4-1 O people, keep your duty to your Lord, Who created you from a single being and created its mate of the same (kind),a and spread from these two many men and women.b And keep your duty to Allah, by Whom you demand one of another (your rights), and (to) the ties of relationship. Surely Allah is ever a Watcher over you.c
يا أَيُّهَا النّاسُ اتَّقوا رَبَّكُمُ الَّذي خَلَقَكُم مِن نَفسٍ واحِدَةٍ وَخَلَقَ مِنها زَوجَها وَبَثَّ مِنهُما رِجالًا كَثيرًا وَنِساءً ۚ وَاتَّقُوا اللَّهَ الَّذي تَساءَلونَ بِهِ وَالأَرحامَ ۚ إِنَّ اللَّهَ كانَ عَلَيكُم رَقيبًا (۱)
4-1a: نَفس – It has several meanings. One is soul as in: أَخرِجوا أَنفُسَكُمُ (yield up your souls) (6:93), another is نَفس ناطقه (literally: soul that endows the faculty of speech) that is, the thing that distinguishes humans from other animals: ما یکون به التمیز (LA). The example given of this is: اللَّهُ يَتَوَفَّى الأَنفُسَ حينَ مَوتِها (Allah takes (men’s) souls at the time of their death) (39:42). Some have made this distinction between روح (spirit) and نَفس (soul) that روح is that the presence of which makes a person alive and نَفس is that which gives a person intelligence. Zajjaj says that every person has two نَفس , that is حیاۃ (life) and تمیز(discernment) and the soul that is taken in sleep is the latter one (LA). نَفس is also used to mean the whole person, as in: أَن تَقولَ نَفسٌ يا حَسرَتا (Lest a soul should say: O woe is me…) (39:56), and the نَفسٍ of a person is his being. The essence, substance and true nature of a thing is also called نَفسٍ (LA).
What is meant by نَفسٍ واحِدَةٍ : This has generally been taken to mean Adam, the father of mankind, but in another place where the same words are used: هُوَ الَّذي خَلَقَكُم مِن نَفسٍ واحِدَةٍ وَجَعَلَ مِنها زَوجَها لِيَسكُنَ إِلَيها (He it is Who created you from a single soul, and of the same did He make his mate, that he might find comfort in her) (7:189), there is no mention of a person, and instead the reference has been understood as kind or type (IK). Imam Razi has cited a similar saying by the grammarian Abu Bake Qafffal: ھذہ القصة علی تمثیل ضرب المثل that is, every person is addressed and told that he is created from a single person, that is, his father. A second saying is that the address is to the residents of Arabia and the purport is that their progenitor is one. So, the same two meanings can be taken here, and by نَفسٍ واحِدَةٍ , the purport can be Adam, or the progenitor of a nation, and proverbially can mean every man.
Because the purpose is to draw attention to human rights and in particular to the rights of orphans and women, hence it is stated that Allah has created mankind from a single being or soul, and so in effect humans are individuals of one family. Thus they have a mutual responsibility towards each other. That all mankind is created from a single soul is a great truism and it is the foundation of the unity of mankind. Under the current atheist influence, the Western thinking is that all mankind has not descended from a single father and mother because there are major differences in features, height, build and color. A white person regardless of how long he lives in Africa and how much he gets tanned will not become a full-fledged negro, and neither can a negro develop the white color and features of a white person by staying in Europe. It is surprising that the same people who are willing to accept that humans are descended from apes and are united in lineage cannot accept that a white and black person are not united in lineage. They seek to create classes in humans so that some are more privileged than others. National dissensions cannot be eliminated if the unity of mankind is not established. A major objective of Islam is to unite mankind and to do away with national differences. Hence it has drawn attention to this veracity.
The presence of humans before Adam: Unlike the Bible, Quran has not stated that mankind has existed for six thousand years and neither has it led us to believe that Adam, who is mentioned elsewhere in the Quran, was the first human. In fact, it appears clearly from some narrations that there were other Adams prior to the scriptural Adam. Nobody can say with any certainty when humans originated. A tradition in Imamiyyah states: ان اللّٰه تعالٰی خلق قبل ابینا اٰدم ثلٰثین اٰدم بین کل اٰدم و اٰدم الف سنة و ان الدنیا بقیت خرابا بعد ھم خمسین الف سنة ثم عمرت خمسین الف سنة ثم خلق ابینا اٰدم علیه السلام (Allah created thirty Adams before our father Adam. One thousand years passed between each Adam and the next one and after them, the earth stayed desolate for fifty thousand years and then was populated in the next fifty thousand years and then our progenitor Adam, on him be peace, was born) (RM). There is a tradition from Muhammad bin Ali al-Baqar in which he said: قد انقضی قبل اٰدم الذی ھوا بونا الف الف اٰدم او اکثر (Before the Adam who is our father, one million Adams or even more were born) (RM). Sheikh Akbar has written in Fatuhat that forty thousand years before our Adam, there was another Adam. There is a tradition from Imam Jafar Sadiq in the book Khasais-e-Hissiya: ان اللّٰه تعالٰی اثنی عشر الف عالم کل عالم منہم اکبر من سبع سمٰوات و سبع ارضین (Allah, the Most High, has twelve thousand worlds, each one of which is bigger than seven heavens and seven earths) (RM).
