58. Surah Al-Mujadalah (The Pleading)
Medina Period [105]
The Quranic Text & Ali’s Version:
قَدْ
سَمِعَ اللَّهُ
قَوْلَ الَّتِي
تُجَادِلُكَ ...
58: 1. Allah has indeed heard (and accepted) the statement of the woman ..
C5330. The immediate occasion was what happened to Khaula bint Thalaba, wife of Aus son of Samit. Though in Islam, he divorced her by an old Pagan custom: the formula was known as Zihar, and consisted of the words "Thou art to me as the back of my mother".
This was hold by Pagan custom to imply a divorce and freed the husband from any responsibility for conjugal duties. Such a custom was in any case degrading to a woman. It was particularly hard on Khaula, for she loved her husband and pleaded that she had little children whom she had no resources herself to support. She urged her plea to the Prophet and in prayer to Allah. Her just plea was accepted, and this iniquitous custom, based on false words, was abolished.
See also n. 3670 to 33:4.
... ِفي زَوْجِهَا وَتَشْتَكِي إِلَى اللَّهِ ...
.... who pleads with thee concerning her husband and carries her complaint (in prayer) to Allah:
...وَاللَّهُ يَسْمَعُ تَحَاوُرَكُمَا ...
and Allah (always) hears the arguments between both sides among you:
C5331. For He is a just God, and will not allow human customs or pretences to trample on the just rights of the weakest of His creatures.
... إِنَّ اللَّهَ سَمِيعٌ بَصِيرٌ ﴿١﴾
for Allah hears and sees (all things).
الَّذِينَ
يُظَاهِرُونَ
مِنكُم مِّن
نِّسَائِهِم
مَّا هُنَّ
أُمَّهَاتِهِمْ ...
58: 2. If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers:
C5332. See n. 5330 above.
...إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ ...
none can be their mothers except those who gave them birth.
...وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًا مِّنَ الْقَوْلِ وَزُورًا...
And in fact they use words (both) iniquitous and false:
C5333. Such words are false in fact and iniquitous, inasmuch as they are unfair to the wife and unseemly in decent society.
...وَإِنَّ اللَّهَ لَعَفُوٌّ غَفُورٌ ﴿٢﴾
but truly Allah is one that blots out (sins), and forgives (again and again).
Were it not that Allah in His Mercy makes allowances for our weaknesses and the various grades of motives that actuate us, such conduct would be inexpiable.
But He prescribes expiation as in the next verse, because He wishes to blot out what is wrong and give us a chance to reform by His forgiveness.
وَالَّذِينَ
يُظَاهِرُونَ
مِن نِّسَائِهِمْ
ثُمَّ يَعُودُونَ
لِمَا قَالُوا...
58: 3. But those who divorce their wives by Zihar, then wish to go back on the words they uttered,
C5335. If Zihar were to be ignored as if the words were never uttered, it would mean that men may foolishly resort to it without penalty. It is therefore recognised in respect of the penalty which the man incurs, but safeguards the woman's rights. She can sue for maintenance for herself. If it was a hasty act and he repented of it, he could not claim his conjugal rights until after the performance of his penalty as provided below.
If she loved him, as Khawlah’s case, she could also herself sue for conjugal rights in the legal sense of the term and compel her husband to perform the penalty and resume marital relations.
...فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ ...
(it is ordained that such a one) should free a slave before they touch each other: this are ye admonished to perform:
...وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ ﴿٣﴾
and Allah is well-acquainted with (all) that ye do.
Asad’s Version:
58:1 GOD has indeed heard the words of her who pleads with thee concerning her husband, and complains unto God. 1 And God does hear what you both have to say: 2 verily, God is all- hearing, all-seeing.
(58:2) As for those of you who [henceforth] separate themselves from their wives by saying, "Thou art as unlawful to me as my mother", 3 [let them bear in mind that] they can never be [as) their mothers: none are their mothers save those who gave them birth: and so, behold, they but utter a saying that runs counter to reason, 4 and is (therefore) false. But, behold, God is indeed an absolver of sins, much-forgiving:
(58:3) hence, as for those who would separate themselves from their wives by saying, "Thou art as unlawful to me as my mother", and thereafter would go back on what they have said, [their atonement] shall be the freeing of a human being from bondage 5 before the couple may touch one another again: this you are [hereby] exhorted to do - for God is fully aware of all that you do. 6