An excellent observation and I do not know how it evaded me! Of course, it could, and maybe it is a man and a woman!!
Sister Samia,
Thank you for clarifying your understanding in this regard. So, now we are left with the following questions:
(1) What is the "Al-fahasha" that 4:15 is referring to, in relation to women?
(2) Can we reasonably consider that 4:16 also refers to the same "Al-fahasha", mentioned in 4:15, but in relation to a man and woman?
(3) In the Book, how is "Al-fahasha" different from "Fahasha"?
With those questions in mind, I had begun with the premise that "Fahasha" pertains only to deeds which fall under the umbrella of sexual misconduct and anything shameful in that regard. So, keeping that in mind, I looked up all occurences of all the words which have the same root as "Fahasha", i.e.
فحش (Fa-Ha-Shin). Then, I came along the following verse:
65:1 - "O you prophet, if any of you have divorced the women, then they should be divorced while ensuring that their required interim is fulfilled, and keep count of the interim. You shall reverence God your Lord, and do not evict the women from their homes, nor should they leave, unless they have committed a proven adultery (
بفاحشة - bifahisha). And these are God's limits. And anyone who transgresses God's limits has wronged his soul. You never know; perhaps God will make something come out of this." (Free minds Translation)
I went back to 4:15:
4:15 - "And the women who commit lewdness (
الفاحشة - alfahisha), you shall bring four witnesses over them from amongst you; if they bear witness, then you shall restrict them in the homes until death takes them, or God makes for them a way out."
Now, this seemed strange to me, because, apparently, both are supposed to allude to "fahasha", but the treatment of the subject women is opposite. In 4:15, a guilty woman (regardless of her marriage status as I saw no specification) is to be restricted to the homes, but 65:1 gives the permission to let a woman who is guilty of lewdness, leave the home. I apologize if I am misunderstanding this in any way, but as I see it, both "fahasha" cannot be of the same nature, if that is the case. Please feel free to disagree with anything that follows from this point onward. I'm not sure, but I think that the Prefix "Al" before a word in the Book, make that word distinct and unique, among other occurences of that word, pertaining to the same context. So, I assume that "Al-Fahasha" (e.g. in 4:15) is distinct and unique against other "Fahasha" (e.g. 65:1) in the same context.
The question now is what is the context in which "Al-Fahasha" is mention in 4:15? All of the verse of this Chapter, before 4:15 (except the first one) address orphans and inheritance. In fact, 4:11 is a direction from God about children's inhertance (that a man leaves for them) & 4:12 continues along the same theme with what the wives leave. The next two verses are also important because they mention the consequences in the after-life. Two important words come out of them, the roots for which are as follows:
(2)
حد (HA-Dal)
(3)
عدو (Ayn-Dal-Waw)
What I have gathered is the second word, more or less, means "limit" or "boundary" and the third word, in similar fashion, mean "against" or "oppose".
So, we know the "limits" and "boundaries" of God in 4:13 & 4:14 from His directions in 4:11 and 4:12, and we know the consequences in the afterlife in 4:13 & 4:14 for those who go "against" and "oppose" those "limits" and "boundaries".
But what about the worldly consequences of abusing the rights of inheritance? Are there any punishments for such mentioned in the Book? I am not implying that there should be, but there could be, right? Coming back to "Al-Fahash", I think it is too much of a coincidence that the context of the verse may be the "Inheritance" verses before, and its root word also alludes to going beyond the limits. Maybe if we look at the ground realities, it might shed some light on the possible applicability of this verse. At this point in time, I am not too sure about my assertions, but I would very much appreciate some feedback.
Peace