I Syntax and Declensions (النحو و الاعراب)
1. The copulation of ‘تَفْرِضُوا لَهُنَّ فَرِيضَةً’
The words ‘تَفْرِضُوا لَهُنَّ فَرِيضَةً’ are copulated to the negative particle ‘لَمْ’ and the implied meaning is ‘تَفْرِضُوا لَهُنَّ فَرِيضَةً لَمْ مَا اَوْ’.
2. Parsing of 2:234
The parsing of ‘وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ’ as pointed out by the author (ref. 11) must be kept in consideration: the word ‘وَصِيَّةً’ is the object (maf‘ūl) of a suppressed verb like ‘يُوْصُوْنَ’; the word ‘مَتَاعًا’ is the object of ‘وَصِيَّةً’. A verbal noun like ‘وَصِيَّةً’ has the ability to drive a word into the accusative because of the presence of the verb factor in it. The word ‘غَيْرَ إِخْرَاجٍ’ is an accusative of state from ‘لِأَزْوَاجِهِمْ’.
3. Declensions of ‘فَرِجَالًا’ and ‘رُكْبَانًا’
The words ‘فَرِجَالًا’ and ‘رُكْبَانًا’are accusatives of state (حَال) from the suppressed imperative verb ‘صَّلُوْا’.
II Eloquence & Style (الاساليب و البلاغة)
1. Suppression after ‘لَا جُنَاحَ عَلَيْكُمْ’
As pointed out by the author (ref. 1) words to the effect ‘فِى الفرِيْضهَ’ are suppressed after ‘لَا جُنَاحَ عَلَيْكُمْ’. Most commentators do not acknowledge this suppression and take the verse to mean that there is no harm in divorcing wives if their husbands have not touched them or if their dower has not been fixed.
2. Mujānasah
As pointed out by the author (note. 3) the literary device ‘Mujānasah’ (literally: of the same genre) is used by the Qur’ān in ‘إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ’. ‘Mujānasah’ means the use of the same verb or noun in reply to some statement such that in this second instance of usage it is not used in its original meaning but used in a different meaning to which the context readily testifies. Here, of course, the act of paying the full amount of the dower by the husband cannot be termed ‘عَفْو’ (forgiveness). It is basically an act of magnanimity on his part.1 However, it is used in reply to the word ‘يَعْفُونَ’ as per ‘Mujānasah’.
III Coherence and Placement (النظم و النظام )
1. Placement of 238-8
As pointed out by the author (ref. 9), the third section of the sūrah ends on these two verses. This section primarily consists of the directives of the Sharī‘ah. The directive of prayer on which this section ends actually highlights the importance and significance of the prayer. If one is to remain steadfast on the whole Sharī‘ah of the Almighty, one must be very watchful and careful in observing the directive of the prayer.
2. Placement of 241-2
It is evident from the placement of both these verses (ref. 10) that both were revealed as an explanation of the original directives. The Tabyīn verse alludes to this fact (‘اللَّهُ كَذَلِكَ يُبَيِّنُ’ and ‘ِلِلنَّاسِ وَيُبَيِّنُ آيَاتِه’). It is to be appreciated that Tabyīn verses are in accordance with the promise made by the Almighty in Sūrah Qiyāmah (75:19) and are actually an elucidation of a previous directive. They are revealed later and placed after the directive(s) they explain. (For more examples of such verses see: 2:187, 2:219. 2:266, 3:103, 24:58, 24:61)
IV Exegesis and Explanation (الشرح و التفسير)
1. Origin of the Prayer
As pointed out by the author (ref. 7), the ritual of the prayer is an age old tradition of the Prophets of Allah. It is incorrect to conclude that this worship ritual was initiated by Muhammad (sws). Similarly the worship rituals of Zakāt, Sawm and Hajj existed in Arabia both among the Idolaters and the People of the Book. Thus the Prophet (sws) was not the first to give directives about them. He only cleansed them of certain innovations (bid‘āt) which had crept into them over the years.
