Professor Saqib Hussain on 2:223 and sexual domination of husbands over wives.
Kecia Ali states that 2:223 gives husbands sexual domination over their wives in her Sexual Ethics in Islam, p.g. 129–131.
To the contrary, Professor Saqib Hussain instead argues in note 35 of his article The Bitter Lot of the Rebellious Wife: Hierarchy, Obedience, and Punishment in Q. 4:34, in line with with tradition, that 2:223 instead justifies the no-sex-during-menstruation rulling in 2:222 and states, in metaphor, the positions allowed during sex, allowing only vaginal penetration. Furthermore, he states that her reading of the verse is only possible if it is completely decontextualized:
>Note that Q. 2:223 is sometimes adduced as giving husbands sexual dominion over their wives (Bauer, Gender Hierarchy, p. 167, and Ali, Sexual Ethics, p. 129–131), which certainly would be a stark instance of wives being required to submit and be obedient to their husbands. The passage (vv. 223–24) is as follows:
^(223)They ask you concerning menstruation. Say, ‘It is a hurt, so keep away from women during menses, and do not approach them until they are purified. And when they are purified, go in unto them in the way God has commanded you.’ Truly God loves those who repent, and He loves those who purify themselves.
^(224)Your women are a tilth to you, so go unto your tilth as (annā) you will, but send forth for your souls. And fear God and know that you shall meet Him, and give glad tidings to the believers.
The particle annā in verse 223, here translated ‘as’, is often translated as ‘when’ or ‘whenever’, which could indeed raise questions of sexual consent. Although this matter requires more research, I am sceptical that annā can carry the latter meanings. Certainly, late lexicographic sources give three definitions of annā: kayfa (‘how’), min ayna (‘whence’), and matā (‘when’) (see, for example, al-Zabīdī, Tāj al-ʿarūs, ‘ʾ-n-n’). But in fact the earliest lexicographic sources, both dictionaries and works devoted to particles, give only two definitions of annā: kayfa (‘how’), min ayna (‘whence’ or ‘from where’) (see Khalīl b. Aḥmad, Kitāb al-ʿAyn, ‘al-lafīf min nūn’, vol. 8, p. 399, and al-Zajjājī [d. 337/949], Ḥurūf al-maʿānī, p. 61). It may well be that the later sources incorporated the meaning of matā (‘when’) from the exegetical tradition which, as far back as al-Ṭabarī, suggested that annā could mean matā in verse 223. This would then be an instance of a speculative exegetical gloss eventually influencing the lexicographic tradition. (See also the discussion on nushūz below). Indeed, works that give all three possibilities for annā are able to adduce philological evidence from the Qur’an or Jāhilī poetry only for the senses of kayfa and min ayna – see, for example, the popular modern balāgha textbook by Aḥmad b. Ibrāhīm, Jawāhir al-balāgha, p. 82. The philological evidence for the sense of matā, where it is produced, is invariably ambiguous, such that the text in question could just as well just carry the meaning of kayfa; for example, al-Baghdādī, Khizānat al-adab, vol. 7, p. 95, interprets the first hemistich in Labīd’s verse fa-aṣbaḥta annā taʾtihā taltabis bihā, as: ‘So you were such that whenever (annā) you would approach it (i.e. some affair), you would get entangled in it.’ The poet is describing here a difficult situation that his addressee has to navigate. As is clear, the particle annā here could just as easily be translated as ‘however’ or ‘from wherever’.
The parable in verse 223, Your women are a tilth to you, so go unto your tilth as (annā) you will, is providing a justification for the rulings in the previous verse, which prohibits sex during a woman’s menstruation (just as a field should only be planted in the appropriate season), and prohibits non-coital sex (just as the seed should only fall on fertile soil) (see Isḷ āḥī, Tadabbur-i Qurʾān, vol. 1, p. 526). The verse’s concern is thus what is permissible with regards to sexual enjoyment between a husband and wife. Reading issues of consent into it is only possible after a thorough literary de-contextualisation of the verse. Note finally that Rabbinic sources, just like the Qur’an, also use an allegory to illustrate permissible sexual activity with one’s wife. Thus in b. Ned 20a Rabbi Yoḥanan ben Dehavai prohibits that husbands ‘overturn their tables’ during sex, i.e. that they pedicate. His opinion is rejected however in b. Ned 20b, and an allegory is produced to counter him: ‘A man may do whatever he pleases with his wife [at intercourse]: A parable; Meat which comes from the abattoir, may be eaten salted, roasted, cooked or seethed; so with fish from the fishmonger.’ Much of Q. 2, including the section in which verse 223 is situated, is in ‘close dialogue with Late Antique sexual purity regulations’ (Zellentin, ‘Gentile Purity Law’, pp. 165–169). For a comparative study of laws regarding pedication in early Islam and rabbinic Judaism, see Maghen, After Hardship, pp. 161–209, esp. pp. 182–183, where this verse is briefly discussed.
A small sidenote: Saqib Hussain here mistakenly labels verse 2:222 as 2:223 and 2:223 as 2:224. So beware of this.
Link to the article: https://www.euppublishing.com/doi/full/10.3366/jqs.2021.0466