Wife Beating in the Qur'an: Difference between revisions

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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah|'Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah|Shariah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah|'Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah|'Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the [[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in Ṣahīh Ḥadīth and Tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls.  
The Qur'an's fourth chapter, An-Nisaa' النساء, deals with a number of issues relating to men and women, and the relationship between husband and wife. Amongst these issues is the issue of when it is permissible for a husband to physically strike or beat his wife. One verse in particular, 4:34, lays out a three-step scheme for how husbands are to deal with their wives if they fear nushūz نشوز, commonly understood to mean their disobedience, their rebellion, or disloyalty, though the exact meaning of the word is unclear (see {{Quran|4|128}}, which gives instructions to women who fear nushūzan from their husbands). In summary the steps are to first admonish her, then banish her to a different bed, and finally to beat her. The admonition is layed out in a matter-of-fact, very practical way, and it can thus be assumed that the Qur'an's audience was not highly disturbed nor surpised by this holy injunction for domestic violence. Over the centuries the [[tafsir|mufassirun]] have taken up this verse and different scholars from different schools have come to different conclusions on the meaning of the verse vis-a-vis the three-step formula and what the meaning is exactly of nushuuz. All of the traditional scholars agree, however, that one way or another beating is an option that is available to the man. Modern progressive Muslims, under the influence of modern secular liberalism and its firm conviction that wife beating is never acceptable, have however rejected this tradition. Rather, they have sought a number of strategies to come to the conclusion that the Qur'an, and Islam as a whole, does not allow wife beating. These strategies include appeals to the hadith, appeals to perculiar juristic decisions, and linguistic reinterpretation, going so far as to [[The Meaning of Daraba|make demonstrably false claims about the meaning of the word "daraba" in this verse]].
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]]  
 
[[File:Surah 434.gif|right|thumb|550px|]]  
==Introduction==
==Introduction==


The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called [['Iddah (Female Menstrual Waiting Period)|'Iddah]] عدة. However, there is one exception to this requirement in Qur'an 33:49:
The Qur'an takes up the issue of wife beating in two seperate passages. The first is {{Quran|4|34}}:
 
{{Quote|{{Quran|4|34}}|
 
'''Yusuf Ali translation:''' Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) '''beat them''' (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).


{{Quote|{{Quran|33|49}}| {{right|
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونها فمتعوهن وسرحوهن سراحا جميلا
}}
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''


'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}
'''Pickthall translation:''' Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and '''scourge them'''. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.  


From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.


After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the ʿIddah, and the span of time required. We see in Qur'an 65.4:
'''Shakir translation:''' Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and '''beat them'''; then if they obey you, do not seek a way against them; surely Allah is High, Great.


{{Quote|{{Quran|65|4}}|{{right|
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا
}}
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''


'''Sahih International:''' And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}
'''Sahih International translation:'''Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.}}


Here the 'Iddah is prescribed to three categories of women:
All of the agreed upon, relied upon Muslim translations of this verse into English agree that this verse instructs men on when and under what circumstances they are commanded to beat their wives. The verses sets out a three-part program for men dealing with "nushuuz" or disloyalty/disobediance. The three steps outlined are to first to admonish or sternly advise them to stop, then to seperate in the bedroom from them (somehow, commentators take up the question of what this means) and then, finally, to beat them. Yusuf Ali adds the word "lightly" to his translation, a word which is not found in the text of the verse. Rather, this word is found in the Farewell Sermon of the Prophet and a number of [[Hadith]] relating to the issue of wife beating. The particular turn of phrase here is "ghayr mubarrih" غير مبرح, a phrase meaning something like "not violently" or "not intensely." The scholarly consensus around this verse and the related traditions is that it is allowed and even instructed from Allah to strike a disobedient wife, however this strike must not cause grievous damage. The definitions of "grevious" or "serious" damage is subject to discussion by the commentators. The cause of the revelation, as will be seen below, leaves no doubt however that despite Muhammad's own wish on the matter it is the will of Allah that men strike their disobedient lives.


#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.
A second verse deals with the issue but much more obliquely. {{Quote|{{Quran-range|38|41|44}}| They will say, "Exalted are You! You, [O Allah], are our benefactor not them. Rather, they used to worship the jinn; most of them were believers in them." But today you do not hold for one another [the power of] benefit or harm, and We will say to those who wronged, "Taste the punishment of the Fire, which you used to deny." And when our verses are recited to them as clear evidences, they say, "This is not but a man who wishes to avert you from that which your fathers were worshipping." And they say, "This is not except a lie invented." And those who disbelieve say of the truth when it has come to them, "This is not but obvious magic." And We had not given them any scriptures which they could study, and We had not sent to them before you, [O Muhammad], any warner. }}ibn Kathir notes on this verse that Allah gave Ayub (Job) the option to hit his wife with a bundle of twigs without having to carry out his promise to beat her 100 blows:{{Quote|Tafsir of ibn Kathir on Qur'an  38:41-44|(And take in your hand a bundle of thin grass and strike therewith (your wife), and break not your oath.) Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would strike her with one hundred blows. When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, and hit her with it once.}}This verse was later used in hadith and [[Fiqh (Islamic Jurisprudence)]] to discuss alternatives to several hadd (corporal) punishments in the case of frail, vulnerable people. These discussions, however, did not very often touch on the propriety of rightness of wife beating; discussions on this topic tended to proceed from the discussions around 4:34.  
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).
#Lastly, the women who are pregnant - their prescribed ʿIddah is until they have given birth.


==Linguistic Analysis of Verse in Arabic==
==Linguistic Analysis of Verse in Arabic==
The operative clause in {{Quran|4|34}} reads:<br />{{Quote|{{Quran |4|34}}|ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ ۚ فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ ۚ وَٱلَّٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ


The Qur'an says in Arabic:
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com
|2= {{right|
واللائي لم يحضن فعدتهن ثلاثة أشهر
}}


"and those who never had menses" (because they are underage)}}
"And those whom you fear their disobedience, admonist them, seperate from them in the bedrooms, and beat them."}}
This is the three-part path of spousal discipline the Qur'an offers husband. Transliterated into Latin letters it reads:
{{Quote|{{Quran |4|34}}|r-rijālu qawwāmūna ʿalā n-nisāʾi bi-mā faḍḍala llāhu baʿḍahum ʿalā baʿḍin wa-bi-mā ʾanfaqū min ʾamwālihim fa-ṣ-ṣāliḥātu qānitātun ḥāfiẓātun li-l-ghaybi bi-mā ḥafiẓa llāhu wa-llātī takhāfūna nushūzahunna fa-ʿiẓūhunna wa-hjurūhunna fī l-maḍājiʿi wa-ḍribūhunna}}
The first piece reads: r-rijālu qawwāmūna ʿalā n-nisāʾi bi-mā faḍḍala llāhu baʿḍahum ʿalā baʿḍin wa-bi-mā ʾanfaqū min ʾamwālihim ʾ ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ which translates as "Men are in power/in charge of women by nature of what Allah has favored them one over the other and due to what they (the men) spend of their wealth."


The transliteration of the verse and the meaning of each portion of the verse is given below:
r-rijālu--The men


''واللائي لم يحضن" فعدتهن ثلاثة أشهر''
qawwāmūna--In charge of/in power over


''Wa L-Lāʾī Lam Yaḥiḍna''
ʿalā--on, here with qawwāmūna meaning "of" or "over"


''Wa'' ( <font size="4">وَ</font> ) = and
n-nisāʾ-- The women


''Al-Lāʾī'' ( <font size="4">وَاللَّائِي</font> ) = for those who
The next piece reads:  fa-ṣ-ṣāliḥātu qānitātun ḥāfiẓātun li-l-ghaybi bi-mā ḥafiẓa llāhu  فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ "And the righteous women, the obedient women, guard in hiddiness what Allah has guarded", usually meaning that they dress modestly. 


''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref>
fa-ṣ-ṣāliḥātu--the righteous/pure/religiously observant women


''Yaḥiḍna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate.
qānitātun--the obediant woment


''Yaḥiḍna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate".
ḥāfiẓātun--femine plural active particple of "guard" id est they are guarding or they guard 


The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref>
li-l-ghaybi--in unseenness/occlusion/secrecy


The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> )  (negation in future tense), ''lā'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. 
bi-mā ḥafiẓa--of what (Allah) guarded


Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the particle lam لم conveys a meaning of a simple, negated past.
llāhu-- Allah 


In the verse 65:4, '''''Lam'' ''Yaḥiḍna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. 
The final piece of the verse reads: wa-llātī takhāfūna nushūzahunna fa-ʿiẓūhunna wa-hjurūhunna fī l-maḍājiʿi wa-ḍribūhunna وَٱلَّٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ


The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" />
wa-llātī takhāfūna-- and those (feminine plural) whom you (masculine second person plural) fear


{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}}  
nushūzahunna-- their (feminine plural) insolence, disobedience, uprising, disloyalty; this word was key to understanding this verse, and the mufasirrun and jurists went to lengths to define this. For modern progressive Muslims the meaning of this word has also been important. As noted above, the meaning is unclear (see {{Quran|4|128}}, which gives instructions to women who fear nushūzan from their husbands).


Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':
fa-ʿiẓūhunna--(plural command form) scold them/admonish them (feminine plural them)  


{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل
wa-hjurūhunna fī l-maḍājiʿi--and sepereate from them (feminine plural them) in the bedrooms
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}


From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):
wa-ḍribūhunna--(plural command form) beat them (feminine plural them). In modern times some translators and progressive Muslims have made demonstrably false claims about the meaning of this word in this verse, translating it as things other than "beat them (the woman)"; see [[The Meaning of Daraba|The Meaning of Daraba.]] 
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.


hada vb. (1) impf. act. 65:4
==Asbab An-Nuzuul of the Verse==
The أسباب النزول or "reasons of revelation" are a genre of Islamic literature that deals with the contexts in which particular verses and groups of verses were "revealed" to the prophet. According to traditional reckoning, the verses of the Qur'an were not revealed chapter-by-chapter but rather piecemeal and then later arranged into the individual surahs of the Qur'an. As such individual verses or groups of verses have unique stories in the Islamic tradition associated with them, explaining their context.  


mahid n.m. 2:222<br />
The earliest book around Asbab An-Nuzuul is a book of the same name by Ali ibn Ahmad al-Wahidi (d. 1075 CE). He did not cover the majority of verses in the Qur'an but he did cover these verses. Al-Wahidi writes:
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}
{{Quote|[https://shamela.ws/book/11314/148#p1 The Causes of Revelation by Al-Wahidi ]|قَالَ مُقَاتِلٌ: نَزَلَتْ هَذِهِ الْآيَةُ فِي سَعْدِ بْنِ الرَّبِيعِ وَكَانَ مِنَ النُّقَبَاءِ، وَامْرَأَتِهِ حَبِيبَةَ بِنْتِ زَيْدِ بْنِ أَبِي زُهَيْرٍ، وَهُمَا مِنَ الْأَنْصَارِ، وَذَلِكَ أَنَّهَا نَشَزَتْ عَلَيْهِ فَلَطَمَهَا، فَانْطَلَقَ أَبُوهَا مَعَهَا إِلَى النَّبِيِّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ- فَقَالَ: أَفْرَشْتُهُ كَرِيمَتِي فَلَطَمَهَا. فَقَالَ النَّبِيُّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«لِتَقْتَصَّ مِنْ زَوْجِهَا»، وَانْصَرَفَتْ مَعَ أَبِيهَا لِتَقْتَصَّ مِنْهُ، فَقَالَ النَّبِيُّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«ارْجِعُوا، هَذَا جِبْرِيلُ عَلَيْهِ السَّلَامُ أَتَانِي»، وَأَنْزَلَ اللَّهُ تَعَالَى هَذِهِ الْآيَةَ، فَقَالَ رَسُولُ اللَّهِ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«أَرَدْنَا أَمْرًا وَأَرَادَ اللَّهُ أَمْرًا، وَالَّذِي أَرَادَ اللَّهُ خَيْرٌ»، وَرَفَعَ الْقِصَاصَ.


It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|Tafsirs]].


The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ  </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.
Muqaatil said "This verse came down in regards to Sa'd bin Rabi' and he was of the Nuqabaa', and his wife Habiba bint Zayd bin Abi Zuhayr, and the two of them were of the Ansar. What happened was that she was disobedient to him and he struck her, then her father set out with her to the prophet--peace and prayers of Allah be upon him--and he said "I gave my daughter to him and he hit her." The prophet--eace and prayers of Allah be upon him--said "let you take vengence from her husband." And she parted with her father to take vengence on him (by her father striking him), the The prophet--eace and prayers of Allah be upon him--said "return, Jibreel peace be upon him has brought me this" and then Allah the most High brought down this verse. Then the prophet--eace and prayers of Allah be upon him--said "We wanted one thing and Allah wanted (another) thing, and what Allah wants is good" and so ends the story.}}Al-Wahidi also gives a second version of the same story:{{Quote|[https://www.altafsir.com/AsbabAlnuzol.asp?SoraName&#61;4&Ayah&#61;34&search&#61;yes&img&#61;A The Causes of Revelation by Al-Wahidi]|حدَّثنا يونس عن الحسن:
أن رجلاً لطم امرأَته فخاصمته إلى النبي صلى الله عليه وسلم، فجاء معها أهلها فقالوا: يا رسول الله، إِن فلاناً لطم صاحبتنا. فجعل رسول الله يقول: القصاص القصاص. ولا يقضي قضاء، فنزلت هذه الآية: ﴿ٱلرِّجَالُ قَوَّامُونَ عَلَى ٱلنِّسَآءِ﴾ فقال النبي صلى الله عليه وسلم: أَردنا أَمراً وأَراد الله غيره.


This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.
Yunis told us through Al-Hasan: A man struck his wife, she took the case to the prophet of god peace and prayer of All be upon him, and her parents went with her and they said: "Oh Prophet of Allah, someone struck our daughter. This made the prophet of Allah say: reprisal is reprisal (meaning let the repirsal happen). And he hadn't rendered his judgement, when this verse came down "Men are in power over women....." And the messenger of Allah peace and prayers of Allah be upon him said "We wanted one thing and Allah wanted something else."
}}He also offers a seemingly abridged 3rd version of the story:{{Quote|[https://www.altafsir.com/AsbabAlnuzol.asp?SoraName&#61;4&Ayah&#61;34&search&#61;yes&img&#61;A The Causes of Revelation by Al-Wahidi]|  إسماعيل، عن الحسن، قال:
لما نزلت آية القصاص بين المسلمين لطم رجل امرأته، فانطلقت إلى النبي صلى الله عليه وسلم، فقالت: إن زوجي لطمني فالقصاص، قال: القصاص، فبينا هو كذلك أَنزل الله تعالى: ﴿ٱلرِّجَالُ قَوَّامُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ﴾ فقال النبي صلى الله عليه وسلم: أردنا أمراً فأبى الله تعالى [إلا غيرَه]. خذ أيها الرجل بيد امرأَتك.


The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.
Isma'il said through Al-Hasan: When the verse of retribution between Muslims was revealed a man struck his wife, then they set out to the prophet, peace and prayers of Allah be upon him, then she said: verily my husband struck me, what of the retribution? He said "Retribution is between us" then as he did Allah revealed the verse of "Men are in power over women in what Allah has favored them in over eachother (4:34)." The prophet of Allah peace and prayers of Allah be upon him said: "We wanted one thing and Allah refused it (in favor of something else). Oh Man, take the hand of your wife (and leave without retribution)."}}From all of these a general story can be extracted: a man hit his wife, there was a complaint against him in the community for this, and Muhammad ordered the punishment of the wife beater. The sources portray this desire of Muhammad to outlaw wife-beating as being opposed by the will of [[Allah (God)]]. Allah sends down this verse in response to these circumstances, showing that contra Muhammad it is the will of Allah specifically, as opposed to the will of the prophet, that men should beat their own wives if they are disobedient.  


==Tafsirs of the Verse==
==Tafsirs of the Verse==
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. 
===Modern Tafsirs===
The following commentaries show that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period.
The largest Quran publisher in the world, King Fahd Complex for the Printing of the Holy Quran, which is located in Saudi Arabia, published a Quran edition called “The easy interpretation” where every Quran page includes explanatory notes. This edition is authored by an elect of scholars. Here’s what this edition says about verse 65:4:
{{quote |1=[https://publications-img.qurancomplex.gov.sa/?p=139&mushaf_pageno=573&imagewidth=550 Al-Tafsīr Al-Muyassar, King Fahd Complex for the Printing of the Holy Quran, second edition, p.558]<BR>التفسير الميسر، مجمع الملك فهد لطباعة المصحف، تأليف نخبة من العلماء، الطبعة الثانية|2= {{right|والنساء المطلقات اللاتي انقطع عنهنَّ دم الحيض؛ لكبر سنهنَّ، إن شككتم فلم تدروا ما الحكم فيهنَّ؟ فعدَّتهنَّ ثلاثة أشهر، والصغيرات اللاتي ‌لم ‌يحضن، فعدتهن ثلاثة أشهر كذلك}}<BR>
As for divorced women who no longer menstruate due to old age, if you didn’t know what the ruling on them is, their ʿIddah is three months. As for the young ones who haven’t menstruated yet, their ʿIddah is three months too.}}
'''Abu Bakr Al-Jaza'iri (1921-2018)'''
{{quote |1=أيسر التفاسير لأبي بكر الجزائري ج5 ص377<BR>
Aysar Al-Tafāsīr by Abū Bakr Al-Jazāʾirī, Maktabat Al-ʿUlūm Wal Ḥikam, vol.5 p.377|2= {{right|واللائي ‌لم ‌يحضن أي لصغرهن كذلك، عدتهن ثلاثة أشهر.}}<BR>
The ʿiddah for those who haven’t menstruated, meaning for being young, is also three months.}}
'''Ibn 'Ashur (1879-1973)'''{{quote |1=التحرير والتنوير لابن عاشور، الدار التونسية للنشر<BR>
Al-Taḥrīr Wal-Tanwīr by Ibn ʿĀshūr, Al-Dār Al-Tūnisiyyah Lil-Nashr, Vol.28 p.315|2= {{right|عَطْفٌ عَلَى قَوْلِهِ: فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ [الطَّلَاق: 1] فَإِنَّ الْعِدَّةَ هُنَالِكَ أُرِيدَ بِهَا الْأَقْرَاءُ فَأَشْعَرَ ذَلِكَ أَنَّ تِلْكَ الْمُعْتَدَّةَ مِمَّنْ لَهَا أَقْرَاءٌ، فَبَقِيَ بَيَانُ اعْتِدَادِ الْمَرْأَةِ الَّتِي تَجَاوَزَتْ سِنَّ الْمَحِيضِ أَوِ الَّتِي لَمْ تَبْلُغْ سِنَّ مَنْ تَحِيضُ وَهِيَ الصَّغِيرَةُ.}}<BR>
After verse no.1 explained the ʿiddah for women who menstruate, another thing remains to be explained which is the ʿiddah for women who have passed the menstruation age or the ones who haven’t reached the menstruation age who are the young.}}
====Abul A'la Al-Maududi (1903-1979)====
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, '''making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her.''' Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.}}
Note here what Al-Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.
'''Al-Sa'di (d.1956)'''
{{quote |1=تفسير السعدي، ص807، مؤسسة الرسالة<BR>
Taysīr Al-Karīm Al-Mannān by Al-Saʿdī, Muʾassasat Al-Risālah, p.807|2= {{right|وَاللائِي ‌لَمْ ‌يَحِضْنَ، أي: الصغار، اللائي لم يأتهن الحيض بعد}}<BR>
Those who haven’t menstruated, meaning: The young who haven’t menstruated yet.}}
<br />
===Classical Tafsirs===
===Classical Tafsirs===
The traditional understanding of this verse reaches far back into Islamic history. Almost all of the classical commentators have dealt with this verse, and they are near-unanimous in declaring that it refers to the divorce, and therefore the marriage, of pre-pubescent girls.  
====Tabari (839-923)====
{{Quote|Tafsir of Tabari on Qur'an 4:34|(القول في تأويل قوله: ﴿وَاضْرِبُوهُنَّ
قال أبو جعفر: يعني بذلك جل ثناؤه: فعظوهن، أيها الرجال، في نشوزهن، فإن أبينَ الإياب إلى ما يلزمهن لكم، فشدّوهن وثاقًا في منازلهن، واضربوهن ليؤبن إلى الواجب عليهن من طاعته الله في اللازم لهنّ من حقوقكم.
* * *
وقال أهل التأويل: صفة الضرب التي أباح الله لزوج الناشز أن يضربها: الضربُ غيرُ المبرِّح.
* ذكر من قال ذلك:
٩٣٧٨ - حدثنا ابن حميد قال، حدثنا حكام، عن عمرو، عن عطاء، عن سعيد بن جبير:"واضربوهن"، قال: ضربًا غير مبرح.
٩٣٧٩ - حدثنا ابن حميد قال، حدثنا يحيى بن واضح قال، أخبرنا أبو حمزة، عن عطاء بن السائب، عن سعيد بن جبير مثله.


