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]
۩•۞•۩
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)]
۩•۞•۩
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
۩•۞•۩
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.
۩•۞•۩
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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