Al-mizan an Exegesis of the Qur'an (volume Eight)

Traditions

Hashim ibn 'Abdillah narrates from as-Sariyy al-Bajali that he said: "I asked him about the word of Allah, and do not straiten them in order that you may take part of what you have given them: Then he quoted a talk and then said: 'As the Nabateans say that when he threw a cloth on her, he restrained her, so that she could not marry anyone else. It was a custom in the (era of) ignorance.' " (at-Tafsir, al-'Ayyashi)

Abu ‘l-Jarud narrates from Abu Ja'far (a.s.) about the word of Allah, 0 you who believe! it is not lawful for you that you should inherit women against (their) will:

"It was [a custom] in the [era of] ignorance [and] when the Arab tribes first accepted Islam, that when a relative of a man died leaving a woman, that man threw his cloth on her and thus inherited her marriage by the same dowry which the [deceased] relative had given her; the man inherited her marriage as he inherited his (the deceased's) property. When Abu Qays ibn al-Aslat died Muhassan son of Abu Qays threw his cloth, on the woman of his father; and she was Kubayshah bint Mu'amrriar ibn Mu'bad. So, he inherited her marriage;

then he left her - he neither went in to her nor spent on her (maintenance). So, she came to the Messenger of Allah (s.a.w.a.) and said: '0 Messenger of Allah! Abu Qays ibn al-Aslat died and his son, Muhassan, inherited my marriage. Now he does not come to me, nor does he spend on me, nor does he release me so that I may join my own people.' The Messenger of Allah (s.a.w.a.) said: 'Go back to your house; and if Allah ordains something concerning your matter, I will inform you.' Then it was revealed:

And marry not women whom your fathers married, except what has already passed; this surely is indecent and hateful, and it is an evil way. Thus she joined her own people. Also there were (other) women in Medina whose marriage, like that of Kubayshah, was inherited; but they were inherited from sons. Then Allah revealed: 0 you who believe! it is not lawful for you that you should inherit women against (their) will." (at-Tafsir, al-Qummi)

The author says: The ending clause of the tradition is not free from muddle and confusion. However, several Sunni traditions too have narrated this story and that the verse was revealed in that connection. All or most of the traditions say that the verse; O you who believe! it is not lawful for you that you should inherit women…, was revealed about the above-mentioned event. But you have seen in the commentary that the wording of the verse does not agree with this claim. However, there is no doubt that the said event had happened, and that the verses are somehow related to it and to the prevalent custom of the era of ignorance. Therefore, what we have written earlier should be relied upon.

at-Tabrisi has written about the clause, unless they are guilty of manifest indecency, that it is better to apply this word to every sin; and has said that it is narrated from Abu Ja'far (a.s.). (Majma'u 'l-bayan)

ash-Shaybani has said: "Indecency is adultery, and the verse means that if man comes to know of her indecency, then he may take ransom (from her); and it is narrated from Abu Ja'far (a.s.)." {at-Tafsir, al-Burhan)

Ibn Jarir has narrated from Jabir: "Verily, the Messenger of Allah has said: "Fear Allah about women; because you have taken them in Allah's trust, and have made their bodies lawful (to you) by the word of Allah; and it is your right on them that they should not let anyone you dislike trample your bed; if they do so then you (may) hit them (but) not violently; and they have a right on you for their maintenance and clothing in a proper way.' " (ad-Durru 'l-manthur)

Ibn Jarir has narrated from Ibn 'Umar that he said: "Verily, the Messenger of Allah (s.a.w.a.) said: O people! Verily, the women near you [i.e., your wives] are [like] conscript labor [i.e., they are joined to you for ever]; you have taken them in Allah's trust, and have made their bodies lawful (to you) by the word of Allah. So you have got right on them, and it is among your rights on them that they should not let anyone trample your bed, nor should they disobey you in any good (thing); and when they do so [i.e., fulfill these rights] then they have got right of maintenance and clothing in a proper way.' " (ibid.)

