[808] al-Fāḥishah, vice: alluded to here is adultery/fornication (cf. al-Samʿānī).
[809] This aya and the next, which deal with the ruling regarding adultery, are unanimously deemed abrogated (Ibn al-Jawzī, Nawāsikh al-Qur’ān). The abrogating aya is: “The fornicator and the fornicatress flog each of them a hundred lashes”. (24: 2) ʿUbādah Ibn al-Ṣāmit (رضي الله عنه) narrated that the Prophet (ﷺ) said: “Take it from me, take it from me! Allah has made a way for them. If an unmarried man fornicates with an unmarried woman, then ˹their penalty is˺ a hundred lashes ˹each˺. If a married man commits adultery with a married woman, ˹their penalty is˺ a hundred lashes ˹each˺ and stoning”. (Muslim: 1690). To prove that such a gravity occurred four witnesses of required legal competence have to come forward and testify that they saw with their own eyes the accused actually engage in intercourse, with the private parts not only meeting but where insertion actually took place.
That this ruling comes immediately after the laws of inheritance have been elaborated, highlights how greatly unscrupulous adultery is, because it wreaks havoc on familial relationships on which major rights and responsibilities are based. Besides this, women who have been given all their rights and been treated with utmost respect in the previous ayas as also in forthcoming ones, are warned, in the strongest of terms, against marital treachery and betrayal of trust (cf. al-Shawkānī).
[810] By speaking harshly to them and verbally reproaching them so that they realize the immorality of their actions. (al-Ṭabarī, al-Wāḥidī, al-Saʿdī)
[811] That is jahālah, i.e. inability to fully realize the serious consequences of one’s actions, despite knowing that such acts are forbidden. Every act of disobedience is jahālah (ignorance/carelessness/lack of good judgement) whether intended or not. (al-Ṭabarī, al-Saʿdī)
[812] God, the Most Merciful, accepts a person’s tawbah (repentance) as long as he is alive and before seeing death with his own eyes (cf. al-Ṭabarī, Ibn Kathīr, al-Saʿdī). ʿAbdullāh Ibn ʿUmar (رضي الله عنهما) narrated that the Prophet (ﷺ) said: “Allah accepts the repentance of a servant, as long as he is not gurgling ˹while suffering the throes of death˺”. (al-Tirmidhī: 3537; Ibn Mājah: 4253; Aḥmad: 6160) There are five conditions for accepting a person’s repentance: 1) sincerity and seeking only God’s Pleasure; 2) regretting having committed sins; 3) abandoning sins; 4) having the true intention of not committing sins in the future, and 5) committing to repentance prior to death’s arrival (cf. Ibn ʿUthaymīn).
[813] ʿAbdullāh Ibn ʿAbbās (رضي الله عنهما) says that the reason behind this aya’s revelation had to do with Arab practice during the age of ignorance whereby: “When a man dies, his close male relatives claimed more of a right to his wife than her own family. If they wished, they could marry her ˹to one of them˺, or marry her off to anybody, or hold her back from marriage”. (al-Bukhārī: 4579)
[814] The fact of the matter is that these women hate what is being done to them and are forced into it, against their will. (al-Ṭabarī, Ibn Kathīr, al-Saʿdī)
[815] Men are also enjoined not to make life hard for their wives. They are not to force them to ransom themselves with a part of the dowry, gifts or any other rights they received from their husbands so that they may divorce them. (al-Ṭabarī, Ibn Kathīr, al-Saʿdī)
[816] Such as proven adultery not just an accusation. (al-Ṭabarī, Ibn Kathīr, al-Saʿdī, al-Jazā’irī)
[817] That a person associates with his wife agreeably means that he speaks kindly to her, does not hurt her or frown in her face, deals with her generously, makes himself pleasing to her and provides for her according to societal norms. (cf. al-Ṭabarī, Ibn Kathīr, al-Saʿdī) ʿĀ’ishah (i) narrated that the Prophet (ﷺ) said: “The best of you are the best to their wives and I am the best of you to my wives”. (al-Tirmidhī: 3895)
[818] Abū Hurayrah (رضي الله عنه) narrated that the Prophet (ﷺ) said: “A Believing husband should not feel averse to his Believing wife. If he dislikes a certain trait of hers, he may like another”. (Muslim: 1469)