Sura An-Nisa'

(The Women)

Section 1

Responsibilities of the Guardians of Orphans

Respect for the ties of relationship -Care of orphans' property

Conditional Polygamy Permitted -Warning against embezzlement of orphans' property.

.. .

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيمِ
يَا أَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيراً وَنِسَاء وَاتَّقُواْ اللّهَ الَّذِي تَسَاءلُونَ بِهِ وَالأَرْحَامَ إِنَّ اللّهَ كَانَ عَلَيْكُمْ رَقِيبًا {1}

In the Name of Allah, the Beneficent, the Merciful

1."O' people! be in awe of your Lord, Who created you from a single soul and from it created its mate and spread from them (the couple) many men and women. And be in awe of Allah through Whom you demand one of another, as well as any ties of kinship; Surely Allah is watching over you."

Commentary:

Challenge against Unjust Discrimination.  

The first verse of this Sura addresses all human beings. The content of this verse is a message to mankind as a whole. It invites them to piety and being in awe of Allah. It says:

"O'people! be in awe of your Lord..."

Then, to introduce the Lord Who is aware of all deeds of human beings, it points to one of His attributes which is the origin of the unity of human race. It says:

"... Who created you from a single soul ..."

The phrase 'a single soul' refers to the first human being whom the Qur'an introduces as 'Adam', the father of all human beings. The application of the term /bani'adam/ 'the children of 'Adam' in the Qur'an refers to this meaning, too.

Then, in the next sentence, it says:

"…And from it created its mate ...

This means that He created Adam's wife from his nature, not from the limbs of his body. Basing on a tradition from Imam Baqir (a) the creation of Eve from one of the ribs of Adam has intensely been rejected, and it has been stipulated that Eve was created from the rest of Adam's clay.

In the next verse, it continues saying:

"... and spread from them (the couple) many men and women..."

This idea leads to the comprehension that the multiplying of the race of the children of Adam has been performed only through Adam and his wife, and no other creature has had any hand in it.

Then, for the sake of the importance that piety has in the structure of the foundation of a safe and sound society, again it invites people to observing piety. It advises people to be in awe of Allah, the One Who is Great in their view, so that when they want to demand something from others, they apply His Name. It says: 

"... And be in awe of Allah through Whom you demand one of another..."

And it adds that:

"... as well as any ties of kinship..."

Mentioning this subject here is a sign of an extraordinary importance that the Qur'an maintains for strengthening blood-kinship.

At the end of the verse, it says:

"... Surely Allah is watching over you."

That is, He sees all your deeds and intentions and, by the way, He protects you against unpleasant adventures.

وَآتُواْ الْيَتَامَى أَمْوَالَهُمْ وَلاَ تَتَبَدَّلُواْ الْخَبِيثَ بِالطَّيِّبِ وَلاَ تَأْكُلُواْ أَمْوَالَهُمْ إِلَى أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا {2}

2. "And give the orphans their property, and do not exchange something bad (of yours) for something good (of theirs), nor devour their property along with your own; (for) it is surely a great crime."

Occasion of Revelation:

At the time of the Prophet of Islam (s), one of the members of a tribe by the name of Bani-Qatfan had a rich brother, and it happened that the rich brother passed away. Then, as a guardian of his brother's orphans, he took his property in his possession, but when his brother's son matured and demanded it, he denied returning his right to him. The subject was explained to the holy Prophet (s). Then this verse was revealed, and when the man heard it, he repented and returned the property to its owner. Then the man said: "I refuge with Allah from that I be polluted through the great sin."

Commentary:

Treachery in Orphans' Property Is Forbidden!

In any society it happens that, as a result of some events and accidents, some parents die and there remain some little children from them.

There are three important instructions upon the property of orphans mentioned in this verse.

1. At first, it instructs as such:

"And give the orphans their property,.."

This ordinance means that your interference in these properties is in the rank of a trustee and as an inspector, not as a possessor.

2. The second instruction is to prevent guardians from devouring the property of orphans.

Sometimes it happens that some guardians of the orphans, under the pretext that changing the property of the orphan is benefit able for the orphan, or it makes no difference to change it, or if it remains it will be wasted, take the best and choice parts of the properties of the orphans and put their own bad and undemanded properties in their places. The Qur'an says:

"... and do not exchange something bad (of yours) for something good (of theirs)..."

3. The third instruction has been added as follows:

"... nor devour their property along with your own..."

This sentence means that: do not mix the property of the orphans with your own property so that its result ends to the possession of the whole. Or, do not mix your undesirable property with their good property so that its result be treading the rights of the orphans.

At the end of the verse, to emphasize and prove the importance of the matter, -that this kind of transgression to the property of the orphans is a great sin, it says:

"... (for) it is surely a great crime."

