Tafsir of An-Nisa' 4:15-16

"And those who commit immorality..."

"Commit immorality" It is said: ata al-fahisha (he committed immorality), ja’aha (he came to it), ghashiha (he covered it), and rahaqaha (he approached it)—all carry the same meaning. In the reading of Ibn Mas‘ūd, it is ya’tīna bi-l-fāḥisha (they commit the immorality). The fāḥisha is adultery, due to its exceeding many other ugly acts in its repulsiveness.

"Then confine them to houses" It is said this means: keep them imprisoned in your homes. This was their punishment at the beginning of Islam. It was later abrogated by the words of the Exalted: "The woman and the man guilty of adultery..." (An-Nūr: 2). It is also possible that it is not abrogated, but rather the mention of the hadd (prescribed punishment) was omitted because it was already known through the Book and the Sunnah. Thus, it commands that they be confined to their homes after being punished, as a means of protecting them from repeating what they had done due to leaving their homes and exposing themselves to men.

"Or Allah ordains for them a way" This is marriage, through which they become independent of illicit intercourse. It is also said that the "way" is the hadd (punishment), as it had not yet been legislated at that time.

If you ask: "What is the meaning of yatawaffāhunna al-mawt (until death takes them)? Tawaffī and mawt (death) have the same meaning; it is as if it were said: 'until death causes them to die.'"

I say: It is permissible that it means until the angels of death take them, as in His words: "Those whom the angels take in death" (An-Naḥl: 28), "Those whom the angels take in death" (An-Nisāʾ: 97), and "Say: The angel of death will take you" (As-Sajdah: 11). Or, it means until death seizes them and takes their souls in full.

"And the two who commit it among you" He means the male adulterer and the female adulterer.

"Then punish them both" Reprimand them, condemn them, and say to them: "Are you not ashamed? Do you not fear Allah?"

"But if they repent and amend" And change their state.

"Then leave them alone" Cease the reprimand and condemnation, for repentance prevents the deserving of blame and punishment. It is also possible that this is an address to the witnesses who discover their secret. "Punishment" here means condemning them, rebuking them, and threatening to report them to the Imam for the hadd. If they repent before being reported to the Imam, then leave them alone and do not bother them. It is also said that the first verse was revealed regarding lesbians, and this one regarding sodomites.

It is read as wa-lladhdhāni (with a shadda on the nūn) and wa-lladh’āni (with a hamza and a shadda on the nūn).