Thursday, January 5, 2017

Tafseer: To marry only one wife when one fears he might do injustice to his other wives

بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد

﴿وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا﴾

{And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.} [Surah al-Nisaa’ (4): 3]

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Narrated `Urwah Ibn al-Zubair that he had asked `Aaishah رضي الله عنها about the meaning of the Statement of Allaah:

{If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice two or three or four.}

She said: O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman.

`Aaishah رضي الله عنها further said: After that verse the people again asked the Prophet صلى الله عليه وسلم (about the marriage with orphan girls), so Allaah revealed the following Aayah:

{They ask your instruction concerning the women. Say: Allaah Instructs you about them and about what is recited unto you in the Book concerning the orphan girls to whom you give not the prescribed portions (as regards Mahr and inheritance) and yet whom you desire to marry...} [Surah al-Nisaa’ (4): 127]

What is meant by Allaah’s saying: {And about what is recited unto you} is the former verse which goes: {If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.}

`Aaishah said: Allaah’s saying in the other verse: {Yet whom you desire to marry} means in this Verse Allaah revealed that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

[Saheeh al-Bukhaaree (2494, 2763, 4574, 5064, 5092, 5140, 6965) and Saheeh Muslim (7156)]

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Tafseer al-Muyassar: (by a group of prominent Scholars – King Fahad complex for Qur’aan printing)

But if you fear that you will not be able to deal justly with the orphan-girls, those who are under your care, by not giving them their share of the Mahr which you would have given to those other than them, then leave them and marry someone else of your choice, two or three or four. But if you fear that you will not be able to deal justly (between your wives), then satisfy with only one (wife) or with the captives or slaves which your right hand possess. This is what Allaah تعالى has legislated for us - in regards (to marrying) the orphan-girls and in marrying women between one and four, or limiting ourselves to only one wife, or those whom the right hand possess – which is nearer to prevent us from doing injustice and transgression.
--end of quote

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Tafseer Ibn Katheer:

Allaah’s statement:

﴿فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَحِدَةً أَوْ مَا مَلَكَتْ أَيْمَـنُكُمْ﴾

{But if you fear that you will not be able to deal justly (with them), then only one or what your right hands possess.} The Aayah commands that if you fear that you will not be able to do justice between your wives by marrying more than one, like Allaah تعالى said:

﴿وَلَن تَسْتَطِيعُواْ أَن تَعْدِلُواْ بَيْنَ النِّسَآءِ وَلَوْ حَرَصْتُمْ﴾

{You will never be able to do perfect justice between (your) wives even if it is your ardent desire} [Surah al-Nisaa’ (4): 129]

If you so fear then marry only one wife, or satisfy yourself with female captives, for it is not obligatory to treat them (the female captives) equally*, rather it is recommended. So if one does so, that is good, and if not, there is no harm on him.
--end of quote

*TN: In some instances, the rulings on the captive women differ from that of the free women. Example: a free unmarried woman will receive hundred lashes if she commits fornication, and a captive woman will receive half that punishment, as Allaah تعالى mentioned in Surah al-Nisaa’ (4): 25.

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Tafseer al-Sa`dee:

Meaning: If you fear that you shall not be able to deal justly between the orphan-girls who are under your care and protection, and you fear that you will not be able to fulfill their rights because of your lack of love for them, then look for some other women.

And marry {women of your choice}, meaning: the ones that attract you because of their religiosity, or wealth, or beauty, or ancestry and noble descent or other characteristics which attract him to marry her. So choose the ones that please you. But the best choice that one makes (from the above options) is to choose the one based on her religiosity as the Prophet صلى الله عليه وسلم had said: A woman may be married for four things: her wealth, her family status, her beauty and her religion. So you should marry the woman who is religious woman, may your hand be besmeared with dust. [Saheeh al-Bukhaaree (5090) and Saheeh Muslim (3457)]

And in this Aayah the people have been given the option to choose before marrying. Rather, Allaah تعالى has made it permissible to look at her before marrying her so that one is acquainted with the matter.

Thereafter, Allaah تعالى mentioned the number of women that are permissible to marry (i.e. the number of women one is allowed to have at any given time). He تعالى said: {two or three, or four}, meaning: whoever loves to have two wives, then he can do so; whoever wishes three wives can do so; and whoever wishes four wives can do so; but one should not exceed this (by having more than four wives at a time). It is not permissible to exceed this limit set by Allaah تعالى as per the consensus (of the scholars).

This permission is granted to man because he may not be able to fulfill his desires by having only one wife. So it has been made permissible for him to marry - one after the other - till he has four wives (altogether), and four is more than sufficient for everyone. And this is only made permissible for him if he is sure about himself that he will not do injustice and oppression, and that he is confident that he will be able to fulfill their rights.

But if he fears that he will not be able to deal justly with them, then he should limit himself with one, or with what his right hand possess (of the female captives). And in regards to the female captives it is not obligatory to treat them equally. {That}, meaning: limiting to only one or with the female captives {is nearer to prevent you from doing injustice}.

In this there is instructions for the slave (of Allaah) to turn away from the matters in which he fears he might do injustice and oppression, and in which (he fears) he will not be able to fulfill the obligations. But if the matters are from the things which are desirable (and not obligatory), then it is not necessary that he should not turn away from them. Rather, what is needed is ability and wellbeing. For indeed, amongst the best things a person receives is: al-`Aafiyah (wellbeing).
--end of quote


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