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Dealing Justly with Wives and Orphans (Qur'an 4:3): Difference between revisions
Dealing Justly with Wives and Orphans (Qur'an 4:3) (view source)
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{{QualityScore|Lead=1|Structure=2|Content=2|Language=3|References=3}} | {{QualityScore|Lead=1|Structure=2|Content=2|Language=3|References=3}} | ||
[[File:Quran 4-3.png|290px|right|thumb]] | [[File:Quran 4-3.png|290px|right|thumb]] | ||
[[Qur'an]] 4:3 mentions orphans in same verse that allows polygyny, and some Islamic apologists have made the argument that the care of orphans is the main reason why the Qur'an allows polygyny. Evidence from the [[sahih]] [[hadith]] can show how the Islamic canon and tradition as a whole views this verse. | |||
==Qur'an 4:3== | ==Qur'an 4:3== | ||
{{quote |{{Quran|4|3}}|"And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course. " }} | {{quote |{{Quran|4|3}}|وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا۟ فِى ٱلْيَتَٰمَىٰ فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ ذَٰلِكَ أَدْنَىٰٓ أَلَّا تَعُولُوا۟ | ||
"And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course. " }} | |||
==Apologetic claims regarding 4:3== | ==Apologetic claims regarding 4:3== | ||
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{{quote ||The Quran is the only Holy Book that contains the phrase "...marry only one."}} | {{quote ||The Quran is the only Holy Book that contains the phrase "...marry only one."}} | ||
A common exegesis for 4:3 is involves giving the above '' partial '' quote of the verse out of context and explaining that a Muslim man ''may'' [[Marriage|marry]] up to [[Polygamy in Islamic Law|four women]]. However, in this understanding, if he cannot deal justly with each of the wives then he has, he is ''forbidden'' to marry that many; and can marry only one wife, to prevent treating women unfairly. Muslim apologists explain that the use of the word "Justice" or "Justly" ( | A common exegesis for 4:3 is involves giving the above '' partial '' quote of the verse out of context and explaining that a Muslim man ''may'' [[Marriage|marry]] up to [[Polygamy in Islamic Law|four women]]. However, in this understanding, if he cannot deal justly with each of the wives then he has, he is ''forbidden'' to marry that many; and can marry only one wife, to prevent treating women unfairly. Muslim apologists explain that the use of the word "Justice" or "Justly" (in Arabic تَعْدِلُوا۟ ta'dilu a single verb which means "deal justly (with)) refers to the man's ability to treat each of his wives ''exactly the same ''in every regard: not just materially (i.e. food, clothing, shelter, time, money, etc.) but also that he must be able to love them all exactly the same. He must be able to'' feel'' the same amount of affection and love for each of his wives. | ||
If he cannot do this, then, in this understanding according to the Qur'an he cannot marry more than one wife. | If he cannot do this, then, in this understanding according to the Qur'an he cannot marry more than one wife. | ||
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{{quote || ''' And you have it not in your power to do justice between wives, even though you may wish (it)..." ''' }} | {{quote || ''' And you have it not in your power to do justice between wives, even though you may wish (it)..." ''' }} | ||
Some [[apologists]] will provide more evidence to back up their interpretation of 4:3 by giving the '' partial quote ''of [[Unjust Treatment of Wives (Qur'an 4:129)| 4:129]] as above. Since [[Allah]] says that you can only marry (up to) four women if you can deal justly with them, and in 4:129, Allah tells the reader that men are unable to deal justly with more than one wife | Some [[apologists]] will provide more evidence to back up their interpretation of 4:3 by giving the '' partial quote ''of [[Unjust Treatment of Wives (Qur'an 4:129)| 4:129]] as above. Since [[Allah]] says that you can only marry (up to) four women if you can deal justly with them, and in 4:129, Allah tells the reader that men are unable to deal justly with more than one wife, thus the end conclusion of this interpretation is that men are generallyforbidden to engage in polygamy. In this understanding the verse is nothing more than Allah allowing polygyny in very specific circumstances. These include war, gender imbalance in certain regions/countries and women's preference. | ||
After a war where many men are killed, there are usually much higher numbers of women alive than men. According to this understanding, men are permitted to take more than one wife in this situation, in order to reproduce at a faster rate than normal in order to repopulate the region. Women are more prevalent in some areas of the world, and men are also allowed to marry multiple wives when this is the situation, in order to ensure that every woman has a male partner and doesn't have to fend for herself. Some women also prefer to be a second, third or fourth wife; thus polygamy is also allowed in order to accommodate the desires of these women. | After a war where many men are killed, there are usually much higher numbers of women alive than men. According to this understanding, men are permitted to take more than one wife in this situation, in order to reproduce at a faster rate than normal in order to repopulate the region. Women are more prevalent in some areas of the world, and men are also allowed to marry multiple wives when this is the situation, in order to ensure that every woman has a male partner and doesn't have to fend for herself. Some women also prefer to be a second, third or fourth wife; thus polygamy is also allowed in order to accommodate the desires of these women. | ||
