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

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[[File:Quran 4-3.png|290px|right|thumb]]
[[File:Quran 4-3.png|290px|right|thumb]]
This article will examine a common apologetic [[Misrepresentations of Islamic Scripture|interpretation]] of [[Qur'an]] 4:3, and evidence provided in the [[sahih]] [[hadith|ahadith]] as to the true meaning of this verse.  
This article will examine a common apologetic [[Misrepresentations of Islamic Scripture|interpretation]] of [[Qur'an]] 4:3, and evidence provided in the [[sahih]] [[hadith|ahadith]] as to the true meaning of this verse.  
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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 explanation for 4:3 is to give the above '' partial '' quote of the verse and explain that a Muslim man ''may'' [[Marriage|marry]] up to [[Polygamy in Islamic Law|four women]]. However, 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. Muslims explain that the use of the word "Justice" or "Justly" (depending on which translation is being used) 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.  
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" (depending on which translation is being used) 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, 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.  


====The injunction against polygamy====
====The injunction against polygamy====
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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 us that men are unable to deal Justly with more than one wife. This means that men are generally not allowed to engage in polygamy. However, Allah included the allowance for multiple wives under specific circumstances. These include war, gender imbalance in certain regions/countries and women's preference.  
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. The end conclusion of this interpretation is that men are generally not allowed to engage in polygamy. The verse is nothing more than Allah inclduing the allowance for multiple wives under specific circumstances. These include war, gender imbalance in certain regions/countries and women's preference.  


After a war where a lot of men are killed, there are usually much higher numbers of women alive than men. In this case, men are permitted to take more than one wife, 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, as stated, men are prohibited from engaging in polygamy unless absolutely necessary.
But as a general rule, under this understanding, men are prohibited from engaging in polygamy in most cases unless absolutely necessary.


===='Qur'an-only' explanation====
eat them all exactly the same (fairly) then they can only marry'' one.'' >> Men can also marry their captives but "treat them fairly" rule still applies.


The few who reject the ahadith altogether, except when it is necessary in order to explain an [[Five Pillars of Islam|Islamic Pillar]], give an explanation of 4:3 as being an injunction against polygamy under any circumstances. They back their claim up by quoting [[Unjust Treatment of Wives (Qur'an 4:129)| 4:129]]
==The Meaning of Qur'an 4:3 in Context==
 
{{quote |{{Quran|4|129}}| ''' And you have it not in your power to do justice between wives, even though you may wish (it), but be not disinclined (from one) with total disinclination, so that you leave her as it were in suspense; and if you effect a reconciliation and guard (against evil), then surely Allah is Forgiving, Merciful. ''' }}
 
The reasoning continues that a man can'' never ''treat his wives equally, thus 4:3 means: Don't treat orphans unfairly, by marrying their mothers in order to gain access to the wealth that the orphans will inherit when they come of age. Then 4:3 changes the topic, mid ayat and tells men that they can marry up to four free (believing) women, but if they cannot treat them fairly, then they can marry only one. Then 4:3 goes back to who they are allowed to marry, and says they may also marry captives (from their right hands), but that the injunction from the previous part of the verse still applies.
 
i.e. don't mistreat orphans by marrying their mothers to get their wealth >> Men can marry believing women; 2 or 3 or 4 >> If you can't treat them all exactly the same (fairly) then they can only marry'' one.'' >> Men can also marry their captives but "treat them fairly" rule still applies.
 
==Evidence as to the real meaning of 4:3==


====Problems with the apologetic interpretation====
====Problems with the apologetic interpretation====


The main issue with the above interpretation of 4:3'' and'' the claim regarding 4:129, is that proponents of these interpretations must quote the verses out of context in order to "explain the meaning." They quote a small portion of the verse(s) and and use it to suit the explanation. However the interpretation that they give ignores the majority of the verse(s); and renders the whole verse(s) nonsensical if read in context.
The main issue with the above interpretation of 4:3'' and'' the claim regarding 4:129, is that proponents of these interpretations must quote the verses out of context in order to "explain the meaning." They quote a small portion of the verse(s) and and use it to suit the explanation. The interpretation that they give ignores the majority of the verse(s); and renders the whole verse(s) nonsensical if read in context.


Those who explain the two verses completely as an injunction against polygamy would have to dismiss all sahih ahadith as not being authentic, for no other reason than it contradicts their own interpretation of the verse. They would also have to admit that 4:3 is badly written and not clear in its intended meaning. By doing this, they would contradict the Muslim belief that the Qur'an is a ''perfect literary masterpiece, that could not have been written by any human being. ''In order for the Qur'an to remain the "literary masterpiece" claimed, and this explanation to be correct, the verse would be more properly written thus:
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. They would also have to admit that 4:3 is badly written and not clear in its intended meaning.


