Commentary
And when He, exalted is He, completed the news about the encompassing of knowledge, He began to inform about the ruling of the matter that is being debated because of it. He said, condemning [the practice of] zihar and clothing it with the garment of disgrace: "Those who..." And when zihar was an abomination due to its being a lie, He expressed it with the form of tafa'ul that indicates it, saying: "They declare zihar" [Az-Zukhruf: 33], meaning they bring forth zihar in any Ramadan [that it was]. It is as if He merged the letter of ta in the form of tafa'ul and mu'afa'lah because its reality is that it removes what Allah has made lawful for him from the intimacy with his wife. And since zihar was specific to the Arabs and not to other nations, He pointed that out as a way of denouncing it among them and condemning their custom in it. This serves as a reminder that they should be the farthest people from this speech because lying has always been condemned among them in the days of ignorance. Then Islam only increased its condemnation, so He said: "From you" meaning, O Arabs who have embraced Islam, who find lying to be abhorrent in a way that others do not find it abhorrent. And likewise, those who follow their religion: "From their women" meaning they prohibit their women upon themselves with the prohibition of Allah upon them, declaring their mothers unlawful by one of them saying to his wife something explicit like: "You are to me like the back of my mother" and euphemisms like: "You are my mother." And every husband whose divorce is valid, his zihar is valid from a free man or a slave, Muslim or dhimmi, whether he has consummated the marriage or not, whether he is able to have intercourse or unable, whether the wife is young or old, whether she is sane or insane, whether she is sound or has a defect, whether she is Muslim or dhimmi, even if she is a revocable divorcee.
And when the aspect of resemblance is prohibition, and there are two ranks for prohibition: a higher one described by permanence and respect, and a lower one devoid of both descriptions, and the estimation is a report for the subject: they are mistaken in that because it is a lie. For if the analogy is dropped from its tool, carrying it on the truth cannot be from the higher rank, even in its lowest states, as it is a divorce from which there is no return, as they believed it to be. And if it is established, it would be from the lower [rank], which is not correct because it is prohibited. The legislation is only for Allah, and Allah has not legislated that. And the reasoning for the two parts of the analogy conveys the meaning of the report with the addition of reasoning, removing the report, and sufficing with the reasoning. He said, reasoning for it, denouncing the zihar that the Arabs were accustomed to without anyone from the nations participating with them in it: "What are they..." meaning their women: "mothers of them" based on the estimation of the intention of one of them [to be] at the two ranks of prohibition. The result is that when they believed it to be a divorce from which there is no return, they made the woman a mother because the permanent prohibition is one of the characteristics of the mother. So they were addressed with that as a reprimand for them because it is more deterrent. And in Surah Al-Ahzab, there is what clarifies this.
And when they had become accustomed to this ruling in the days of ignorance, and it had settled in their souls with a permanence that would not be removed except by the utmost confirmation, he conveyed the words in this manner in both parts and said: "Indeed, what their mothers are" [meaning] truly "except those who gave birth to them." And their women did not give birth to them, so they should not be prohibited from them with a permanent prohibition for the sake of honor and respect. Nor are they among those who are included with the mothers in a way that is valid, like the wives of the Prophet, blessings and peace be upon him, for they are mothers due to the rights of honor, respect, and reverence that they have, which is not the case for others, because the Prophet, blessings and peace be upon him, is greater in the fatherhood of religion than in the fatherhood of lineage. And likewise, the wet nurses, due to the nursing that they have, which is the duty of the mother by origin. As for the wife, she is distinct from all of that.
And when he had completed the reasoning for the first part in the most complete manner, he followed it with the reasoning for the other part likewise, saying, affirming that they had become accustomed to his words, so it had been absorbed into their hearts: "And indeed, they" [meaning] those who are declaring [zihar] "will certainly say" [in this declaration] in every situation "a statement that is denied by the truth and the rulings." Ibn al-Mulaqqin said in 'Umdah al-Muhtaj: It is agreed to be forbidden, as mentioned by al-Rafi'i in the testimonies.