====Ibn Kathir (d.1373 AD), whose interpretation of the Quran is the most popular in the Muslim world, says:====


{{quote |1=Tafsir Ibn Kathir, Dar Taybah, vol.8 p.149 |2= يَقُولُ تَعَالَى مُبَيِّنًا لِعِدَّةِ الْآيِسَةِ -وَهِيَ الَّتِي قَدِ انْقَطَعَ عَنْهَا الْحَيْضُ لِكِبَرِهَا-: أَنَّهَا ثَلَاثَةُ أَشْهُرٍ، عِوَضًا عَنِ الثَّلَاثَةِ قُرُوءٍ فِي حَقِّ مَنْ تَحِيضُ، كَمَا دَلَّتْ عَلَى ذَلِكَ آيَةُ "الْبَقَرَةِ" وَكَذَا الصِّغَارُ اللَّائِي لَمْ يَبْلُغْنَ سِنَّ الْحَيْضِ أَنَّ عِدَّتَهُنَّ كَعِدَّةِ الْآيِسَةِ ثَلَاثَةُ أَشْهُرٍ؛ وَلِهَذَا قَالَ: {وَاللائِي ‌لَمْ ‌يَحِضْنَ}
As for the saying: "strike them (feminine them):"
Abu Ja'afar said: The most high be praised means here: "Oh men, in their (feminine) disobedience, they refused to return what they are obgligated to you, so chain them in their (feminine) houses, and strike them that they might return to their duties from an obedience to Allah in what is necessary to them regarging your rights upon them.


The people of interpretation have said: "The description of the strike which Allah has allowed to the husband upon a disobedient (wife) is to strike her: the non-intense, measured strike (darb ghayr mubarrih)."


The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] '''The same for the young, who have not reached the years of menstruation.''' Their `Iddah is three months like those in menopause. This is the meaning of His saying.}}
It was mentioned:


Ibn Hamid told use that Hakaam said from Umar from 'Ata' from Sa'id bin Jubayr: "Strike them (feminine them)." He said " a non-intense, measured strike (darb ghayr mubarrih)."


Ibn Hamid said, he was told be Yahya bin Wadih who said we have been told by Abu Hamzah from 'Ata' bin Sa'ib from Sa'id bin Jubayr like him.


'''Al-Tabari (d.923 AD), whose interpretation is the earliest comprehensive interpretation of the Quran, says:'''{{Quote|[https://al-maktaba.org/book/43/13681 The interpretation of Al-Tabari, mu'assasat Al-Risalah, vol.23 p.452]|{{right| (وَاللائِي ‌لَمْ ‌يَحِضْنَ) يقول: وكذلك عدد اللائي ‌لم ‌يحضن من الجواري لصغر إذا طلقهنّ أزواجهنّ بعد الدخول
}}


"And for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.}}
}}After the above quoted portion Tabari goes on to site multiple additional chains of narration, all attesting to the fact that disobedient women should be struck and reiterating that this strike should be "ghayr mubarrih" غير مبرح that is to say "measured, non-intense, light."


==== Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs ====
{{Quote|[https://quranx.com/Tafsir/Abbas/4.34 Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs on Verse 4:34]|(Men are in charge of women) they are in charge of overseeing the proper conduct of women, (because Allah hath made the one of them) the men through reason and the division of booty and estates (to excel the other) the women, (and because they spend of their property (for the support of women)) through paying the dowry and spending on them, which the women are not required to do. (So good women) He says: those wives who are kind to their husbands (are the obedient) they are obedient to Allah regarding their husbands, (guarding) their own persons and the wealth of their husbands (in secret) when their husbands are not present (that which Allah hath guarded) through Allah's protection of them in that He gave them the success to do so. (As for those from whom ye fear) know (rebellion) their disobedience to you in bed, (admonish them) by means of sacred knowledge and the Qur'an (and banish them to beds apart) turn your faces away from them in bed, (and scourge them) in a mild, unexaggerated manner. (Then if they obey you) in bed, (seek not a way against them) as regards love. (Lo! Allah is ever High Exalted) above every single thing, (Great) greater than every single thing. Allah has not burdened you with that which you cannot bear, so do not burden women with that which they cannot bear of affection.}}


==== Al-Qushayri (d. 1072 CE) ====
{{Quote|[https://quranx.com/Tafsir/Qushairi/4.34 Al-Qushayri on verse 4:34]|Men are in charge of women because of that with which God has preferred the one over the other and because of what they expend of their property. Therefore righteous women are obedient guarding in the unseen because of what God has guarded. And those you fear may be rebellious admonish them and share not beds with them and strike them. If they then obey you do not seek a way against them. God is ever High Great. He distinguished men by their strength and then increased their burden for the burden is in accordance with [one's] strength. The lesson is to be taken through hearts and aspirations not through the lower selves and bodies. And those you fear may be rebellious admonish them and share not beds with them and strike them: that is increase your correction of them gradually and with kindness for if the matter can be reconciled with admonition there is no need to use the rod to strike. The verse contains the good manners ādāb of spousal companionship. Then He said “If they then obey you do not seek a way against them.” [This] means if she stops acting in a way that is injurious to the relationship and returns to obedience do not seek revenge on her for what has happened in the past. Do not withhold your acceptance of her excuse and do not be unyielding toward her. It is said do not seek a way against them in going beyond the measure of what you deem necessary out of spite.}}


'''Tafsir Ibn Abbas. Which is a collection of the Quranic interpretation reports coming from Ibn Abbas, Muhammad's cousin.'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2]<BR>Tafsir Ibn Abbas|2= (And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! '''"What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months."''' Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well.}}<br />'''Al-Jalalayn by Al-Mahalli (d.1459 AD) & Al-Suyuti (d.1505 AD)'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] '''those who have not yet menstruated, because of their young age, their period shall [also] be three months''' - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.}}
==== Asbab Al-Nuzul by Al-Wahidi (d. 1075 CE) ====
{{Quote|[https://quranx.com/Tafsir/Wahidi/4.34 Asbab Al-Nuzul by Al-Wahidi (Revelational Circumstance's of verse 4:34)]|(Men are in charge of women…) [4:34]. Said Muqatil: “This verse (Men are in charge of women…) was revealed about Sa‘d ibn al-Rabi‘, who was one of the leaders of the Helpers (nuqaba’), and his wife Habibah bint Zayd ibn Abi Zuhayr, both of whom from the Helpers. It happened Sa‘d hit his wife on the face because she rebelled against him. Then her father went with her to see the Prophet, Allah bless him and give him peace. He said to him: ‘I gave him my daughter in marriage and he slapped her’. The Prophet, Allah bless him and give him peace, said: ‘Let her have retaliation against her husband’. As she was leaving with her father to execute retaliation, the Prophet, Allah bless him and give him peace, called them and said: ‘Come back; Gabriel has come to me’, and Allah, exalted is He, revealed this verse. The Messenger of Allah, Allah bless him and give him peace, said: ‘We wanted something while Allah wanted something else, and that which Allah wants is good’. Retaliation was then suspended”. Sa‘id ibn Muhammad ibn Ahmad al-Zahid informed us> Zahir ibn Ahmad> Ahmad ibn al-Husayn ibn Junayd> Ziyad ibn Ayyub> Hushaym> Yunus ibn al-Hasan who reported that a man slapped his wife and she complained about him to the Prophet, Allah bless him and give him peace. Her family who went with her said: “O Messenger of Allah! So-and-so has slapped our girl”. The Prophet, Allah bless him and give him peace, kept saying: “Retaliation! Retaliation! And there is no other judgement to be held”. But then this verse (Men are in charge of women…) was revealed and the Prophet, Allah bless him and give him peace, said: “We wanted something and Allah wanted something else”. Abu Bakr al-Harithi informed us> Abu’l-Shaykh al-Hafiz> Abu Yahya al-Razi> Sahl al-‘Askari> ‘Ali ibn Hashim> Isma‘il> al-Hasan who said: “Around the time when the verse on retaliation was revealed amongst the Muslims, a man had slapped his wife. She went to the Prophet, Allah bless him and give him peace and said: ‘My husband has slapped me and I want retaliation’. So he said: ‘Let there be retaliation’. As he was still dealing with her, Allah, exalted is He, revealed (Men are in charge of women, because Allah hath made the one of them to excel the other…). Upon which the Prophet, Allah bless him and give him peace, said: ‘We wanted something and my Lord wanted something different. O man, take your wife by the hand’ ”.}}


====Al-Wahidi (d.1076 ِAD)====
====Fakhr ad-Din ar-Razi(1150 – 1209)====
{{Quote|Tafsir of Fakhr ad-Din ar-Razi on Qur'an 4:34|ثُمَّ قالَ تَعالى: ﴿فَعِظُوهُنَّ واهْجُرُوهُنَّ في المَضاجِعِ واضْرِبُوهُنَّ﴾ وفِيهِ مَسائِلُ:
المَسْألَةُ الأُولى: قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: أمّا الوَعْظُ فَإنَّهُ يَقُولُ لَها: اتَّقِي اللَّهَ، فَإنَّ لِي عَلَيْكِ حَقًّا وارْجِعِي عَمّا أنْتِ عَلَيْهِ، واعْلَمِي أنَّ طاعَتِي فَرْضٌ عَلَيْكِ. ونَحْوُ هَذا، ولا يَضْرِبُها في هَذِهِ الحالَةِ؛ لِجَوازِ أنْ يَكُونَ لَها في ذَلِكَ كِفايَةٌ، فَإنْ أصَرَّتْ عَلى ذَلِكَ النُّشُوزِ، فَعِنْدَ ذَلِكَ يَهْجُرُها في المَضْجَعِ وفي ضِمْنِهِ امْتِناعُهُ مِن كَلامِها، وقالَ الشّافِعِيُّ - رَضِيَ اللَّهُ تَعالى عَنْهُ -: ولا يَزِيدُ في هَجْرِهِ الكَلامَ ثَلاثًا، وأيْضًا فَإذا هَجَرَها في المَضْجَعِ فَإنْ كانَتْ تُحِبُّ الزَّوْجَ شَقَّ عَلَيْها، فَتَتْرُكُ النُّشُوزَ، وإنْ كانَتْ تُبْغِضُهُ وافَقَها ذَلِكَ الهِجْرانُ، فَكانَ ذَلِكَ دَلِيلًا عَلى كَمالِ نُشُوزِها، وفِيهِمْ مَن حَمَلَ ذَلِكَ عَلى الهِجْرانِ في المُباشَرَةِ؛ لِأنَّ إضافَةَ ذَلِكَ إلى المَضاجِعِ يُفِيدُ ذَلِكَ، ثُمَّ عِنْدَ هَذِهِ الهِجْرَةِ إنْ بَقِيَتْ عَلى النُّشُوزِ ضَرَبَها. قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: والضَّرْبُ مُباحٌ، وتَرْكُهُ أفْضَلُ. «رُوِيَ عَنْ عُمَرَ بْنِ الخَطّابِ - رَضِيَ اللَّهُ عَنْهُ - أنَّهُ قالَ: كُنّا مَعاشِرَ قُرَيْشٍ تَمْلِكُ رِجالُنا نِساءَهم، فَقَدِمْنا المَدِينَةَ فَوَجَدْنا نِساءَهم تَمْلِكُ رِجالَهم، فاخْتَلَطَتْ نِساؤُنا فَذَئِرْنَ عَلى أزْواجِهِنَّ، أيْ نَشَزْنَ واجْتَرَأْنَ، فَأتَيْتُ النَّبِيَّ ﷺ فَقَلْتُ لَهُ: ذَئِرَتِ النِّساءُ عَلى أزْواجِهِنَّ، فَأذِنَ في ضَرْبِهِنَّ، فَطافَ بِحُجَرِ نِساءِ النَّبِيِّ ﷺ جَمْعٌ مِنَ النِّسْوانِ كُلُّهُنَّ يَشْكُونَ أزْواجَهُنَّ، فَقالَ ﷺ: ”لَقَدْ أطافَ اللَّيْلَةَ بِآلِ مُحَمَّدٍ سَبْعُونَ امْرَأةً كُلُّهُنَّ يَشْكُونَ أزْواجَهُنَّ، ولا تَجِدُونَ أُولَئِكَ خِيارَكم» “ ومَعْناهُ أنَّ الَّذِينَ ضَرَبُوا أزْواجَهم لَيْسُوا خَيْرًا مِمَّنْ لَمْ يَضْرِبُوا. قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: فَدَلَّ هَذا الحَدِيثُ عَلى أنَّ الأوْلى تَرْكُ الضَّرْبِ، فَأمّا إذا ضَرَبَها وجَبَ في ذَلِكَ الضَّرْبِ أنْ يَكُونَ بِحَيْثُ لا يَكُونُ مُفْضِيًا إلى الهَلاكِ البَتَّةَ، بِأنْ يَكُونَ مُفَرَّقًا عَلى بَدَنِها، ولا يُوالِي بِهِ في مَوْضِعٍ واحِدٍ، ويَتَّقِي الوَجْهَ؛ لِأنَّهُ مَجْمَعُ المَحاسِنِ، وأنْ يَكُونَ دُونَ الأرْبَعِينَ. ومِن أصْحابِنا مَن قالَ: لا يَبْلُغُ بِهِ عِشْرِينَ؛ لِأنَّهُ حَدٌّ كامِلٌ في حَقِّ العَبْدِ، ومِنهم مَن قالَ: يَنْبَغِي أنْ يَكُونَ الضَّرْبُ بِمِندِيلٍ مَلْفُوفٍ أوْ بِيَدِهِ، ولا يَضْرِبُها بِالسِّياطِ ولا بِالعَصا، وبِالجُمْلَةِ فالتَّخْفِيفُ مُراعى في هَذا البابِ عَلى أبْلَغِ الوُجُوهِ.
وأقُولُ: الَّذِي يَدُلُّ عَلَيْهِ أنَّهُ تَعالى ابْتَدَأ بِالوَعْظِ، ثُمَّ تَرَقّى مِنهُ إلى الهِجْرانِ في المَضاجِعِ، ثُمَّ تَرَقّى مِنهُ إلى الضَّرْبِ، وذَلِكَ تَنْبِيهٌ يَجْرِي مَجْرى التَّصْرِيحِ في أنَّهُ مَهْما حَصَلَ الغَرَضُ بِالطَّرِيقِ الأخَفِّ وجَبَ الِاكْتِفاءُ بِهِ، ولَمْ يَجُزِ الإقْدامُ عَلى الطَّرِيقِ الأشَقِّ، واللَّهُ أعْلَمُ.


{{quote |1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=86&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}
Then the most high (Allah) said: “admonish them (the women) and expel them from the bedrooms and beat them” and these are the relevant issues for this verse:
 
The first issue: Shafi’i, may Allah be pleased with him, said: as for admonishment this is what’s said of it:(to the wife) trust Allah, for I have right over you, and return to your business, and know that obeying me is a duty for you. And as for this, he (the husband) doesn’t hit her in this case; it is permissible that this be enough for her. Yet if she continues to insist on her disobedience, at that time expel her from the bedroom, and this could include refusing to speak to her. Shafi’i, may Allah be pleased with him, said: “expelling her from the bedroom should not happen more than three times, for if she is expelled from the bedroom and she loves him it will be hard on her and she will leave her disobedience, and if she hates him and is fine with her removal from the bedroom, then this is total proof of her disobedience.” And amongst them (the scholars) are those who who see the change in her attitude happening with only the first time; because the addition of that (not talking) to expelling her from the bedroom aids that (getting her not to be disobedient). Thus after this expelling from the bedroom if she remains disobedient beat her. Shafi’i, may Allah be pleased with him, said “Beating is allowed, but leaving/avoiding it is better.” (Citing a hadith) “It was reported by ‘Umar bin Al-Khatab, may Allah be pleased with him, said that when we were in the society of the Quraysh they used to rule their women, but when we came to Medina the women were ruling their men, then on account of this our women got confused and got angry at their husbands, ie they got uppity and rebellious. So I came to the prophet, peace and prayers of Allah be upon him, and I said to him ‘the women have risen up against their men’ and so he gave permission to beat them. Later, a gathering of the women came and loitered about the quarters of the wives of the prophet, complaining of their husbands. Then later the prophet, peace and prayers of Allah be upon him, said ’70 women spent the night at the house of Muhammad complaining of their husbands, and you will not find amongst them best of men.’ And its meaning is that those men that beat their wives are not better than those who do not beat their wives. And this hadith points to the idea that the first choice, if possible, must be to leave beating of the wife. However, if it proves necessary to beat the wife, it must not be conducive to causing no grievous damage to her or destroying her. This means this it should be spread over different parts of the body, not all concentrated in one place, and the face should be protected, and out of good conduct it should consist of less than forty (blows). And amongst our companions some have said: “It ought not to reach 20 (blows)” because that is the limit for slaves. And others have said “the blow should be with a wrapped handkerchief or a hand, and not with a whip or stick.” And in general the aforementioned sentence takes reduction into account in the most eloquent fashion.  
====Al-Zamakhshari (d.1143 ِAD)====
And I say: That which shows that the most high (Allah) began with admonishment, then moved to expelling from the bedroom, then to beating, this is a clear warning that paints a clear path that showing that whatever happens, the goal is to set foot upon the lighter path and it is a necessity to follow this path, and it’s not permitted to step upon the harsher path. And Allah knows best.  
 
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى  إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}
 
It is said that people said: we have known the waiting period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that (quoting the Qur'an) "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", '''these are the small female children.''' }}
 
'''<small><br />Tabrasi (d.1153 ِِِAD), a Shia scholar.</small>'''
 
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}
 
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, '''these are those women who have not yet reached the age of menstruation and those like them whose menstruation escapes observation.''' }}
 
<br />
 
===<small>Al-Shawkani (d.1839 AD)</small>===
 
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}
 
'''Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty)''', i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 months and [the same is the case for] those who have not menstruated yet"). }}
 
<br />
 
===<small>Abu Hayyan (d.1344 AD)</small>===
 
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br>
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله:  واللائي { '''لم يحضن''' } يشمل من لم يحض لصغر، }}
 
"And those who have not yet menstruated" As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted" there are two sayings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is 'those who have certainly reached to the point of despair [menopause].' The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or if you doubted: i.e. if you don't know of their waiting period. And this much is clear: Those "who have not yet menstruated" '''includes those who have not menstruated due to their young age.''' }}
 
<br />
 
==Evidence from the Hadith==
 
This interpretation is widespread amongst the mufassirun for good reason. All of the most authoritative collections of Sunni hadith all support this interpretation.  
 
From Imam Bukhari in his book of Tafsir and hadith collections:
 
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''The Tafsir of Surat Al-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'iddah is three months'''.}}
 
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).'''
 
By virtue of the Statement of Allah : "...and for those who have no (monthly)
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is
three months (in the above Verse).  
 
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e. till his death).}}
 
From Sahih Muslim:
 
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}
 
 
Muṣannaf of Abdul Razzaq (126-211 AH), one of earliest collections of Hadith, mentions a report where companions of Muhammad reference verse 65:4 while answering a legal question about a divorced woman. They said:
 
{{quote|Muṣannaf of Abdul Razzāq Al-Ṣanʿānī, Al-Maktab Al-Islāmī, Hadith no.11100, vol.6 p. 340|{{right|فَذَكَرَ شَأْنَ امْرَأَتِهِ وَعِنْدَهُ عَلِيُّ بْنُ أَبِي طَالِبٍ، وَزَيْدُ بْنُ ثَابِتٍ، فَقَالَ لَهُمَا عُثْمَانُ: مَا تَرَيَانِ؟ قَالَا: «نَرَى أَنَّهَا تَرِثُهُ إِنْ مَاتْ، وَأَنَّهُ يَرِثُهَا إِنْ مَاتَتْ، فَإِنَّهَا لَيْسَتْ مِنَ الْقَوَاعِدِ اللَّاتِي يَئِسْنَ مِنَ الْمَحِيضِ، وَلَيْسَتْ مِنَ الْأَبْكَارِ اللَّائِي لَمْ يَحِضْنَ}}<BR>
 
He mentioned the case of his wife while Ali ibn Abi Talib and Zayid bin Thabit were present, so 'Uthman said to the two of them: "What do you think?" The two of them said "We consider she will inherit from him if he dies, and he will inherit from her if she dies, for she’s not among the elderly women who no longer expect menstruation, and she’s not among the virgins who haven’t menstruated.}}
 
 
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:
 
{{quote|{{Muwatta|29|33|108|}}|
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."
 
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''
 
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''
 
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}
 
The following is from Fath al-Bari, one of the most authoritative commentaries on Sahih Al-Bukhari:
 
{{Quote|1=|2= {{right|
(واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ )
 
‏ ‏أي فدل على أن نكاحها قبل البلوغ جائز
}}
}}


"and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}
====ibn Kathir (1300-1373)====
 
{{Quote|[https://quranx.com/Tafsir/Kathir/4.34 Tafsir of ibn Kathir on Qur'an 4:34]|وَاضْرِبُوهُنَّ
==Recent Fatwas==
(beat them) means, if advice and ignoring her in the bed do not produce the desired results, you are allowed to discipline the wife, without severe beating. Muslim recorded that Jabir said that during the Farewell Hajj, the Prophet said;
 
«وَاتَّقُوا اللهَ فِي النِّسَاءِ، فَإِنَّهُنَّ عِنْدَكُمْ عَوَانٍ، وَلَكُمْ عَلَيْهِنَّ أَنْ لَا يُوطِئْنَ فُرُشَكُمْ أَحَدًا تَكْرَهُونَهُ،فَإِنْ فَعَلْنَ ذَلِكَ فَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِحٍ، وَلَهُنَّ عَلَيْكُمْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوف»
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.
(Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat. However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner.) Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe.
 
When the Wife Obeys Her Husband, Means of Annoyance Against Her are Prohibited
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=The Noble Qur'an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: "And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated" [Qur'an 65:4]. Since this is not negated later, '''we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl'''. The Qur'an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. '''It is true that the prophet (PBUH) entered into a marriage contract with A'isha when she was six years old, however he did not have sex with her until she was nine years old''', according to al-Bukhari.}}
 
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them.
 