But as a general rule, under this understanding, men are prohibited from engaging in polygamy in most cases unless absolutely necessary. | But as a general rule, under this understanding, men are prohibited from engaging in polygamy in most cases unless absolutely necessary. | ||
==The Meaning of Qur'an 4:3 in Context== | ==The Meaning of Qur'an 4:3 in Context== | ||
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====Problems with the apologetic interpretation==== | ====Problems with the apologetic interpretation==== | ||
The main issue with the above | The main issue with the above interpretations of 4:3'' and'' the claim regarding 4:129, is that these interpretations do not work in the full context of the text and the Islamic tradition which developed around them. The apologists quote a small portion of the verse(s) and and ignore the rest in their interpretation. The interpretation that they ignores most of the text of the verse and the tradition. | ||
Those who explain the two verses completely as an injunction against polygamy would have to dismiss all sahih hadiths as not being authentic, for no other reason than it contradicts their own interpretation of the verse | Those who explain the two verses completely as an injunction against polygamy would have to dismiss all sahih hadiths as not being authentic, for no other reason than it contradicts their own interpretation of the verse. | ||
{{quote || '' Quran 4:3 And if you fear that you cannot act equitably towards orphans, then do not marry their mothers. Instead, marry other women; believing women or captives from your right hand; two or three or four. But if you fear you cannot do justice between them, then marry only one. This is better for you than to deviate from the right course. '' }} | {{quote || '' Quran 4:3 And if you fear that you cannot act equitably towards orphans, then do not marry their mothers. Instead, marry other women; believing women or captives from your right hand; two or three or four. But if you fear you cannot do justice between them, then marry only one. This is better for you than to deviate from the right course. '' }} | ||
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(And if ye fear that ye will not deal fairly by the orphans…) [4:3]. Abu Bakr al-Tamimi informed us> ‘Abd Allah ibn Muhammad> Abu Yahya> Sahl ibn ‘Uthman> Yahya ibn Za’idah> Hisham ibn ‘Urwah> his father> ‘A’ishah who said, regarding the words of Allah (And if ye fear that ye will not deal fairly by the orphans): “This was revealed about any custodian under whose care is a female orphan who possesses some wealth and does not have anyone to defend her rights. The custodian refuses to give this orphan in marriage out of greed for her money, harms her and treats her badly. And so Allah, exalted is He, says (And if ye fear that ye will not deal fairly by the orphans marry of the women, who seem good to you…) as long as they are lawful to you and leave this one”. This was narrated by Muslim> Abu Kurayb> Abu Usamah> Hisham. Sa‘id ibn Jubayr, Qatadah, al-Rabi‘, al-Dahhak and al-Suddi said: “People used to be wary of the wealth of orphans but took liberty with women and married whoever they liked. And sometimes they were fair to them and sometimes they were not. So when they asked about the orphans and the verse (Give unto orphans their wealth), regarding the orphans, was revealed, Allah, exalted is He, also revealed (And if ye fear that ye will not deal fairly by the orphans). He says here: ‘Just as you fear that you will not deal fairly by the orphan, so should you fear that you do not deal fairly by women. Therefore, marry only as many as you can fulfill their rights, for women are like orphans as far as weakness and incapacity are concerned’. This is the opinion of Ibn ‘Abbas according to the narration of al-Walibi”. }} | (And if ye fear that ye will not deal fairly by the orphans…) [4:3]. Abu Bakr al-Tamimi informed us> ‘Abd Allah ibn Muhammad> Abu Yahya> Sahl ibn ‘Uthman> Yahya ibn Za’idah> Hisham ibn ‘Urwah> his father> ‘A’ishah who said, regarding the words of Allah (And if ye fear that ye will not deal fairly by the orphans): “This was revealed about any custodian under whose care is a female orphan who possesses some wealth and does not have anyone to defend her rights. The custodian refuses to give this orphan in marriage out of greed for her money, harms her and treats her badly. And so Allah, exalted is He, says (And if ye fear that ye will not deal fairly by the orphans marry of the women, who seem good to you…) as long as they are lawful to you and leave this one”. This was narrated by Muslim> Abu Kurayb> Abu Usamah> Hisham. Sa‘id ibn Jubayr, Qatadah, al-Rabi‘, al-Dahhak and al-Suddi said: “People used to be wary of the wealth of orphans but took liberty with women and married whoever they liked. And sometimes they were fair to them and sometimes they were not. So when they asked about the orphans and the verse (Give unto orphans their wealth), regarding the orphans, was revealed, Allah, exalted is He, also revealed (And if ye fear that ye will not deal fairly by the orphans). He says here: ‘Just as you fear that you will not deal fairly by the orphan, so should you fear that you do not deal fairly by women. Therefore, marry only as many as you can fulfill their rights, for women are like orphans as far as weakness and incapacity are concerned’. This is the opinion of Ibn ‘Abbas according to the narration of al-Walibi”. }} | ||
