'In the name of Allah, the Most Gracious, the Most Merciful' Allah, the Exalted, says: "O you who have believed, it is not lawful for you to inherit women by compulsion, nor should you restrain them in order to take part of what you gave them, except in case they commit a clear immorality. And live with them in kindness. But if you dislike them, perhaps you dislike something and Allah makes therein much good." The interpreters have differed in the meaning of His saying, the Exalted: "It is not lawful for you to inherit women by compulsion." Ibn Abbas said: In the pre-Islamic period, when a man died, his relatives had more right to his wife than her family. If they wished, one of them would marry her, and if they wished, they would marry her to someone else, and if they wished, they would prevent her from marrying. This verse was revealed regarding that. Abu Umamah ibn Sahl ibn Hanif said: When Abu Qais ibn al-Aslat died, his son wanted to marry his wife, and they had that right in the pre-Islamic period. This verse was revealed regarding that. Al-Naqqash mentioned that the name of Abu Qais's son was Mihsan. Al-Qadi Abu Muhammad, may Allah have mercy on him, said: This practice was established among the Ansar, and it was permissible among the Quraysh with mutual consent. Do you not see that Abu Amr ibn Umayyah married his father's wife after his death, and she bore him Musafir and Abu Mu'ayt? And she had from Umayyah Abu al-'Ays and others. Thus, the sons of Umayyah were brothers of Musafir and Abu Mu'ayt and their uncles. And those who said similar to what I have narrated from Ibn Abbas include Ikrimah, Al-Hasan al-Basri, and Abu Mijlaz. Ikrimah said: It was revealed regarding Kubayshah bint Ma'n al-Ansariyah, whose husband Abu Qais ibn al-Aslat died. Mujahid said: The eldest son has more right to his father's wife if she has no children. Al-Suddi said: The guardian of the deceased, if he preceded and threw his cloak over the deceased's wife, he has more right to her. If she preceded him and went to her family, she has more right to herself. Al-Qadi Abu Muhammad, may Allah have mercy on him, said: The narrations regarding this are numerous according to the pre-Islamic traditions, and there is no benefit in mentioning all of that, as Allah has abolished it with His saying: "It is not lawful for you." The meaning of the verse according to this saying is: It is not lawful for you to treat women like property, to inherit them from deceased men just as property is inherited. The ones engaged in the matter are the guardians of the deceased. Some interpreters said: The meaning of the verse is: It is not lawful for you to restrain the women whom you are guardians over and to keep them without marrying until they die, so that their wealth may be inherited. Al-Qadi Abu Muhammad, may Allah have mercy on him, said: According to this saying, what is inherited is her wealth, not her. This has been narrated similarly from Ibn Abbas and others. The ones engaged in the matter are the guardians of the women and their husbands if they keep them with bad treatment, greedy to inherit them.

Nafi' and Abu Amr and Ibn Kathir read "karhan" with a فتح (fath) on the كاف (kaf) where it occurs in An-Nisa and Surah At-Tawbah and in Al-Ahqaf. Hamzah and Al-Kisai read all of that with a ضم (dham) on the كاف (kaf). As for Asim and Ibn Amir, they read in An-Nisa and At-Tawbah with a فتح (fath) on the كاف (kaf), and in Al-Ahqaf in both places with a ضم (dham). "Al-karh" and "al-kurh" are two languages like "al-da'f" and "al-du'f", and "al-faqr" and "al-fuqr", as stated by Abu Ali. Al-Farra' said: with a ضم (dham) on the كاف (kaf) it means hardship, and with a فتح (fath) it means coercion of another, as stated by Ibn Qutaybah.

The interpreters differed in the meaning of His saying, the Exalted: "And do not force them..." The verse; Ibn Abbas and others said: it is also about those guardians who used to inherit the woman because they would marry her if she was beautiful, and keep her until she dies if she was unattractive. Al-Hasan and Ikrimah said something similar.

Qadi Abu Muhammad, may Allah have mercy on him, said: And it comes in His saying "what you have given them" a mixture, meaning: what the men have given her before, as in His saying: "So kill yourselves" [Al-Baqarah: 54] and others. Ibn Abbas also said: it is in the husbands: a man keeps the woman and mistreats her until she redeems herself from him, and that is not permissible for him. Qatadah said something similar. Ibn Al-Baylamani said: the first part of the verse is about the matter of ignorance, and the second part about forcing is concerning the people of Islam in keeping the wife as a harm for the redemption. Ibn Mas'ud said: the meaning of the verse is: do not inherit women like the act of ignorance, and do not force them in Islam. Al-Suddi and Al-Dahhak said something similar, and Al-Suddi said: this verse is addressed to the guardians, like the forcing that is forbidden in Surah Al-Baqarah.

Qadi Abu Muhammad, may Allah have mercy on him, said: And this is troubling, unless the forcing is from a guardian who is an heir, for he hopes for her death. If he is not an heir, then by what means does he go? Ibn Zayd said: this forcing that is forbidden in this verse is from the customs of ignorance in Quraysh in Makkah. If the two spouses do not agree, he would divorce her on the condition that she does not marry except with his permission, and he would testify to that. If she is proposed to, if she gives him a bribe, then he would allow it, otherwise he would force her. This is what the verse was revealed about.

