time spent. It is as I explained above a form of consolation for the woman.


Here is the issue that is creating controversy. True as you stated that the Ayah in Surat Baqarah with the word mateouhun refers to financial support, but it serves other meanings as well. As in one of them it refers to women who are divorced before marriage consummation and were not promised for a faridah (dowry), they are entitled for a mutaa, money in return for having pleasure with the woman. In other words, being engaged to her, spending time with her. That is why here Allah Says those with whom you had pleasure, any type of pleasure including even time and company. Thus, your explanation confirms even that this word here can never refer to Mutaa marriage, because it is part and parcel of this interrelated texture indicating rulings of marriage one after the other. And as you saw how many synonyms Allah Used to refer to sexual intercourse.


<b>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</b>


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, provided you seek (them in marriage) with bridal money from your property, desiring chastity, not committing illegal sexual intercourse, 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.


As I indicated above, in continuation to which women are unmarriageable and which are marriageable. It is only harmonious to put a general rule then of giving them their due financial rights in return for what a man obtained with them of pleasure. Not legalizing Muta marriage. In case Allah Who is Precise as you just stated and as we all know Willed to legalize Muta marriage, and since Muta marriage has some different rulings from conventional marriage, Allah Would have actually Put this clearly in a separate text in order to clearly detail those rules specially that this type of marriage is termed, contract is automatically dissolved,..etc. But to put it is this context that is harmonious with the rest of the preceding and succeeding Ayahs, it is then part and parcel of the full context of marriage setting the rulings. It is totally illogical to say that with only a word, just one word, without any details, specifications, rulings, descriptions, that Allah Legalizes an issue. Because reading it in this context makes it as I said part of the full batch of marital and divorce rulings including inheritance and as you explained, in case of Muta the couple are not entitled for inheritance of one another, this should have been clearly prescribed, don’t you think so? And sorry, I got confused, you said dowry and everything is applied, but she is not entitled for subsistence, this should have been also mentioned. Just placing one word in the middle that builds on other Ayahs does not logically serve the meaning to legalize a totally different type of marriage that involves different fiqh.


The following Ayah will confirm the explanation that by the Support of Allah I introduced here:


<b>وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِن مِّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ وَاللّهُ أَعْلَمُ بِإِيمَانِكُمْ بَعْضُكُم مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللّهُ غَفُورٌ رَّحِي</b>مٌ


And whoever of you have not the means wherewith to wed free, believing women, they may wed believing girls from among those (captives and slaves) whom your right hands possess, and Allah has full knowledge about your Faith, you are one from another. Wed them with the permission of their own folk (guardians or masters) and give them their bridal money according to what is reasonable; they (the above said captive and slave-girls) should be chaste, not adulterous, nor taking boy-friends. And after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practise self restraint, and Allah is Oft Forgiving, Most Merciful.


In this Ayah, Allah Is Giving men who cannt afford marrying Muhsanat believing women (free) an alternative of marrying their right hand possession with the permission of their parents. If the preceding Ayah as you argued was with one word legalizing Muta, Allah Wouldn’t Have continued talking about an alternative to those who cannt afford marriage giving them other options. Wallahu a`lam


Wallahu a`lam