{{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. '' }}


Most apologists, because of this, will avoid answering any questions as to the meaning of the whole verse(s) in order to stick to their own interpretation.
The apologetic explanation that this verse forbids polygyny in most cases does not stand to scrutiney from the usual sources, the hadith and the tafsir traditions, used to explain the Qur'an in the Sunni (and Shi'i) exegetical traditions.  


====Evidence From sahih ahadith as to the meaning of 4:3====
====Evidence From sahih ahadith as to the meaning of 4:3====


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


{{quote |{{Bukhari|||2494|darussalam}}|Narrated 'Urwa bin Az-Zubair:
{{quote |{{Bukhari|||2494|darussalam}}|Narrated 'Urwa bin Az-Zubair:
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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”. }}


==Conclusion==
==Summary==


Although the ahadith above do not discuss the verse in its entirety, the [[tafsir]]s do. It is important to note that Aisha and the tafsir writers have defined "justice" for us. Kathir even makes it plain that 4:3 is not referring to perfect justice, so th alleged injunction against polygamy is invalid.  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 as follows:
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 is not present.  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 as follows:


{{quote | {{Quran|4|25}} |
{{quote | {{Quran|4|25}} |
And whoever among you ''''has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess'''' from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, ''''and give them their dowries justly'''', they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful. }}
And whoever among you ''''has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess'''' from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, ''''and give them their dowries justly'''', they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful. }}


In light of all the information provided above, if we wish to give Qur'an 4.3 its full expansive meaning it would read something like this:
In light of all the information provided above, to give Qur'an 4.3 its full expansive meaning it would read something like this:


{{quote || ''' "If you are going to pay Orphans Less of a Mahr, or are just marrying them to get their property/wealth (or preventing them from marrying), then marry other women, 2 or 3 or 4, but if you cannot afford them (mahr, or support) then marry only one or a captive that your right hand possesses (as the Mahr is half that of a free woman or even nothing). This is better for you, than being financially unjust with your women." ''' }}
{{quote || ''' "If you are going to pay Orphans Less of a Mahr, or are just marrying them to get their property/wealth (or preventing them from marrying), then marry other women, 2 or 3 or 4, but if you cannot afford them (mahr, or support) then marry only one or a captive that your right hand possesses (as the Mahr is half that of a free woman or even nothing). This is better for you, than being financially unjust with your women." ''' }}
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==Alternative Views==
==Alternative Views==


Dividing the ayah into several pieces will make it easier to get a grip on an alternative view, which is not related to the mahr story in any way.
Dividing the verse into several pieces makes it easier to get a grip on an alternative view, which is not related to the mahr story in any way.


====And if you fear that you cannot act equitably towards orphans ...====
====And if you fear that you cannot act equitably towards orphans ...====
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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.  


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.  
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 {{quote || the amount of money to be paid by the groom to the bride, at the time of marriage }} 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 definitely not an 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 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 part, 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}}  


====or what your right hands possess ...====
====or what your right hands possess ...====
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{{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}}


It is clear that the ayah is not in any way about paying an underage child the mahr justly, but about fulfilling one's sexual needs. But why would fulfilling sexual needs scare a man as long as he marries the orphan child legally? Who are those orphans?
It is clear that the verse is not in any way about paying an underage child the mahr justly, but about fulfilling one's sexual needs. But why would fulfilling sexual needs scare a man as long as he marries the orphan child legally? Who are those 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.
*They are not free orphan children in any way, for it's not illegal to marry a child regardless of her age as it's seen on Muhammad and Aisha's, Omar and Ali's daughter Ummu Gulsum's marriages etc.
*They are not free orphan children in any way, for it's not illegal to marry a child regardless of her age as it's seen on Muhammad and Aisha's, Omar and Ali's daughter Ummu Gulsum's marriages etc.


After eliminating the other possibilities by the help of facts above, the only possibility left is: those are the man's maids' orphan children. Let's see how it is.
After eliminating the other possibilities by the help of facts above, the only possibility left is: those are the man's maids' orphan children.  


In {{Quran|24|33}} it is seen that the maids were also forced into prostitution by their owners. Maids or slaves were considered property, owners had the right to use them in any way they wanted. Maids 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 maid's owner. But if not, then the child would also be a slave or maid and used by the master.
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.
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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.
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.


====Conclusion====
====Summary====
   
   
The orphans mentioned in that ayah are those maids' children whose fathers are unknown, for the maids were used by both their owners and other men. And the real meaning of the ayah 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:


{{quote ||If you fear from acting unjustly in the eye of Allah by using your own child as a sex toy (without knowing it), marry other women as many as you need (because they are definitely not your close relatives), but if you can not marry other women due to economical or other reasons, then content yourself with the maids you already have}}
{{quote ||If you fear from acting unjustly in the eye of Allah by using your own child as a sex toy (without knowing it), marry other women as many as you need (because they are definitely not your close relatives), but if you can not marry other women due to economical or other reasons, then content yourself with the maids you already have}}
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