Tafsir of Surah An-Nisa' - Verse 127

The Ruling Concerning Female Orphans

Al-Bukhari recorded that `A'ishah said about the Ayah,

وَيَسْتَفْتُونَكَ فِى النِّسَآءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ

(They ask your instruction concerning women. Say, "Allah instructs you about them...) until,

وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ

(whom you desire to marry...) "It is about the man who is taking care of a female orphan, being her caretaker and inheritor. Her money is joined with his money to such an extent, that she shares with him even the branch of a date that he has. So he likes (for material gain) to marry her himself, and hates to marry her to another man who would have a share in his money, on account of her share in his money. Therefore, he refuses to let her marry anyone else. So, this Ayah was revealed." Muslim also recorded it. Ibn Abi Hatim recorded that `A'ishah said, "The people asked Allah's Messenger ﷺ (about orphan girls), so Allah revealed,

وَيَسْتَفْتُونَكَ فِى النِّسَآءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِى الْكِتَـبِ

(They ask your instruction concerning women. Say, "Allah instructs you about them and about what is recited unto you in the Book...") What is meant by Allah's saying, `And about what is recited unto you in the Book' is the former verse which said,

وَإِنْ خِفْتُمْ أَلاَّ تُقْسِطُواْ فِى الْيَتَـمَى فَانكِحُواْ مَا طَابَ لَكُمْ مِّنَ النِّسَآءِ

(If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.)" `A'ishah said, "Allah's statement,

وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ

(whom you desire to marry...) also refers to the desire of the guardian not to marry an orphan girl under his supervision when she lacks property or beauty. 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)." The basis of this is recorded in Two Sahihs. Consequently, when a man is the caretaker of a female orphan, he might like to marry her himself. In this case, Allah commands him to give her a suitable dowry that other women of her status get. If he does not want to do that, then let him marry other women, for Allah has made this matter easy for Muslims. Sometimes, the caretaker does not desire to marry the orphan under his care, because she is not attractive to his eye. In this case, Allah forbids the caretaker from preventing the female orphan from marrying another man for fear that her husband would share in the money that is mutually shared between the caretaker and the girl. `Ali bin Abi Talhah said that Ibn `Abbas said, "During the time of Jahiliyyah, the caretaker of a female orphan would cover her with his rope, and when he did that, no man would marry her. If she was beautiful and he desired to marry her, he married her and took control of her wealth. If she was not beautiful, he did not allow her to marry until she died, and when she died he inherited her money. Allah prohibited and outlawed this practice. " He also said about Allah's statement,

وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَنِ

(and the children who are weak and oppressed,) that during the time of Jahiliyyah, they used to deny young children and females a share of inheritance. So Allah's statement,

لاَ تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ

(you give not what they deserve) thus prohibiting this practice and designating a fixed share for each,

لِلذَّكَرِ مِثْلُ حَظِّ الاٍّنْثَيَيْنِ

(To the male, a portion equal to that of two females..) whether they were young or old, as Sa`id bin Jubayr and others stated. Sa`id bin Jubayr said about Allah's statement,

وَأَن تَقُومُواْ لِلْيَتَـمَى بِالْقِسْطِ

(and that you stand firm for justice to orphans.) "Just as when she is beautiful and wealthy you would want to marry her and have her for yourself, so when she is not wealthy or beautiful, marry her and have her for yourself." Allah's statement,

وَمَا تَفْعَلُواْ مِنْ خَيْرٍ فَإِنَّ اللَّهَ كَانَ بِهِ عَلِيماً

r(And whatever good you do, Allah is Ever All-Aware of it.) encourages performing the good deeds and fulfilling the commandments, and states that Allah is knowledgeable of all of this and He will reward for it in the best and most perfect manner.

وَإِنِ امْرَأَةٌ خَـفَتْ مِن بَعْلِهَا نُشُوزاً أَوْ إِعْرَاضاً فَلاَ جُنَاْحَ عَلَيْهِمَآ أَن يُصْلِحَا بَيْنَهُمَا صُلْحاً وَالصُّلْحُ خَيْرٌ وَأُحْضِرَتِ الأنفُسُ الشُّحَّ وَإِن تُحْسِنُواْ وَتَتَّقُواْ فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيراً

1\. The Qur'anic words وَتَرْ‌غَبُونَ أَن تَنكِحُوهُنَّ admit two possible translations: First, and tend to marry them," which refers to the people who, attracted to the beauty of the orphan girls, used to marry them without giving them the due rights- of a wife. The second possible translation is: and you avoid marrying them". It refers to the people who did not marry the orphan girls because of their unattractive features, but at the same time did not let them marry others, because they wanted that their wealth should remain in their hands.

At the beginning of this Surah, particular injunctions relating to orphans and women were mentioned. Also stressed there was the mandatory nature of the need to fulfill their rights. The reason was that, during the days of Jahiliyyah, some people would simply refuse to give any part of the inheritance to them, others would unlawfully eat up what they got in inheritance or through any other alternate source, still others would marry them but avoided paying full dower they were entitled to; these were practices prohibited as stated earlier. This caused different situations to arise. There were those who thought that women and children are not entitled to inherit as a matter of right - may be, this injunction had come as an expedient measure for some people only and it was likely that it will be abrogated later. Some of them even waited for this to happen. But, when there was no abrogation, they decided among themselves that they should go directly to the Holy Prophet ﷺ and ask him. This they did. According to Ibn Jarir and Ibn al-Mundhir, this very question was the reason behind the revelation of this verse and the verses which followed carried additional rulings relating to women (Bayan al-Qur'an).

When people asked the Prophet about the injunctions of the shariah on various social matters, he was instructed by God that great emphasis must be laid on goodness, justice, fraternity and piety. This is because any law serves its purpose only when the person who has to enforce it is God-fearing and truly desirous of justice. In the absence of such an attitude, despite the actual enforcement of law, no real reform can be brought about. Moreover, social reform can take place only when the evil-doer realizes that he is ultimately accountable to God and that, even if he manages to fool the people and save himself from the consequences of his crime in this world, he cannot escape from God’s grip. As for the doer of good works, he should carry on his efforts irrespective of whether or not he is appreciated by the people, in the belief that God is certainly watching him and will definitely reward him for his endeavours. The dread of Hell will deter him from injustice and the hope of Paradise will give him the courage to endure the loss which is invariably faced in the process of living a truthful life.