Moreover, the interest of Shariah proves it. So the claim that this was abrogated is not correct. And the Hadith did not include that meaning; it just states that a virgin woman is not to be married until consulted.
 
The evidence from the Qur'an is:  
 
1. The saying of Allah: "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]". (At-Talaq 65:4)
 
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.
 
The Iddah (waiting period) does not take place except after marriage.}}
 
 
 
'''Shaykh Muhammad Bin ʿUthaymīn (d.2001)'''{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4:
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allah says (interpretation of the meaning): “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; '''and for those who have no courses (i.e. they are still immature)''' their ‘Iddah (prescribed period) is three months likewise.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}
 
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==
 
===The Qur'an prohibits marriage to pre-pubescent females===
 
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:
 
{{quote|{{Qtt|4|6}}|
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا
}}
 
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban
 
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account.
 
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.
 
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}
 
The word [[Nikah]] can have multiple understandings:
 
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"
 
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property.
 
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). Islamqa.com, one of the largest Fatwa sites on the internet, refutes apologists’ claims on the verse:
 
{{quote|https://islamqa.info/ar/answers/256830/ليس-للنكاح-سن-معين-وبيان-المراد-بقوله-تعالى-حتى-اذا-بلغوا-النكاح|This verse explains that an orphan’s money is given to him/her after they reach puberty and attain sound judgement. What’s meant by sound judgment is sound management of money. This can only happen after puberty.
 
“Reaching Nikah” mentioned in the verse means reaching puberty which can be known through sings such as menstruation for females and the growth of pubic hair. The verse used the expression “reaching Nikah” to actually mean “reaching puberty” because in most cases, it’s adults who perform Nikah. But this doesn’t mean that it’s not possible for non-adults to perform Nikah, which is permissible as proven by the Quran, Sunnah and the consensus of scholars. Plus, the same Surah and the same context of verses proves it (the permissibility of child marriage). (The verse that speaks about giving an orphan his money when he/she reaches Nikah is verse no.6) Verse no.3 says: “And if you fear that you shall not be able to deal justly with the orphangirls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. ”.
 
This verse proves it’s allowed to marry an orphan. And an orphan cannot be an adult. It’s reported in Sahih Bukhari Hadith no. 2494:
“Narrated Urwah that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) “
 
https://sunnah.com/bukhari:6965
 
Ibn Hajar (d.1449 AD) commented on this Hadith saying: “This shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.”
}}
 
 
Hadiths also refute the claim that the age of marriage is linked to reaching sound judgment. At the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:
 
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:
 
I used to play with the dolls in the presence of the Prophet, and my girl friends also used to play with me. When Allah's Messenger (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}
 
According to Islamic Sharia:
 
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.
 
It is evident from the following hadith:
 
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:
 
that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}
 
And it is also evident from the following Quranic Verse:
 
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}
 
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price.
 
The Tafsir's agree with this understanding of 4:6:
 
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=
'''Giving Back the Property of the Orphans When They Reach Adulthood'''
 
Allah said,
Allah said,
{{right|
فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلاً
[وَابْتَلُواْ الْيَتَـمَى]
(but if they return to obedience, seek not against them means (of annoyance),) meaning, when the wife obeys her husband in all that Allah has allowed, then no means of annoyance from the husband are allowed against his wife. Therefore, in this case, the husband does not have the right to beat her or shun her bed. Allah's statement,
}}
إِنَّ اللَّهَ كَانَ عَلِيّاً كَبِيراً
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.
(Surely, Allah is Ever Most High, Most Great.) reminds men that if they transgress against their wives without justification, then Allah, the Ever Most High, Most Great, is their Protector, and He will exert revenge on those who transgress against their wives and deal with them unjustly.}}
{{right|
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]
}}
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,
{{right|
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»
}}
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,
{{right|
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»
}}
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,
{{right|
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]
}}
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}


{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=
====Al-Jalalayn (the two Jalals) (1389–1460 & 1445–1505)====
{{right|
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
}}
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}


{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=
{{Quote|[https://quranx.com/Tafsir/Jalal/4.34 Tafsir of Al-Jalalayn (the two Jalals, 1389–1460 and 1445–1505) on Qur'an 4:34]| Men are in charge of, they have authority over, women, disciplining them and keeping them in check, because of that with which God has preferred the one over the other, that is, because God has given them the advantage over women, in knowledge, reason, authority and otherwise, and because of what they expend, on them [the women], of their property. Therefore righteous women, among them, are obedient, to their husbands, guarding in the unseen, that is, [guarding] their private parts and otherwise during their spouses’ absence, because of what God has guarded, for them, when He enjoined their male spouses to look after them well. And those you fear may be rebellious, disobedient to you, when such signs appear, admonish them, make them fear God, and share not beds with them, retire to other beds if they manifest such disobedience, and strike them, but not violently, if they refuse to desist [from their rebellion] after leaving them [in separate beds]. If they then obey you, in what is desired from them, do not seek a way against them, a reason to strike them unjustly. God is ever High, Great, so beware of Him, lest He punish you for treating them unjustly.}}
{{right|
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
}}
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}


{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=
====Al-Qurtubi (1214-1272)====
{{right|
{{Quote|Tafsir of Al-Qurtubi on Qur'an 4:34|Men are the maintainers of women because Allah has made some of them to excel others
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
}}
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}


===The Arabic word “Nisaa'” does not refer to young females===
They provide for them, and from men come out rulers; princes & warriors, whereas this is not found among women.


Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women."  Here are some verses that use the word ''"nisaa'"'':
This verse was revealed because Sa’ad ibn Al Rabee’a slapped his wife Habibah bint Zaid after she deserted him. After which, her father said: O’ Messenger of Allah, I gave him my daughter (as a bed spread for him) but he slapped her. Then the messenger said: let us judge her husband. So she left with her father seeking judgment. But then the messenger said: come back, this is the angel Gabriel has come down to me. Then Allah revealed: (we willed something but Allah willed another). And in another story: (I willed something, but Allah willed something better).


{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ
It was told that due to this incident, Sura 20:114 "…and do not make haste with the Quran before its revelation is made complete to you…" Was revealed.


'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR>
Abu Raouq said: this verse was revealed because of Jamilah bint Obey and her husband Thabit bin Qais. Al Kalby said: it was revealed because of Omayrah bint Muhammad bin Muslamah and her husband Sa’ad bin Al Rabee’a…Allah has revealed that the reason why men are excelled over women because men are the providers, and hence women will benefit from that. It is also said: men are excelled over women because they have more brain ability…


'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}
and (as to) those on whose part you fear desertion


{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ
If the wife hates and desert her husband


'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisaa''''ahum wainna fawqahum qahiroona'' <BR><BR>
Admonish them


'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}
By using Allah’s scripture. It means to remind them of their duties, toward their husbands, which were ordained to them by Allah. The prophet of Allah (saw) said: (if I was to order someone to prostrate to another person, I would have ordered the wife to prostrate to her husband)


{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ
and leave them alone in the sleeping-places


'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR>
Ibn Masud said: it is the intercourse. As said Ibn Abbas and others.


'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}
I (Al Qurtubi) said, it is a good thing; since if she loves her husband then this abandonment will be hard on her. But if she despises him, then her disobedient attitude towards him will become the more clearer.


{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ
Ibn Abbas said: to leave them alone is to tie them up in their homes just as you would tie your ride. And this is Al Tabari’s own view on this. However, Judge Abu Bakr bin Al Araby renounced Al Tabari’s interpretation on the ground of tying the wife, as he believe that Al Tabari based his view on a strange hadith regarding Asma’ the daughter of Abu Bakr who was married to Al Zubair bin Al Awaam. She used to leave her home often until people began to gossip and fault her husband for that, As a result, Al Zubair blamed his second wife for this and tied Asma’s hair and the hair of his second wife together, then he beat both of them up very severely.


'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR>
This abandonment is believed by many scholars to be around a period of one month.


'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}
and beat them


{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ
Allah ordered that men begin by admonishing their wives as a first step, then abandonment, then beating if they refused to repent. This is because men are responsible to straighten their wives up. The beating mentioned in this verse has to do with the kind that is not severe and used for discipline. The kind that does not break the bone. However, it is not a crime if it leads to death. In the same manner a disciplinary will beat his son or student to teach him the Quran and manners.


'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisaa''''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR>
In a hadith in Sahih Muslim the Prophet said: (fear Allah with your wives. You were given them by Allah’s provision, and you were entrusted with their private parts by Allah’s word. You have the right that they do not allow anyone you dislike into your bed, but if they do, then beat them but not severely) the hadith. It was narrated on the authority of Jabir Al Taweel during Hajj. This means that they should not allow anyone into your home that you dislike whether relatives or foreign women.


'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}
<nowiki>Al Tirmithi reported that Amro bin Al Ahwas had attended the Farewell Hajj and heard the messenger of Allah say: "Lo! My last recommendation to you is that you should TREAT WOMEN WELL. Truly they are your helpmates, and you have no right over them beyond that - EXCEPT IF THEY COMMIT A MANIFEST INDECENCY (fahisha mubina = adultery). If they do, then refuse to share their beds and beat them WITHOUT INDECENT VIOLENCE (fadribuhunna darban ghayra mubarrih*). Then, if they obey you, do not show them hostility any longer. Lo! you have a right over your women and they have a right over you. Your right over your women is that they not allow whom you hate to enter your bed nor your house. While their right over them is that you treat them excellently in their garb and provision."</nowiki>


In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case,
Atta asked Ibn Abbas: what is the non severer beating. Ibn Abbas answered: using a small stick or the like.


{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=
It was reported also that Omar beat his wife and said, I heard the messenger of Allah say: (No man should be asked why he beat his wife).


וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:
You need to know that Allah did not allow for beating in his book except in this situation and when the major sins have been committed. Therefore, Allah has made the disobedient of wives equivalent to the commitment of major sins.


And Allah granted this privilege to the husbands over the Islamic authorities (Rulers), and allowed it for them without the need for a judge or witnesses or evidences. They were allowed this because they were entrusted by Allah to handle to take care of their wives.


''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}
Al Muhallab said: the permission was given to beat the wives when they refuse to sleep with their husbands. By comparison, if she refuses to serve him too then he is permitted to beat her too.


{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=
Her disobedient and refusal to sleep with her husband is a ground for the husband to deny her her allowance and all of her spousal rights, along with that, the husband is allowed to admonish her; refuse to sleep with her; and to beat her. But if she repented, then all of her rights will be reinstituted. The prophet (saw) said: (Allah’s mercy is on the man who hang his beating lash (stick) and disciplined his wife).}}
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:


===Modern Tafsirs===
====As-Sa'di (1889-1956)====
{{Quote|Tafsir of As-Sa'di on Qur'an 4:34|يخبر تعالى أن الرِّجَال قَوَّامُونَ عَلَى النِّسَاءِ أي: قوامون عليهن بإلزامهن بحقوق الله تعالى، من المحافظة على فرائضه وكفهن عن المفاسد، والرجال عليهم أن يلزموهن بذلك، وقوامون عليهن أيضا بالإنفاق عليهن، والكسوة والمسكن، ثم ذكر السبب الموجب لقيام الرجال على النساء فقال: بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ أي: بسبب فضل الرجال على النساء وإفضالهم عليهن، فتفضيل الرجال على النساء من وجوه متعددة: من كون الولايات مختصة بالرجال، والنبوة، والرسالة، واختصاصهم بكثير من العبادات كالجهاد والأعياد والجمع.
وبما خصهم الله به من العقل والرزانة والصبر والجلد الذي ليس للنساء مثله.
وكذلك خصهم بالنفقات على الزوجات بل وكثير من النفقات يختص بها الرجال ويتميزون عن النساء.
ولعل هذا سر قوله: وَبِمَا أَنْفَقُوا وحذف المفعول ليدل على عموم النفقة.
فعلم من هذا كله أن الرجل كالوالي والسيد لامرأته، وهي عنده عانية أسيرة خادمة،فوظيفته أن يقوم بما استرعاه الله به.
ووظيفتها: القيام بطاعة ربها وطاعة زوجها فلهذا قال: فَالصَّالِحَاتُ قَانِتَاتٌ أي: مطيعات لله تعالى حَافِظَاتٌ لِلْغَيْبِ أي: مطيعات لأزواجهن حتى في الغيب تحفظ بعلها بنفسها وماله، وذلك بحفظ الله لهن وتوفيقه لهن، لا من أنفسهن، فإن النفس أمارة بالسوء، ولكن من توكل على الله كفاه ما أهمه من أمر دينه ودنياه.
ثم قال: وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ أي: ارتفاعهن عن طاعة أزواجهن بأن تعصيه بالقول أو الفعل فإنه يؤدبها بالأسهل فالأسهل، فَعِظُوهُنَّ أي: ببيان حكم الله في طاعة الزوج ومعصيته والترغيب في الطاعة، والترهيب من معصيته، فإن انتهت فذلك المطلوب، وإلا فيهجرها الزوج في المضجع، بأن لا يضاجعها، ولا يجامعها بمقدار ما يحصل به المقصود، وإلا ضربها ضربًا غير مبرح، فإن حصل المقصود بواحد من هذه الأمور وأطعنكم فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا أي: فقد حصل لكم ما تحبون فاتركوا معاتبتها على الأمور الماضية، والتنقيب عن العيوب التي يضر ذكرها ويحدث بسببه الشر.


''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}
The most high (Allah) informs us that men are in charge over women, ie, in charge of them due to the necessity imposed by the rights that Allah has bestowed, for maintaining his statutes and avoiding their corruption, and men are charged with this, and they are also in charge of their provision, their needs and housing. Then (Allah) mentioned the reason why leadership of women by men has been granted, saying: “in what Allah has favored them over the other and in what they have provisioned for them from their wealth” ie because men have been favored over women and his preference for them. Men are favored (by Allah) for many reasons: because of the special state of existence of men, prophethood, apostleship, and their specialization in many types of worship such as jihad and Friday prayers, and also in what Allah has specified for men in terms of their (superior) minds, poise, patience, and constitution which are not possessed by women like men.
 
And likewise his specification of men as the provisioners of their wives and he also posses many of the provisions which are specialized in by men and in which men are superior to women. Although this is the secret of Allah’s saying: “in what they spend in provisioning (of the women)” and the lack of a direct object for the verb here points to the general necessity of this provisioning. And we know from all of this that the man is the guardian and the master of his woman, and she is for him subservient, a prisoner, a servant, and his (the man’s) duty is to engage in what Allah has guided him to do. And as for her duty: it is to engage in obedience to her Lord and to her husband and for this the Lord said: “the righteous women, the obedient women” meaning obedient to Allah most high “guarding the unseenness” meaning obeying their husband when he is not there and guarding her husband with herself and her wealth, and this is what causes Allah to give the women safety and success, not their selves, for the self is a source of evil but whosoever depends upon Allah, Allah will give him sufficiency for his needs in his religion and in his world. Then Allah said “and those whom you fear from them disobedience” meaning their refusal to obey their husbands by disobeying them in word and deed, and for this he disciplines her in the easiest manner possible. And should this come to an end by necessity, he will either expel her from the bedroom, and if he does not sleep with her it means refraining from sex with her, and will attempt to achieve his goals with these steps. Otherwise, he will beat her, lightly. And if he achieves what he is seeking via these means and the follow what you say "do not seek a way against them" for you have achieved what you sought so leave what's in the past in the past, and bury the shames that harm the memory and happen because of evil.  
The word used for daughter in Hebrew here is "bat" בַּ֥ת which is cognate with the Arabic bint/ibnah بنت/إبتة also meaning "daughter" in that language. 
 
Moreover, the Quran used the expression “Nisaa’ orphans” to mean “female orphans”. Orphans cannot be adults which means non-adults can be included in the word Nisaa’.
 
{{Quote|{{Quran|4|127}}|{{right|
‏ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}
 
'''Pickthaal:''' ''They consult thee concerning women. Say: Allah giveth you decree concerning them, and the Scripture which hath been recited unto you (giveth decree), concerning female orphans and those unto whom ye give not that which is ordained for them though ye desire to marry them, and (concerning) the weak among children, and that ye should deal justly with orphans. Whatever good ye do, lo! Allah is ever Aware of it.''
 
}}
}}
====Abul A'la Al-Maududi (1903-1979)====
{{Quote|Tafsir of Maududi on Qur'an 4:34|The Arabic word qawam or qawam stands for a person who is responsible for the right conduct, safeguard and maintenance of the affairs of an individual, an institution or an organization. Thus, than is governor, director, protector and manager of the affairs of women.
Men are superior to women in the sense that they have been endowed with certain natural qualities and powers that have not been given to women or have been given in a less degree, and not in the sense that they are above them in honor and excellence. Man has been made qawam (governor) of the family because of his natural qualities and woman has been made his dependent for her own safety and protection because of her natural drawbacks.
A tradition of the Holy Prophet is the best commentary on this, He said, "The best wife is the one who pleases you when you see her; who obeys your orders and who guards your property and her own honor when you are not at home. "
In this connection, it is necessary to give a warning. Obedience to Allah is of far greater importance than obedience to the husband and has precedence over it. 'therefore, it is the duty of the wife to refuse to obey her husband, if and when he orders her to do a thing which amounts to Allah's disobedience. In that case it shall be a sin to obey him. On the contrary, if the husband orders her not to observe a certain voluntary religious devotion, she must obey him, otherwise her devotion will not be accepted.
If the wife is defiant and does trot obey her husband or does not guard his rights, three measures have been mentioned, but it does not mean that all the three are to be taken at one and the same time. Though these have been permitted, they are to be administered with a sense of proportion according to the nature and extent of the offense. if a mere light admonition proves effective, there is no need to resort to a severer step. As to a beating, the Holy Prophet allowed it very reluctantly and even then did not like it. But the fact is that there are certain women who do not mend their ways without a beating. In such a case, the Holy Prophet has instructed that she would not be beaten on the face, or cruelly, or with anything which might leave a mark on the body.
"The two sides" refers both to the arbiters and to the spouses. Reconciliation can be effected in every quarrel, if the parties concerned desire it and if the arbiters try to effect it sincerely and justly.
In this verse, a plan has been put forward for settling disputes between husband and wife within the family. An effort should be made to effect a reconciliation before resorting to a court of law or making the final breach. The plan is to appoint one arbiter from the family of each spouse for this purpose. The two should probe into the real cause or causes of the dispute and then try to find a way out of it. Of course, the relatives are best qualified for it, knowing as they do the true conditions of the spouses.
Allah has left it unanswered as to who should appoint the arbiters so that each spouse may appoint one arbiter from his or her relatives, if they desire to patch up their differences, or the leaders of the two families may take the initiative and entrust the work of reconciliation to two arbiters, or if the case goes to the court, it may appoint two arbiters before taking any action.
There is a difference of opinion regarding the powers of the arbiters. According to the Hanafi and the Shafi `i schools of thought, the arbiters are not authorized to pass any final decree but may recommend measures for reconciliation, which tray be accepted or rejected by the spouses. Of course, if the spouses themselves authorize them to effect divorce or khula' or take any other measure, then they shall be bound to accept their decision. Hasan Basri, Qatadah and some other jurists are of the opinion that the arbiters are authorized to enforce reconciliation but not separation. Ibn `Abbas, Said bin Jubair, Ibrahim Nakha 'i, Sha 'bi, Muhammad bin Sirin and some other jurists are of the opinion that the arbiters have full authority to enforce their decision about reconciliation or separation whichever they consider to be proper.
Caliph Uthman and Caliph 'Ali used to authorize the arbiters appointed by theta with full powers to effect reconciliation or separation as required by the circumstances. For instance, when the case of 'Aqil, son of Abu Talib, and his wife Fatimah, daughter of 'Utbah bin Rabi'ah, was brought in the court of Caliph Uthman, he appointed as arbiter Ibn 'Abbas from the family of the husband and Mu'aviyah bin Abi Sufyan from the family of the wife and told them that they ware authorized to cause separation between them, if required by circumstances. Likewise, Caliph `Ali appointed arbiters in a similar case and authorized them to effect reconciliation between the spouses or separate them. This shows that the arbiters as such do not possess judicial powers, but if at the tithe of their appointment, the authority concerned empowers them with judicial powers, their decision shall be binding and enforced like other judicial decisions.}}


