وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ {12}

12. "And you will have half of what your wives leave, if they have no child. But if they have a child, then you shall have a fourth of what they leave after (the payment of) any bequest they may have bequeathed or a debt; and they shall have a fourth of what you leave if you have no child, but if you have a child, then they shall have an eighth of what you leave after (the payment of) a bequest you may have bequeathed or a debt. And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth, but if they are more than that, they shall be sharers in a third after (the payment of) any bequest that does not harm (others). (This is) an ordinance from Allah and Allah is Knowing, Forbearing."

Commentary:

Inheritance of Spouses from Each Other:

In this verse, the explanation of the heritance of spouses from each other is stated. The verse, says:

"And you will have half of what your wives leave, if they have no child..."

But if they have a child or children, even if they are from another husband, only one fourth of her property belongs to you. It says:

"... But if they have a child, then you shall have a fourth of what they leave..."

This distribution is, of course, after paying the debts of the wife and fulfilling her bequests upon financial affairs, as the verse says:

"... after (the payment of) any bequest they may have bequeathed or a debt..."

And, if you have not any child, there will be a fourth of your heritance for your wives. It says:

"... and they shall have a fourth of what you leave if you have no child..."

Then, the portion of your wives will be one eighth of your property, except for the land the explanation of which is stated in jurisprudent books. It is in the case that you have a child, even though this child is from another wife. It says:

"... but if you have a child, then they shall have an eighth of what you leave… "

This division, similar to the previous division, is also done after the fulfilment of the bequest you have bequeathed and paying the debts. The verse continues saying:

"... after (the payment of) a bequest you may have bequeathed or a debt..."

Then, it states the ordinance of the inheritance of sisters and brothers, when it says:

"... And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth..."

The Arabic term /kalalah/ is used for the maternal sisters and brothers who have inheritance from the diseased person. This situation is in the condition that there remains a maternal brother and sister from the diseased person. But if they are more than one they will have, on the whole, one third. That is they must divide one third of the property among themselves.

"... but if they are more than that, they shall be sharers in a third... "

Then it adds that this is in the case that the bequest be. Performed formerly and the debts be separated from the property.

"... after (the payment of) any bequest ..."

And, it is in the condition that it does not harm the inheritors through the bequest or confessing a debt.

"... that does not harm (others)..."

So, at the end of the verse, for an emphasis; it says:

"... (This is) an ordinance from Allah and Allah is Knowing, Forbearing."

That is, this is a divine order which you must respectedly observe and He, Who has enjoined you these ordinances, is cognizant of your interests and expedients, and He is also aware of the intentions of the testators; yet, in the meantime, He is Forbearing and does not punish promptly those who treat against His command.

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تِلْكَ حُدُودُ اللّهِ وَمَن يُطِعِ اللّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ {13}

13. "These are limits (set) by Allah; and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever; and this is the great success."

Commentary:

Following the discussion of inheritance in the previous verse, here, in this verse, the concerning laws are referred to as 'the divine limits', where it says:

"These are limits (set) by Allah…"

These are some limits which are forbidden to pass over or transgress. Therefore, those who transgress and break the bounds of these laws are known as sinners and criminals.

Then, it speaks about those who respect these limits by observing them, saying:

"…and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever…"

And, at the end of the verse, it adds:

"… and this is the great success,"

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وَمَن يَعْصِ اللّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ {14}

14. "And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein, and he shall have an abasing torment."

Commentary:

In this verse, other side of the coin is discussed about and those groups, who are opposite to the people mentioned in the previous verse, are referred to. It says:

"And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein..."

Then, at the end of the verse, the final fate of such people is pointed out, where it says:

"... and he shall have an abasing torment."

In the former sentence, the bodily punishment of the Lord was referred to, while in this concluding sentence, which speaks about abasing torment, the spiritual aspect of that punishment is pointed out.

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وَاللاَّتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَآئِكُمْ فَاسْتَشْهِدُواْ عَلَيْهِنَّ أَرْبَعةً مِّنكُمْ فَإِن شَهِدُواْ فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىَ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللّهُ لَهُنَّ سَبِيلاً {15}

15. "And as for those of your women who are guilty of lewdness, call to witness four of you (Muslims) against them; then if they bear witness (to the fact), confine them to the houses until death takes them away or Allah makes some way for them."

Commentary:

The punishment of filthy women who have husband and are polluted with lewdness is pointed out in the above verse, where it says:

"And as for those of your women who are guilty of lewdness, call to witness four of you (Muslims) against them..."

Then, the verse continues saying:

"... then if they bear witness (to the fact), confine them to the houses until death takes them away ..."

Thus, the punishment of lewdness for the women who have husband has been assigned 'life imprisonment' in this verse.

But, immediately after that, it says:

"... or Allah makes some way for them."

From the above mentioned sense, it is understood that this ordinance had been a temporary ordinance, because later the holy Prophet (s) issued the divine ordinance of 'stoning', the explanation of which is found in Islamic literature and the books of jurisprudence where you may refer to it.