Qadi Abu Muhammad, may Allah have mercy on him, said: And what I say is that the forcing in the language means: confinement in hardship and harm, and preventing from relief in that. From this is their saying: "The hen was forced" and "it forced" if it was difficult for it to lay the egg. From this is "the disease has forced" if it persisted and did not heal, and from it is a chronic disease. The common understanding of the jurists is that the forcing from the guardians is in keeping women from marriage, and it is in the language more general than this as I have mentioned. It can occur from a guardian and from a husband. The strongest of what is in these previous statements is that the intended is the husbands, and the evidence for that is His saying: "Except that they bring a great evil." And if she commits a great evil, then it is not permissible for the guardian to keep her until he takes her wealth, by consensus of the ummah. Rather, that is for the husband as we will clarify later, if Allah wills.

And likewise His saying: "And live with them in kindness" until the end of the verse indicates the strengthening of what I have mentioned. If that occurs, it is possible that it is a matter separate from the first, which is specific to the spouses. As for oppression, it is forbidden for anyone who can be imagined in a situation of oppression. Whenever it is established that a guardian is oppressive, the judge looks into the matter of the woman and marries her without regard, except for the father in the case of his daughters. If there is a complication in his matter, a single opinion is not to be objected to. If his oppression is established, then there are two opinions in the school of Malik: one is that it is like the other guardians, the judge marries whom he wishes from his daughters and his requests, and the other opinion is that he does not have the right to do so.

And the saying: "And do not oppress them" can be understood as a command, so the 'wa' is a conjunction of a statement that is separate from the first. It is also possible that "do not oppress them" is in the accusative, as a conjunction to "you inherit" so the 'wa' is a conjunction of one action to another.

Ibn Mas'ud read: "And do not oppress them." This reading strengthens the possibility of the accusative, and that oppression is something that is not permissible by text. And on the interpretation of the command, it is a prohibition that is subject to the request of evidence in the matter of prohibition or dislike, and the possibility of the accusative is stronger.

People have differed in the meaning of 'fahisha' here. Al-Hasan ibn Abi al-Hasan said: it is adultery. If an unmarried woman commits adultery, she is to be flogged one hundred times and exiled for a year, and she must return to her husband what she took from him. Abu Qilabah said: If a man's wife commits adultery, there is no harm in causing her distress until she redeems herself from him. Al-Suddi said: If they do that, take their dowries. Al-‘Ata’ al-Khurasani said: This ruling was then abrogated by the punishments, and this is a weak opinion. Ibn Abbas, may Allah have mercy on him, said: The 'fahisha' in this verse refers to hatred and disobedience. This was also said by Al-Dahhak and others. They said: If she disobeys, it is permissible for him to take her wealth.

Judge Abu Muhammad, may Allah have mercy on him, said: This is the school of Malik, except that I do not recall for him a text regarding the meaning of 'fahisha' in this verse. Some people said: 'Fahisha' refers to foul language and bad companionship in words and actions, and this is in the meaning of disobedience. Among the scholars are those who permit taking wealth from the disobedient woman in the context of khula, except that he believes that he should not exceed what he gave her, relying on His saying, the Most High: "So that you may take back some of what you have given them." Malik and his companions and a group of scholars said: The husband may take from the disobedient woman all that she possesses.

Judge Abu Muhammad, may Allah have mercy on him, said: Adultery is more difficult for the husband than disobedience and harm, and all of that is a 'fahisha' that permits taking wealth. Ibn Mas'ud read: "Except if they commit 'fahisha', and live with them."

Judge Abu Muhammad, may Allah have mercy on him, said:

And this is an excessive disagreement with the Mushaf of the Imam. Likewise, Abu Amr mentioned from Ibn Abbas, Ikrimah, and Ubayy ibn Ka'b, and in this there is consideration. Ibn Kathir and Asim read in the narration of Abu Bakr: "Mubayyina" and "Ayatun Mubayyinatun" with the opening of the 'ya' in both. Ibn Amer, Hamzah, Al-Kisai, Hafs, and Al-Mufaddal from Asim read: "Mubayyinah" and "Mubayyinat" with the breaking of the 'ya' in both. Nafi and Abu Amr read: "Mubayyinah" with the breaking, and "Mubayyinat" with the opening. Ibn Abbas read: "Bifāḥishatin Mubīnah" with the breaking of the 'ba' and the stillness of the 'ya', from abāna al-shay'u. All these readings are eloquent languages. It is said: "Bayyana al-shay'u" and "Abāna": if it appeared, and "Bāna al-shay'u" and "Bayyantuhu".

And His saying, the Exalted: ﴿And live with them in kindness﴾ is a command for all, as everyone has a companionship, whether a spouse or a guardian. However, the one most involved in this matter is the spouses, and the companionship is mixing and mingling. From this is the saying of Tarafah:

If her call is distant once, then surely I am on the covenant of a beloved one who is dear.

He made "the beloved" plural like "al-khalit" and "al-fariq". It is said: "‘Āsharahū mu‘āsharatan," and "ta‘āsharal qawm" and "i‘tasharū." I see the word as from the tenths of the camel, because it is a sharing, mixing, and beautiful companionship. So Allah, the Exalted, commanded the men to have good companionship with women. To this refers the saying of the Prophet, blessings and peace be upon him: "So enjoy her, and in her there is a twist." Then He, the Exalted, admonished His servants with His saying: "But if you dislike them" to the end of the verse. Al-Suddi said: The great good in a woman is the child, and Ibn Abbas said something similar.

Qadi Abu Muhammad, may Allah have mercy on him, said:

And from the eloquence of the Quran is the generality found in the word "shay'in" because this consideration applies to everything that a person dislikes from what patience is beautiful upon, so patience is good, as its consequence is to good, if it is intended for the face of Allah.