Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
:
(1)
مَعْشَرٌ:
A group or community.
(2)
جَزْلَةٌ:
A person of intellect and thought;
jazalah refers to soundness of mind and dignity.
لعنت,
to curse,
to drive away,
to expel,
meaning to declare someone distant from the mercy of Allah.
(3)
لُبٌّ:
Perfect intellect,
pure intellect.
Benefits and Issues:
(1)
Giving charity and frequently seeking forgiveness
is an extremely commendable act that becomes an expiation for sins.
Cursing someone without reason and being ungrateful to one’s husband is a grave crime that can become a cause for entering Hellfire.
(2)
The Noble Qur’an has given the testimony of a woman a lower status compared to that of a man,
because Islam generally wishes to confine women to domestic and household affairs,
making them the light of the home,
not the lamp of gatherings.
Therefore, if men are not available, then women are permitted to be witnesses, and even then, one man is kept alongside,
because generally women have less retention and control,
to which the Qur’an has alluded in:
﴿أَن تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ﴾ “so that if one of them errs, the other can remind her.”
Furthermore, testimony is related to the court,
and giving testimony against the defendant in front of others in court requires great courage, steadfastness, and perseverance,
which is needed in such situations.
Therefore, the Shari‘ah, out of necessity, permits her to be a witness and, to bolster her resolve and courage, places another woman and a man alongside her.
Thus, the command was given: ﴿وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّجَالِكُمْ﴾ and in cases of necessity and compulsion, it was said:
﴿فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ﴾ “If two men are not available, then one man and two women.”
And this issue pertains to voluntary testimony;
in emergency, sudden, or compelling situations where only women or only non-Muslims are present,
this does not apply.
The deficiency of intellect in women is an established matter based on events and evidence,
yet, despite this, through their smooth talk and tears, they often sway men to their side, who then accept their words and suffer loss.
(3)
The meaning of deficiency in women’s religion:
is their lagging behind in obedience and servitude,
because religion
is the name of obedience and submission.
A woman, by her nature, cannot perform certain acts of worship, and acts of worship are the soul and essence of obedience.
Even if she intends to perform these acts of worship, thinking that if we were permitted, we would perform them,
there is a great difference between intention and action, and due to weakness and mood changes during menstruation, this is practically not possible.
(4)
Legally, the term kufr (disbelief) is also applied to ingratitude for blessings and rights,
meaning ungratefulness and thanklessness, which is not the doctrinal kufr that expels a person from the religion,
rather, it is practical and ethical kufr, which does not take a person out of the religion.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 241