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وَاللَّذَانَ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُواْ عَنْهُمَا إِنَّ اللّهَ كَانَ تَوَّابًا رَّحِيمًا {16}

16. "And when two of you commit it (lewdness) punish them both, but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful."

Commentary:

In this verse the ordinance of fornication is stated. It indicates that the man and woman, who have not spouses and commit this indecent action, lewdness, both must be punished. It says:

"And when two of you commit it (lewdness) punish them both..."

The punishment mentioned in this verse is a general punishment, while verse No.2 from Sura Nur, No.221, which assigns one hundred stripes for each of the two parties, can be a commentary and an explanation upon the above verse.

At the bottom of the verse, it points to the matter of repentance and forgiveness about these kinds of sinners, and says:

"... but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful."

In the meantime, it is understood from this ordinance that the persons who have repented of their faults should never be blamed for their former sins.

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إِنَّمَا التَّوْبَةُ عَلَى اللّهِ لِلَّذِينَ يَعْمَلُونَ السُّوَءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُوْلَـئِكَ يَتُوبُ اللّهُ عَلَيْهِمْ وَكَانَ اللّهُ عَلِيماً حَكِيماً {17}

17. "Verily repentance with Allah is only for those who do evil ignorantly and then repent soon. So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

Commentary:

In the previous verse, the subject of the fulfilment of stripes upon those who commit indecency, fornication, as their punishment with repentance, was clearly stated. In the above verse, some of its conditions are mentioned, too. It says:

"Verily repentance with Allah is only for those who do evil ignorantly..."

The purpose of the usage of the term 'ignorantly' in the above mentioned verse is the violence of instincts and the domination of the strong low desires, and their conquest over the strength of intellect and faith. In this state, the knowledge of man about sins, although does not vanish completely, under the influence of those strong instincts becomes affected and, actually, remains futile. So, when the knowledge of man loses its effect, it will practically be equal to ignorance.

In the next sentence, the Qur'an has pointed to one of other conditions of repentance, where it says:

"... and then repent soon..."

That is, they regret from their actions soon and return to Allah, since a complete repentance is that which, on the whole, wipes out the remaining effects of sins from the spirit and mind of the person.

After mentioning the conditions of repentance, the verse concludes as such:

"... So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

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وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الآنَ وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُوْلَـئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا {18}

18. "And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent', nor for those who die while they are disbelievers. Those are they for whom We have prepared a painful torment."

Commentary:

Those whose repentance is not accepted is referred to in this verse. It says:

"And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent,'..."

The second group whose repentance is also not accepted are those who pass away while they are infidels. The verse says about them:

"... nor for those who die while they are disbelievers..."

In fact, the verse indicates that those who have repented from their sins and they had been safe and sound and had a good faith, but at the time of death they were not faithful, their former repentance is futile, too.

At the end of the verse, it says about both groups:

"... Those are they for whom We have prepared a painful torment."

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يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيراً {19}

19. "O' you who have Faith! It is not lawful for you to inherit the women against their will, and do not straiten them in order that you may take a part of what you have given them, unless they are guilty of manifest lewdness; but deal kindly with them, and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it."

Occasion of Revelation:

It is narrated from Imam Baqir (a) that the above verse was revealed about the men who used to keep their wives without treating with them as a spouse, waiting for their death in order to possess their properties.

Commentary:

The verse may hint to the fact that only the wealth is heritable, and the wife of a man after his death does not belong to anyone as heritage. After the death of her first husband, a woman can choose another husband with her own decision.

Explanations:

1. Islam is the defender of the rights of women.

"O' you who have Faith! It is not lawful for you to inherit the women against their will..."

2. Women have the right of possession.

"….to inherit the women…"

3. Conjugal life should be based on mutual love, not on taking possession of wealth.

4. Taking back the dower forcefully is unlawful.

"... and do not straiten them in order that you may take a part of what you have given them..."

"... unless they are guilty of manifest lewdness..."

5. Women should be treated well.

"... but deal kindly with them ..."

6. Many of goodnesses lie among the unpleasant things.

"... and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it."

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وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلاَ تَأْخُذُواْ مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً {20}

20. "And if you intend to take one wife in place of another and you have given one of them a considerable property then do not take anything of it. Would you take it by slandering (her) and with manifest wrong? "

Commentary:

At the Age of Ignorance, when some men desired to marry another wife, he would denigrate his first wife so that she had to remit her dower in order that the husband might divorce her. After that, the husband could marry another woman with the same dower that he had taken back. This verse blames the custom of the pagans of that time.

Explanations:

1. Remarriage is admissible from the point of Islam.

"And if you intend to take one wife in place of another..."

2. Divorce is in the authority of man.

3. Islam is the defender of the rights of women, and prohibits it if the second marriage might waste the rights of the first wife.

"... and you have given one of them considerable property ..."

4. Wives have possession and their whole wealth must be given to them completely.

"... then do not take anything of it..."

5. One of the worst sorts of transgression is taking the property of others by justifying, denigrating and defaming them.

"... would you take it by slandering (her) and with manifest wrong? "

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- وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا {21}

21. "And how can you take it (back) when one of you has already gone in to the other and they have taken from you a firm covenant?"