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====At-Tantawi (1928-2010)====
{{Quote|At-Tasfir Al-Wasit on Qur'an 4:34|روى المفسرون روايات في سبب نزول قوله- تعالى- الرِّجالُ قَوَّامُونَ عَلَى النِّساءِ الآية.
ومن هذه الروايات ما ذكره القرطبي من أنها نزلت في سعد بن الربيع نشزت عليه امرأته حبيبة بنت زيد بن خارجة بن أبى زهير فلطمها فقال أبوها: يا رسول الله، أفرشته كريمتي فلطمها.
فقال صلى الله عليه وسلم (لتقتص من زوجها) .
فانصرفت مع أبيها لتقتص منه.
فقال- عليه الصلاة والسلام- «ارجعوا هذا جبريل أتانى» فأنزل الله هذه الآية .
وقوله قَوَّامُونَ جمع قوام على وزن فعال للمبالغة من القيام على الشيء وحفظه.
يقال: قام فلان على الشيء وهو قائم عليه وقوام عليه، إذا كان يرعاه ويحفظه ويتولاه.
ويقال: هذا قيم المرأة وقوامها للذي يقوم بأمرها ويهتم بحفظها وإصلاحها ورعاية شئونها.
أى: الرجال يقومون على شئون النساء بالحفظ والرعاية والنفقة والتأديب وغير ذلك مما تقتضيه مصلحتهن.
ثم ذكر- سبحانه- سببين لهذه القوامة.
أولهما: وهبى وقد بينه بقوله: بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ.
أى أن حكمة الله اقتضت أن يكون الرجال قوامين على النساء بسبب ما فضل الله به الرجال على النساء من قوة في الجسم، وزيادة في العلم، وقدرة على تحمل أعباء الحياة وتكاليفها وما يستتبع ذلك من دفاع عنهن إذا ما تعرضن لسوء.
قال الفخر الرازي: واعلم أن فضل الرجال على النساء حاصل من وجوه كثيرة: بعضها صفات حقيقية وبعضها أحكام شرعية.
أما الصفات الحقيقية فاعلم أن الفضائل الحقيقية يرجع حاصلها إلى أمرين.
إلى العلم وإلى القدرة.
ولا شك أن عقول الرجال وعلومهم أكثر.
ولا شك أن قدرتهم على الأعمال الشاقة أكمل، فلهذين السببين حصلت الفضيلة للرجال على النساء في العقل والحزم والقوة.
وإن منهم الأنبياء والعلماء، وفيهم الإمامة الكبرى والصغرى والجهاد، والأذان، والخطبة، والولاية في النكاح.
فكل ذلك يدل على فضل الرجال على النساء» .
والمراد بالتفضيل في قوله بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ تفضيل الجنس على الجنس لا تفضيل الآحاد على الآحاد.
فقد يوجد من النساء من هي أقوى عقلا وأكثر معرفة من بعض الرجال.
والباء للسببية، وما مصدرية، والبعض الأول المقصود به الرجال والبعض الثاني المقصود به النساء، والضمير المضاف إليه البعض الأول يقع على مجموع الفريقين على سبيل التغليب.
وقال- سبحانه- بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ ولم يقل- مثلا-: بما فضلهم الله عليهن، للإشعار بأن الرجال من النساء والنساء من الرجال كما قال في آية أخرى بَعْضُكُمْ مِنْ بَعْضٍ وللإشارة إلى أن هذا التفضيل هو لصالح الفريقين، فعلى كل فريق منهم أن يتفرغ لأداء المهمة التي كلفه الله بها بإخلاص وطاعة حتى يسعد الفريقان.
وأما السبب الثاني: فهو كسبي وقد بينه- سبحانه- بقوله: وَبِما أَنْفَقُوا مِنْ أَمْوالِهِمْ.
أى أن الله- تعالى- جعل الرجال قوامين على النساء بسبب ما فضل الله به الرجال على النساء من علم وقدرة.
وبسبب ما ألزم به الرجال من إنفاق على النساء ومن تقديم المهور لهن عند الزواج بهن، ومن القيام برعايتهن وصيانتهن.
قال الآلوسى: واستدل بالآية على أن للزوج تأديب زوجته ومنعها من الخروج.
وأن عليها طاعته إلا في معصية الله- تعالى-.
وفي الخبر «لو أمرت أحدا أن يسجد لأحد لأمرت المرأة أن تسجد لزوجها» .
واستدل بها أيضا من أجاز فسخ النكاح عند الإعسار عن النفقة والكسوة.
وهو مذهب مالك والشافعى، لأنه إذا خرج عن كونه قواما عليها فقد خرج عن الغرض المقصود بالنكاح.
وعندنا لا فسخ لقوله- تعالى: وَإِنْ كانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلى مَيْسَرَةٍ.
واستدل بها أيضا من جعل للزوج الحجر على زوجته في نفسها وما لها فلا تتصرف فيه إلا بإذنه، لأنه- سبحانه- جعل الرجل قواما بصيغة المبالغة.
وهو الناظر على الشيء الحافظ له» .
ثم شرع- سبحانه- في تفصيل أحوال النساء.
وفي بيان كيفية القيام عليهن بحسب اختلاف أحوالهن، فقسمهن إلى قسمين:فقال في شأن القسم الأول: فَالصَّالِحاتُ قانِتاتٌ حافِظاتٌ لِلْغَيْبِ بِما حَفِظَ اللَّهُ.
أى: فالصالحات من النساء من صفاتهن أنهن قانِتاتٌ أى مطيعات لله- تعالى ولأزواجهن عن طيب نفس واطمئنان قلب، ومن صفاتهن كذلك أنهن حافِظاتٌ لِلْغَيْبِ بِما حَفِظَ اللَّهُ.
قال صاحب الكشاف: الغيب خلاف الشهادة.
أى حافظات لمواجب الغيب.
إذا كان الأزواج غير شاهدين لهن، حفظن ما يجب عليهن حفظه في حال الغيبة من الفروج والأموال والبيوت.
وعن النبي صلى الله عليه وسلم أنه قال.
«خير النساء امرأة إن نظرت إليها سرتك، وإن أمرتها أطاعتك، وإذا غبت عنها حفظتك في مالها ونفسها» ، ثم تلا الآية الكريمة .
و «ما» في قوله بِما حَفِظَ اللَّهُ يحتمل أن تكون مصدرية فيكون المعنى: أن هؤلاء النساء الصالحات المطيعات من صفاتهن أيضا أنهن يحفظن في غيبة أزواجهن ما يجب حفظه بسبب حفظ الله لهن ورعايته إياهن بالتوفيق للعمل الذي يحبه ويرضاه.
ويحتمل أن تكون موصولة فيكون المعنى: أنهن حافظات لغيبة أزواجهن في النفس والعرض والمال وكل ما يجب حفظه بسبب الأمر الذي حفظه الله لهن على أزواجهن حيث كلف الأزواج بالإنفاق عليهن وبالإحسان إليهن، فعليهن أن يحفظن حقوق أزواجهن في مقابلة الذي حفظه الله لهن من حقوق على أزواجهن.
فالجملة الكريمة تمدح النساء الصالحات المطيعات الحافظات لأسرار أزواجهن ولكل ما يجب حفظه من عرض أو مال أو غير ذلك مما تقتضيه الحياة الزوجية.
هذا هو القسم الأول من النساء، أما القسم الثاني فقد قال- سبحانه- في شأنه: وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ وَاضْرِبُوهُنَّ والمراد بقوله نُشُوزَهُنَّ عصيانهن وخروجهن عما توجبه الحياة الزوجية من طاعة الزوجة لزوجها.
يقال: نشزت الزوجة نشوزا أى: عصت زوجها وامتنعت عليه.
وأصل النشوز مأخوذ من النشز بمعنى الارتفاع في وسط الأرض السهلة المنبسطة ويكون شاذا فيها.
فشبهت المرأة المتعالية على طاعة زوجها بالمرتفع من الأرض.
والمعنى: هذا شأن النساء الصالحات القانتات الحافظات للغيب بسبب حفظ الله لهن، أما النساء اللاتي تخافون نُشُوزَهُنَّ أى عصيانهن لكم، وترفعهن عن مطاوعتكم، وسوء عشرتهن فَعِظُوهُنَّ بالقول الذي يؤثر في النفس، ويوجههن نحو الخير والفضيلة، بأن تذكروهن بحسن عاقبة الطاعة للزوج.
وسوء عاقبة النشوز والمعصية، وبأن تسوقوا لهن من تعاليم الإسلام وآدابه وتوجيهاته ما من شأنه أن يشفى الصدور، ويهدى النفوس إلى الخير.
قال ابن كثير: وقوله- تعالى-: وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ أى النساء اللاتي تخافون أن ينشزن على أزواجهن فعظوهن.
والنشوز هو الارتفاع فالمرأة الناشز هي المرتفعة على زوجها التاركة لأمره، المعرضة عنه المبغضة له، فمتى ظهر له منها أمارات النشوز فليعظها وليخوفها عقاب الله، فإن الله قد أوجب حق الزوج عليها وطاعته، وحرم عليها معصيته لماله عليها من الفضل، وقد قال رسول الله صلى الله عليه وسلم: «لو كنت آمرا أحدا أن يسجد لأحد لأمرت الزوجة أن تسجد لزوجها من عظم حقه عليها» .
وقوله وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ أى وعليكم إذا لم تنفع الموعظة والنصيحة معهن أن تتركوهن منفردات في أماكن نومهن.
فالمضاجع جمع مضجع- وهو مكان النوم والاضطجاع.
قال القرطبي: والهجر في المضجع هو أن يضاجعها- أى ينام معها في فراش واحد- ويوليها ظهره ولا يجامعها.
وقال مجاهد: وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ أى تجنبوا مضاجعهن أى- اهجروا أماكن نومهن بأن تناموا بعيدا عنهن-» .
روى أبو داود بسنده عن معاوية بن حيدة القشيري أنه قال: يا رسول الله: ما حق زوجة أحدنا عليه؟ قال: أن تطعمها إذا طعمت، وتكسوها إذا اكتسيت ولا تضرب الوجه.
ولا تقبح.
ولا تهجر إلا في البيت» .
وقوله وَاضْرِبُوهُنَّ معطوف على ما قبله.
أى إن لم ينفع ما فعلتم من العظة والهجران فاضربوهن ضربا غير مبرح- أى غير شديد ولا مشين- فقد ثبت في صحيح مسلم عن جابر عن النبي صلى الله عليه وسلم أنه قال في حجة الوداع» : واتقوا الله في النساء فإنهن عوان عندكم- أى أسيرات عندكم- ولكم عليهن أن لا يوطئن فرشكم أحدا تكرهونه.
فإن فعلن فاضربوهن ضربا غير مبرح» .
وقد فسر العلماء الضرب غير المبرح بأنه الذي لا يكسر عظما، ولا يشين جارحة، وأن يتقى الوجه فإنه مجمع المحاسن ولا يلجأ إليه إلا عند فشل العلاجين السابقين.
وقد قال- سبحانه- وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ ولم يقل: واللائي ينشزن، للإشعار بأن يبدأ الزوج بعلاج عيوب زوجته عند ما تظهر أمارات هذه العيوب وعلاماتها وأن لا يتركها حتى تستشرى وتشتد، بل عليه عند ما يخشى النشوز أن يعالجه قبل أن يقع، وأن يكون علاجه بطريقة حكيمة من شأنها أن تقنع وتفيد.
وبعضهم فسر الخوف، بالعلم أى واللاتي تعلمون نشوزهن فعظوهن .
.
.
إلخ.
وبعضهم قدر مضافا في الكلام أى: واللاتي تخافون دوام نشوزهن، فعظوهن واهجروهن في المضاجع .
.
.
إلخ.
وبعضهم قدر معطوفا محذوفا أى: واللاتي تخافون نشوزهن ونشزن، فعظوهن واهجروهن في المضاجع .
.
.
إلخ.
وجمهور العلماء على أن من الواجب على الزوج أن يسلك في معالجته لزوجته تلك الأنواع الثلاثة على الترتيب بأن يبدأ بالوعظ ثم بالهجر ثم بالضرب، لأن الله- تعالى- قد أمر بذلك، ولأنه قد رتب هذه العقوبات بتلك الطريقة الحكيمة التي تبدأ بالعقوبة الخفيفة ثم تتدرج إلى العقوبة الشديدة ثم إلى الأكثر شدة.
قال الفخر الرازي: وبالجملة فالتخفيف مراعى في هذا الباب على أبلغ الوجوه.
والذي يدل عليه اللفظ أنه- تعالى- ابتدأ بالوعظ.
ثم ترقى منه إلى الضرب.
وذلك تنبيه يجرى مجرى التصريح في أنه متى حصل الغرض بالطريق الأخف، وجب الاكتفاء به، ولم يجز الإقدام على الطريق الأشق.
وهذه طريقة من قال: حكم هذه الآية مشروع على الترتيب.
وقال بعض أصحابنا: «تحرير المذهب أن له عند خوف النشوز أن يعظها، وهل له أن يهجرها؟ فيه احتمال.
وله عند إبداء النشوز أن يعظها أو يهجرها، أو يضربها» .
ثم بين- سبحانه- ما يجب على الرجال نحو النساء إذا ما أطعنهم وتركن النشوز والعصيان فقال- تعالى-: فَإِنْ أَطَعْنَكُمْ فَلا تَبْغُوا عَلَيْهِنَّ سَبِيلًا إِنَّ اللَّهَ كانَ عَلِيًّا كَبِيراً.
أى فإن رجعن عن النشوز إلى الطاعة وانقدن لما أوجب الله عليهن نحوكم أيها الرجال، فلا تطلبوا سبيلا وطريقا إلى التعدي عليهن، أو فلا تظلموهن بأى طريق من طرق الظلم كأن تؤذوهن بألسنتكم أو بأيديكم أو بغير ذلك، بل اجعلوا ما كان منهن كأنه لم يكن، وحاولوا التقرب إليهن بألوان المودة والرحمة.
إِنَّ اللَّهَ كانَ عَلِيًّا كَبِيراً فاحذروا مخالفة أمره، فإن قدرته- سبحانه- عليكم أعظم من قدرتكم على نسائكم.
فالجملة الكريمة تذييل قصد به حث الأزواج على قبول توبة النساء، وتحذيرهم من ظلمهن إذا ما تركن النشوز، وعدن إلى طريق الطاعة والإنابة.
قال بعضهم: وذكر هاتين الصفتين في هذا الموضع في غاية الحسن، وبيانه من وجوه:الأول: أن المقصود منه تهديد الأزواج على ظلم النساء.
والمعنى: أنهن إن ضعفن عن دفع ظلمكم وعجزن عن الانتصاف منكم، فالله- سبحانه- ينتصف لهن منكم لأنه علىّ قاهر كبير.
الثاني: لا تبغوا عليهن إذا أطعنكم لعلو أيديكم، فإن الله أعلى منكم وأكبر من كل شيء.
الثالث: أنه- سبحانه- مع علوه وكبريائه لا يكلفكم إلا ما تطيقون، كذلك لا تكلفوهن محبتكم، فإنهن لا يقدرن على ذلك.
الرابع: أنه مع علوه وكبريائه لا يؤاخذ العاصي إذا تاب، بل يغفر له، فإذا تاب المرأة عن نشوزها فأنتم أولى بأن تتركوا عقوبتها وتقبلوا توبتها.
الخامس: أنه- تعالى مع علوه وكبريائه اكتفى من العبد بالظواهر ولم يهتك السرائر فأنتم أولى أن تكتفوا بظاهر حال المرأة، وأن لا تقعوا في التفتيش عما في قلبها وضميرها من الحب والبغض»


===65.4 talks only of the 'Iddah and not of sexual activity===
The commentators gave narrations of the cause of revelation of the saying of the most high (Allah) in the verse “men are in charge of the affairs of women.” And from these narrations it is mentioned by Al-Qurtubi that this was revealed when Sa’d bin Rabi’ suffered disobedience from his woman, Habiba bint Zayid bin Kharija bin Abi Zuhayr, so he struck her. Then her father said “O apostle of Allah, he harmed my honor and he struck her.” Then the prophet peace and prayers of Allah be upon him said “take vengeance from her husband.” Then she set out with her father to take vengeance. And then the prophet peace and prayers of Allah be upon him said “come back, Jibril has come to me with this” then Allah revealed this verse. And the word “qawwaamun” is the plural of “qawaam” which is on the Arabic pattern of fa’aal meaning in charge of a thing and protecting/guarding it. It is said in Arabic: so-and-so is “qawwaam on this” meaning he’s in charge of it, thus he is a steward of this, he guards it and takes care of it. And in Arabic it is said: this is “her qawwaam” to those who undertake in commanding her and being interested in her well-being and in guarding her and in her well-being and her the stewardship of her matters. Meaning: the men are in charge of the affairs of women, in guarding and stewarding them and provisioning for them and ensuring their manners and more in the matters that concern her well-being. Then he Allah, praised be he, mentioned two causes for this stewardship of men over women: The first of the two: their gifts and he mentioned it in the saying “in what Allah has favored the one over the other.” Meaning that the wisdom of Allah judged that the men should be in charge of women because of what he has favored men in as opposed to women as far as physical strength, increased knowledge, and ability to bear the burdens of life and life’s sorrows, and what that entails for defending them if they are exposed to danger in the world. Fakhr Ar-Razi said: I know that the favor of the men over women comes from many causes: some of them are characteristics of reality and some of them are the judgements of the shari’ah. As for the characteristics of reality, I know that the favors of reality go back to two causes: Knowledge and ability. There is no doubt that the mind of men and their knowledge are greater. And there is no doubt that their ability to work hard (is greater), so for these two reasons men have been favored over women (by Allah) in the mind, resoluteness and power.  And of the men are the prophets and the scholars, and the great and small Imams, and (those who engage in) jihad, and (those who call) the adhan (call to prayer), and (those who give) the khutbah (Friday sermon), and guardianship for the female relatives in giving permission for marriage. And all of this points to how men are favored over women.  And the intended meaning of the favor of men over women in the verse is a favor of one sex over the other, not the favor of one individual over another. For there are women who are stronger of men and greater of knowledge than some men. The first “baa’” (letter “B” in Arabic, a preposition) indicates cause, not a verbal noun, and the first “ba’ad” mean the men, and the second “ba’ad” means the women, and the pronoun which is attached to the first “ba’ad” indicates the joining of the two groups in the superiority (of the men). Allah the most high said “in what Allah has favored the one over the other” and he did not say, for example, “in what Allah has favored them (the men) over them (the women)” in order to show that the this favor is for the good of both parties, and it’s up to each of the two parties to fulfill their important duties that Allah has appointed them to with loyalty and obedience that the two parties might be happy. And as for the second cause: it is as a prisoner and Allah, praised be he, showed it in his saying: “in what they spend for provisioning from their wealth.” Meaning that Allah, lofty is high, made the men in charge of the women because of his favor to them, favoring the men over the women in knowledge and ability. And because of what the man has been compelled to provision for women from their wealth, and giving them mahrs (dowers) at the time of marriage, and taking care of them and maintaining their lifestyle. And Al-Aalusi said: and he (Allah) indicated that the man has the right to discipline/give manners to his wife and prevent her from leaving. And that she must obey him except should it cause harm, Allah is most high. And there is also the report (in the hadith) “If I (Allah) had commanded people to prostrate to any person, I would have commanded the wife to prostrate to her husband.” And this indicates also that it is possible to dissolve a marriage if the man is too poor to provide provisioning and vestments (for the wife). And this (is the opinion of) the Shafi’i and Maliki schools (of Islamic jurisprudence), because if he has left his state of authority over her then he has left the intended point of the marriage. And we have no annulment for Allah saying, high is he, that “and if it were a rough patch, look forward to the light at the end of the tunnel.” And it also indicates that anyone who makes a restriction upon the husband towards his wife herself and not what is to her, then she should not act in it except for his permission, because Allah, praised be he, made the man in charge of her totally. And he is the overseer of her affairs, and keeps them safe. Then Allah, praised be he, set down the law in description of the circumstances of the women:And in the manner of stewardship on them (the women) according to the difference of their (the women’s) circumstance, their division is two: for he said as for the first: “a good women are obedient and guard what is hidden from what Allah had preserved for it.” Meaning: the good women are described in that they are obedient, meaning obeying Allah, lofty is he, and their husbands with a good soul and a content hear, and they are also described as guarding what Allah has kept hidden. Zamkhashri said: the hidden is against the shahadah. The women who guard it have a duty to the “unseen.” If their husbands were not observing them, they guard what is necessary for them to guard in the case of the unseen, (that is) their vaginas and the wealth of the house. And the prophet, peace and prayers of Allah be upon him, said that: “The best women are those if you look at her in your belly button, and if you command her to obey you, and if you leave her, she will protect you in herself and your money.” And the “what” in Allah’s saying “in what Allah has guarded” is expected to be that of a verbal noun, so the meaning is: that these good women are given their characteristics and also that they guard “the unseen” for their husbands, which must be kept because of what Allah has guarded for them and stewarded for them, for the success of the work that he wants and which pleases him. And it’s expected to be a connection, meaning that they (the women) guard the unseen for their husbands in themselves and their honor and their wealth and everything which must be guarded because of the matter than Allah has saved for them for their husbands, whereas their husbands must strive to provision for them with the best of them, and thus it’s up to the women to guard the rights of their husbands in return for that which Allah has saved for them (the women) for their rights (ie what they deserve) from their husbands. And in truth this precious thing gives praise to the good women, the giving women, the guarding women, who guard the secrets of their husbands and all of what must be guarded, honor and wealth or anything else, from what is judged to be part of their married life. This is the first area of responsibility of the women, and the second is what Allah, high is he, said about the matter: “those women that you fear rebelliousness from them, admonish them, banish them from the bedrooms, and beat them.” The meaning of this saying “their rebelliousness”  is their insubordination and their leaving of their duties in married life, that is obedience of the wife to the husband. And it’s said: “The wife has rebelled” meaning: she made things hard for her husband and refused to follow what he says. And the origin of the (Arabic word for) “rebelliousness” is “nashz” meaning raising up from a flat plain to create an abnormality in the landscape. And thus the woman rising upon the obedience to her husband resembles a raised abnormality in the earth. The meaning is: this issue is of the good, obedient, women who guard the “unseen” because of what Allah has preserved for them, whereas the ones from whom you fear disobedience, meaning their disobedience (using a different word for “disobedience”) to you all (the men), and you will know them by their obedience to you, or their bad treatment of you, so admonish them saying what will affect their soul, and send them on the path to the good and beautiful, by mentioning to them how good the results of obeying the husband are. And as for the evil consequences of disobedience and bad behavior, lead them to the teachings of Islam and its manners and point them to what will heal their heart, and lead their soul to goodness. And ibn Kathir said: “Allah most high said ‘those from whom you fear disobedience’ meaning the women from whom you fear disobedience and who are disobedient to their husbands, those ones admonish them.” And the disobedience is the rising up of the disobedient women, and when she has risen up against her husband leaving (ignoring) his orders, her presence to him is odious, so when a sign of disobedience from her appears, let him admonish her and scare her of the punishment of Allah, for Allah has made incumbent the right of the husband upon her and her obedience, and has made forbidden bad disobedience/lack of faith to her wealth from his largesse, and the prophet, peace and prayers of Allah be upon him, said “if I would tell any person to bow down to another, I would have commanded a wife to bow down to her husbands due to the greatness of his right upon her.” And his (Allah’s) saying “expel them from the bedrooms” meaning this is what you need to do if you do not get any benefit from the admonishment, and the advice is to leave them alone in the sleeping places. “Bedrooms” is the plural of “bedroom” and it’s the sleeping place and the place of rest. And Qurtubi said: the expulsion from the bedroom is  to end sexual relations with her and sleeping with her in one bed, and show her his back and not have sexual relations with her. And mujahid said: “expel them (the women) from the bedrooms” meaning avoid the bedroom meaning expel (them) from the places where they sleep and sleep far from them. And Abu Dawud narrated from Mu’wiya bin Hayda Al-Qushayri that the apostle of Allah said: “what is the right of a wife of one of us about it? He said: to feed her if she needs to eats, to clothe her if she needs clothes, and not to strike the face.” And do not be disgusted. And don’t expel her to anywhere but (somewhere else) in the house. And his saying “strike them (the women)” inclines upon what is before it. Meaning if you do not benefit from what you have done from admonishment and expulsion, then strike them (the women) with a ‘non-intensive’ strike, meaning not overly strong or disgraceful, and it has been proven in sahih Muslim from Jabir from the prophet, peace and prayers of Allah be upon him, that he said in his farewell statement: “Depend on Allah for the women, for they are a dependent upon you, meaning your prisoners, and that no one tread in your bed that you might hate.’” And therefore do not strike them harshly/violently. And the scholars explained the “non-intense” strike that it not break the bone, and not cause injury, and leave the face, and it is in summary to be good and not to resort to it except when the other two remedies have failed previously. And Allah most high said, “and those from whom you fear disobedience from them (the woman)” and he did not say “those who are disobedient” to show that the husband must begin with curing the burdens of the wife from what appears of the signs of these burdens and their signs, and to not leave her until her until she becomes intensely mad and inflamed, but rather it’s up to him when he fears disobedience to solve the issue before the dime falls, and to be the one giving the cure in a wise way for her sake to convince and benefit her. And some of them explained the fear in that knowledge meaning that the (female) ones who know their disobedience, admonish them. etc And some of them add to this, saying: those women from whom you fear the duration of their disobedience, admonish them and drive them out of the bedrooms.etc. And some of them are able to say with an adjoining meaning: those women from whom you fear disobedience and who have disobeyed, admonist them and expel them from the bedrooms. etc. And the majority of scholars agree that it’s up to the husband to behave in a way to cure his wife with those 3 steps, the admonishment, then the expulsion then the beating because Allah most high ordered that and put the order in place of these punishments in that wise way that begins with the light punishment then steps up to the more sever punishment then to the most sever punishment. Then Fakhr Ar-Razi said: in general, mitigation should be taken into account as much as possible. And what the he points to the saying of Allah most high and starts the admonishment. Then he escalates to the strike. And that is sharp warning to those taking this course when the goal is in the lighter path, it must be followed, and it’s not allowed (in that case) to set foot up on the more severe path. And this is the path of those who said “this verse has made this order law.” And some of our companions said “the opinion of our school of jurisprudence is that when there is fear of disobedience he ought to admonish her, so must he expel her (from the bedroom)? There is a possibility. And at the expression of disobedience he (the husband) ought to admonish and expel her from the bedroom, or beat her. Then Allah the most high revealed what is necessary for men towards women if they don’t obey them (the men) or left their disobedience and rebellion. Allah the most high said “if they obeyed you all do not seek a path upon them for Allah is high and great.” Meaning if they return from their disobedience to obedience and they submit when Allah has imposed it upon them towards you all o men, do not seek a way (back) to enmity with them, or do not oppress them in any way such as injuring them with your tongues or hand or anything else, rather make it as though it didn’t happen and try to draw close to them in a manner of friendship and love. “Verily Allah is high and great” so avoid opposing his order, for Allah, , exalted is he,  has appointed you (the men) to be greater than them (the women). The noble revelation is meant to encourage husbands to accept the repentance of their women, and warn them from oppressing them, and warning them (the men) from oppressing them (the women) if they (the women) left their disobedience, and returned into the path of obedience and repentance. And some of them have said: these two lines in this context have the aim of good, and its cause are thus: first, the intended is to warn husbands from oppressing women. Meaning: that they (the women) were weaked from the pressure of oppression and were not able to get justice from you, so Allah, praised be he, made justice for them from you because he is a great conqueror. The second: do not seek (a way) upon them if they obey you, for Allah is greater than you all in all things. And the third: that Allah, exalted is he, with his loftiness and greatness does not burden you except that you can bear that burden, and as such do not burden them (the women) out of your love, for they will not be able to bear it. The fourth: that with his loftiness and greatness the rebellious is not taken if he repents, but rather he is forgiven, and if the women repents of her rebelliousness, for you should first leave their punishment and accept their repentance. The fifth: that the most high, with his greatness and loftiness, satisfied the servant (the Muslims) with the outward appearances and did not tear apart the conscience, for you first out to be satisfied with the outward appearance of the woman, and don’t fall into searching for what is in her heart and her conscience from love and hate.                            }}


