Wife Beating in the Qur'an: Difference between revisions

Wife Beating in the Qur'an (view source)

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 (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.}}
-====Al-Jalalayn (1389–1460 and 1445–1505)====
+====An-Nawawi (Reliance of the Traveller)====
-{{Quote|Tafsir of Al-Jalalayn 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.}}
+{{Quote|Tafsir of Al-Jalalayn on Qur'an 4:34|"When a husband notices signs of rebelliousness in his wife (nushuz), whether in words, as when she answers him coldly when she used to do so politely, or he asks her to come to bed and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when she was previously kind and cheerful), he warns her in words (without keeping from her or hitting her, for it may be that she has an excuse. The warning could be to tell her, "fear Allah concerning the rights you owe to me," or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her, "Your obeying me is religiously obligatory"). If she commits rebelliousness, he keeps from sleeping (and having sex) with her without words, and may hit her, but not in a way that injures her, meaning he may not (bruise her), break bones, wound her, or cause blood to flow. (It is unlawful to strike another’s face.) He may hit her whether she is rebellious only once or whether more than once, though a weaker opinion holds that he may hot hit her unless there is repeated rebelliousness."
+If the wife does not fulfill one of the above-mentioned obligations, she is termed "rebellious" (nashiz), and the husband takes the following steps to correct matters:
+(a) admonition and advice, by explaining the unlawfulness of rebellion, its harmful effect on married life, and by listening to her viewpoint on the matter;
+(b) if admonition is ineffectual, he keeps from her by not sleeping in bed with her, by which both learn the degree to which they need each other;
+(c) if keeping from her is ineffectual, it is permissible for him to hit her if he believes that hitting her will bring her back to the right path, though if he does not think so, it is not permissible. His hitting her may not be in a way that injures her, and is his last recourse to save the family.
+(d) if the disagreement does not end after all this, each partner chooses an arbitrator to solve the dispute by settlement, or divorce.}}
+====Al-Qurtubi (1389–1460 and 1445–1505)====
+{{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
+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).}}
 ===Modern Tafsirs===