Monday, December 27, 2021

First Addendum to the Case of Polyandry

Although the discussion on the polyandy has finished, there are two points that are mentioned in the series but are not discussed in detail. However, for the sake of completeness, it is necessary to address them, as well. These points are, one, what is the meaning of the word "mohsanat" that is compatible with all of its instances in the Quran, and two, is stoning to death for adultery Islamic. In the first addendum here, we are going to discuss the meaning of mohsanat.

In order to put a framework for the discussion, I am going to give the various meanings classically associated with this word or its derivatives. The verses containing these meanings are given at the end of this article for reference. Note that these are not the only instances of the word mohsanat or its derivatives, but rather these are representatives of all others.

free unmarried women (mohsanat): (4/25)

free women (mohsanat): (4/25)

married women (mohsanat): (4/24)

chaste (mohsanat/mohsineena): (4/24), (4/25), (5/5), (24/4)

guarded (uhsinna/ahsanat): (4/25)

Now, let's do some critical thinking and make a few remarks about these meanings:

  1. The word mohsanat in 24/4 is clearly about chaste women without specifying their status of marriage.
  2. The word in 5/5 is included in a verse that starts by talking to "all Muslims" about the permitted status of the food of the people of the book. However, the second half of the verse talks about a group, called mohsanat, from among the woman believers and women of the people of the book. This automatically means that there are those ladies, Muslim or from the people of the book, who are not mohsanat. Classically, this word here is interpreted as chaste, and in that case, it would not carry any implication in regards to the marriage status of those chaste women. Still, due to classical understanding, the meaning "unmarried" is also added. Accordingly, this verse, although it talks directly to all believers initially, suddenly changes its addressees and talks to the Muslim men and says that they can marry unmarried chaste women, Muslim or from the people of the Book. 
  3. The first occasion of this word in 4/24 refers to a prohibiton of marriage. In classical understanding, this means Muslim men cannot marry the married women (mohsanat). However, this promptly contradicts what we just said in the second remark, where mohsanat are the ones to marry for Muslim men. To solve this contradiction, if we subtract the "unmarried" stipulation from it and stick to the notion of chastity, we still cannot solve the problem, because 4/24 instructs not to marry them whereas 5/5 allows to marry them.
  4. The second occasion of this word in 4/24 refers to a chastity for men, not for women. So, it does not bind us in this discussion, but again makes a point on chastity.
  5. The first occasion of mohsanat in 4/25 points at a group among believing women. That is, it talks about marrying the mohsanat among the woman believers. Accordingly, if we again go with the option of unmarried, free, chaste women among the believers, then we are automatically contradicting the very verse just before this one (4/24), which prohibits marrying the exact same group!!!
  6. The second occasion in the same verse (4/25) refers to chastity of women, but it goes on to explaining what it is: not committing adultery nor acquiring secret friends.
  7. The third occasion involves (uhsinna) a derived form that really means "protected", but is understood as "getting into marriage".
  8. The fourth occasion in 4/25 again involves mohsanat. Here, its meaning is rather obvious because it is contrasted with women who are not free. Nevertheless, this contrast brings us to the free status of mohsanat, not to married or unmarried status thereof.

If we collect the meanings that are common to all occasions, we see "free, chaste, guarded". However, the meanings related to the marital status need some brain work. The occasion at 5/5 and 4/25 mentions mohsanat as to be married, whereas the one at 4/24 mentions it as not to marry. At this point, the scholars interpret the first ones as the unmarried case and the latter one as the married case; but remember, this is an addition in order to make sense of the general meaning of the relevant verses. Yet, as you see, this solution does not stand a critical analysis. To resolve this puzzle, we can look at the Arabic phrases that are at the root of the contradiction.

( 5/5 ... al-mohsanatu min al-muminati ... ) : mohsanat among the believing women and mohsanat among the people of the book

( 4/25 ... al-mohsanat al-muminati ) : mohsanat of the believing women

( 4/24 ... al mohsanatu min al-nisa ) : mohsanat among the women

The first one among these three can be linked to the freedom status, because what follows after it has to do with those not free. So, we are left with the latter two, the first allowing and the latter prohibiting marrying the mohsanat. As you can see, the one allowing it (4/25) links it to al-muminat, whereas the one prohibiting it (4/24) links it to al-nisa. That is, the allowing one talks in context of believers but the other one in context of women in general. 

To make better sense, let's put forward the big picture. The believing men are allowed to marry the chaste and free ones among the believing women and women of the people of the book, whereas the believing men are not allowed to marry the chaste and free ones among women!! But this is a contradiction, because women believers are women, first of all. So, if marrying the free and chaste women is prohibited, then marrying the believing ones among women automatically becomes forbidden. This is why and when you feel obliged to interject a meaning to come to a solution, like the scholars have been doing traditionally. But this interjection is an interjection, and is there only because another, more plausible solution have not been found. Also, if we are talking about an interjection, then it comes with its own cultural and historical context, and the conditions of the past cannot bind those who live in another time period.

It seems that the cause of the problem and its solution have to do with the distinction of al-nisa versus al-muminat. Looking through this perspective reveals another problem, which is, in another verse at the beginning of the same chapter (4/3), the men are told about marrying the al-nisa, when the other verse above (4/24) prohibits marrying the mohsanat of the al-nisa. At this point, a fine detail strikes the eye. The chapter 4, named Al-Nisa (The Women) starts with an address to all people. So, when addressing all people, without a regard for believing or not, naturally men are directed to women in general, hence the case in 4/3. However, the addressee of 4/24-25 is only the believing men, and for them, Allah places a restriction for marrying only the Muslim women or women of the people of the book. And this realization brings us to a satisfactory answer.

A woman who is free and chaste is referred to as mohsanat min al-nisa, but without a regard for her religion and beliefs, whereas a woman who is free and chaste and a Muslim is referred to as mohsanat al-muminat. The second goes for the free and chaste women of the people of the book as well. So, the prohibition is there for the believing men not to marry the women who are not chaste and/or who are not among the general group of the believers (also see 2/221).

Consequently, mohsanat as a term on its own can be explained as free and chaste women, and this resolves the problem.

Allah knows best.
 

Verses from the Quran containing some of the instances of "mohsanat" or its derivatives:

And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise. (4/24)

"And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful." (4/25)
"This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith - his work has become worthless, and he, in the Hereafter, will be among the losers." (5/5)
"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient," (24/4) 




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