﴿And falsehood﴾ means a saying that is deviating from correctness, straying from the intended purpose. This is because the wife is prepared for enjoyment, which is ultimately a form of humiliation. The mother, on the other hand, is far removed from that, as she is deserving of all respect. She is neither a mother in reality nor similar to one in a matter established by the legislator for respect, such as suckling, and her being a bed for someone great like the Prophet or for the father or for the sanctity like in the case of li'an. It is known that this statement is not truthful, nor does it have any justification. So, it is pure falsehood. It is shorter than this to say: And when their declaration includes an action and a saying, and the action is the prohibition, which is the point of similarity, [and the custom in the point of similarity] is that one should be satisfied with the least that applies to the name. They have contradicted that and made it in the highest (p-346) of its levels, which is the absolute prohibition that necessitates that the similarity be in every aspect of the prohibition, while that is without any basis from Allah, the Exalted, who has no ruling but His. This has compelled them to have the similarity in every aspect absolutely, so that they would be making the wife either truly or by claim as they made the two prohibitions [similarly without distinction, rather it is more appropriate because the similarity has occurred between the two states, not between the two prohibitions -]. Then He confronted them with their ignorance regarding it and said: ﴿What are they﴾ until the end of it. And when He confronted them with their ignorance in the action, He confronted them with their ignorance in the saying: So He said: [And] they until the end of it. Al-Nawawi said in Al-Rawdah: The companions said: The declaration is forbidden, and it has two rulings: One of them is the prohibition of intercourse when the expiation becomes obligatory until he expiates, and the second is the obligation of expiation upon returning - ended. And this saying, although it indicates prohibition, also indicates that it is something that is restricted from him in a narrow, difficult context so that its difficulty serves as a deterrent from falling into it. Abu Abdullah Al-Qazzaz said in his comprehensive work: And the man declared his wife and declared from his wife when he said: You are to me like the back of my mother or like that of a mahram. They specifically used the back in declaration because the back is the place of riding, and the woman is the man's mount in marriage, so he used it as a metaphor for that. It is as if he said: Your riding upon me for marriage is like the riding of my mother. And the declaration in the pre-Islamic period was a divorce, and for that reason, the meaning of His saying, the Exalted, is ambiguous: ﴿Then they return to what they said﴾ [Al-Mujadila: 3]. Ibn Al-Athir said in Al-Nihayah: A man declared [from] his wife a declaration and declared and made a declaration [when he said to her: You are to me like the back of my mother, and it was a divorce in the pre-Islamic period]. It is said that they meant: You are to me like the womb of my mother, meaning like her intercourse. So they used the back as a metaphor for the womb due to proximity. It is said that approaching a woman and her back facing the sky was forbidden among them. The people of Medina used to say: If you approach a woman and her face is to the ground, the child will be born cross-eyed. Therefore, due to the absolute intent of the man among them to intensify the prohibition of his wife upon him, he compared her to the back, then he was not satisfied with that until he made her like the back of his mother. And the declaration is expressed with " , " because they used to avoid the woman when they declared her, just as they would avoid the divorced woman and take precautions against her. So it is as if His saying: He declared from his wife, means he distanced himself and took precautions against her, as it is said: He made an oath from his wife, for what is implied in the meaning of distancing is expressed with " : -1, " ended. He said: And Ibn Al-Mulaqqin said in Al-Umda, the explanation of Al-Minhaj: And it was a divorce in the pre-Islamic period, and it was reported from the author of Al-Hawi that among them there is no return in it. He said: The legislator transferred its ruling to prohibition after returning and the obligation of expiation - ended. And Abu Hayyan said: Abu Qilabah [and others] said: The declaration in the pre-Islamic period necessitated among them an eternal separation." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " ended." : -1, " 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ended.
And when the decree was: So indeed Allah has forbidden it, He turned to it, encouraging repentance and calling to it, His saying confirming for what they believe of its severity and that there is no duality in it. "And indeed Allah" means the greatest King, [who] has no authority for anyone with Him in legislation or otherwise. "Is Forgiving" is from His attributes that He leaves the punishment of whom He wills. "Merciful" is from His attributes that He erases the essence of sin and its trace, so that just as He does not punish for it, He does not reproach. Is there any repentant seeking forgiveness for his misstep and rectification for what has been flawed?
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