Tafsir Ibn Kathir -> Surah An-Nisa -> The Ruling Concerning Female Orphans |
Al-Bukhari recorded that `A'ishah said about the Ayah, ﴿ظˆظژظٹظژط³ظ’طھظژظپظ’طھظڈظˆظ†ظژظƒظژ ظپظگظ‰ ط§ظ„ظ†ظ‘ظگط³ظژط¢ط،ظگ ظ‚ظڈظ„ظگ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ظٹظڈظپظ’طھظگظٹظƒظڈظ…ظ’ ظپظگظٹظ‡ظگظ†ظ‘ظژ﴾ (They ask your instruction concerning women. Say, "Allah instructs you about them...) until, ﴿ظˆظژطھظژط±ظ’ط؛ظژط¨ظڈظˆظ†ظژ ط£ظژظ† طھظژظ†ظƒظگطظڈظˆظ‡ظڈظ†ظ‘ظژ﴾ (whom you desire to marry...) "It is about the man who is taking care of a female orphan, being her caretaker and inheritor. Her money is joined with his money to such an extent, that she shares with him even the branch of a date that he has. So he likes (for material gain) to marry her himself, and hates to marry her to another man who would have a share in his money, on account of her share in his money. Therefore, he refuses to let her marry anyone else. So, this Ayah was revealed.'' Muslim also recorded it. Ibn Abi Hatim recorded that `A'ishah said, "The people asked Allah's Messenger (about orphan girls), so Allah revealed, ﴿ظˆظژظٹظژط³ظ’طھظژظپظ’طھظڈظˆظ†ظژظƒظژ ظپظگظ‰ ط§ظ„ظ†ظ‘ظگط³ظژط¢ط،ظگ ظ‚ظڈظ„ظگ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ظٹظڈظپظ’طھظگظٹظƒظڈظ…ظ’ ظپظگظٹظ‡ظگظ†ظ‘ظژ ظˆظژظ…ظژط§ ظٹظڈطھظ’ظ„ظژظ‰ ط¹ظژظ„ظژظٹظ’ظƒظڈظ…ظ’ ظپظگظ‰ ط§ظ„ظ’ظƒظگطھظژظ€ط¨ظگ﴾ (They ask your instruction concerning women. Say, "Allah instructs you about them and about what is recited unto you in the Book...") What is meant by Allah's saying, `And about what is recited unto you in the Book' is the former verse which said, ﴿ظˆظژط¥ظگظ†ظ’ ط®ظگظپظ’طھظڈظ…ظ’ ط£ظژظ„ط§ظ‘ظژ طھظڈظ‚ظ’ط³ظگط·ظڈظˆط§ظ’ ظپظگظ‰ ط§ظ„ظ’ظٹظژطھظژظ€ظ…ظژظ‰ ظپظژط§ظ†ظƒظگطظڈظˆط§ظ’ ظ…ظژط§ ط·ظژط§ط¨ظژ ظ„ظژظƒظڈظ…ظ’ ظ…ظ‘ظگظ†ظژ ط§ظ„ظ†ظ‘ظگط³ظژط¢ط،ظگ﴾ (If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.)'' `A'ishah said, "Allah's statement, ﴿ظˆظژطھظژط±ظ’ط؛ظژط¨ظڈظˆظ†ظژ ط£ظژظ† طھظژظ†ظƒظگطظڈظˆظ‡ظڈظ†ظ‘ظژ﴾ (whom you desire to marry...) also refers to the desire of the guardian not to marry an orphan girl under his supervision when she lacks property or beauty. The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).'' The basis of this is recorded in Two Sahihs. Consequently, when a man is the caretaker of a female orphan, he might like to marry her himself. In this case, Allah commands him to give her a suitable dowry that other women of her status get. If he does not want to do that, then let him marry other women, for Allah has made this matter easy for Muslims. Sometimes, the caretaker does not desire to marry the orphan under his care, because she is not attractive to his eye. In this case, Allah forbids the caretaker from preventing the female orphan from marrying another man for fear that her husband would share in the money that is mutually shared between the caretaker and the girl. `Ali bin Abi Talhah said that Ibn `Abbas said, "During the time of Jahiliyyah, the caretaker of a female orphan would cover her with his rope, and when he did that, no man would marry her. If she was beautiful and he desired to marry her, he married her and took control of her wealth. If she was not beautiful, he did not allow her to marry until she died, and when she died he inherited her money. Allah prohibited and outlawed