Inheriting women against their will
Al-Bukhari recorded that Ibn `Abbas said about the Ayah (O you who believe! You are not permitted to inherit women against their will,)
“Before,
the practice was that when a man dies, his male relatives used to have
the right to do whatever they wanted with his wife. If one of them
wants, he would marry her, give her in marriage, or prevent her from
marriage, for they had more right to her than her own family.
Thereafter, this Ayah was revealed about this practice,
﴿يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً﴾(O you who believe! You are not permitted to inherit women against their will).”
Women Should not Be Treated with Harshness
Allah said,
﴿وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ﴾(nor to prevent them from marriage, in order to take part of what you have given them,)
Allah commands: Do not treat the woman harshly so
that she gives back all or part of the dowry that she was given, or
forfeits one of her rights by means of coercion and oppression. Allah’s
statement,
﴿إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ﴾(unless they commit open Fahishah.)
Ibn Mas`ud, Ibn `Abbas, Sa`id bin
Al-Musayyib, Ash-Sha`bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa`id
bin Jubayr, Mujahid, `Ikrimah, `Ata’ Al-Khurasani, Ad-Dahhak, Abu
Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa`id bin Abi Hilal
said that this refers to illicit sex. Meaning that if the wife commits
adultery, you are allowed to take back the dowry you gave her. You are
also allowed to annoy her, until she gives back the dowry in return for a
Khula`.”
In Surat Al-Baqarah, Allah said,
﴿وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ﴾(And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah) ﴿
2:229
Ibn `Abbas, `Ikrimah and Ad-Dahhak said that Fahishah refers to
disobedience and defiance. Ibn Jarir chose the view that it is general,
encompasses all these meanings, adultery, disobedience, defiance,
rudeness, and so forth. Meaning that he is allowed to annoy his wife
when she does any of these acts until she forfeits all or part of her
rights and he then separates from her, and this ﴿view﴾ is good, and
Allah knows best.
Live With Women Honorably
Allah said,
﴿وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ﴾(And live with them honorably),
by saying kind words to them,
treating them kindly and making your appearance appealing for them, as
much as you can, just as you like the same from them. Allah said in
another Ayah,
﴿وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ﴾(And they have rights similar over them to what is reasonable) ﴿2:228
﴾. The Messenger of Allah said,
«خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ، وَأَنَا خَيْرُكُمْ لِأَهْلِي»(The best among you is he who is the best with his family. Verily, I am the best one among you with my family.) It was the practice of the Messenger of Allah to be kind, cheerful, playful with his wives, compassionate, spending on them and laughing with them. The Messenger used to race with `A’ishah, the Mother of the Faithful, as a means of kindness to her. `A’ishah said, “The Messenger of Allah raced with me and I won the race. This occurred before I gained weight, and afterwards I raced with him again, and he won that race. He said,
«هذِهِ بِتِلْك»(This ﴿victory ﴾ is for that ﴿victory﴾.)”
When the Prophet was at the
home of one of his wives, sometimes all of his wives would meet there
and eat together, and they would then go back to their homes. He and his
wife would sleep in the same bed, he would remove his upper garment,
sleeping in only his lower garment. The Prophet used to talk to the wife
whose night it was, after praying `Isha’ and before he went to sleep.
Allah said,
لَّقَدْ كَانَ لَكُمْ فِى رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ
(Indeed in the Messenger of Allah you have a good example to follow) ﴿33:21
. Allah said,
﴿فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئاً وَيَجْعَلَ اللَّهُ فِيهِ خَيْراً كَثِيراً﴾(If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.)
Allah says that your patience,
which is demonstrated by keeping wives whom you dislike, carries good
rewards for you in this life and the Hereafter. Ibn `Abbas commented on
this Ayah, “That the husband may feel compassion towards his wife and
Allah gives him a child with her, and this child carries tremendous
goodness.” An authentic Hadith states,
«لَا يَفْرَكْ مُؤْمِنٌ مُؤْمِنَةً، إِنْ سَخِطَ مِنْهَا خُلُقًا، رَضِيَ مِنْهَا آخَر»(No believing man should hate his believing wife. If he dislikes a part of her conduct, he would surely like another.)
Ref: Tafsir Ibn Kathir
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