One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4,  this is also established in Qur'an 33:49: 
==Evidence from the Hadith==


<br />
Mutliple hadith sources take up the issue of wife beating. They mostly serve to endorse and qualify the practice. As with [[Slavery]] the idea is found that not hitting your wife is a meritorious act but not necessary to be a good believer/Muslim.
{{Quote|{{Quran|33|49}}|
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا


O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}
First off, the hadith confirms that Muhammad did allow men to beat their wives.  


The tafsirs further expound on the meaning of the 'iddah according to this verse:
{{Quote|Mishkat Al-Masabih: Volume 2, page 692|Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," '''he gave licence to beat them.''' Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it.}}


{{Quote|1=[http://m.qtafsir.com/Surah-Al-Ahzab/A-Gift-and-no-Iddah-for-Wome--- A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|
{{Quote| {{Abudawud|11|2141}}|Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, '''he (the Prophet) gave permission to beat them.''' Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.}}
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}
     
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)


This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
{{Quote|{{Ibn Majah|9|3|9|1985}}|It was narrated that Iyas bin 'Abdullah bin Abu Dhubab said:
{{right|
(الْمُؤْمِنَـتِ)
"The Prophet said: 'Do not beat the female slaves of Allah.' Then 'Umar came to the Prophet and said: 'O Messenger of Allah, the woman have become bold towards their husbands? '''So order the beating of them,' and they were beaten.''' Then many women went around to the family of Muhammad,. The next day he said: ''''Last night seventy women came to the family of Muhammad, each woman complaining about her husband. You will not find that those are the best of you'''.' " (Sahih)}}
}}
(believing women)
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
}}
(When you marry believing women, and then divorce them)
 
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:
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(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
}}
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,
{{right|
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
}}
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:
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«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»
}}
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:
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«لَا طَلَاقَ قَبْلَ نِكَاح»
}}
(There is no divorce before marriage.)
{{right|
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)
}}
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
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(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
}}
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:
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(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)
}}
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:
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(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)
}}
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}
 
{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=33&tayahno=49&tdisplay=yes&userprofile=0&languageid=2 (Qur'an 33:49)]<BR>Tafsir al-Jalalayn|2= {{right|
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
}}
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}
 
{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=73&tsorano=33&tayahno=49&tdisplay=yes&userprofile=0&languageid=2 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
}}
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}
 
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.
 
===This verse is only talking about adult women who don't know if they are pregnant===


The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:
The beatings were so frequent a part of community life that [['Aishah]] is said to have complained that the believing women suffer more than any other:


{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}
{{Quote|{{Bukhari|7|72|715}}|Narrated 'Ikrima: Rifa'a divorced his wife whereupon 'AbdurRahman bin Az-Zubair Al-Qurazi married her. 'Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and '''showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other,''' so when Allah's Apostle came, ''''Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' When 'AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, 'Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa'a." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa'a unless Abdur-Rahman has had sexual intercourse with you." Then the Prophet saw two boys with 'Abdur-Rahman and asked (him), "Are these your sons?" On that 'AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}}


However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.
Here Muhammad seems to condone and take part of the practice.  


Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.
The hadith clarify how the beatings should be conducted:


===This verse is applied to unconsummated widows===
{{Quote|1=[http://sunnah.com/abudawud/11/185 AbuDawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.}}


Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this.  This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:
Another hadith lays out the specifics of how far the beating can go:  


{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}
{{Quote|{{Ibn Majah||3|9|1851}}|Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.}}


Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4.  
==Modern Views and Perspectives on the Meaning of Qur'an 4:34==
The view that men should beat their wives flies in the face of modern conventions about gender relations. As such it has lead to a number of discussions and revisions in the modern Islamic community. On the one end progressive Muslims such as Leila Bakhtiar, who went so far as to mistranslate the word "daraba" in order to hide the plain meaning of the text, instructing men to beat their wives in certain situations. The Yaqeen Institute on the other hand calls the idea that men can beat their wives a "myth" while admitting in the same article that the plain meaning of the text of the Qur'an allows it. On the other hand are traditionalists such as Daniel Haqiqatjou, who defends the Qur'an by claiming that wife-beating allows authority to be "distributed across kinship groups" as opposed to being concentrated in the cold, unfeeling hands of the modern nation-state. He compares wife beating to the discipline that employers enforce on their employee by forcing them to leave the premises of the building in which they are situated with the implied threat of force from the police or company security forces. For such Occidentalist critics, the cold and calculating nature of the west means that even practices which violate human rights are preferable to the modern, western, liberal state. As Michael Cook observed over a decade ago in The Koran: A Very Short Introduction commentators who take the verse come up with a number of strategies to deal with it, but whether by embracing or "swimming against" the Western tide all of them are in one way or another engaging with western, liberal modernity.  


<br />
==See Also==
==See Also==


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==External Links==
==External Links==


*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''
*[https://medium.com/@hassanradwan51/does-the-quran-advise-domestic-violence-spoiler-yes-f1cb3f9054e4 Does the Qur’an Sanction Domestic Violence?] - ''Hassan Radwan''


==References==
==References==

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The Qur'an's fourth chapter, An-Nisaa' النساء, deals with a number of issues relating to men and women, and the relationship between husband and wife. Amongst these issues is the issue of when it is permissible for a husband to physically strike or beat his wife. One verse in particular, 4:34, lays out a three-step scheme for how husbands are to deal with their wives if they fear nushūz نشوز, commonly understood to mean their disobedience, their rebellion, or disloyalty, though the exact meaning of the word is unclear (see Quran 4:128, which gives instructions to women who fear nushūzan from their husbands). In summary the steps are to first admonish her, then banish her to a different bed, and finally to beat her. The admonition is layed out in a matter-of-fact, very practical way, and it can thus be assumed that the Qur'an's audience was not highly disturbed nor surpised by this holy injunction for domestic violence. Over the centuries the mufassirun have taken up this verse and different scholars from different schools have come to different conclusions on the meaning of the verse vis-a-vis the three-step formula and what the meaning is exactly of nushuuz. All of the traditional scholars agree, however, that one way or another beating is an option that is available to the man. Modern progressive Muslims, under the influence of modern secular liberalism and its firm conviction that wife beating is never acceptable, have however rejected this tradition. Rather, they have sought a number of strategies to come to the conclusion that the Qur'an, and Islam as a whole, does not allow wife beating. These strategies include appeals to the hadith, appeals to perculiar juristic decisions, and linguistic reinterpretation, going so far as to make demonstrably false claims about the meaning of the word "daraba" in this verse.

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Introduction

The Qur'an takes up the issue of wife beating in two seperate passages. The first is Quran 4:34:

Yusuf Ali translation: Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).


Pickthall translation: Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.


Shakir translation: Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great.


Sahih International translation:Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.
Quran 4:34

All of the agreed upon, relied upon Muslim translations of this verse into English agree that this verse instructs men on when and under what circumstances they are commanded to beat their wives. The verses sets out a three-part program for men dealing with "nushuuz" or disloyalty/disobediance. The three steps outlined are to first to admonish or sternly advise them to stop, then to seperate in the bedroom from them (somehow, commentators take up the question of what this means) and then, finally, to beat them. Yusuf Ali adds the word "lightly" to his translation, a word which is not found in the text of the verse. Rather, this word is found in the Farewell Sermon of the Prophet and a number of Hadith relating to the issue of wife beating. The particular turn of phrase here is "ghayr mubarrih" غير مبرح, a phrase meaning something like "not violently" or "not intensely." The scholarly consensus around this verse and the related traditions is that it is allowed and even instructed from Allah to strike a disobedient wife, however this strike must not cause grievous damage. The definitions of "grevious" or "serious" damage is subject to discussion by the commentators. The cause of the revelation, as will be seen below, leaves no doubt however that despite Muhammad's own wish on the matter it is the will of Allah that men strike their disobedient lives.

A second verse deals with the issue but much more obliquely.

They will say, "Exalted are You! You, [O Allah], are our benefactor not them. Rather, they used to worship the jinn; most of them were believers in them." But today you do not hold for one another [the power of] benefit or harm, and We will say to those who wronged, "Taste the punishment of the Fire, which you used to deny." And when our verses are recited to them as clear evidences, they say, "This is not but a man who wishes to avert you from that which your fathers were worshipping." And they say, "This is not except a lie invented." And those who disbelieve say of the truth when it has come to them, "This is not but obvious magic." And We had not given them any scriptures which they could study, and We had not sent to them before you, [O Muhammad], any warner.
Quran 38:41-44

ibn Kathir notes on this verse that Allah gave Ayub (Job) the option to hit his wife with a bundle of twigs without having to carry out his promise to beat her 100 blows:

(And take in your hand a bundle of thin grass and strike therewith (your wife), and break not your oath.) Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would strike her with one hundred blows. When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, and hit her with it once.
Tafsir of ibn Kathir on Qur'an 38:41-44

This verse was later used in hadith and Fiqh (Islamic Jurisprudence) to discuss alternatives to several hadd (corporal) punishments in the case of frail, vulnerable people. These discussions, however, did not very often touch on the propriety of rightness of wife beating; discussions on this topic tended to proceed from the discussions around 4:34.

Linguistic Analysis of Verse in Arabic

The operative clause in Quran 4:34 reads:

ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ ۚ فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ ۚ وَٱلَّٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ


"And those whom you fear their disobedience, admonist them, seperate from them in the bedrooms, and beat them."
Quran 4:34

This is the three-part path of spousal discipline the Qur'an offers husband. Transliterated into Latin letters it reads:

r-rijālu qawwāmūna ʿalā n-nisāʾi bi-mā faḍḍala llāhu baʿḍahum ʿalā baʿḍin wa-bi-mā ʾanfaqū min ʾamwālihim fa-ṣ-ṣāliḥātu qānitātun ḥāfiẓātun li-l-ghaybi bi-mā ḥafiẓa llāhu wa-llātī takhāfūna nushūzahunna fa-ʿiẓūhunna wa-hjurūhunna fī l-maḍājiʿi wa-ḍribūhunna
Quran 4:34

The first piece reads: r-rijālu qawwāmūna ʿalā n-nisāʾi bi-mā faḍḍala llāhu baʿḍahum ʿalā baʿḍin wa-bi-mā ʾanfaqū min ʾamwālihim ʾ ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ which translates as "Men are in power/in charge of women by nature of what Allah has favored them one over the other and due to what they (the men) spend of their wealth."

r-rijālu--The men

qawwāmūna--In charge of/in power over

ʿalā--on, here with qawwāmūna meaning "of" or "over"

n-nisāʾ-- The women

The next piece reads: fa-ṣ-ṣāliḥātu qānitātun ḥāfiẓātun li-l-ghaybi bi-mā ḥafiẓa llāhu فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ "And the righteous women, the obedient women, guard in hiddiness what Allah has guarded", usually meaning that they dress modestly.

fa-ṣ-ṣāliḥātu--the righteous/pure/religiously observant women

qānitātun--the obediant woment

ḥāfiẓātun--femine plural active particple of "guard" id est they are guarding or they guard

li-l-ghaybi--in unseenness/occlusion/secrecy

bi-mā ḥafiẓa--of what (Allah) guarded

llāhu-- Allah

The final piece of the verse reads: wa-llātī takhāfūna nushūzahunna fa-ʿiẓūhunna wa-hjurūhunna fī l-maḍājiʿi wa-ḍribūhunna وَٱلَّٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ

wa-llātī takhāfūna-- and those (feminine plural) whom you (masculine second person plural) fear

nushūzahunna-- their (feminine plural) insolence, disobedience, uprising, disloyalty; this word was key to understanding this verse, and the mufasirrun and jurists went to lengths to define this. For modern progressive Muslims the meaning of this word has also been important. As noted above, the meaning is unclear (see Quran 4:128, which gives instructions to women who fear nushūzan from their husbands).

fa-ʿiẓūhunna--(plural command form) scold them/admonish them (feminine plural them)

wa-hjurūhunna fī l-maḍājiʿi--and sepereate from them (feminine plural them) in the bedrooms

wa-ḍribūhunna--(plural command form) beat them (feminine plural them). In modern times some translators and progressive Muslims have made demonstrably false claims about the meaning of this word in this verse, translating it as things other than "beat them (the woman)"; see The Meaning of Daraba.

Asbab An-Nuzuul of the Verse

The أسباب النزول or "reasons of revelation" are a genre of Islamic literature that deals with the contexts in which particular verses and groups of verses were "revealed" to the prophet. According to traditional reckoning, the verses of the Qur'an were not revealed chapter-by-chapter but rather piecemeal and then later arranged into the individual surahs of the Qur'an. As such individual verses or groups of verses have unique stories in the Islamic tradition associated with them, explaining their context.

The earliest book around Asbab An-Nuzuul is a book of the same name by Ali ibn Ahmad al-Wahidi (d. 1075 CE). He did not cover the majority of verses in the Qur'an but he did cover these verses. Al-Wahidi writes:

قَالَ مُقَاتِلٌ: نَزَلَتْ هَذِهِ الْآيَةُ فِي سَعْدِ بْنِ الرَّبِيعِ وَكَانَ مِنَ النُّقَبَاءِ، وَامْرَأَتِهِ حَبِيبَةَ بِنْتِ زَيْدِ بْنِ أَبِي زُهَيْرٍ، وَهُمَا مِنَ الْأَنْصَارِ، وَذَلِكَ أَنَّهَا نَشَزَتْ عَلَيْهِ فَلَطَمَهَا، فَانْطَلَقَ أَبُوهَا مَعَهَا إِلَى النَّبِيِّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ- فَقَالَ: أَفْرَشْتُهُ كَرِيمَتِي فَلَطَمَهَا. فَقَالَ النَّبِيُّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«لِتَقْتَصَّ مِنْ زَوْجِهَا»، وَانْصَرَفَتْ مَعَ أَبِيهَا لِتَقْتَصَّ مِنْهُ، فَقَالَ النَّبِيُّ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«ارْجِعُوا، هَذَا جِبْرِيلُ عَلَيْهِ السَّلَامُ أَتَانِي»، وَأَنْزَلَ اللَّهُ تَعَالَى هَذِهِ الْآيَةَ، فَقَالَ رَسُولُ اللَّهِ- صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-«أَرَدْنَا أَمْرًا وَأَرَادَ اللَّهُ أَمْرًا، وَالَّذِي أَرَادَ اللَّهُ خَيْرٌ»، وَرَفَعَ الْقِصَاصَ.


Muqaatil said "This verse came down in regards to Sa'd bin Rabi' and he was of the Nuqabaa', and his wife Habiba bint Zayd bin Abi Zuhayr, and the two of them were of the Ansar. What happened was that she was disobedient to him and he struck her, then her father set out with her to the prophet--peace and prayers of Allah be upon him--and he said "I gave my daughter to him and he hit her." The prophet--eace and prayers of Allah be upon him--said "let you take vengence from her husband." And she parted with her father to take vengence on him (by her father striking him), the The prophet--eace and prayers of Allah be upon him--said "return, Jibreel peace be upon him has brought me this" and then Allah the most High brought down this verse. Then the prophet--eace and prayers of Allah be upon him--said "We wanted one thing and Allah wanted (another) thing, and what Allah wants is good" and so ends the story.
The Causes of Revelation by Al-Wahidi

Al-Wahidi also gives a second version of the same story:

حدَّثنا يونس عن الحسن:

أن رجلاً لطم امرأَته فخاصمته إلى النبي صلى الله عليه وسلم، فجاء معها أهلها فقالوا: يا رسول الله، إِن فلاناً لطم صاحبتنا. فجعل رسول الله يقول: القصاص القصاص. ولا يقضي قضاء، فنزلت هذه الآية: ﴿ٱلرِّجَالُ قَوَّامُونَ عَلَى ٱلنِّسَآءِ﴾ فقال النبي صلى الله عليه وسلم: أَردنا أَمراً وأَراد الله غيره.

Yunis told us through Al-Hasan: A man struck his wife, she took the case to the prophet of god peace and prayer of All be upon him, and her parents went with her and they said: "Oh Prophet of Allah, someone struck our daughter. This made the prophet of Allah say: reprisal is reprisal (meaning let the repirsal happen). And he hadn't rendered his judgement, when this verse came down "Men are in power over women....." And the messenger of Allah peace and prayers of Allah be upon him said "We wanted one thing and Allah wanted something else."