== | ==Full Consideration of the Hadith and Tafsir Traditions== | ||
Although the hadiths above do not discuss the verse in its entirety, the [[tafsir]]s do. It is important to note how 'Aisha and the tafsir writers have defined "justice" for the purposes of this verse. Ibn Kathir even makes it plain that 4:3 is not referring to perfect justice, so the alleged injunction against polygamy clearly | Although the hadiths above do not discuss the verse in its entirety, the [[tafsir]]s do. It is important to note how 'Aisha and the tafsir writers have defined "justice" for the purposes of this verse. Ibn Kathir even makes it plain that 4:3 is not referring to perfect justice, so the alleged injunction against polygamy clearly was not something earlier generations of Muslims read into the text. As "justice" is used twice in the verse in connection with two different types of women (orphans and free women) it is apparent that "justice" means the same thing both times it is used. It would be incorrect to assume that "justice" means [[Mahr (Marital Price)|mahr]] in relation to orphans and something else for free women given the context of the verse. One more verse that needs to be considered in order to understand 4.3 is 4:25: | ||
{{quote | {{Quran|4|25}} | | {{quote | {{Quran|4|25}} | | ||
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#Child is the result of permitted adultery of a maid with a man other than her owner | #Child is the result of permitted adultery of a maid with a man other than her owner | ||
Free orphans can be protected by other males whether they are related or not to the child. If a woman marries another man after her husband dies or somehow becomes untraceable, her orphans (underage children) will also be under the protection of the new father. Orphans of slaves are also slaves. But if a | Free orphans can be protected by other males whether they are related or not to the child. If a woman marries another man after her husband dies or somehow becomes untraceable, her orphans (underage children) will also be under the protection of the new father. Orphans of slaves are also slaves. But if a slave gives birth to a child of her owner, then the child is free. | ||
According to Abu Dawud, a child can not be called an orphan after reaching the age of puberty.<ref>''"Narrated Ali ibn AbuTalib: I memorised (a tradition) from the Apostle of Allah (peace_be_upon_him): There is no orphanhood after puberty, and there is no silence for the whole day till the night."'' - {{Abu Dawud||2873|darussalam}}</ref> Puberty can only be understood when the child experiences his first nocturnal ejaculation (wet dream) during his sleep if it's a boy or has her first period if it's a girl. | According to Abu Dawud, a child can not be called an orphan after reaching the age of puberty.<ref>''"Narrated Ali ibn AbuTalib: I memorised (a tradition) from the Apostle of Allah (peace_be_upon_him): There is no orphanhood after puberty, and there is no silence for the whole day till the night."'' - {{Abu Dawud||2873|darussalam}}</ref> Puberty can only be understood when the child experiences his first nocturnal ejaculation (wet dream) during his sleep if it's a boy or has her first period if it's a girl. | ||
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The orphans that are subject to marriage here are ''underage girls''. Traditional Islamic law does not have strict rules limiting the age of marriage, and as seen with Muhammad's marriage to Aisha, marriage to very young girls were also a common practice among early Muslims. | The orphans that are subject to marriage here are ''underage girls''. Traditional Islamic law does not have strict rules limiting the age of marriage, and as seen with Muhammad's marriage to Aisha, marriage to very young girls were also a common practice among early Muslims. | ||
[[Mahr (Marital Price)|Mahr]] is by definition the amount of money to be paid by the groom to the bride, at the time of marriage {{quote ||}} In fact it can be any goods of certain value that both the groom and the bride or bride's protector (her father, brothers, owner etc.) agree on. In this scenario, where a man wants to marry the child under his protection, both sides of the agreement are either the protector, or the protector and an underage child which is still at the early stages of mental development with no prior experience of marriage or mahr agreement. Therefore not paying mahr "justly" is not at issue here. | [[Mahr (Marital Price)|Mahr]] is by definition the amount of money to be paid by the groom to the bride, at the time of marriage {{quote ||}} In fact it can be any goods of certain, known value that both the groom and the bride or bride's protector (her father, brothers, owner etc.) agree on. In this scenario, where a man wants to marry the child under his protection, both sides of the agreement are either the protector, or the protector and an underage child which is still at the early stages of mental development with no prior experience of marriage or mahr agreement. Therefore not paying mahr "justly" is not at issue here. | ||
====but if you fear that you will not do justice (between them), then (marry) only one ...==== | ===="but if you fear that you will not do justice (between them), then (marry) only one ..."==== | ||
