FEEDING NEEDY

58. Surah Al Mujadilah

The Quranic Text & Ali’s Version:

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.

فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا...

58: 4.     And if any has not (the wherewithal), he should fast for two months consecutively before they touch each other.

C5336. Cf. 4:92.

The penalty is: to get a slave his freedom, whether it is your own slave or you purchase his freedom from another; if that is not possible, to fast for two months consecutively (in the manner of the Ramadan fast); if that is not possible, to feed sixty poor.

See next note.

...فَمَن لَّمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ...

But if any is unable to do so, he should feed sixty indigent ones.

C5337. There is a great deal of learned argument among the jurists as to the precise requirements of Canon Law under the term "feeding" the indigent.

For example, it is laid down that half a Sa' of wheat or a full Sa' of dates or their equivalent in money would fulfil the requirements, a Sa' being a measure corresponding roughly to about 9 lbs. of wheat in weight.

Others hold that a Mudd measure equivalent to about 2 1/4 lbs. would be sufficient. This would certainly be nearer the daily ration of a man.

It is better to take the spirit of the text in its plain simplicity, and say that an indigent man should be given enough to eat for two meals a day.

The sixty indigent ones fed for a day would be equivalent to a single individual fed for sixty days, or two for thirty days, and so on. But there is no need to go into minutiae in such matters.

... ذَلِكَ لِتُؤْمِنُوا بِاللَّهِ وَرَسُولِهِ...

This, that ye may show your faith in Allah and His Messenger.

C5338. These penalties in the alternative are prescribed, that we may show our repentance and Faith and our renunciation of "iniquity and falsehood" (verse 2 above), whatever our circumstances may be.

...وَتِلْكَ حُدُودُ اللَّهِ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ ﴿٤﴾

Those are limits (set by) Allah. For those who Reject (Him), there is a grievous Penalty.

C5339. It would seem that this refers to the spiritual Penalty in the Hereafter for not complying with the small penalty here prescribed. The next verse would then refer to the bigger “humiliating Penalty” for “resistance” to Allah’s Law generally.

Asad’s Version:

Atonement - Penance

58: 3 - 4 (for discarding a wife saying wrong thing and then going back): First freeing a slave, if unable, then fasting 2 months, if unable, feeding 60 needy ones.