The Causes of Revelation by Al-Wahidi

He also offers a seemingly abridged 3rd version of the story:

إسماعيل، عن الحسن، قال:

لما نزلت آية القصاص بين المسلمين لطم رجل امرأته، فانطلقت إلى النبي صلى الله عليه وسلم، فقالت: إن زوجي لطمني فالقصاص، قال: القصاص، فبينا هو كذلك أَنزل الله تعالى: ﴿ٱلرِّجَالُ قَوَّامُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ﴾ فقال النبي صلى الله عليه وسلم: أردنا أمراً فأبى الله تعالى [إلا غيرَه]. خذ أيها الرجل بيد امرأَتك.

Isma'il said through Al-Hasan: When the verse of retribution between Muslims was revealed a man struck his wife, then they set out to the prophet, peace and prayers of Allah be upon him, then she said: verily my husband struck me, what of the retribution? He said "Retribution is between us" then as he did Allah revealed the verse of "Men are in power over women in what Allah has favored them in over eachother (4:34)." The prophet of Allah peace and prayers of Allah be upon him said: "We wanted one thing and Allah refused it (in favor of something else). Oh Man, take the hand of your wife (and leave without retribution)."
The Causes of Revelation by Al-Wahidi

From all of these a general story can be extracted: a man hit his wife, there was a complaint against him in the community for this, and Muhammad ordered the punishment of the wife beater. The sources portray this desire of Muhammad to outlaw wife-beating as being opposed by the will of Allah (God). Allah sends down this verse in response to these circumstances, showing that contra Muhammad it is the will of Allah specifically, as opposed to the will of the prophet, that men should beat their own wives if they are disobedient.

Tafsirs of the Verse

Classical Tafsirs

Tabari (839-923)

(القول في تأويل قوله: ﴿وَاضْرِبُوهُنَّ

قال أبو جعفر: يعني بذلك جل ثناؤه: فعظوهن، أيها الرجال، في نشوزهن، فإن أبينَ الإياب إلى ما يلزمهن لكم، فشدّوهن وثاقًا في منازلهن، واضربوهن ليؤبن إلى الواجب عليهن من طاعته الله في اللازم لهنّ من حقوقكم.

  • * *

وقال أهل التأويل: صفة الضرب التي أباح الله لزوج الناشز أن يضربها: الضربُ غيرُ المبرِّح.

  • ذكر من قال ذلك:

٩٣٧٨ - حدثنا ابن حميد قال، حدثنا حكام، عن عمرو، عن عطاء، عن سعيد بن جبير:"واضربوهن"، قال: ضربًا غير مبرح. ٩٣٧٩ - حدثنا ابن حميد قال، حدثنا يحيى بن واضح قال، أخبرنا أبو حمزة، عن عطاء بن السائب، عن سعيد بن جبير مثله.


As for the saying: "strike them (feminine them):" Abu Ja'afar said: The most high be praised means here: "Oh men, in their (feminine) disobedience, they refused to return what they are obgligated to you, so chain them in their (feminine) houses, and strike them that they might return to their duties from an obedience to Allah in what is necessary to them regarging your rights upon them.

The people of interpretation have said: "The description of the strike which Allah has allowed to the husband upon a disobedient (wife) is to strike her: the non-intense, measured strike (darb ghayr mubarrih)."

It was mentioned:

Ibn Hamid told use that Hakaam said from Umar from 'Ata' from Sa'id bin Jubayr: "Strike them (feminine them)." He said " a non-intense, measured strike (darb ghayr mubarrih)."

Ibn Hamid said, he was told be Yahya bin Wadih who said we have been told by Abu Hamzah from 'Ata' bin Sa'ib from Sa'id bin Jubayr like him.



Tafsir of Tabari on Qur'an 4:34

After the above quoted portion Tabari goes on to site multiple additional chains of narration, all attesting to the fact that disobedient women should be struck and reiterating that this strike should be "ghayr mubarrih" غير مبرح that is to say "measured, non-intense, light."

Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs

(Men are in charge of women) they are in charge of overseeing the proper conduct of women, (because Allah hath made the one of them) the men through reason and the division of booty and estates (to excel the other) the women, (and because they spend of their property (for the support of women)) through paying the dowry and spending on them, which the women are not required to do. (So good women) He says: those wives who are kind to their husbands (are the obedient) they are obedient to Allah regarding their husbands, (guarding) their own persons and the wealth of their husbands (in secret) when their husbands are not present (that which Allah hath guarded) through Allah's protection of them in that He gave them the success to do so. (As for those from whom ye fear) know (rebellion) their disobedience to you in bed, (admonish them) by means of sacred knowledge and the Qur'an (and banish them to beds apart) turn your faces away from them in bed, (and scourge them) in a mild, unexaggerated manner. (Then if they obey you) in bed, (seek not a way against them) as regards love. (Lo! Allah is ever High Exalted) above every single thing, (Great) greater than every single thing. Allah has not burdened you with that which you cannot bear, so do not burden women with that which they cannot bear of affection.
Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs on Verse 4:34

Al-Qushayri (d. 1072 CE)

Men are in charge of women because of that with which God has preferred the one over the other and because of what they expend of their property. Therefore righteous women are obedient guarding in the unseen because of what God has guarded. And those you fear may be rebellious admonish them and share not beds with them and strike them. If they then obey you do not seek a way against them. God is ever High Great. He distinguished men by their strength and then increased their burden for the burden is in accordance with [one's] strength. The lesson is to be taken through hearts and aspirations not through the lower selves and bodies. And those you fear may be rebellious admonish them and share not beds with them and strike them: that is increase your correction of them gradually and with kindness for if the matter can be reconciled with admonition there is no need to use the rod to strike. The verse contains the good manners ādāb of spousal companionship. Then He said “If they then obey you do not seek a way against them.” [This] means if she stops acting in a way that is injurious to the relationship and returns to obedience do not seek revenge on her for what has happened in the past. Do not withhold your acceptance of her excuse and do not be unyielding toward her. It is said do not seek a way against them in going beyond the measure of what you deem necessary out of spite.
Al-Qushayri on verse 4:34

Asbab Al-Nuzul by Al-Wahidi (d. 1075 CE)

(Men are in charge of women…) [4:34]. Said Muqatil: “This verse (Men are in charge of women…) was revealed about Sa‘d ibn al-Rabi‘, who was one of the leaders of the Helpers (nuqaba’), and his wife Habibah bint Zayd ibn Abi Zuhayr, both of whom from the Helpers. It happened Sa‘d hit his wife on the face because she rebelled against him. Then her father went with her to see the Prophet, Allah bless him and give him peace. He said to him: ‘I gave him my daughter in marriage and he slapped her’. The Prophet, Allah bless him and give him peace, said: ‘Let her have retaliation against her husband’. As she was leaving with her father to execute retaliation, the Prophet, Allah bless him and give him peace, called them and said: ‘Come back; Gabriel has come to me’, and Allah, exalted is He, revealed this verse. The Messenger of Allah, Allah bless him and give him peace, said: ‘We wanted something while Allah wanted something else, and that which Allah wants is good’. Retaliation was then suspended”. Sa‘id ibn Muhammad ibn Ahmad al-Zahid informed us> Zahir ibn Ahmad> Ahmad ibn al-Husayn ibn Junayd> Ziyad ibn Ayyub> Hushaym> Yunus ibn al-Hasan who reported that a man slapped his wife and she complained about him to the Prophet, Allah bless him and give him peace. Her family who went with her said: “O Messenger of Allah! So-and-so has slapped our girl”. The Prophet, Allah bless him and give him peace, kept saying: “Retaliation! Retaliation! And there is no other judgement to be held”. But then this verse (Men are in charge of women…) was revealed and the Prophet, Allah bless him and give him peace, said: “We wanted something and Allah wanted something else”. Abu Bakr al-Harithi informed us> Abu’l-Shaykh al-Hafiz> Abu Yahya al-Razi> Sahl al-‘Askari> ‘Ali ibn Hashim> Isma‘il> al-Hasan who said: “Around the time when the verse on retaliation was revealed amongst the Muslims, a man had slapped his wife. She went to the Prophet, Allah bless him and give him peace and said: ‘My husband has slapped me and I want retaliation’. So he said: ‘Let there be retaliation’. As he was still dealing with her, Allah, exalted is He, revealed (Men are in charge of women, because Allah hath made the one of them to excel the other…). Upon which the Prophet, Allah bless him and give him peace, said: ‘We wanted something and my Lord wanted something different. O man, take your wife by the hand’ ”.
Asbab Al-Nuzul by Al-Wahidi (Revelational Circumstance's of verse 4:34)

Fakhr ad-Din ar-Razi(1150 – 1209)

ثُمَّ قالَ تَعالى: ﴿فَعِظُوهُنَّ واهْجُرُوهُنَّ في المَضاجِعِ واضْرِبُوهُنَّ﴾ وفِيهِ مَسائِلُ:

المَسْألَةُ الأُولى: قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: أمّا الوَعْظُ فَإنَّهُ يَقُولُ لَها: اتَّقِي اللَّهَ، فَإنَّ لِي عَلَيْكِ حَقًّا وارْجِعِي عَمّا أنْتِ عَلَيْهِ، واعْلَمِي أنَّ طاعَتِي فَرْضٌ عَلَيْكِ. ونَحْوُ هَذا، ولا يَضْرِبُها في هَذِهِ الحالَةِ؛ لِجَوازِ أنْ يَكُونَ لَها في ذَلِكَ كِفايَةٌ، فَإنْ أصَرَّتْ عَلى ذَلِكَ النُّشُوزِ، فَعِنْدَ ذَلِكَ يَهْجُرُها في المَضْجَعِ وفي ضِمْنِهِ امْتِناعُهُ مِن كَلامِها، وقالَ الشّافِعِيُّ - رَضِيَ اللَّهُ تَعالى عَنْهُ -: ولا يَزِيدُ في هَجْرِهِ الكَلامَ ثَلاثًا، وأيْضًا فَإذا هَجَرَها في المَضْجَعِ فَإنْ كانَتْ تُحِبُّ الزَّوْجَ شَقَّ عَلَيْها، فَتَتْرُكُ النُّشُوزَ، وإنْ كانَتْ تُبْغِضُهُ وافَقَها ذَلِكَ الهِجْرانُ، فَكانَ ذَلِكَ دَلِيلًا عَلى كَمالِ نُشُوزِها، وفِيهِمْ مَن حَمَلَ ذَلِكَ عَلى الهِجْرانِ في المُباشَرَةِ؛ لِأنَّ إضافَةَ ذَلِكَ إلى المَضاجِعِ يُفِيدُ ذَلِكَ، ثُمَّ عِنْدَ هَذِهِ الهِجْرَةِ إنْ بَقِيَتْ عَلى النُّشُوزِ ضَرَبَها. قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: والضَّرْبُ مُباحٌ، وتَرْكُهُ أفْضَلُ. «رُوِيَ عَنْ عُمَرَ بْنِ الخَطّابِ - رَضِيَ اللَّهُ عَنْهُ - أنَّهُ قالَ: كُنّا مَعاشِرَ قُرَيْشٍ تَمْلِكُ رِجالُنا نِساءَهم، فَقَدِمْنا المَدِينَةَ فَوَجَدْنا نِساءَهم تَمْلِكُ رِجالَهم، فاخْتَلَطَتْ نِساؤُنا فَذَئِرْنَ عَلى أزْواجِهِنَّ، أيْ نَشَزْنَ واجْتَرَأْنَ، فَأتَيْتُ النَّبِيَّ ﷺ فَقَلْتُ لَهُ: ذَئِرَتِ النِّساءُ عَلى أزْواجِهِنَّ، فَأذِنَ في ضَرْبِهِنَّ، فَطافَ بِحُجَرِ نِساءِ النَّبِيِّ ﷺ جَمْعٌ مِنَ النِّسْوانِ كُلُّهُنَّ يَشْكُونَ أزْواجَهُنَّ، فَقالَ ﷺ: ”لَقَدْ أطافَ اللَّيْلَةَ بِآلِ مُحَمَّدٍ سَبْعُونَ امْرَأةً كُلُّهُنَّ يَشْكُونَ أزْواجَهُنَّ، ولا تَجِدُونَ أُولَئِكَ خِيارَكم» “ ومَعْناهُ أنَّ الَّذِينَ ضَرَبُوا أزْواجَهم لَيْسُوا خَيْرًا مِمَّنْ لَمْ يَضْرِبُوا. قالَ الشّافِعِيُّ - رَضِيَ اللَّهُ عَنْهُ -: فَدَلَّ هَذا الحَدِيثُ عَلى أنَّ الأوْلى تَرْكُ الضَّرْبِ، فَأمّا إذا ضَرَبَها وجَبَ في ذَلِكَ الضَّرْبِ أنْ يَكُونَ بِحَيْثُ لا يَكُونُ مُفْضِيًا إلى الهَلاكِ البَتَّةَ، بِأنْ يَكُونَ مُفَرَّقًا عَلى بَدَنِها، ولا يُوالِي بِهِ في مَوْضِعٍ واحِدٍ، ويَتَّقِي الوَجْهَ؛ لِأنَّهُ مَجْمَعُ المَحاسِنِ، وأنْ يَكُونَ دُونَ الأرْبَعِينَ. ومِن أصْحابِنا مَن قالَ: لا يَبْلُغُ بِهِ عِشْرِينَ؛ لِأنَّهُ حَدٌّ كامِلٌ في حَقِّ العَبْدِ، ومِنهم مَن قالَ: يَنْبَغِي أنْ يَكُونَ الضَّرْبُ بِمِندِيلٍ مَلْفُوفٍ أوْ بِيَدِهِ، ولا يَضْرِبُها بِالسِّياطِ ولا بِالعَصا، وبِالجُمْلَةِ فالتَّخْفِيفُ مُراعى في هَذا البابِ عَلى أبْلَغِ الوُجُوهِ. وأقُولُ: الَّذِي يَدُلُّ عَلَيْهِ أنَّهُ تَعالى ابْتَدَأ بِالوَعْظِ، ثُمَّ تَرَقّى مِنهُ إلى الهِجْرانِ في المَضاجِعِ، ثُمَّ تَرَقّى مِنهُ إلى الضَّرْبِ، وذَلِكَ تَنْبِيهٌ يَجْرِي مَجْرى التَّصْرِيحِ في أنَّهُ مَهْما حَصَلَ الغَرَضُ بِالطَّرِيقِ الأخَفِّ وجَبَ الِاكْتِفاءُ بِهِ، ولَمْ يَجُزِ الإقْدامُ عَلى الطَّرِيقِ الأشَقِّ، واللَّهُ أعْلَمُ.

Then the most high (Allah) said: “admonish them (the women) and expel them from the bedrooms and beat them” and these are the relevant issues for this verse: The first issue: Shafi’i, may Allah be pleased with him, said: as for admonishment this is what’s said of it:(to the wife) trust Allah, for I have right over you, and return to your business, and know that obeying me is a duty for you. And as for this, he (the husband) doesn’t hit her in this case; it is permissible that this be enough for her. Yet if she continues to insist on her disobedience, at that time expel her from the bedroom, and this could include refusing to speak to her. Shafi’i, may Allah be pleased with him, said: “expelling her from the bedroom should not happen more than three times, for if she is expelled from the bedroom and she loves him it will be hard on her and she will leave her disobedience, and if she hates him and is fine with her removal from the bedroom, then this is total proof of her disobedience.” And amongst them (the scholars) are those who who see the change in her attitude happening with only the first time; because the addition of that (not talking) to expelling her from the bedroom aids that (getting her not to be disobedient). Thus after this expelling from the bedroom if she remains disobedient beat her. Shafi’i, may Allah be pleased with him, said “Beating is allowed, but leaving/avoiding it is better.” (Citing a hadith) “It was reported by ‘Umar bin Al-Khatab, may Allah be pleased with him, said that when we were in the society of the Quraysh they used to rule their women, but when we came to Medina the women were ruling their men, then on account of this our women got confused and got angry at their husbands, ie they got uppity and rebellious. So I came to the prophet, peace and prayers of Allah be upon him, and I said to him ‘the women have risen up against their men’ and so he gave permission to beat them. Later, a gathering of the women came and loitered about the quarters of the wives of the prophet, complaining of their husbands. Then later the prophet, peace and prayers of Allah be upon him, said ’70 women spent the night at the house of Muhammad complaining of their husbands, and you will not find amongst them best of men.’ And its meaning is that those men that beat their wives are not better than those who do not beat their wives. And this hadith points to the idea that the first choice, if possible, must be to leave beating of the wife. However, if it proves necessary to beat the wife, it must not be conducive to causing no grievous damage to her or destroying her. This means this it should be spread over different parts of the body, not all concentrated in one place, and the face should be protected, and out of good conduct it should consist of less than forty (blows). And amongst our companions some have said: “It ought not to reach 20 (blows)” because that is the limit for slaves. And others have said “the blow should be with a wrapped handkerchief or a hand, and not with a whip or stick.” And in general the aforementioned sentence takes reduction into account in the most eloquent fashion. And I say: That which shows that the most high (Allah) began with admonishment, then moved to expelling from the bedroom, then to beating, this is a clear warning that paints a clear path that showing that whatever happens, the goal is to set foot upon the lighter path and it is a necessity to follow this path, and it’s not permitted to step upon the harsher path. And Allah knows best.


Tafsir of Fakhr ad-Din ar-Razi on Qur'an 4:34

ibn Kathir (1300-1373)

وَاضْرِبُوهُنَّ

(beat them) means, if advice and ignoring her in the bed do not produce the desired results, you are allowed to discipline the wife, without severe beating. Muslim recorded that Jabir said that during the Farewell Hajj, the Prophet said; «وَاتَّقُوا اللهَ فِي النِّسَاءِ، فَإِنَّهُنَّ عِنْدَكُمْ عَوَانٍ، وَلَكُمْ عَلَيْهِنَّ أَنْ لَا يُوطِئْنَ فُرُشَكُمْ أَحَدًا تَكْرَهُونَهُ،فَإِنْ فَعَلْنَ ذَلِكَ فَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِحٍ، وَلَهُنَّ عَلَيْكُمْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوف» (Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat. However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner.) Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe. When the Wife Obeys Her Husband, Means of Annoyance Against Her are Prohibited Allah said, فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلاً (but if they return to obedience, seek not against them means (of annoyance),) meaning, when the wife obeys her husband in all that Allah has allowed, then no means of annoyance from the husband are allowed against his wife. Therefore, in this case, the husband does not have the right to beat her or shun her bed. Allah's statement, إِنَّ اللَّهَ كَانَ عَلِيّاً كَبِيراً

(Surely, Allah is Ever Most High, Most Great.) reminds men that if they transgress against their wives without justification, then Allah, the Ever Most High, Most Great, is their Protector, and He will exert revenge on those who transgress against their wives and deal with them unjustly.
Tafsir of ibn Kathir on Qur'an 4:34

Al-Jalalayn (the two Jalals) (1389–1460 & 1445–1505)

Men are in charge of, they have authority over, women, disciplining them and keeping them in check, because of that with which God has preferred the one over the other, that is, because God has given them the advantage over women, in knowledge, reason, authority and otherwise, and because of what they expend, on them [the women], of their property. Therefore righteous women, among them, are obedient, to their husbands, guarding in the unseen, that is, [guarding] their private parts and otherwise during their spouses’ absence, because of what God has guarded, for them, when He enjoined their male spouses to look after them well. And those you fear may be rebellious, disobedient to you, when such signs appear, admonish them, make them fear God, and share not beds with them, retire to other beds if they manifest such disobedience, and strike them, but not violently, if they refuse to desist [from their rebellion] after leaving them [in separate beds]. If they then obey you, in what is desired from them, do not seek a way against them, a reason to strike them unjustly. God is ever High, Great, so beware of Him, lest He punish you for treating them unjustly.
Tafsir of Al-Jalalayn (the two Jalals, 1389–1460 and 1445–1505) on Qur'an 4:34

Al-Qurtubi (1214-1272)

Men are the maintainers of women because Allah has made some of them to excel others

They provide for them, and from men come out rulers; princes & warriors, whereas this is not found among women.

This verse was revealed because Sa’ad ibn Al Rabee’a slapped his wife Habibah bint Zaid after she deserted him. After which, her father said: O’ Messenger of Allah, I gave him my daughter (as a bed spread for him) but he slapped her. Then the messenger said: let us judge her husband. So she left with her father seeking judgment. But then the messenger said: come back, this is the angel Gabriel has come down to me. Then Allah revealed: (we willed something but Allah willed another). And in another story: (I willed something, but Allah willed something better).

It was told that due to this incident, Sura 20:114 "…and do not make haste with the Quran before its revelation is made complete to you…" Was revealed.

Abu Raouq said: this verse was revealed because of Jamilah bint Obey and her husband Thabit bin Qais. Al Kalby said: it was revealed because of Omayrah bint Muhammad bin Muslamah and her husband Sa’ad bin Al Rabee’a…Allah has revealed that the reason why men are excelled over women because men are the providers, and hence women will benefit from that. It is also said: men are excelled over women because they have more brain ability…

and (as to) those on whose part you fear desertion

If the wife hates and desert her husband

Admonish them

By using Allah’s scripture. It means to remind them of their duties, toward their husbands, which were ordained to them by Allah. The prophet of Allah (saw) said: (if I was to order someone to prostrate to another person, I would have ordered the wife to prostrate to her husband)

and leave them alone in the sleeping-places

Ibn Masud said: it is the intercourse. As said Ibn Abbas and others.

I (Al Qurtubi) said, it is a good thing; since if she loves her husband then this abandonment will be hard on her. But if she despises him, then her disobedient attitude towards him will become the more clearer.

