Dealing Justly with Wives and Orphans (Qur'an 4:3): Difference between revisions

The true meaning of Qur'an 4:3 is explained to us by [[Aisha]] in Bukhari's ''Sahih ''ahadith collection:

That he had asked 'Aisha about the meaning of the Statement of Allah: "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." (4.3)

What is meant by Allah'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.' (4.3) 'Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). 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)." }}

Urwa bin Az-Zubair said that he asked 'Aisha about the meaning of the Quranic Verse:--

and in this Verse Allah indicated 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. }}

Narrated Aisha:

There was an orphan (girl) under the care of a man. He married her and she owned a date palm (garden). He married her just because of that and not because he loved her. So the Divine Verse came regarding his case: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) The sub-narrator added: I think he (i.e. another sub-narrator) said, "That orphan girl was his partner in that datepalm (garden) and in his property."  }}

That he asked 'Aisha regarding the Statement of Allah:

"They ask your instruction regarding women " (4.127) 'Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." 'Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty." }}

that he asked 'Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr[/size] Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14) }}

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful. }}

the same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to so-and-so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet }}

that he asked 'Aisha, saying to her, "O Mother! (In what connection was this Verse revealed):

'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them." 'Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr." }}

That he asked 'Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) 'Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) (The sub-narrator then mentioned the Hadith.) }}

====Evidence from tafsir's regarding 4:3====

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 maid gives birth to a child of her owner, then the child is free.

So, the orphans that are subject to marriage are ''underage girls''. Of course Islam 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.  

As stated above, the child would be considered "free" if the father was the maid's owner. But if not, then the child would also be a slave or maid and used by the master.

If a maid 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.