| An-Nisa (The Women): (19) O you who believe...

It is to be noted that after describing repentance, the Almighty returned to the rulings concerning women. The people of Jahiliyyah (the pre-Islamic era) used to harm women in many ways and oppress them with various kinds of injustice. Therefore, Allah Almighty forbade them from these actions in these verses.

The First Type of prohibition is His saying: {It is not lawful for you to inherit women against their will} (4:19). Regarding this, there are two issues:

There are two opinions regarding the meaning of the verse:

1. First Opinion: In the Jahiliyyah, when a man died, if he had a wife, his son from another wife or one of his relatives would cast his garment over the woman and say: "I have inherited his wife just as I inherited his wealth." Thus, he became more entitled to her than anyone else, even more than she was entitled to herself. If he wished, he could marry her without a dowry, except for the first dowry paid by the deceased. If he wished, he could marry her to another man and take her dowry, giving her nothing from it. Allah Almighty then revealed this verse, clarifying that this practice was forbidden and that a man does not inherit the deceased's wife. According to this view, the phrase {to inherit women} refers specifically to the women themselves, meaning they are not inherited property.

2. Second Opinion: The inheritance relates to the wealth. The deceased's heir had the right to prevent the widow from remarrying until she died, so that he could inherit her wealth. Thus, the verse means: "It is not lawful for you to inherit their wealth while they are unwilling."

Hamzah and Al-Kisā’i recited {Karihan} (against their will) with a ḍammah on the kāf (Krhan). This reading is consistent with their recitation in Surah At-Tawbah (9:53) regarding spending "willingly or unwillingly" (ṭawʿan aw krhan) and in Al-Ahqāf (46:15) regarding the mother carrying and delivering the child "unwillingly" (krhan).

‘Āṣim and Ibn ‘Āmir recited it with a ḍammah in Al-Ahqāf, but with a fatḥah in the other verses. Nāfi‘, Ibn Kathīr, and Abū ‘Amr recited it with a fatḥah in all instances.

Al-Kisā’ī said that the two readings (fatḥah and ḍammah) are two linguistic variations meaning the same thing. Al-Farrā’ explained that Karah (with fatḥah) means compulsion/coercion (ikrāh), while Kuruh (with ḍammah) means hardship/difficulty (mashaqqah). That which is done by coercion is Karah (with fatḥah), and that which is done from one's own inclination (but with difficulty) is Kuruh (with ḍammah).

The Second Type of prohibition concerning women is His saying: {Nor should you detain them in order to be tyrannical and seize back part of what you have given them} (4:19). Regarding this, there are several issues:

There are two views on the grammatical status of {Nor should you detain them}:

1. It is in the accusative case (naṣb), connected to the preceding an (that), implying: "It is not lawful for you to inherit women against their will, nor to detain them..." (This aligns with the reading of ‘Abdullāh ibn Mas‘ūd).
2. It is in the jussive case (jazm), connected to the preceding prohibition, implying: "Do not inherit, and do not detain..."

‘Aḍl means prevention or obstruction. This is related to the term adāl (a severe, intractable disease). We have previously elaborated on this in the context of the verse: {Nor prevent them from remarrying their former husbands} (2:232).

There are several opinions:

1. The Husband: A man might dislike his wife and wish to separate from her, so he mistreats her and makes life difficult for her until she redeems herself by giving back her mahr (dowry). This is the view chosen by most commentators. The meaning is: Just as it is unlawful to marry them by coercion, it is also unlawful after marriage to oppress them or confine them to force them to give back part of what you gave them.
2. The Heir (of the deceased husband): The address is to the heir, forbidding him from preventing the widow from marrying whomever she wishes, as was practiced in Jahiliyyah. The phrase {in order to seize back part of what you have given them} means they would confine the deceased's wife with the goal that she would relinquish the inheritance she received from the deceased.
3. *The Guardians (Awliyā’):* It is a prohibition against the guardians preventing her marriage.
4. The Husbands (again): In Jahiliyyah, husbands would divorce women but then oppress them or prevent them from remarrying with the aim of taking something from them.
5. General Application: It applies to everyone mentioned above.

