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Inheriting women or holding them against their will;4:19

 
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matinbhagat



Joined: 13 Feb 2007
Posts: 37
Location: UK and Singapore

PostPosted: Wed Sep 17, 2008 4:58 am    Post subject: Inheriting women or holding them against their will;4:19 Reply with quote

Salam,

I am researching on this verse as I was researching on divorce laws in the quran. I noticed several verses about injunction to men divorcing their wives, and I was wondering what about women who are unhappy or dissatisfied in the marriage,if there is a way out for them according to the law. Then I stumbled unto Sura 4 verse 19:

In this verse

لا تعضلوهن
The above word, la taAAduloohunna has been used. I read many translations and some of which mentions only inheriting women against their will, while others like QXP and Asad mention withholding the women against their will. However, lane's lexicon did not give me the meaning of holding or confining for the above word. However, I am wondering if anyone can point me to how they derived the meaning of holding on to women against their will. This would thus effectively give women legal rights to leave a marriage and not be held against their will in an islamic state,hence its importance. Thank you brothers and sisters.
Below I reproduce QXP's translation and 16 others for your reference:

QXP :O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. Pressuring women to remain in wedlock by threatening to take away the marital gift is forbidden. A wife could forfeit the right to the marital gift only if she has indulged in clear lewdness. You shall treat your wives nicely. Even if you dislike them, it may happen that Allah has placed much good in what you have failed to realize.

Literal :You, you those who believed, (it) is not permitted/allowed for you that you (P) inherit the women compellingly/forcefully , and do not limit/confine/oppress them (F) to go/take away with some (of) what you gave them (F), except that they (F) come/do/commit with an enormous/atrocious deed evident, and mix/associate/befriend them (F) with the kindness , so if you (P) hated them (F), so maybe/perhaps that you hate a thing and God makes in it much good .52

Yusuf Ali :O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.

Pickthal :O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.

Arberry :O believers, it is not lawful for you to inherit women against their will; neither debar them, that you may go off with part of what you have given them, except when they commit a flagrant indecency Consort with them honourably; or if you are averse to them, it is possible you may be averse to a thing, and God set in it much good.

Shakir :O you who believe! it is not lawful for you that you should take women as heritage against (their) will, and do not straiten them m order that you may take part of what you have given them, unless they are guilty of manifest indecency, and treat them kindly; then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it.

Sarwar :Believers, it is not lawful for you to inherit women against their will as part of the legacy. Do not create difficulties for your wives in order to force them to give-up part of what you had given to them to set themselves free from the bond of marriage, unless they have clearly committed adultery. Always treat them reasonably. If you dislike them, you could be disliking that which God has filled with abundant good.

Khalifa:O you who believe, it is not lawful for you to inherit what the women leave behind, against their will. You shall not force them to give up anything you had given them, unless they commit a proven adultery. You shall treat them nicely. If you dislike them, you may dislike

Hilali/Khan :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 Mahr 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.

H/K/Saheeh :O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good.

Malik :O believers! It is not lawful for you consider women as a part of your inheritance and retain them against their will in order that you may force them to give up a part of the dowry you have given them, unless they are guilty of proven fornication. Treat them with kindness even if you dislike them; it is quite possible that you dislike something in which Allah has placed much good.[19]

Maulana Ali :O you who believe, it is not lawful for you to take women as heritage against (their) will. Nor should you straiten them by taking part of what you have given them, unless they are guilty of manifest indecency. And treat them kindly. Then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it.

Free Minds :O you who believe, it is not lawful for you to inherit the women by force, nor that you become harsh with them to take away some of what you have given them, unless they commit a clear lewdness. And live with them in kindness. If you dislike them, then perhaps you may dislike something and God makes in it much good.

Qaribullah :Believers, it is unlawful for you to inherit women forcefully, neither bar them, in order that you go off with part of what you have given them, except when they commit a clear indecency. Live with them honorably. If you hate them, it may be that you hate something which Allah has set in it much good.

George Sale: O true believers, it is not lawful for you to be heirs of women against their will, nor to hinder them from marrying others, that ye may take away part of what ye have given them in dowry; unless they have been guilty of a manifest crime: But converse kindly with them. And if ye hate them, it may happen that ye may hate a thing wherein God hath placed much good.

JM Rodwell : O believers! it is not allowed you to be heirs of your wives against their will; nor to hinder them from marrying, in order to take from them part of the dowry you had given them, unless they have been guilty of undoubted lewdness; but associate kindly wit

Asad : O YOU who have attained to faith! It is not lawful for you to [try to] become heirs to your wives [by holding onto them] against their will; and neither shall you keep them under constraint with a view to taking away anything of what you may have given them, unless it be that they have become guilty, in an obvious manner, of immoral conduct. And consort with your wives in a goodly manner; for if you dislike them, it may well be that you dislike something which God might yet make a source of abundant good.
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Dr. Shabbir
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PostPosted: Wed Sep 17, 2008 8:21 am    Post subject: Reply with quote

RESPECTED BROTHER,

TARISU does not point to "inherit" for which the more relevant word is ISTIKHLAAF. TARISU is better translated as "trying to be owners".

Thanks for your contemplation.
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matinbhagat



Joined: 13 Feb 2007
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Location: UK and Singapore

PostPosted: Wed Sep 17, 2008 11:22 am    Post subject: Reply with quote

Salam Dr shabbir,

Thanks for your reply.It has been most helpful.The word tarisu is given as inheritance in lane's lexicon. I was wondering if you know any other classical arabic dictionaries that can give me alternative meanings. Your service for islam is fabulous respected sir,just wanted to let you know we all greatly appreciate it.

Regards,
Jai
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mubashir



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PostPosted: Wed Sep 17, 2008 6:18 pm    Post subject: Holding Women against their will Reply with quote

Dear Brother

Here is a translation from G A Parwez's Exposition (www.toluislam.com):

4:19 O Jama'at-ul-Momineen, you cannot marry women against their will and become their master instead of their companion. Do not treat them harshly in order to appropriate a part of their dower unless they are guilty of open indecency. On the contrary, live with them honourably. If you dislike something about them do not resolve immediately to separate from them. It is possible that something you dislike may bring about abundant good for you.

Hope this helps.

Mubashir
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Arnold Yasin Mol
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PostPosted: Mon Sep 22, 2008 2:10 pm    Post subject: Reply with quote

Peace,

The word is ترثوا Tarithu comes from the root WaRiTha.
The root form refers to be an owner of somebody or something after one has succeeded an other. In the Qur'an the root WaRiTHa is used for inheritance, to remain, to survive, to be an heir:

http://www.textinmotion.com/words.jsp?word=%D8%A7%D9%84%D8%AA%D8%B1%D8%A7%D8%AB

It is used in the context of becomming a possessor after the former owner is gone. Since the father and mother are the first possessors, the Qur'an is saying in this verse, that once a women is mature, she is not anyone's possession anymore.

It is also logical that the Qur'an refers to multiple things in this verse, and thus also to the tribal practice of inheritance. But it cannot be restricted to that alone, since the verse discusses that the responsibility of decision-making of the women is in the power of the women themselves when they become mature.

Thus I agree with Dr. Shabbir's and Asad's interpretation.

The verse discusses the women's own freedom to make their own decision when they mature, instead going from 1 controlling bond of the parents to the other controlling bond of the husband.

Thus the verse says that women are no one's possesion. No one can control them against their own will.
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Drcheema



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PostPosted: Fri Oct 03, 2008 10:04 pm    Post subject: Reply with quote

"Karha" after Taraythu makes it clear and denotes an element of imposing by force. which is prohibited in this ayah.
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