As far as the prayer is concerned, it was for its very establishment for which Abraham (sws) built the Ka‘bah, as is mentioned by the Qur’ān:
رَبَّنَا إِنِّي أَسْكَنتُ مِنْ ذُرِّيَّتِي بِوَادٍ غَيْرِ ذِي زَرْعٍ عِنْدَ بَيْتِكَ الْمُحَرَّمِ رَبَّنَا لِيُقِيمُوا الصَّلَاةَ (٣٧:١٤)
O Lord I have made some of my offspring to dwell in a barren valley by Your sacred House in order, O Lord, that they may establish regular prayer. (14:37)
We find the mention of this mode of worship even before Abraham (sws). While referring to the nation of the Prophet Shu‘ayb (sws), who, according to some authorities, lived much before Abraham (sws), the Qur’ān says:
قَالُوا يَاشُعَيْبُ أَصَلَاتُكَ تَأْمُرُكَ أَنْ نَتْرُكَ مَا يَعْبُدُ آبَاؤُنَا (٨٧:١١)
They said: O Shu‘ayb does your prayer command you that we leave the worship which our fathers practiced…” (11:87)
While referring to the Prophets Abraham (sws), Isaac (sws) and Jacob (sws), the Qur’ān says:
وَجَعَلْنَاهُمْ أَئِمَّةً يَهْدُونَ بِأَمْرِنَا وَأَوْحَيْنَا إِلَيْهِمْ فِعْلَ الْخَيْرَاتِ وَإِقَامَةِ الصَّلَاةِ وَإِيتَاءَ الزَّكَاةِ (٧٣:٢١)
And We made them leaders guiding [men] by Our command, and We sent them inspiration to do good deeds, to establish regular prayer and to give Zakāt. (21:73)
While describing the life of the Prophet Ismael (sws), the Qur’ān says:
وَكَانَ يَأْمُرُ أَهْلَهُ بِالصَّلَاةِ وَالزَّكَاةِ وَكَانَ عِنْدَ رَبِّهِ مَرْضِيًّا(٥٥:١٩)
And he used to enjoin on his people the prayer and Zakāt. (19:55)
The Children of Israel were bound by a divine covenant to offer regular prayer, as quoted by the Qur’ān:
وَلَقَدْ أَخَذَ اللَّهُ مِيثَاقَ بَنِي إِسْرَائِيلَ وَبَعَثْنَا مِنْهُمْ اثْنَيْ عَشَرَ نَقِيبًا وَقَالَ اللَّهُ إِنِّي مَعَكُمْ لَئِنْ أَقَمْتُمْ الصَّلَاةَ وَآتَيْتُمْ الزَّكَاةَ وَآمَنْتُمْ بِرُسُلِي وَعَزَّرْتُمُوهُمْ (١٢:٥)
Allah did take a covenant from the Children of Israel, and We appointed twelve leaders among them and Allah said: ‘I am with you if you establish regular prayer, give zakāt believe in my messengers, honor and assist them’. (5:12)
Consequently, the Prophets of the Israelite tradition bade their nations to offer the prayer, as is specified by the Qur’ān.
وَأَوْحَيْنَا إِلَى مُوسَى وَأَخِيهِ أَنْ تَبَوَّأَا لِقَوْمِكُمَا بِمِصْرَ بُيُوتًا وَاجْعَلُوا بُيُوتَكُمْ قِبْلَةً وَأَقِيمُوا الصَّلَاةَ (٨٧:١٠)
We inspired Moses and his brother with this message: ‘Make dwellings for your people in Egypt, and make your [own] dwellings into places of worship and establish regular prayer’. (10:87)
The Prophet Moses (sws) had been told:
إِنَّنِي أَنَا اللَّهُ لَا إِلَهَ إِلَّا أَنَا فَاعْبُدْنِي وَأَقِمْ الصَّلَاةَ لِذِكْرِي (١٤:٢٠)
Verily I am Allah: ‘There is no god but I. So serve Me [only] and establish regular prayer to remember me’. (20:14)
This is what Jesus (sws) had said:
وَجَعَلَنِي مُبَارَكًا أَيْنَ مَا كُنتُ وَأَوْصَانِي بِالصَّلَاةِ وَالزَّكَاةِ مَا دُمْتُ حَيًّا (٣١:١٩)
And He has made me blessed wheresoever I be, and has enjoined on me prayer and Zakāt as long as I live. (19:31)
We know from the Qur’ān that the sage Luqmān who belonged to the ancient Arab tradition bade his son to offer regular prayer which shows that this act of worship was in practice in his times as well:
يَابُنَيَّ أَقِمْ الصَّلَاةَ وَأْمُرْ بِالْمَعْرُوفِ وَانْهَ عَنْ الْمُنكَرِ وَاصْبِرْ عَلَى مَا أَصَابَكَ إِنَّ ذَلِكَ مِنْ عَزْمِ الْأُمُورِ (١٧:٣١)
O my son! Establish regular prayer, enjoin what is just and forbid what is wrong. (31:17)
It is known from a Hadīth that Abū Darr Ghaffārī (rta) used to pray even before he had met the Prophet (sws). While talking to his nephew during the course of a journey, he says:
وَقَدْ صَلَّيْتُ يَا ابْنَ أَخِي قَبْلَ أَنْ أَلْقَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِثَلَاثِ سِنِينَ قُلْتُ لِمَنْ قَالَ لِلَّهِ قُلْتُ فَأَيْنَ تَوَجَّهُ قَالَ أَتَوَجَّهُ حَيْثُ يُوَجِّهُنِي رَبِّي أُصَلِّي عِشَاءً حَتَّى إِذَا كَانَ مِنْ آخِرِ اللَّيْلِ (مسلم: رقم ٥٤٢٠)
‘O son of my brother! I used to pray three years prior to meeting the Prophet’. I asked: ‘For whom did you pray’. He replied: ‘For Allah’. I said: ‘In what direction did you pray’. He replied: ‘In whatever direction the Almighty turned my face to; I used to offer the ‘Ishā prayer late at night’. (Muslim, No: 5420 )
Similarly, Ka‘ab Ibn Luiyyī, one of the Prophet’s ancestors used to address the Friday congregational prayers as is reported in history:
كعب بن لؤي…هو أول من سماها الجمعة فكانت قريش تجتمع إليه في هذا اليوم فيخطبهم ويذكرهم بمبعث النبي ويعلمهم أنه من ولده ويأمرهم باتباعه والإيمان