Regarding His saying: {unless they commit an evident immorality} (4:19), there are several issues:

1. First Opinion: It refers to nushūz (defiance/recalcitrance), bad temper, and harming the husband or his family. The meaning is: Unless the bad conduct originates from her side, then you are excused in seeking khul‘ (redemption/divorce initiated by the wife). This is supported by the recitation of Ubayy ibn Ka‘b: "unless they commit obscenity against you" (an yafḥush ‘alaykum).
2. Second Opinion: It means adultery (zinā). This is the view of Al-Hasan, Abū Qilābah, and As-Suddī.

There are several interpretations for the phrase {unless they commit}:

1. Exception to Taking Back Wealth: It is an exception to taking back the dowry. Meaning, it is not lawful to confine her to force her to redeem herself unless she commits adultery. Some scholars hold that this ruling remains, while others say it is abrogated by the verse on flogging (for adultery).
2. Exception to Confinement: It is an exception to the confinement mentioned earlier in {confine them in houses} (4:15). This is the view of Abū Muslim, who claimed this ruling is not abrogated.
3. Exception to ‘Aḍl (Detention): It can be an exception to {Nor should you detain them}, since ‘aḍl includes confinement. Thus, guardians and husbands are forbidden from confining women in their homes unless they commit evident immorality; at that point, it becomes lawful for them to confine them in their homes.

Nāfi‘ and Abū ‘Amr recited {Mubayyinah} (evident) with a kasrah on the yā’ (Mubayyinah), but they recited {Mubayyināt Allāh} (Allah makes clear) in Surah An-Nūr (24:34) with a fatḥah on the yā’. They argued that in the latter case, the intent is to show that Allah is the one making things clear, whereas in {a clear immorality}, the intent is not to attribute the act of making clear to the immorality itself.

Ibn Kathīr and Abū Bakr (from ‘Āṣim) recited with a fatḥah in both instances. Those who read with fatḥah have two justifications:

1. Immorality and signs (āyāt) do not truly perform actions; rather, Allah is the one who makes them clear.
2. The immorality itself becomes evident (tabayyan). If four witnesses testify to it, it becomes Mubayyinah (made evident). As for the signs, Allah makes them clear.

Those who read with kasrah (Mubayyinah) argue that when the signs become clear and manifest, they become the means of clarification, and thus it is permissible to attribute the act of clarification to them, just as idols, being the means of misguidance, have misguidance attributed to them (e.g., {My Lord, indeed they have led astray many of the people} [14:36]).

The Third Type of injunctions related to women is His saying: {And live with them in kindness} (4:19). The people used to treat women poorly, so they were commanded: {And live with them in kindness}. Al-Zajjāj said this means fairness in spending the night (mabīt) and in financial maintenance (nafaqah), and gentleness in speech.

Then the Almighty said: {But if you dislike them}—meaning you dislike living with them kindly and accompanying them, and you prefer separation—{then perhaps you dislike a thing and Allah makes therein much good} (4:19).

Regarding the pronoun in {therein} (fīhi), there are two views:

1. The Good is in Continued Companionship: The meaning is: If you dislike accompanying them, then keep them kindly, for perhaps there is much good in accompanying them. Those who hold this view sometimes interpret the "much good" as a child who might be born, turning dislike into love and aversion into desire. Other times, they interpret it as the great reward earned by enduring the disliked situation for the sake of Allah's reward, treating her kindly against one's nature, leading to great reward in the Hereafter and praise in this world.
2. The Good is in Separation: The meaning is: If you dislike them and desire separation, perhaps Allah places much good in that separation. This good is that the woman finds a better husband, or the man finds a better wife. This is supported by the verse: {But if they separate, Allah will enrich each of them out of His abundance} (4:130). This is the view of Abū Bakr Al-Aṣamm. Al-Qāḍī commented that this view is distant because the Almighty encouraged continuing the companionship; how then could He intend separation by mentioning this?

The Fourth Type of injunctions related to women is:

**{And if you intend to exchange one wife for another and you have given one of them a great amount [a Qintār] of wealth, take nothing back from it. Would you take it through slander and evident sin? How could you take it back when you have already gone in unto each other, and they have taken from you a solemn covenant?}* (4:20-21).