Surah An-Nisaa (4) — Ayah 19

(Ayah 19) ➊ {لَا يَحِلُّ لَكُمْ اَنْ تَرِثُوا النِّسَآءَ كَرْهًا:} After incidentally mentioning the rulings of repentance in relation to adultery and similar matters, from here the rights of women are being discussed again, and the purpose is to save women from the oppression and excesses that were committed against them in the time of ignorance. The addressees here are either the heirs of the husband, as Imam Bukhari (may Allah have mercy on him) and other hadith scholars have narrated from Ibn Abbas (may Allah be pleased with them both) regarding the reason for the revelation of this verse, that in the time of ignorance, the heirs of the deceased used to become the owners of his wife just like other things. If one of them wished, he would marry her himself, or marry her off to someone else (and take the dowry himself), and if they wished, they would completely prevent the woman from marrying (until she died and they themselves became the heirs of her wealth). The woman's own guardians had no authority in this matter. Upon this, Allah Almighty revealed this verse and ended their dominance over the woman. [ بخاری، التفسیر، باب : «لا یحل لکم …» : ۴۵۷۹ ] And it is also possible that the addressees are the husbands, as some scholars have written in the reason for the revelation that they would not divorce the women but would keep harassing them, so that if they died, they would become their heirs, and if the women wanted to seek divorce, they would have to return some of what had been given to them. Upon this, this verse was revealed. In the first case, the summary is that after the husband's death, it is not permissible to prevent her from marrying, rather she can marry whomever she wishes, and the husband's heirs cannot forcibly inherit her in this way. In the second case, i.e., when the husbands are the addressees, the summary is that it is not permissible for the husband to harass the woman with the intention of taking back the dowry and not divorce her, until she is forced to seek khul‘. This second case seems more authentic, and Ibn Atiyyah and others have preferred this, because the rest of the verse is undoubtedly related to the husbands, since in the case of clear indecency, it is the husband who has the right to restrain her, so that he may take back the dowry or whatever he has given and then divorce her; the husband's heirs do not have this authority. (Fath al-Qadir, Qurtubi) And it is also possible that the address is to the general Muslims, which would include the husband, the deceased's heirs, and other Muslims as well. (Fath al-Qadir)

➋ {اِلَّاۤ اَنْ يَّاْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍ:} The statement of Ibn Kathir (may Allah have mercy on him) is that Ibn Abbas (may Allah be pleased with them both), ‘Ikrimah, and Dahhak (may Allah have mercy on them) have taken {”بِفَاحِشَةٍ مُّبَيِّنَةٍ“} to mean rebellion and disobedience, but Ibn Jarir (may Allah have mercy on him) has preferred that it be kept general, and that it includes obscene speech, bad character, causing harm, adultery, and all such vices, and the meaning would be that if the excess is from the woman's side, then you may compel her to seek khul‘, so that she returns the wealth that was given.

➌ {وَ عَاشِرُوْهُنَّ بِالْمَعْرُوْفِ:} This is the third ruling regarding women, that you should live with them in a good manner. The Messenger of Allah (peace and blessings be upon him) said: [خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ وَأَنَا خَيْرُكُمْ لِأَهْلِيْ ] [ ابن ماجہ، النکاح، باب حسن معاشرۃ النساء : ۱۹۷۷، عن ابن عباس رضی اللہ عنہما۔ ترمذی : ۳۸۹۵۔ الصحیحۃ : ۲۸۵ ] "The best among you is the one who is best to his family, and I am the best among you to my family."

➍ {فَاِنْ كَرِهْتُمُوْهُنَّ فَعَسٰۤى …:} This is also a completion of the instruction to live with them in a good manner, meaning that if, due to some moral weakness or unattractiveness, you begin to dislike them and wish to divorce them, even then do not immediately divorce them, but keep them with you in a good way; it may be that through their companionship you obtain abundant good, such as righteous children or blessings in wealth, and your dislike turns into love. The Messenger of Allah (peace and blessings be upon him) said: "No believing man should hate a believing woman; if he dislikes one of her habits, he will like another." [ مسلم، الرضاع، باب الوصیۃ بالنساء : ۱۴۶۷، عن أبی ھریرۃ رضی اللہ عنہ ] Another meaning could be that if, due to dislike, you wish to separate from them, it may be that in this separation there is abundant good for them, for example, they may get a better husband. See Surah al-Nisa (130).