The author says: The meaning of these traditions may be understood from earlier explanations.

Abu Ja'far (a.s.) has said about the word of Allah, and they have made with you a firm covenant: "Covenant is the word with which marriage is contracted .. ." (al-Kafi; at-Tafsir, al-'Ayyashi)

at-Tabrisi has said: "Firm covenant is the commitment made by the husband at the time of marriage that he will either retain her properly or let her go in fairness. This meaning is narrated from Abu Ja'far (a.s.)." (Majma'u 'l-bayan)

The author says: This meaning is narrated from several early exegetes like Ibn 'Abbas, Qatadah and Abu Malikah. The wording of the verse is not out of tune with it, because this also is a covenant women make with men; although more obviously it means the marriage formula which is recited to establish marriage-tie.

az-Zubayr ibn Bakkar has narrated in al-Muwaffaqiyyat from 'Abdullah ibn Mus'ab that he said: "'Umar said: 'Do not give to women a dowry more than forty uqiyyah*. If anyone exceeds [this limit] I will put the excess amount in the treasury.' A woman said: 'You have no such authority.' He said: 'Why?' She said 'Because Allah says: ". . . you have given one of them a heap of gold..." ' Thereupon 'Umar said: 'A woman hit the mark and a man missed.' " (ad-Durru 'l-manthur)

The author says: as-Suyuti has also narrated it from 'Abdu "r-Razzaq and Ibnu '1-Mundhir from 'Abdu 'r-Rahman as-Salami; and from Sa'id ibn Mansur and Abu Ya'la through a good chain from Masruq (and that tradition says "four hundred Dirhams" in place of "forty uqiyyah"); and also from Sa'id ibn Mansur and 'Abd ibn Hamid from Bakr ibn 'Abdillah al-Muzani; and all traditions have nearly the same meaning.

Ibn Jarir has narrated from 'Ikrimah that he said about the word of Allah, And marry not women whom your fathers married, that it was revealed about Abu Qays ibn al-Aslat who took Umm Ubayd bint Damrah who was the widow of his father, al-Aslat; and about al-Aswad ibn Khalaf who had taken the daughter of Abu Talhah ibn 'Abdi 'l-'Uzza ibn 'Uthman ibn 'Abdi M-Dar, who was the widow of his father, Khalaf; and about Fakhitah, daughter of al-Aswad ibn al-Muttalib ibn Asad, who was the wife of Umayyah ibn Khalaf and then she was taken by his son, Safwan ibn Umayyah; and about Manzur ibn Rabab who had taken Malikah daughter of Kharijah, who was the widow of his father, Rabab ibn Sayyar. (ibid.)

Ibn Sa'd has narrated from Muhammad ibn Ka'b al-Qurazi that he said: "When a man died leaving a woman, his son had the right to marry her if he so wished - provided she was not his own mother - or to give her to someone else in marriage. When Abu Qays ibn al-Aslat died, his son, Muhassan, succeeded him and inherited the marriage of his widow; but he did not give her maintenance nor he gave her any property as [her husband's] inheritance.

Thereupon, she came to the Prophet (s.a.w.a.) and described the situation" to "him. He said: You go back; perhaps Allah will send down something about you'. Then it was revealed: And marry not women whom your fathers married. . .; also it was revealed, ... it is not lawful for you that you should inherit women against (their) will." (ibid.)

The author says: We have already given Shi'i traditions of the same meaning.

Ibn Jarir and Ibnu 'l-Mundhir have narrated from Ibn 'Abbas that he said: "The people of [the era of] ignorance prohibited [marriage with] all whom Allah has prohibited except the father's wife and having two sisters together as wives. Then Allah revealed: And marry not women whom your fathers married; and, [it is unlawful] that you should have two sisters together" (ibid.)

The author says: There are other traditions also of the same meaning.