In this section, the mahr is one of the possible reasons for the injustice. Marriage requires paying mahr, and paying different amount of mahr to several women may cause problems between the wives. Also it is possible that problems similar to those between Muhammad and his wives may occur. Therefore, here it means {{quote || if you fear that you will not be able to act justly between your wives (economically and socially), then content yourself with only one}} | In this section, the mahr is one of the possible reasons for the injustice. Marriage requires paying mahr, and paying different amount of mahr to several women may cause problems between the wives. Also it is possible that problems similar to those between Muhammad and his wives may occur. Therefore, here it means {{quote || if you fear that you will not be able to act justly between your wives (economically and socially), then content yourself with only one}} | ||
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====or what your right hands possess ...==== | ====or what your right hands possess ...==== | ||
Many times in the Qur'an, | Many times in the Qur'an, concubines and slaves are referred to as "what your right hand possess". | ||
==== | ====Meaning in Context==== | ||
{{quote || If you fear you cannot act equitably towards orphans, than marry as many as women you need. If you can not (economically, psychologically, socially etc.) handle many women, then content yourself with only one. If you can not marry even one, than keep going on with the maid(s) you already have}} | {{quote || If you fear you cannot act equitably towards orphans, than marry as many as women you need. If you can not (economically, psychologically, socially etc.) handle many women, then content yourself with only one. If you can not marry even one, than keep going on with the maid(s) you already have}} | ||
The verse is clearly addressed to the men who want to marry the orphans, but this begs the questions, why would they fear acting inequitably to some orphans, and who were these orphans? | |||
*They are not the orphan step daughters of the man, for {{Quran|4|23}} strictly forbids having intercourse both with women and their daughters. | *They are not the orphan step daughters of the man, for {{Quran|4|23}} strictly forbids having intercourse both with women and their daughters. | ||
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In {{Quran|24|33}} it is seen that the slaves were also subject to the sexual desires of their owners in the Quranic miliue. Slave girls were considered property, owners had the right to use them in any way they wanted. Slave girls were used for prostitution, as treats to the owners' friends, for paying owners' debts etc. | In {{Quran|24|33}} it is seen that the slaves were also subject to the sexual desires of their owners in the Quranic miliue. Slave girls were considered property, owners had the right to use them in any way they wanted. Slave girls were used for prostitution, as treats to the owners' friends, for paying owners' debts etc. | ||
As stated above, the child would be considered "free" if the father was the | As stated above, the child would be considered "free" if the father was the concubine's owner. But if not, then the child would also be a slave or maid and used by the master. | ||
At that time, there was no way of knowing who the father of the child was, if a woman - even if she was already pregnant from a certain man - had sexual intercourse with other men.<ref>''"Abu Darda' (Allah be pleased with him) related from the Prophet of Allah (may peace be upon him) that he came upon a woman who was in the advanced stage of pregnancy at the door of a tent. He (the Holy Prophet) said: Perhaps he (the man accompanying her) intends to cohabit with her. They said: Yes. Thereupon Allah's Messenger (may peace be upon him) said: I have decided to curse him with such a curse as may go along with him to his grave. How can he own him (the child to be born) and that is not lawful for him, and how can he take him as a servant for that is not lawful for him?"'' - {{Muslim||1441a|reference}}</ref> | At that time, there was no way of knowing who the father of the child was, if a woman - even if she was already pregnant from a certain man - had sexual intercourse with other men.<ref>''"Abu Darda' (Allah be pleased with him) related from the Prophet of Allah (may peace be upon him) that he came upon a woman who was in the advanced stage of pregnancy at the door of a tent. He (the Holy Prophet) said: Perhaps he (the man accompanying her) intends to cohabit with her. They said: Yes. Thereupon Allah's Messenger (may peace be upon him) said: I have decided to curse him with such a curse as may go along with him to his grave. How can he own him (the child to be born) and that is not lawful for him, and how can he take him as a servant for that is not lawful for him?"'' - {{Muslim||1441a|reference}}</ref> | ||
If a | If a concubine is offered to other men and used by her owner at the same time, or was already pregnant when she got bought/earned at war and used by her owner during her pregnancy, then that would make the child an orphan and require the master to decide the child's fate, whether to make the child free or making it a slave. If he makes the child a slave, then he would have all the rights to use her as a sex slave well. | ||
==== | ====The meaning of the orphans==== | ||
The orphans mentioned in that verse are those slave girls' children whose fathers are unknown, for the maids were used by both their owners and other men. And the real meaning of the verse is: | The orphans mentioned in that verse are those slave girls' children whose fathers are unknown, for the maids were used by both their owners and other men. And the real meaning of the verse is: | ||