Ibn Abbas said: to leave them alone is to tie them up in their homes just as you would tie your ride. And this is Al Tabari’s own view on this. However, Judge Abu Bakr bin Al Araby renounced Al Tabari’s interpretation on the ground of tying the wife, as he believe that Al Tabari based his view on a strange hadith regarding Asma’ the daughter of Abu Bakr who was married to Al Zubair bin Al Awaam. She used to leave her home often until people began to gossip and fault her husband for that, As a result, Al Zubair blamed his second wife for this and tied Asma’s hair and the hair of his second wife together, then he beat both of them up very severely.

This abandonment is believed by many scholars to be around a period of one month.

and beat them

Allah ordered that men begin by admonishing their wives as a first step, then abandonment, then beating if they refused to repent. This is because men are responsible to straighten their wives up. The beating mentioned in this verse has to do with the kind that is not severe and used for discipline. The kind that does not break the bone. However, it is not a crime if it leads to death. In the same manner a disciplinary will beat his son or student to teach him the Quran and manners.

In a hadith in Sahih Muslim the Prophet said: (fear Allah with your wives. You were given them by Allah’s provision, and you were entrusted with their private parts by Allah’s word. You have the right that they do not allow anyone you dislike into your bed, but if they do, then beat them but not severely) the hadith. It was narrated on the authority of Jabir Al Taweel during Hajj. This means that they should not allow anyone into your home that you dislike whether relatives or foreign women.

Al Tirmithi reported that Amro bin Al Ahwas had attended the Farewell Hajj and heard the messenger of Allah say: "Lo! My last recommendation to you is that you should TREAT WOMEN WELL. Truly they are your helpmates, and you have no right over them beyond that - EXCEPT IF THEY COMMIT A MANIFEST INDECENCY (fahisha mubina = adultery). If they do, then refuse to share their beds and beat them WITHOUT INDECENT VIOLENCE (fadribuhunna darban ghayra mubarrih*). Then, if they obey you, do not show them hostility any longer. Lo! you have a right over your women and they have a right over you. Your right over your women is that they not allow whom you hate to enter your bed nor your house. While their right over them is that you treat them excellently in their garb and provision."

Atta asked Ibn Abbas: what is the non severer beating. Ibn Abbas answered: using a small stick or the like.

It was reported also that Omar beat his wife and said, I heard the messenger of Allah say: (No man should be asked why he beat his wife).

You need to know that Allah did not allow for beating in his book except in this situation and when the major sins have been committed. Therefore, Allah has made the disobedient of wives equivalent to the commitment of major sins.

And Allah granted this privilege to the husbands over the Islamic authorities (Rulers), and allowed it for them without the need for a judge or witnesses or evidences. They were allowed this because they were entrusted by Allah to handle to take care of their wives.

Al Muhallab said: the permission was given to beat the wives when they refuse to sleep with their husbands. By comparison, if she refuses to serve him too then he is permitted to beat her too.

Her disobedient and refusal to sleep with her husband is a ground for the husband to deny her her allowance and all of her spousal rights, along with that, the husband is allowed to admonish her; refuse to sleep with her; and to beat her. But if she repented, then all of her rights will be reinstituted. The prophet (saw) said: (Allah’s mercy is on the man who hang his beating lash (stick) and disciplined his wife).
Tafsir of Al-Qurtubi on Qur'an 4:34

Modern Tafsirs

As-Sa'di (1889-1956)

يخبر تعالى أن الرِّجَال قَوَّامُونَ عَلَى النِّسَاءِ أي: قوامون عليهن بإلزامهن بحقوق الله تعالى، من المحافظة على فرائضه وكفهن عن المفاسد، والرجال عليهم أن يلزموهن بذلك، وقوامون عليهن أيضا بالإنفاق عليهن، والكسوة والمسكن، ثم ذكر السبب الموجب لقيام الرجال على النساء فقال: بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ أي: بسبب فضل الرجال على النساء وإفضالهم عليهن، فتفضيل الرجال على النساء من وجوه متعددة: من كون الولايات مختصة بالرجال، والنبوة، والرسالة، واختصاصهم بكثير من العبادات كالجهاد والأعياد والجمع.

وبما خصهم الله به من العقل والرزانة والصبر والجلد الذي ليس للنساء مثله. وكذلك خصهم بالنفقات على الزوجات بل وكثير من النفقات يختص بها الرجال ويتميزون عن النساء. ولعل هذا سر قوله: وَبِمَا أَنْفَقُوا وحذف المفعول ليدل على عموم النفقة. فعلم من هذا كله أن الرجل كالوالي والسيد لامرأته، وهي عنده عانية أسيرة خادمة،فوظيفته أن يقوم بما استرعاه الله به. ووظيفتها: القيام بطاعة ربها وطاعة زوجها فلهذا قال: فَالصَّالِحَاتُ قَانِتَاتٌ أي: مطيعات لله تعالى حَافِظَاتٌ لِلْغَيْبِ أي: مطيعات لأزواجهن حتى في الغيب تحفظ بعلها بنفسها وماله، وذلك بحفظ الله لهن وتوفيقه لهن، لا من أنفسهن، فإن النفس أمارة بالسوء، ولكن من توكل على الله كفاه ما أهمه من أمر دينه ودنياه. ثم قال: وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ أي: ارتفاعهن عن طاعة أزواجهن بأن تعصيه بالقول أو الفعل فإنه يؤدبها بالأسهل فالأسهل، فَعِظُوهُنَّ أي: ببيان حكم الله في طاعة الزوج ومعصيته والترغيب في الطاعة، والترهيب من معصيته، فإن انتهت فذلك المطلوب، وإلا فيهجرها الزوج في المضجع، بأن لا يضاجعها، ولا يجامعها بمقدار ما يحصل به المقصود، وإلا ضربها ضربًا غير مبرح، فإن حصل المقصود بواحد من هذه الأمور وأطعنكم فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا أي: فقد حصل لكم ما تحبون فاتركوا معاتبتها على الأمور الماضية، والتنقيب عن العيوب التي يضر ذكرها ويحدث بسببه الشر.

The most high (Allah) informs us that men are in charge over women, ie, in charge of them due to the necessity imposed by the rights that Allah has bestowed, for maintaining his statutes and avoiding their corruption, and men are charged with this, and they are also in charge of their provision, their needs and housing. Then (Allah) mentioned the reason why leadership of women by men has been granted, saying: “in what Allah has favored them over the other and in what they have provisioned for them from their wealth” ie because men have been favored over women and his preference for them. Men are favored (by Allah) for many reasons: because of the special state of existence of men, prophethood, apostleship, and their specialization in many types of worship such as jihad and Friday prayers, and also in what Allah has specified for men in terms of their (superior) minds, poise, patience, and constitution which are not possessed by women like men. And likewise his specification of men as the provisioners of their wives and he also posses many of the provisions which are specialized in by men and in which men are superior to women. Although this is the secret of Allah’s saying: “in what they spend in provisioning (of the women)” and the lack of a direct object for the verb here points to the general necessity of this provisioning. And we know from all of this that the man is the guardian and the master of his woman, and she is for him subservient, a prisoner, a servant, and his (the man’s) duty is to engage in what Allah has guided him to do. And as for her duty: it is to engage in obedience to her Lord and to her husband and for this the Lord said: “the righteous women, the obedient women” meaning obedient to Allah most high “guarding the unseenness” meaning obeying their husband when he is not there and guarding her husband with herself and her wealth, and this is what causes Allah to give the women safety and success, not their selves, for the self is a source of evil but whosoever depends upon Allah, Allah will give him sufficiency for his needs in his religion and in his world. Then Allah said “and those whom you fear from them disobedience” meaning their refusal to obey their husbands by disobeying them in word and deed, and for this he disciplines her in the easiest manner possible. And should this come to an end by necessity, he will either expel her from the bedroom, and if he does not sleep with her it means refraining from sex with her, and will attempt to achieve his goals with these steps. Otherwise, he will beat her, lightly. And if he achieves what he is seeking via these means and the follow what you say "do not seek a way against them" for you have achieved what you sought so leave what's in the past in the past, and bury the shames that harm the memory and happen because of evil.


Tafsir of As-Sa'di on Qur'an 4:34

Abul A'la Al-Maududi (1903-1979)

The Arabic word qawam or qawam stands for a person who is responsible for the right conduct, safeguard and maintenance of the affairs of an individual, an institution or an organization. Thus, than is governor, director, protector and manager of the affairs of women.

Men are superior to women in the sense that they have been endowed with certain natural qualities and powers that have not been given to women or have been given in a less degree, and not in the sense that they are above them in honor and excellence. Man has been made qawam (governor) of the family because of his natural qualities and woman has been made his dependent for her own safety and protection because of her natural drawbacks. A tradition of the Holy Prophet is the best commentary on this, He said, "The best wife is the one who pleases you when you see her; who obeys your orders and who guards your property and her own honor when you are not at home. " In this connection, it is necessary to give a warning. Obedience to Allah is of far greater importance than obedience to the husband and has precedence over it. 'therefore, it is the duty of the wife to refuse to obey her husband, if and when he orders her to do a thing which amounts to Allah's disobedience. In that case it shall be a sin to obey him. On the contrary, if the husband orders her not to observe a certain voluntary religious devotion, she must obey him, otherwise her devotion will not be accepted. If the wife is defiant and does trot obey her husband or does not guard his rights, three measures have been mentioned, but it does not mean that all the three are to be taken at one and the same time. Though these have been permitted, they are to be administered with a sense of proportion according to the nature and extent of the offense. if a mere light admonition proves effective, there is no need to resort to a severer step. As to a beating, the Holy Prophet allowed it very reluctantly and even then did not like it. But the fact is that there are certain women who do not mend their ways without a beating. In such a case, the Holy Prophet has instructed that she would not be beaten on the face, or cruelly, or with anything which might leave a mark on the body. "The two sides" refers both to the arbiters and to the spouses. Reconciliation can be effected in every quarrel, if the parties concerned desire it and if the arbiters try to effect it sincerely and justly. In this verse, a plan has been put forward for settling disputes between husband and wife within the family. An effort should be made to effect a reconciliation before resorting to a court of law or making the final breach. The plan is to appoint one arbiter from the family of each spouse for this purpose. The two should probe into the real cause or causes of the dispute and then try to find a way out of it. Of course, the relatives are best qualified for it, knowing as they do the true conditions of the spouses. Allah has left it unanswered as to who should appoint the arbiters so that each spouse may appoint one arbiter from his or her relatives, if they desire to patch up their differences, or the leaders of the two families may take the initiative and entrust the work of reconciliation to two arbiters, or if the case goes to the court, it may appoint two arbiters before taking any action. There is a difference of opinion regarding the powers of the arbiters. According to the Hanafi and the Shafi `i schools of thought, the arbiters are not authorized to pass any final decree but may recommend measures for reconciliation, which tray be accepted or rejected by the spouses. Of course, if the spouses themselves authorize them to effect divorce or khula' or take any other measure, then they shall be bound to accept their decision. Hasan Basri, Qatadah and some other jurists are of the opinion that the arbiters are authorized to enforce reconciliation but not separation. Ibn `Abbas, Said bin Jubair, Ibrahim Nakha 'i, Sha 'bi, Muhammad bin Sirin and some other jurists are of the opinion that the arbiters have full authority to enforce their decision about reconciliation or separation whichever they consider to be proper.

Caliph Uthman and Caliph 'Ali used to authorize the arbiters appointed by theta with full powers to effect reconciliation or separation as required by the circumstances. For instance, when the case of 'Aqil, son of Abu Talib, and his wife Fatimah, daughter of 'Utbah bin Rabi'ah, was brought in the court of Caliph Uthman, he appointed as arbiter Ibn 'Abbas from the family of the husband and Mu'aviyah bin Abi Sufyan from the family of the wife and told them that they ware authorized to cause separation between them, if required by circumstances. Likewise, Caliph `Ali appointed arbiters in a similar case and authorized them to effect reconciliation between the spouses or separate them. This shows that the arbiters as such do not possess judicial powers, but if at the tithe of their appointment, the authority concerned empowers them with judicial powers, their decision shall be binding and enforced like other judicial decisions.
Tafsir of Maududi on Qur'an 4:34

At-Tantawi (1928-2010)

روى المفسرون روايات في سبب نزول قوله- تعالى- الرِّجالُ قَوَّامُونَ عَلَى النِّساءِ الآية.

ومن هذه الروايات ما ذكره القرطبي من أنها نزلت في سعد بن الربيع نشزت عليه امرأته حبيبة بنت زيد بن خارجة بن أبى زهير فلطمها فقال أبوها: يا رسول الله، أفرشته كريمتي فلطمها. فقال صلى الله عليه وسلم (لتقتص من زوجها) . فانصرفت مع أبيها لتقتص منه. فقال- عليه الصلاة والسلام- «ارجعوا هذا جبريل أتانى» فأنزل الله هذه الآية . وقوله قَوَّامُونَ جمع قوام على وزن فعال للمبالغة من القيام على الشيء وحفظه. يقال: قام فلان على الشيء وهو قائم عليه وقوام عليه، إذا كان يرعاه ويحفظه ويتولاه. ويقال: هذا قيم المرأة وقوامها للذي يقوم بأمرها ويهتم بحفظها وإصلاحها ورعاية شئونها. أى: الرجال يقومون على شئون النساء بالحفظ والرعاية والنفقة والتأديب وغير ذلك مما تقتضيه مصلحتهن. ثم ذكر- سبحانه- سببين لهذه القوامة. أولهما: وهبى وقد بينه بقوله: بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ. أى أن حكمة الله اقتضت أن يكون الرجال قوامين على النساء بسبب ما فضل الله به الرجال على النساء من قوة في الجسم، وزيادة في العلم، وقدرة على تحمل أعباء الحياة وتكاليفها وما يستتبع ذلك من دفاع عنهن إذا ما تعرضن لسوء. قال الفخر الرازي: واعلم أن فضل الرجال على النساء حاصل من وجوه كثيرة: بعضها صفات حقيقية وبعضها أحكام شرعية. أما الصفات الحقيقية فاعلم أن الفضائل الحقيقية يرجع حاصلها إلى أمرين. إلى العلم وإلى القدرة. ولا شك أن عقول الرجال وعلومهم أكثر. ولا شك أن قدرتهم على الأعمال الشاقة أكمل، فلهذين السببين حصلت الفضيلة للرجال على النساء في العقل والحزم والقوة. وإن منهم الأنبياء والعلماء، وفيهم الإمامة الكبرى والصغرى والجهاد، والأذان، والخطبة، والولاية في النكاح. فكل ذلك يدل على فضل الرجال على النساء» . والمراد بالتفضيل في قوله بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ تفضيل الجنس على الجنس لا تفضيل الآحاد على الآحاد. فقد يوجد من النساء من هي أقوى عقلا وأكثر معرفة من بعض الرجال. والباء للسببية، وما مصدرية، والبعض الأول المقصود به الرجال والبعض الثاني المقصود به النساء، والضمير المضاف إليه البعض الأول يقع على مجموع الفريقين على سبيل التغليب. وقال- سبحانه- بِما فَضَّلَ اللَّهُ بَعْضَهُمْ عَلى بَعْضٍ ولم يقل- مثلا-: بما فضلهم الله عليهن، للإشعار بأن الرجال من النساء والنساء من الرجال كما قال في آية أخرى بَعْضُكُمْ مِنْ بَعْضٍ وللإشارة إلى أن هذا التفضيل هو لصالح الفريقين، فعلى كل فريق منهم أن يتفرغ لأداء المهمة التي كلفه الله بها بإخلاص وطاعة حتى يسعد الفريقان. وأما السبب الثاني: فهو كسبي وقد بينه- سبحانه- بقوله: وَبِما أَنْفَقُوا مِنْ أَمْوالِهِمْ. أى أن الله- تعالى- جعل الرجال قوامين على النساء بسبب ما فضل الله به الرجال على النساء من علم وقدرة. وبسبب ما ألزم به الرجال من إنفاق على النساء ومن تقديم المهور لهن عند الزواج بهن، ومن القيام برعايتهن وصيانتهن. قال الآلوسى: واستدل بالآية على أن للزوج تأديب زوجته ومنعها من الخروج. وأن عليها طاعته إلا في معصية الله- تعالى-. وفي الخبر «لو أمرت أحدا أن يسجد لأحد لأمرت المرأة أن تسجد لزوجها» . واستدل بها أيضا من أجاز فسخ النكاح عند الإعسار عن النفقة والكسوة. وهو مذهب مالك والشافعى، لأنه إذا خرج عن كونه قواما عليها فقد خرج عن الغرض المقصود بالنكاح. وعندنا لا فسخ لقوله- تعالى: وَإِنْ كانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلى مَيْسَرَةٍ. واستدل بها أيضا من جعل للزوج الحجر على زوجته في نفسها وما لها فلا تتصرف فيه إلا بإذنه، لأنه- سبحانه- جعل الرجل قواما بصيغة المبالغة. وهو الناظر على الشيء الحافظ له» . ثم شرع- سبحانه- في تفصيل أحوال النساء. وفي بيان كيفية القيام عليهن بحسب اختلاف أحوالهن، فقسمهن إلى قسمين:فقال في شأن القسم الأول: فَالصَّالِحاتُ قانِتاتٌ حافِظاتٌ لِلْغَيْبِ بِما حَفِظَ اللَّهُ. أى: فالصالحات من النساء من صفاتهن أنهن قانِتاتٌ أى مطيعات لله- تعالى ولأزواجهن عن طيب نفس واطمئنان قلب، ومن صفاتهن كذلك أنهن حافِظاتٌ لِلْغَيْبِ بِما حَفِظَ اللَّهُ. قال صاحب الكشاف: الغيب خلاف الشهادة. أى حافظات لمواجب الغيب. إذا كان الأزواج غير شاهدين لهن، حفظن ما يجب عليهن حفظه في حال الغيبة من الفروج والأموال والبيوت. وعن النبي صلى الله عليه وسلم أنه قال. «خير النساء امرأة إن نظرت إليها سرتك، وإن أمرتها أطاعتك، وإذا غبت عنها حفظتك في مالها ونفسها» ، ثم تلا الآية الكريمة . و «ما» في قوله بِما حَفِظَ اللَّهُ يحتمل أن تكون مصدرية فيكون المعنى: أن هؤلاء النساء الصالحات المطيعات من صفاتهن أيضا أنهن يحفظن في غيبة أزواجهن ما يجب حفظه بسبب حفظ الله لهن ورعايته إياهن بالتوفيق للعمل الذي يحبه ويرضاه. ويحتمل أن تكون موصولة فيكون المعنى: أنهن حافظات لغيبة أزواجهن في النفس والعرض والمال وكل ما يجب حفظه بسبب الأمر الذي حفظه الله لهن على أزواجهن حيث كلف الأزواج بالإنفاق عليهن وبالإحسان إليهن، فعليهن أن يحفظن حقوق أزواجهن في مقابلة الذي حفظه الله لهن من حقوق على أزواجهن. فالجملة الكريمة تمدح النساء الصالحات المطيعات الحافظات لأسرار أزواجهن ولكل ما يجب حفظه من عرض أو مال أو غير ذلك مما تقتضيه الحياة الزوجية. هذا هو القسم الأول من النساء، أما القسم الثاني فقد قال- سبحانه- في شأنه: وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ وَاضْرِبُوهُنَّ والمراد بقوله نُشُوزَهُنَّ عصيانهن وخروجهن عما توجبه الحياة الزوجية من طاعة الزوجة لزوجها. يقال: نشزت الزوجة نشوزا أى: عصت زوجها وامتنعت عليه. وأصل النشوز مأخوذ من النشز بمعنى الارتفاع في وسط الأرض السهلة المنبسطة ويكون شاذا فيها. فشبهت المرأة المتعالية على طاعة زوجها بالمرتفع من الأرض. والمعنى: هذا شأن النساء الصالحات القانتات الحافظات للغيب بسبب حفظ الله لهن، أما النساء اللاتي تخافون نُشُوزَهُنَّ أى عصيانهن لكم، وترفعهن عن مطاوعتكم، وسوء عشرتهن فَعِظُوهُنَّ بالقول الذي يؤثر في النفس، ويوجههن نحو الخير والفضيلة، بأن تذكروهن بحسن عاقبة الطاعة للزوج. وسوء عاقبة النشوز والمعصية، وبأن تسوقوا لهن من تعاليم الإسلام وآدابه وتوجيهاته ما من شأنه أن يشفى الصدور، ويهدى النفوس إلى الخير. قال ابن كثير: وقوله- تعالى-: وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ أى النساء اللاتي تخافون أن ينشزن على أزواجهن فعظوهن. والنشوز هو الارتفاع فالمرأة الناشز هي المرتفعة على زوجها التاركة لأمره، المعرضة عنه المبغضة له، فمتى ظهر له منها أمارات النشوز فليعظها وليخوفها عقاب الله، فإن الله قد أوجب حق الزوج عليها وطاعته، وحرم عليها معصيته لماله عليها من الفضل، وقد قال رسول الله صلى الله عليه وسلم: «لو كنت آمرا أحدا أن يسجد لأحد لأمرت الزوجة أن تسجد لزوجها من عظم حقه عليها» . وقوله وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ أى وعليكم إذا لم تنفع الموعظة والنصيحة معهن أن تتركوهن منفردات في أماكن نومهن. فالمضاجع جمع مضجع- وهو مكان النوم والاضطجاع. قال القرطبي: والهجر في المضجع هو أن يضاجعها- أى ينام معها في فراش واحد- ويوليها ظهره ولا يجامعها. وقال مجاهد: وَاهْجُرُوهُنَّ فِي الْمَضاجِعِ أى تجنبوا مضاجعهن أى- اهجروا أماكن نومهن بأن تناموا بعيدا عنهن-» . روى أبو داود بسنده عن معاوية بن حيدة القشيري أنه قال: يا رسول الله: ما حق زوجة أحدنا عليه؟ قال: أن تطعمها إذا طعمت، وتكسوها إذا اكتسيت ولا تضرب الوجه. ولا تقبح. ولا تهجر إلا في البيت» . وقوله وَاضْرِبُوهُنَّ معطوف على ما قبله. أى إن لم ينفع ما فعلتم من العظة والهجران فاضربوهن ضربا غير مبرح- أى غير شديد ولا مشين- فقد ثبت في صحيح مسلم عن جابر عن النبي صلى الله عليه وسلم أنه قال في حجة الوداع» : واتقوا الله في النساء فإنهن عوان عندكم- أى أسيرات عندكم- ولكم عليهن أن لا يوطئن فرشكم أحدا تكرهونه. فإن فعلن فاضربوهن ضربا غير مبرح» . وقد فسر العلماء الضرب غير المبرح بأنه الذي لا يكسر عظما، ولا يشين جارحة، وأن يتقى الوجه فإنه مجمع المحاسن ولا يلجأ إليه إلا عند فشل العلاجين السابقين. وقد قال- سبحانه- وَاللَّاتِي تَخافُونَ نُشُوزَهُنَّ ولم يقل: واللائي ينشزن، للإشعار بأن يبدأ الزوج بعلاج عيوب زوجته عند ما تظهر أمارات هذه العيوب وعلاماتها وأن لا يتركها حتى تستشرى وتشتد، بل عليه عند ما يخشى النشوز أن يعالجه قبل أن يقع، وأن يكون علاجه بطريقة حكيمة من شأنها أن تقنع وتفيد. وبعضهم فسر الخوف، بالعلم أى واللاتي تعلمون نشوزهن فعظوهن . . . إلخ. وبعضهم قدر مضافا في الكلام أى: واللاتي تخافون دوام نشوزهن، فعظوهن واهجروهن في المضاجع . . . إلخ. وبعضهم قدر معطوفا محذوفا أى: واللاتي تخافون نشوزهن ونشزن، فعظوهن واهجروهن في المضاجع . . . إلخ. وجمهور العلماء على أن من الواجب على الزوج أن يسلك في معالجته لزوجته تلك الأنواع الثلاثة على الترتيب بأن يبدأ بالوعظ ثم بالهجر ثم بالضرب، لأن الله- تعالى- قد أمر بذلك، ولأنه قد رتب هذه العقوبات بتلك الطريقة الحكيمة التي تبدأ بالعقوبة الخفيفة ثم تتدرج إلى العقوبة الشديدة ثم إلى الأكثر شدة. قال الفخر الرازي: وبالجملة فالتخفيف مراعى في هذا الباب على أبلغ الوجوه. والذي يدل عليه اللفظ أنه- تعالى- ابتدأ بالوعظ. ثم ترقى منه إلى الضرب. وذلك تنبيه يجرى مجرى التصريح في أنه متى حصل الغرض بالطريق الأخف، وجب الاكتفاء به، ولم يجز الإقدام على الطريق الأشق. وهذه طريقة من قال: حكم هذه الآية مشروع على الترتيب. وقال بعض أصحابنا: «تحرير المذهب أن له عند خوف النشوز أن يعظها، وهل له أن يهجرها؟ فيه احتمال. وله عند إبداء النشوز أن يعظها أو يهجرها، أو يضربها» . ثم بين- سبحانه- ما يجب على الرجال نحو النساء إذا ما أطعنهم وتركن النشوز والعصيان فقال- تعالى-: فَإِنْ أَطَعْنَكُمْ فَلا تَبْغُوا عَلَيْهِنَّ سَبِيلًا إِنَّ اللَّهَ كانَ عَلِيًّا كَبِيراً. أى فإن رجعن عن النشوز إلى الطاعة وانقدن لما أوجب الله عليهن نحوكم أيها الرجال، فلا تطلبوا سبيلا وطريقا إلى التعدي عليهن، أو فلا تظلموهن بأى طريق من طرق الظلم كأن تؤذوهن بألسنتكم أو بأيديكم أو بغير ذلك، بل اجعلوا ما كان منهن كأنه لم يكن، وحاولوا التقرب إليهن بألوان المودة والرحمة. إِنَّ اللَّهَ كانَ عَلِيًّا كَبِيراً فاحذروا مخالفة أمره، فإن قدرته- سبحانه- عليكم أعظم من قدرتكم على نسائكم. فالجملة الكريمة تذييل قصد به حث الأزواج على قبول توبة النساء، وتحذيرهم من ظلمهن إذا ما تركن النشوز، وعدن إلى طريق الطاعة والإنابة. قال بعضهم: وذكر هاتين الصفتين في هذا الموضع في غاية الحسن، وبيانه من وجوه:الأول: أن المقصود منه تهديد الأزواج على ظلم النساء. والمعنى: أنهن إن ضعفن عن دفع ظلمكم وعجزن عن الانتصاف منكم، فالله- سبحانه- ينتصف لهن منكم لأنه علىّ قاهر كبير. الثاني: لا تبغوا عليهن إذا أطعنكم لعلو أيديكم، فإن الله أعلى منكم وأكبر من كل شيء. الثالث: أنه- سبحانه- مع علوه وكبريائه لا يكلفكم إلا ما تطيقون، كذلك لا تكلفوهن محبتكم، فإنهن لا يقدرن على ذلك. الرابع: أنه مع علوه وكبريائه لا يؤاخذ العاصي إذا تاب، بل يغفر له، فإذا تاب المرأة عن نشوزها فأنتم أولى بأن تتركوا عقوبتها وتقبلوا توبتها. الخامس: أنه- تعالى مع علوه وكبريائه اكتفى من العبد بالظواهر ولم يهتك السرائر فأنتم أولى أن تكتفوا بظاهر حال المرأة، وأن لا تقعوا في التفتيش عما في قلبها وضميرها من الحب والبغض»