وَإِنْ خِفْتُمْ أَلاَّ تُقْسِطُواْ فِي الْيَتَامَى فَانكِحُواْ مَا طَابَ لَكُم مِّنَ النِّسَاء مَثْنَى وَثُلاَثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلاَّ تَعُولُواْ {3}

3. "And, if you fear that you cannot act equitably towards orphans, then marry those women who seem good to you, two, or three, or four; but if you (still) fear that you will not act justly (between them) then ( marry ) only one or someone your right hands have acquired. That is more proper, that you may not deviate from equity."

Occasion of Revelation:

Before Islam, it was customary in Arabia among many people that they took the orphan girls to their houses under the name of defraying and guardianship and then they married them and appropriated their property, too. They assigned even their dowries less than what the ordinary amount was, since every thing was in their own hand, and when they felt the least inconvenience from them, they would easily leave them off.

At that time the verse was revealed and instructed the guardians of the orphans that they could marry the girl orphans if they observed justice about them completely.

Commentary:

In this verse, another right, out of the rights of the orphans, is pointed out. It admonishes that at the time of marrying the girl orphans, if you fear that you cannot observe the right and justice about the conditions of matrimony, as well as their property, relinquish marrying them and refer to other women. It says:

"And, if you fear that you cannot act equitably towards orphans, then marry those women who seem good to you..."

Then, it adds that you may choose from among them two or three or four to marry with. It says:

"... two, or three, or four..."

So, immediately after that it continues saying that this is in the case that you keep the perfect justice. But, if you fear that you do not observe justice unto those wives of yours, you must suffice to only one wife, so that you keep away from imposing cruelty and transgression against others. It says:

"... but if you (still) fear that you will not act justly (about them) then (marry) only one..."

Or, instead of taking a second wife, you may take advantage of the She-slave that you have, because their conditions are less heavy, although they must enjoy of their own rights, too. It says:

"... or someone your right hands have acquired..."

This action -choosing only one wife or your slave, better prevents you from cruelty and deviating from the path of equity. It says:

"... That is more proper that you may not deviate from equity."

Justice about Wives:

What a man is enjoined to observe in justice about his wife is the observance of the equity in one's practical conditions and outward aspects of life, because applying justice in heartily affections is out of the ability of man. [2]

Explanations:

1. Islam is the supporter of the deprived class of the society, especially the orphans, and the girl orphans in particular, emphatically on the subject of chastity, matrimony, and misusing them.

2. It is not necessary to be assured of inequity of yourself to abandon marrying the orphans, but probability and fear from it of your own side, is enough either.

3. In choosing a wife, heartily willing is a principal.

4. On the whole, Islam agrees with conditioned polygamy for men.

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[2] It can be said that the wisdom of polygamy lies in the following:

1. The number of death for men in wars and accidents is larger than that of women and, therefore, some women become widows.

2. Women have monthly periods when no association occurs.

3. Few of the young men are willing to marry a widow woman.

4. Not all of the husbandless widows are pious or have the power to control them. Therefore, either, for the consent of the first husband, the rights of the widows should be ignored, or the problem must be solved by a project. Thus, basing on some conditions, men can marry a second wife in order to solve the difficulty of the both parties.

وَآتُواْ النَّسَاء صَدُقَاتِهِنَّ نِحْلَةً فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا {4}

4. "And give women their dowries as a free gift, but if they, of themselves, be pleased to give up to you something of it, then consume it with pleasure and wholesomely."

Commentary:

Concerning the above verse where this term has been applied, it can be explained that the Arabic term /nihlah/, as Raqib Esfahani has said, is derived from /nahl/ in the sense of 'bee'. Since a bee gives honey to people and expects nothing, so, a present is also called /nihlah/.

An Islamic tradition indicates that the finest properties should be used in three occasions: 1. Dowry -2. Hajj pilgrimage -3. Shroud. If you spend your best properties in paying dower, your offspring will be of the righteous. [3]

Explanations:

1. Paying dower of the wife (which is her right) is obligatory.

2. Dower sum is not the rate of a lady, but it is a wedding gift and the sign of affection and friendship.

"And give women their dowries as a free gift..."

3. Dowry is the gift of man to the woman, and never it is her cost. However, we must know that dower is a financial support for the woman at the probable time of separation and as a compensation of her damage.

4. A woman has the right of possession of her dower. Thus, the parents and relatives of the lady have no right at all to take it for themselves.

5. A woman is free to take her dowry or donate it.

"... but if they, of themselves, be pleased to give up to you something of it..."

6. A wholesome wealth is that which whose owner bestows willingly and pleasantly.

"... but if they, of themselves, be pleased to give up to you something of it, then consume it with pleasure and wholesomely."

7. The extrinsic consent is not enough, but heartily consent is essential when the Qur'an says: "of themselves". Then, unwillingly given or compulsory remits are not valid.

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 [3] Atyab-ul-Bayan, commentary, vol. 4, p. 12