Ka‘ab was the first person who named Yawm al-‘Urūbah as Yawm al-Jumu‘ah (Friday). The Quraysh used to gather round him on this day. He would addreess them and remind them of the advent of the Prophet Muhammad (sws) and inform them that he would be from among his progeny, and would direct them to follow him and believe in him.2
In a Hadīth in which the Prophet (sws) has been taught to pray five times by Gabriel, it is said that Gabriel visited the Prophet (sws) on two consecutive days and taught him the starting and ending times of each of the five prayers. When he was about to leave on the second day, this is what he is reported to have said:
فقال يا محمد هذا وقت لأنبياء من قبلك والوقت ما بين هذين الوقتين
O Muhammad! It is in these times that the Prophets before you also prayed. (Abū Dā’ūd, No: 149)
Professor Abraham I. Katsh in his book ‘Judaism in Islam’ writes:
The rules and regulations concerning prayer in general would indicate that the five daily prayers originated with Jewish practices …. according to the Babylonian Talmud, we have only three daily prayers. However, Prof. Louis Ginzberg, in his monumental study on the Talmud Yerushalmi, shows that the institution of Jewish prayer originally called for five daily prayers instead of the known three ….Thus, we learn that the Jews in Arabia during the talmudic period really met five times daily for prayer in the synagogue; twice for the recitation of the Shema, and three times for the three regular ‘prayer’. For practical reasons, the two prayers in the morning were combined into one, as were the two prayers in the evening.3
All this evidence shows that the prayer (Salāt) was a previously introduced form of worship in the time of the Prophet (sws). It is precisely for this reason that we find no mention of its details in the Qur’ān. The Qur’ān just seems to be referring to it as a practice which was already being followed in the society, and needed to be properly rectified in some of its aspects.
2. Wrong instance of Abrogation
Most commentators maintain that the directives given in 2:240 are abrogated by some other verses of the Qur’ān. While summarizing their views, Imām Rāzī writes:
فثبت أن هذه الآية توجب أمرين أحدهما: وجوب النفقة والسكنى من مال الزوج سنة والثاني: وجوب الاعتداد سنة، لأن وجوب السكنى والنفقة من مال الميت سنة توجب المنع من التزوج بزوج آخر في هذه السنة، ثم إن الله تعالى نسخ هذين الحكمين، أما الوصية بالنفقة والسكنى فلأن القرآن دل على ثبوت الميراث لها، والسنة دلت على أنه لا وصية لوارث، فصار مجموع القرآن والسنة ناسخاً للوصية للزوجة بالنفقة والسكنى في الحول، وأما وجوب العدة في الحول فهو منسوخ بقوله: {يتربصن بأنفسهن أربعة أشهر وعشراً} (البقرة: 234) فهذا القول هو الذي اتفق عليه أكثر المتقدمين والمتأخرين من المفسرين.
Thus it is proven that this verse (2:240) made two things obligatory: one, a year’s maintenance and residence, and two, a year’s ‘Iddat because being provided residence and maintenance for a year from the husband’s money meant that the woman could not marry any other person in that one year period. Then the Almighty abrogated both these directives. As far as the directive of bequeathing maintenance and residence for a year was concerned, it was abrogated both by the law of inheritance revealed in the Qur’ān and the Hadīth according to which no bequest can be made in favor of an heir. As for the one year period of ‘Iddat from marriage for one year, it was abrogated by the Qur’ānic verse: ‘يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا’ (they should keep themselves in waiting for four months and ten days). This [is a summary] of the views of most commentators of the past and those of later times.4
The author differs from the above summarized views of the commentators. He believes (ref. 11). that providing maintenance and residence for a year to the widow is actually an extension of his obligation of providing maintenance and residence to her when he was alive. At his death, it was not deemed appropriate that these services be discontinued forthwith. It is for the husband that she spends the ‘Iddat period and thus after its expiry she should be given more time to decide her future except if she herself of her own accord leaves the house. The verses have nothing to do with inheritance and thus there is no question of any abrogation.
1. For some more examples of ‘Mujānasah’ see 42:40, 2:194 and 16:126.
2. Ibn Manzūr, Lisānu’l-‘Arab, 1st ed., vol. 8, (Beirut: Dār Sādir, 1400 AH), p. 58
3. Abraham I Katsh, Judaism in Islam, p. 10
4. Rāzī, Imām Fakhru’l-Dīn, 2nd ed., vol. 6, (Tehran: Dāru’l-Kutub al- ‘Ilmiyyah), p. 158