Commentary:

This verse indicates that in the fulfilment of propagations and forbidding wrong, human's affections should be utilized either. (You that, for a long time, have had a whole relationship with your wife and have obtained your wishes, why do you take back her dower unjustly now?) Then, at the time of misfortunes of life, former pleasures should be remembered, too.

"And how can you take it (back) when one of you has already gone in to the other? ..."

The marriage contract is a firm covenant; therefore, breach of promise is not proper.

"... and they have taken from you a firm covenant."

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وَلاَ تَنكِحُواْ مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاء إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاء سَبِيلاً {22}

22. "And do not marry women whom your father married, except what has already passed; verily it is indecent and hateful and it is an evil way."

Commentary:

One of the customs in the pre-Islamic era of Ignorance was that whenever a person passed away, his offsprings would marry their step mother (their fathers' wife).

It happened that one of the Helpers, called Abu-Qays, passed away and his son suggested to marry his step mother. The woman said that she should ask the matter from the Messenger of Allah (s). When she went to the Prophet (s) and told him the matter, this verse was revealed and prohibited the marriage with step mother.

"And do not marry women whom your father married, except what has already passed;

Verily it is indecent and hateful and it is an evil way."

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Section 4

Women who may be taken in wedlock

Unlawful to wed blood and foster relations -Not to marry two sisters at a time -To marry free women - Laws regards wedding slave girls.

حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّتِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا {23}

23. " Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughters of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives, and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, there shall not be a sin on you (to marry their daughters), and the wives of your sons who are of your own loins. And (it is forbidden to you) that you should have two sisters together (at the same time), except what has already passed, verily Allah is Forgiving, Merciful."

Commentary:

In this verse, those women with whom marriage is forbidden are pointed out. This prohibition comes forth through three ways: 1) Birth of progeny, genealogical relationship; 2) marriage, (casual relationship); 3) suckling, (foster relationship).

The marriages with the above mentioned relatives, which had occurred before the revelation of this verse, were forgiven. The prohibition of marriage with some relatives had been enjoined in the former divine religions, too. For example, the Torah, book of Leviticus, Chapter 18, verses 6 to 23 are as follows:

6. None of you shall approach to any that is near of kin to him, to uncover their nakedness: I am the LORD.

7. The nakedness of thy mother, shalt thou not uncover: She is thy mother; thou shalt not uncover her nakedness.

8. The nakedness of thy father's wife shalt thou not uncover: it is thy father's nakedness.

9. The nakedness of thy sister, the daughter of thy father, or daughter of thy mother, whether she be born at home, or born abroad, even their nakedness thou shalt not uncover.

10. The nakedness of thy son's daughter, or of thy daughter's daughter, even their nakedness thou shalt not uncover: for their's is thine own nakedness.

11. The nakedness of thy father's wife's daughter, begotten of thy father, she is thy sister; thou shalt not uncover her nakedness.

12. Thou shalt not uncover the nakedness of thy father's sister: she is thy father's near kinswoman.

13. Thou shalt not uncover the nakedness of thy mother's sister: for she is thy mother's near kinswoman.

14. Thou shalt not uncover the nakedness of thy father's brother; thou shalt not approach to his wife: she is thine aunt.

15. Thou shalt not uncover the nakedness of thy daughter in law: she is thy son's wife; thou shalt not uncover her nakedness.

16. Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness.

17. Thou shalt not uncover the nakedness of a woman and her daughter; neither shalt thou take her son's daughter, or her daughter's daughter, to uncover her nakedness; for they are her near kinswomen: it is wickedness.

18. Neither shalt thou take a wife to her sister, to vex her, to uncover her nakedness, beside the other in her life time.

19. Also thou shalt not approach uncover to a woman to uncover her nakedness, as long as she is put apart for her uncleanness.

20. Moreover thou shalt not lie carnally with thy neighbour's wife, to defile thyself with her.

21. And thou shalt not let any of thy seed pass through the fire to Molech; neither shalt thou profane the name of thy God: I am the LORD.

22. Thou shalt not lie with mankind, as with womankind: it is abomination.

23. Neither shalt thou lie with any beast to defile thyself therewith: neither shall any woman stand before a beast to lie down thereto: it is confusion.

Explanations:

1. The authority of enjoining things to be unlawful (such as alcoholic liquor, some bargains, and married women) is wholly up to Allah.

"Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughters of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives..."

2. Consider the daughters of your wife from her previous husband who are brought into your house, as your own daughters, and be as a trainee for them, since you are their father.

"... and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, then there shall not be a sin on you (to marry their daughters)..."

3. The wives of your sons, who are from your own dynasty, are unlawful for you to marry, and the wives of your adopted sons, as well.

"... and the wives of your sons who are of your own loins"

4. The contemporary marriage with two sisters usually draws them toward personal jealousy and competition and, finally, their love and affections may be led to detestation.

The prohibition may be for this reason. The verse says:

"... And (it is forbidden to you) that you should have two sisters together (at the same time)..."