Commentary
His saying, exalted is He: "And if you fear a split between them, then send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it to occur between them. Indeed, Allah is Knowing and Acquainted." This verse categorizes women in an intellectual division, as they are either obedient or disobedient. Disobedience refers to either one who returns to obedience or one who needs the two arbitrators. The interpreters also differed regarding the fear mentioned here, according to what has preceded, and the two arbitrators are not sent except in cases of severe fear. The term 'split' is the source of 'shaq', meaning to oppose. The term 'between' is treated as a noun, and the adverbial form has been removed as it means their state, their companionship, and their association. This is an example of brevity where the apparent meaning indicates the implied meaning. There is also disagreement about who is commanded to send the arbitrators. It was said: the arbitrator. If the matter of the two spouses becomes difficult for the arbitrator, and the arguments are supported, and the doubts are coupled, and the way to enforce a decision on one of them becomes unclear, he sends two arbitrators from the family to undertake the matter. The family is specified because they are likely to know the inner details of the matter and are likely to show compassion due to kinship. It was said: the spouses are addressed, and to them is the precedence of the two arbitrators. This is the view of Malik, while the first view is attributed to Rabi'a and others. People also differed regarding the extent to which the arbitrators should look into the matter. Al-Tabari said: a group stated that the arbitrators should only look into what the spouses have entrusted them with and have explicitly stated to present to them. This was translated by this, then he included from Ali, others. Al-Hasan ibn Abi al-Hasan and others said: the arbitrators should look into reconciliation and in taking and giving, except in separation, for that is not for them. A group said: the arbitrators should look into everything, and they should act against the oppressor, and they should enforce what they see as remaining or separating. This is the view of Malik and the majority of scholars, and it is the saying of Ali ibn Abi Talib in the 'Mudawwana' and others. Al-Zajjaj interpreted it differently, claiming that he entrusted the arbitrators with separation, and that it is for the Imam, and this is an error from Abu Ishaq. The interpreters differed regarding who is meant by his saying: "If they both desire reconciliation." Mujahid and others said: it refers to the arbitrators, meaning if they advise and intend good, they will be blessed in their mediation. A group said: it refers to the spouses, and the first is more apparent. Likewise, the pronoun in "between them" can refer to both, but it is more apparent that it refers to the spouses. The description of being Knowing and Acquainted resembles what was mentioned about the intention of reconciliation.
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