| An-Nisa (The Women): (128) And if a woman fears...

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Know that this is part of what Allah the Exalted has informed regarding His judgment concerning women, which was not previously mentioned in this Surah. In it are several issues:

Some have said that this verse is similar to the verse: {And if any one of the polytheists seeks your protection, then grant him protection} (At-Tawbah: 6), and {And if two factions of the believers fall to fighting, then make peace between them} (Al-Hujurat: 9). Here, the subject imra'atun (a woman) is raised by a verb that is explained by khafat (fears). The same applies to all the verses we have recited previously. And Allah knows best.

Some commentators said that khafat (fears) means "she knows" ('alamat), while others said it means "she suspects" (ẓannat). Both interpretations abandon the apparent meaning without necessity. Rather, the intended meaning is the fear itself. However, fear only arises when there are signs indicating its occurrence. These signs here are when the husband says to his wife: "You are unattractive or old, and I wish to marry a young, beautiful woman."

Al-Ba'l (the husband) is the husband. The origin of al-ba'l is "master," and the husband is so named because he is the master of the wife. The plural of al-ba'l is bu'ūlah. This has already been discussed in Surah Al-Baqarah in the verse: {And their husbands have a better right to take them back} (Al-Baqarah: 228).

An-Nushūz (recalcitrance/discord) can occur from both spouses, meaning each one dislikes the other. It is derived from an-nashz, which is elevated ground. A husband's nushūz towards his wife is when he turns away from her, frowns in her face, refrains from intimacy, and treats her poorly.

The exegetes mentioned several views regarding the reason for the revelation of this verse:

1. First View: Sa'id ibn Jubayr narrated from Ibn Abbas that the verse was revealed concerning Ibn Abi As-Sa'ib, who had a wife from whom he had children. She had become old, and he intended to divorce her. She said, "Do not divorce me, but let me attend to the affairs of my children, and I will allocate a few nights [of my turn] to you each month." The husband replied, "If that is the case, it is better for me."
2. Second View: It was revealed concerning Sawdah bint Zam'ah. The Prophet (peace be upon him) intended to divorce her. She sought to remain with him by offering her turn to 'A'ishah. The Prophet (peace be upon him) permitted this and did not divorce her.
3. Third View: Narrated from 'A'ishah, she said: It was revealed concerning a woman who is with a man, and the man wishes to replace her with another. She says: "Keep me, and marry someone else, and you are free from [the obligation of] maintenance (nafaqah) [towards me]."

His statement {discord (nushūzan) or turning away (i'rāḍan)}:

• An-Nushūz means showing harshness in speech, action, or both.
• Al-I'rāḍ means silence regarding good or bad matters, dispute, and causing harm. This is because this turning away strongly indicates aversion and dislike.

Then the Almighty said: {there is no blame upon them if they make a settlement between themselves}. Regarding this, there are issues:

Issue 1: Readings of "Make Settlement"

'Asim, Hamzah, and Al-Kisā'ī recited {yaṣlaḥā} (with a ḍammah on the yā' and a kasrah on the lām, omitting the alif for iṣlāḥ [making right]). The rest recited {yuṣāliḥā} (with a fatḥah on the yā' and ṣād, and an alif between the ṣād and lām, and a shaddah on the ṣād for taṣāluḥ [mutual reconciliation]).

Yuṣāliḥā is originally yataṣālaḥā. The tā' was made silent and assimilated into the ṣād. Similar to this is His saying: {when they meet therein} (Al-A'rāf: 38), which originally was tadārakū. The tā' was made silent and replaced by a dāl due to proximity of articulation, and then assimilated into the dāl. Then the hamzah was brought in for the beginning, resulting in idārakū.

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Knowing this, we say: For those who read {yaṣlaḥā}, the justification is that iṣlāḥ (making right/reconciliation) is used in the context of dispute and contention, as in His saying: {But whoever fears from the testator an inclination or sin and makes peace between them} (Al-Baqarah: 182), and {or to make peace between people} (An-Nisā': 114).

For those who read {yuṣāliḥā}—which is preferred by the majority—they say that yuṣāliḥā means "they agree upon terms" (yatawāfaqā), which is more fitting for this context. In 'Abdullah's copy, it is {an yuṣāliḥā} (that they reconcile). In this reading, ṣulḥan is in the accusative case as a maṣdar (verbal noun). Originally, it should have been taṣāluḥā, but it is used as in His saying: {a lamp... and Allah caused you to grow from the earth a growth} (Nūḥ: 17), and {and devote yourself to Him with complete devotion} (Al-Muzzammil: 8), and the poet's line:

And after your giving the hundred, the rattā' (unrestrained).