The commentators gave narrations of the cause of revelation of the saying of the most high (Allah) in the verse “men are in charge of the affairs of women.” And from these narrations it is mentioned by Al-Qurtubi that this was revealed when Sa’d bin Rabi’ suffered disobedience from his woman, Habiba bint Zayid bin Kharija bin Abi Zuhayr, so he struck her. Then her father said “O apostle of Allah, he harmed my honor and he struck her.” Then the prophet peace and prayers of Allah be upon him said “take vengeance from her husband.” Then she set out with her father to take vengeance. And then the prophet peace and prayers of Allah be upon him said “come back, Jibril has come to me with this” then Allah revealed this verse. And the word “qawwaamun” is the plural of “qawaam” which is on the Arabic pattern of fa’aal meaning in charge of a thing and protecting/guarding it. It is said in Arabic: so-and-so is “qawwaam on this” meaning he’s in charge of it, thus he is a steward of this, he guards it and takes care of it. And in Arabic it is said: this is “her qawwaam” to those who undertake in commanding her and being interested in her well-being and in guarding her and in her well-being and her the stewardship of her matters. Meaning: the men are in charge of the affairs of women, in guarding and stewarding them and provisioning for them and ensuring their manners and more in the matters that concern her well-being. Then he Allah, praised be he, mentioned two causes for this stewardship of men over women: The first of the two: their gifts and he mentioned it in the saying “in what Allah has favored the one over the other.” Meaning that the wisdom of Allah judged that the men should be in charge of women because of what he has favored men in as opposed to women as far as physical strength, increased knowledge, and ability to bear the burdens of life and life’s sorrows, and what that entails for defending them if they are exposed to danger in the world. Fakhr Ar-Razi said: I know that the favor of the men over women comes from many causes: some of them are characteristics of reality and some of them are the judgements of the shari’ah. As for the characteristics of reality, I know that the favors of reality go back to two causes: Knowledge and ability. There is no doubt that the mind of men and their knowledge are greater. And there is no doubt that their ability to work hard (is greater), so for these two reasons men have been favored over women (by Allah) in the mind, resoluteness and power. And of the men are the prophets and the scholars, and the great and small Imams, and (those who engage in) jihad, and (those who call) the adhan (call to prayer), and (those who give) the khutbah (Friday sermon), and guardianship for the female relatives in giving permission for marriage. And all of this points to how men are favored over women. And the intended meaning of the favor of men over women in the verse is a favor of one sex over the other, not the favor of one individual over another. For there are women who are stronger of men and greater of knowledge than some men. The first “baa’” (letter “B” in Arabic, a preposition) indicates cause, not a verbal noun, and the first “ba’ad” mean the men, and the second “ba’ad” means the women, and the pronoun which is attached to the first “ba’ad” indicates the joining of the two groups in the superiority (of the men). Allah the most high said “in what Allah has favored the one over the other” and he did not say, for example, “in what Allah has favored them (the men) over them (the women)” in order to show that the this favor is for the good of both parties, and it’s up to each of the two parties to fulfill their important duties that Allah has appointed them to with loyalty and obedience that the two parties might be happy. And as for the second cause: it is as a prisoner and Allah, praised be he, showed it in his saying: “in what they spend for provisioning from their wealth.” Meaning that Allah, lofty is high, made the men in charge of the women because of his favor to them, favoring the men over the women in knowledge and ability. And because of what the man has been compelled to provision for women from their wealth, and giving them mahrs (dowers) at the time of marriage, and taking care of them and maintaining their lifestyle. And Al-Aalusi said: and he (Allah) indicated that the man has the right to discipline/give manners to his wife and prevent her from leaving. And that she must obey him except should it cause harm, Allah is most high. And there is also the report (in the hadith) “If I (Allah) had commanded people to prostrate to any person, I would have commanded the wife to prostrate to her husband.” And this indicates also that it is possible to dissolve a marriage if the man is too poor to provide provisioning and vestments (for the wife). And this (is the opinion of) the Shafi’i and Maliki schools (of Islamic jurisprudence), because if he has left his state of authority over her then he has left the intended point of the marriage. And we have no annulment for Allah saying, high is he, that “and if it were a rough patch, look forward to the light at the end of the tunnel.” And it also indicates that anyone who makes a restriction upon the husband towards his wife herself and not what is to her, then she should not act in it except for his permission, because Allah, praised be he, made the man in charge of her totally. And he is the overseer of her affairs, and keeps them safe. Then Allah, praised be he, set down the law in description of the circumstances of the women:And in the manner of stewardship on them (the women) according to the difference of their (the women’s) circumstance, their division is two: for he said as for the first: “a good women are obedient and guard what is hidden from what Allah had preserved for it.” Meaning: the good women are described in that they are obedient, meaning obeying Allah, lofty is he, and their husbands with a good soul and a content hear, and they are also described as guarding what Allah has kept hidden. Zamkhashri said: the hidden is against the shahadah. The women who guard it have a duty to the “unseen.” If their husbands were not observing them, they guard what is necessary for them to guard in the case of the unseen, (that is) their vaginas and the wealth of the house. And the prophet, peace and prayers of Allah be upon him, said that: “The best women are those if you look at her in your belly button, and if you command her to obey you, and if you leave her, she will protect you in herself and your money.” And the “what” in Allah’s saying “in what Allah has guarded” is expected to be that of a verbal noun, so the meaning is: that these good women are given their characteristics and also that they guard “the unseen” for their husbands, which must be kept because of what Allah has guarded for them and stewarded for them, for the success of the work that he wants and which pleases him. And it’s expected to be a connection, meaning that they (the women) guard the unseen for their husbands in themselves and their honor and their wealth and everything which must be guarded because of the matter than Allah has saved for them for their husbands, whereas their husbands must strive to provision for them with the best of them, and thus it’s up to the women to guard the rights of their husbands in return for that which Allah has saved for them (the women) for their rights (ie what they deserve) from their husbands. And in truth this precious thing gives praise to the good women, the giving women, the guarding women, who guard the secrets of their husbands and all of what must be guarded, honor and wealth or anything else, from what is judged to be part of their married life. This is the first area of responsibility of the women, and the second is what Allah, high is he, said about the matter: “those women that you fear rebelliousness from them, admonish them, banish them from the bedrooms, and beat them.” The meaning of this saying “their rebelliousness” is their insubordination and their leaving of their duties in married life, that is obedience of the wife to the husband. And it’s said: “The wife has rebelled” meaning: she made things hard for her husband and refused to follow what he says. And the origin of the (Arabic word for) “rebelliousness” is “nashz” meaning raising up from a flat plain to create an abnormality in the landscape. And thus the woman rising upon the obedience to her husband resembles a raised abnormality in the earth. The meaning is: this issue is of the good, obedient, women who guard the “unseen” because of what Allah has preserved for them, whereas the ones from whom you fear disobedience, meaning their disobedience (using a different word for “disobedience”) to you all (the men), and you will know them by their obedience to you, or their bad treatment of you, so admonish them saying what will affect their soul, and send them on the path to the good and beautiful, by mentioning to them how good the results of obeying the husband are. And as for the evil consequences of disobedience and bad behavior, lead them to the teachings of Islam and its manners and point them to what will heal their heart, and lead their soul to goodness. And ibn Kathir said: “Allah most high said ‘those from whom you fear disobedience’ meaning the women from whom you fear disobedience and who are disobedient to their husbands, those ones admonish them.” And the disobedience is the rising up of the disobedient women, and when she has risen up against her husband leaving (ignoring) his orders, her presence to him is odious, so when a sign of disobedience from her appears, let him admonish her and scare her of the punishment of Allah, for Allah has made incumbent the right of the husband upon her and her obedience, and has made forbidden bad disobedience/lack of faith to her wealth from his largesse, and the prophet, peace and prayers of Allah be upon him, said “if I would tell any person to bow down to another, I would have commanded a wife to bow down to her husbands due to the greatness of his right upon her.” And his (Allah’s) saying “expel them from the bedrooms” meaning this is what you need to do if you do not get any benefit from the admonishment, and the advice is to leave them alone in the sleeping places. “Bedrooms” is the plural of “bedroom” and it’s the sleeping place and the place of rest. And Qurtubi said: the expulsion from the bedroom is to end sexual relations with her and sleeping with her in one bed, and show her his back and not have sexual relations with her. And mujahid said: “expel them (the women) from the bedrooms” meaning avoid the bedroom meaning expel (them) from the places where they sleep and sleep far from them. And Abu Dawud narrated from Mu’wiya bin Hayda Al-Qushayri that the apostle of Allah said: “what is the right of a wife of one of us about it? He said: to feed her if she needs to eats, to clothe her if she needs clothes, and not to strike the face.” And do not be disgusted. And don’t expel her to anywhere but (somewhere else) in the house. And his saying “strike them (the women)” inclines upon what is before it. Meaning if you do not benefit from what you have done from admonishment and expulsion, then strike them (the women) with a ‘non-intensive’ strike, meaning not overly strong or disgraceful, and it has been proven in sahih Muslim from Jabir from the prophet, peace and prayers of Allah be upon him, that he said in his farewell statement: “Depend on Allah for the women, for they are a dependent upon you, meaning your prisoners, and that no one tread in your bed that you might hate.’” And therefore do not strike them harshly/violently. And the scholars explained the “non-intense” strike that it not break the bone, and not cause injury, and leave the face, and it is in summary to be good and not to resort to it except when the other two remedies have failed previously. And Allah most high said, “and those from whom you fear disobedience from them (the woman)” and he did not say “those who are disobedient” to show that the husband must begin with curing the burdens of the wife from what appears of the signs of these burdens and their signs, and to not leave her until her until she becomes intensely mad and inflamed, but rather it’s up to him when he fears disobedience to solve the issue before the dime falls, and to be the one giving the cure in a wise way for her sake to convince and benefit her. And some of them explained the fear in that knowledge meaning that the (female) ones who know their disobedience, admonish them. etc And some of them add to this, saying: those women from whom you fear the duration of their disobedience, admonish them and drive them out of the bedrooms.etc. And some of them are able to say with an adjoining meaning: those women from whom you fear disobedience and who have disobeyed, admonist them and expel them from the bedrooms. etc. And the majority of scholars agree that it’s up to the husband to behave in a way to cure his wife with those 3 steps, the admonishment, then the expulsion then the beating because Allah most high ordered that and put the order in place of these punishments in that wise way that begins with the light punishment then steps up to the more sever punishment then to the most sever punishment. Then Fakhr Ar-Razi said: in general, mitigation should be taken into account as much as possible. And what the he points to the saying of Allah most high and starts the admonishment. Then he escalates to the strike. And that is sharp warning to those taking this course when the goal is in the lighter path, it must be followed, and it’s not allowed (in that case) to set foot up on the more severe path. And this is the path of those who said “this verse has made this order law.” And some of our companions said “the opinion of our school of jurisprudence is that when there is fear of disobedience he ought to admonish her, so must he expel her (from the bedroom)? There is a possibility. And at the expression of disobedience he (the husband) ought to admonish and expel her from the bedroom, or beat her. Then Allah the most high revealed what is necessary for men towards women if they don’t obey them (the men) or left their disobedience and rebellion. Allah the most high said “if they obeyed you all do not seek a path upon them for Allah is high and great.” Meaning if they return from their disobedience to obedience and they submit when Allah has imposed it upon them towards you all o men, do not seek a way (back) to enmity with them, or do not oppress them in any way such as injuring them with your tongues or hand or anything else, rather make it as though it didn’t happen and try to draw close to them in a manner of friendship and love. “Verily Allah is high and great” so avoid opposing his order, for Allah, , exalted is he, has appointed you (the men) to be greater than them (the women). The noble revelation is meant to encourage husbands to accept the repentance of their women, and warn them from oppressing them, and warning them (the men) from oppressing them (the women) if they (the women) left their disobedience, and returned into the path of obedience and repentance. And some of them have said: these two lines in this context have the aim of good, and its cause are thus: first, the intended is to warn husbands from oppressing women. Meaning: that they (the women) were weaked from the pressure of oppression and were not able to get justice from you, so Allah, praised be he, made justice for them from you because he is a great conqueror. The second: do not seek (a way) upon them if they obey you, for Allah is greater than you all in all things. And the third: that Allah, exalted is he, with his loftiness and greatness does not burden you except that you can bear that burden, and as such do not burden them (the women) out of your love, for they will not be able to bear it. The fourth: that with his loftiness and greatness the rebellious is not taken if he repents, but rather he is forgiven, and if the women repents of her rebelliousness, for you should first leave their punishment and accept their repentance. The fifth: that the most high, with his greatness and loftiness, satisfied the servant (the Muslims) with the outward appearances and did not tear apart the conscience, for you first out to be satisfied with the outward appearance of the woman, and don’t fall into searching for what is in her heart and her conscience from love and hate.
At-Tasfir Al-Wasit on Qur'an 4:34

Evidence from the Hadith

Mutliple hadith sources take up the issue of wife beating. They mostly serve to endorse and qualify the practice. As with Slavery the idea is found that not hitting your wife is a meritorious act but not necessary to be a good believer/Muslim.

First off, the hadith confirms that Muhammad did allow men to beat their wives.

Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," he gave licence to beat them. Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it.
Mishkat Al-Masabih: Volume 2, page 692
Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.
Sunan Abu Dawud 11:2141
It was narrated that Iyas bin 'Abdullah bin Abu Dhubab said: "The Prophet said: 'Do not beat the female slaves of Allah.' Then 'Umar came to the Prophet and said: 'O Messenger of Allah, the woman have become bold towards their husbands? So order the beating of them,' and they were beaten. Then many women went around to the family of Muhammad,. The next day he said: 'Last night seventy women came to the family of Muhammad, each woman complaining about her husband. You will not find that those are the best of you.' " (Sahih)
Sunan Ibn Majah 3:9:1985

The beatings were so frequent a part of community life that 'Aishah is said to have complained that the believing women suffer more than any other:

Narrated 'Ikrima: Rifa'a divorced his wife whereupon 'AbdurRahman bin Az-Zubair Al-Qurazi married her. 'Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!" When 'AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, 'Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa'a." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa'a unless Abdur-Rahman has had sexual intercourse with you." Then the Prophet saw two boys with 'Abdur-Rahman and asked (him), "Are these your sons?" On that 'AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"
Sahih Bukhari 7:72:715

Here Muhammad seems to condone and take part of the practice.

The hadith clarify how the beatings should be conducted:

Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.
AbuDawud 10:1900

Another hadith lays out the specifics of how far the beating can go:

Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.
Sunan Ibn Majah 3:9:1851

Modern Views and Perspectives on the Meaning of Qur'an 4:34

The view that men should beat their wives flies in the face of modern conventions about gender relations. As such it has lead to a number of discussions and revisions in the modern Islamic community. On the one end progressive Muslims such as Leila Bakhtiar, who went so far as to mistranslate the word "daraba" in order to hide the plain meaning of the text, instructing men to beat their wives in certain situations. The Yaqeen Institute on the other hand calls the idea that men can beat their wives a "myth" while admitting in the same article that the plain meaning of the text of the Qur'an allows it. On the other hand are traditionalists such as Daniel Haqiqatjou, who defends the Qur'an by claiming that wife-beating allows authority to be "distributed across kinship groups" as opposed to being concentrated in the cold, unfeeling hands of the modern nation-state. He compares wife beating to the discipline that employers enforce on their employee by forcing them to leave the premises of the building in which they are situated with the implied threat of force from the police or company security forces. For such Occidentalist critics, the cold and calculating nature of the west means that even practices which violate human rights are preferable to the modern, western, liberal state. As Michael Cook observed over a decade ago in The Koran: A Very Short Introduction commentators who take the verse come up with a number of strategies to deal with it, but whether by embracing or "swimming against" the Western tide all of them are in one way or another engaging with western, liberal modernity.

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