this practice. '' He also said about Allah's statement, ﴿ظˆظژط§ظ„ظ’ظ…ظڈط³ظ’طھظژط¶ظ’ط¹ظژظپظگظٹظ†ظژ ظ…ظگظ†ظژ ط§ظ„ظ’ظˆظگظ„ظ’ط¯ظژظ†ظگ﴾ (and the children who are weak and oppressed,) that during the time of Jahiliyyah, they used to deny young children and females a share of inheritance. So Allah's statement, ﴿ظ„ط§ظژ طھظڈط¤ظ’طھظڈظˆظ†ظژظ‡ظڈظ†ظ‘ظژ ظ…ظژط§ ظƒظڈطھظگط¨ظژ ظ„ظژظ‡ظڈظ†ظ‘ظژ﴾ (you give not what they deserve) thus prohibiting this practice and designating a fixed share for each, ﴿ظ„ظگظ„ط°ظ‘ظژظƒظژط±ظگ ظ…ظگط«ظ’ظ„ظڈ طظژط¸ظ‘ظگ ط§ظ„ط§ظ‘ظچظ†ظ’ط«ظژظٹظژظٹظ’ظ†ظگ﴾ (To the male, a portion equal to that of two females..) whether they were young or old, as Sa`id bin Jubayr and others stated. Sa`id bin Jubayr said about Allah's statement, ﴿ظˆظژط£ظژظ† طھظژظ‚ظڈظˆظ…ظڈظˆط§ظ’ ظ„ظگظ„ظ’ظٹظژطھظژظ€ظ…ظژظ‰ ط¨ظگط§ظ„ظ’ظ‚ظگط³ظ’ط·ظگ﴾ (and that you stand firm for justice to orphans.) "Just as when she is beautiful and wealthy you would want to marry her and have her for yourself, so when she is not wealthy or beautiful, marry her and have her for yourself.'' Allah's statement, ﴿ظˆظژظ…ظژط§ طھظژظپظ’ط¹ظژظ„ظڈظˆط§ظ’ ظ…ظگظ†ظ’ ط®ظژظٹظ’ط±ظچ ظپظژط¥ظگظ†ظ‘ظژ ط§ظ„ظ„ظ‘ظژظ‡ظژ ظƒظژط§ظ†ظژ ط¨ظگظ‡ظگ ط¹ظژظ„ظگظٹظ…ط§ظ‹﴾ r(And whatever good you do, Allah is Ever All-Aware of it.) encourages performing the good deeds and fulfilling the commandments, and states that Allah is knowledgeable of all of this and He will reward for it in the best and most perfect manner. ﴿ظˆظژط¥ظگظ†ظگ ط§ظ…ظ’ط±ظژط£ظژط©ظŒ ط®ظژظ€ظپظژطھظ’ ظ…ظگظ† ط¨ظژط¹ظ’ظ„ظگظ‡ظژط§ ظ†ظڈط´ظڈظˆط²ط§ظ‹ ط£ظژظˆظ’ ط¥ظگط¹ظ’ط±ظژط§ط¶ط§ظ‹ ظپظژظ„ط§ظژ ط¬ظڈظ†ظژط§ظ’طظژ ط¹ظژظ„ظژظٹظ’ظ‡ظگظ…ظژط¢ ط£ظژظ† ظٹظڈطµظ’ظ„ظگطظژط§ ط¨ظژظٹظ’ظ†ظژظ‡ظڈظ…ظژط§ طµظڈظ„ظ’طط§ظ‹ ظˆظژط§ظ„طµظ‘ظڈظ„ظ’طظڈ ط®ظژظٹظ’ط±ظŒ ظˆظژط£ظڈطظ’ط¶ظگط±ظژطھظگ ط§ظ„ط£ظ†ظپظڈط³ظڈ ط§ظ„ط´ظ‘ظڈطظ‘ظژ ظˆظژط¥ظگظ† طھظڈطظ’ط³ظگظ†ظڈظˆط§ظ’ ظˆظژطھظژطھظ‘ظژظ‚ظڈظˆط§ظ’ ظپظژط¥ظگظ†ظ‘ظژ ط§ظ„ظ„ظ‘ظژظ‡ظژ ظƒظژط§ظ†ظژ ط¨ظگظ…ظژط§ طھظژط¹ظ’ظ…ظژظ„ظڈظˆظ†ظژ ط®ظژط¨ظگظٹط±ط§ظ‹ ﴾ ﴿ظˆظژظ„ظژظ† طھظژط³ظ’طھظژط·ظگظٹط¹ظڈظˆط§ظ’ ط£ظژظ† طھظژط¹ظ’ط¯ظگظ„ظڈظˆط§ظ’ ط¨ظژظٹظ’ظ†ظژ ط§ظ„ظ†ظ‘ظگط³ظژط¢ط،ظگ ظˆظژظ„ظژظˆظ’ طظژط±ظژطµظ’طھظڈظ…ظ’ ظپظژظ„ط§ظژ طھظژظ…ظگظٹظ„ظڈظˆط§ظ’ ظƒظڈظ„ظ‘ظژ ط§ظ„ظ’ظ…ظژظٹظ’ظ„ظگ ظپظژطھظژط°ظژط±ظڈظˆظ‡ظژط§ ظƒظژط§ظ„ظ’ظ…ظڈط¹ظژظ„ظ‘ظژظ‚ظژط©ظگ ظˆظژط¥ظگظ† طھظڈطµظ’ظ„ظگطظڈظˆط§ظ’ ظˆظژطھظژطھظ‘ظژظ‚ظڈظˆط§ظ’ ظپظژط¥ظگظ†ظ‘ظژ ط§ظ„ظ„ظ‘ظژظ‡ظژ ظƒظژط§ظ†ظژ ط؛ظژظپظڈظˆط±ط§ظ‹ ط±ظ‘ظژطظگظٹظ…ط§ظ‹ - ظˆظژط¥ظگظ† ظٹظژطھظژظپظژط±ظ‘ظژظ‚ظژط§ ظٹظڈط؛ظ’ظ†ظگ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ظƒظڈظ„ط§ظ‘ظ‹ ظ…ظ‘ظگظ† ط³ظژط¹ظژطھظگظ‡ظگ ظˆظژظƒظژط§ظ†ظژ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ظˆظژط³ظگط¹ط§ظ‹ طظژظƒظگظٹظ…ط§ظ‹ ﴾ (128. And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. And human souls are swayed by greed. But if you do good and have Taqwa, verily, Allah is Ever Well-Acquainted with what you do.) (129. You will never be able to do perfect justice between wives even if it is your ardent desire, so do not incline too much to one of them so as to leave the other hanging. And if you do justice, and do all that is right and have Taqwa, then Allah is Ever Oft-Forgiving, Most Merciful.) (130. But if they separate (by divorce), Allah will provide abundance for everyone of them from His bounty. And Allah is Ever All-Sufficient for His creatures' needs, All-Wise.)
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