The settlement (ṣulḥ) is only valid concerning something that is a right. A wife's right over the husband is either the mahr (dower), nafaqah (maintenance), or the division of time (qism). These three are what the wife can demand from the husband, whether he likes it or not. As for sexual intercourse (wuṭ’), it is not like that, because the husband cannot be compelled to have intercourse.

Knowing this, we say: This settlement refers to the wife giving up all or part of her ṣadāq (dower) to the husband, or waiving his expense of maintenance, or waiving her right to the division of time, with the goal that her husband does not divorce her. If the reconciliation is made upon this basis, it is permissible.

Then the Almighty said: {And reconciliation is better}. Regarding this, there are issues:

Issue 1: The Definite Noun in "Reconciliation is Better"

Aṣ-ṣulḥ (The reconciliation) is a singular noun preceded by the definite article (al-). Does a definite singular noun imply generality or not? What we have affirmed in the principles of jurisprudence is that it does not imply generality, and we mentioned numerous proofs for this.

However, if we assume it implies generality, there is a discussion here: If there is a prior, known context (ma'hūd sābiq), is it better to interpret it generally or according to that prior context? The sounder view is that interpreting it according to the prior context is better. This is because we attribute generality to it out of necessity: if we did not, it would become ambiguous and lose its informative quality. If a prior context exists, this necessity is removed, so it must be interpreted according to that context.

Knowing this premise, some people interpreted {And reconciliation is better} as being exhaustive (applying to all reconciliations). Others interpreted it according to the prior context, meaning: reconciliation between the spouses is better than separation. The first group used this for the issue that reconciliation based on denial (inkār) is permissible, as is the view of Abu Hanifah. As for us, we have explained that interpreting this wording according to the prior context is preferable, thus invalidating their proof. And Allah knows best.

Issue 2: Interjection

The author of Al-Kashshāf said: This sentence is an interjection (i'tirāḍ), as is His statement {And the souls are made present with stinginess}. However, this interjection confirms the desired outcome, thus achieving the objective.

Issue 3: The Virtue of Reconciliation

The Almighty first mentioned: {there is no blame upon them if they make a settlement}. The phrase "no blame" (lā janāḥa) suggests it is a concession, its ultimate purpose being the removal of sin. The Almighty then clarified that this reconciliation, just as it carries no blame or sin, also carries great good and immense benefit. If they reconcile upon something, that is better than their separating or remaining in discord and turning away.

Then His statement: {And if you do good and fear Allah}.

Know that ash-shuḥḥ (stinginess/miserliness) is avarice. The meaning here is that shuḥḥ is made like something inherent to the souls, as if the souls are naturally imprinted with stinginess. It is possible that the intended meaning is that the woman is stingy about giving up her share and her right, or it is possible that the meaning is that the husband is stingy about spending his life with her despite her unattractive appearance, old age, and the lack of pleasure in her company.

Then the Almighty said: {And if you do good and fear Allah, then indeed, Allah is ever, of what you do, Acquainted}. There are several interpretations for this:

1. First View: It is an address to the husbands. Meaning: If you do good by remaining with your wives even if you dislike them and are certain of their discord and turning away, which leads to harm and contention, then indeed Allah is Acquainted with what you do of good conduct and piety, and He will reward you for it.
2. Second View: It addresses both the husband and the wife, meaning: If each one of you does good to his companion and guards against injustice.
3. Third View: It addresses others, meaning: If you do good in reconciling between them and fear inclining toward one of them.

The author of Al-Kashshāf narrated that 'Imran ibn Ḥaṭṭān, the Khārijite, was the most handsome of Adam's offspring, and his wife was the most beautiful of women. One day she looked at him and said, "Praise be to Allah." He asked, "What is it?" She replied, "I praised Allah because I and you are people of Paradise: for you were blessed with someone like me, so you were grateful, and I was blessed with someone like you, so I was patient. Allah has promised Paradise to His grateful and patient servants."

Verse 4:128 (Continuation)

{And you will never be able to be just between women, however much you desire. So do not incline completely [toward one] and leave another hanging. But if you make reconciliation and fear Allah - then indeed, Allah is ever Forgiving and Merciful.}