4-1b: Creation of Eve from Adam: It has been understood from خَلَقَ مِنها زَوجَها that Adam’s pair, Eve, was created from Adam, and the way this took place was that a rib was removed from Adam, and Eve was created from it. The Quran has used similar words elsewhere as well: وَمِن آياتِهِ أَن خَلَقَ لَكُم مِن أَنفُسِكُم أَزواجًا لِتَسكُنوا إِلَيها وَجَعَلَ بَينَكُم مَوَدَّةً وَرَحمَةً (And of His signs is this, that He created mates for you from yourselves that you might find quite of mind in them, and He put between you love and compassion) (30:21). In another place, it is stated: وَاللَّهُ جَعَلَ لَكُم مِن أَنفُسِكُم (And Allah has made wives for you from among yourselves) (16:72). In these verses, all mankind is told that their wives are created from them, and the purport is not that the wives have been created from their ribs. The purpose of stating that woman is born from man has been explained by the Quran, namely that you derive comfort from each other and the mutual love and compassion that you have for each other is as if men and women are one. The use of the terms أَنفُسِكُم in one place and مِنها in the other is appropriate because there is such a deep relationship between a man and a woman that it is as if the woman has been created from man. An alternate meaning of خَلَقَ مِنها زَوجَها is that the men are told that the essence with which women are created is the same with which men are created and no distinction should be made such that one class has human rights and the other is deprived of them. By virtue of being humans, women have the same right as men and women are born from the same place as men. In whatever way these words are interpreted, they give women a status of great respectability.
Creation of woman from the rib: The idea that it is proven from the hadith that Eve was created from the rib of Adam is not correct. The creation from the rib is certainly found in the Bible where it is stated: And the Lord God caused a deep sleep to fall upon Adam, and he slept: and He took one of his ribs, and closed up the flesh instead thereof; And the rib, which the Lord had taken from man, made He a woman, and brought her unto the man (Exodus 2:21-22). This is not in any hadith. The hadith from which such a story is extracted appears in two forms in The Book of Marriage in Bukhari. In one place it is stated: المرأۃُ کالضِّلۡع (Woman is like a rib) (Baab Aal-mudaraat) and in the other: واستوصوا بالنساء خیرا بانھن خُلِقۡن من ضِلۡعٍ (Treat women kindly for woman was created from a rib) (Baab al-Wasat bin Nisa). In both these hadith there is no mention of Eve being created from a rib of Adam and the statements are general in respect of all women. The tradition of one hadith elucidates the other. المرأۃُ کالضِّلۡع elucidates what is meant by خُلِقۡن من ضِلۡعٍ because it is obvious that women are not created from the rib. So, the purport is what is stated in the hadith that women are like a rib, that is there is اعوجاج (curvature) in them. There are similar analogies in the Quran as well, for example: خُلِقَ الإِنسانُ مِن عَجَلٍ (Man is created of haste) (21:37) which means that man is hasty, and: اللَّهُ الَّذي خَلَقَكُم مِن ضَعفٍ (Allah is He who created you from a state of weakness) (30:54) which means that man is weak.
Creation of the first man: No one knows how the first man was born and this mystery has not been unraveled by science. The purpose of the Quran is to inform man about the perfection he can achieve and not how mankind originated. Hence the Quran does not delve into subjects like how the universe was created, how was matter created, how spirits were born, how animal and vegetable life originated and how man came on this earth. This holy Book does not touch on these topics, and neither can man give an answer to questions of “How did” with his potentialities. Leave alone giving an answer, humans cannot even begin to understand these issues. Whether we take the issue of evolution, or we take what is the commonly accepted Muslim view, or we take what is said by some other religions, it is obvious that the birth of the first human took place under some novel conditions which were different from the present physical laws of nature. The Quran has referred to two laws in یبدئ (Origination) and یعید (Reproduction) and creation started with the law of origination or بدءٌ and its further proliferation took place under the law of reproduction or عود . So, the first man was created under different conditions and the first woman too must have been created under the same condition.
Analogy of woman as a curved rib: The question that arises is why woman has been compared to the curved rib. The reference here is to a bent or inclination in a woman. The question then arises whether it is greater than that of a man? Events require us to respond by furnishing proof. The reason for this is that there are two kinds of attributes that are working in the world, one is gentleness and the other is harshness. The attribute of gentleness requires that influence should be accepted quickly from others and the attribute of severity has the attribute of casting influence on others. To reconcile the nature of men and women and to make one a spouse of the other, nature has distributed more of gentleness in women and more of harshness in men. It is for this reason that each can be a comfort for the other as the excess of one attribute in one sex makes up for the deficiency of that attribute in the other sex. The advantage of severity is that its possessor is better adapted to face all kinds of opposition and difficulties, but the disadvantage is that there is a lack of love and sympathy. The advantage of gentleness is that it has more love and sympathy and since this attribute requires quick acceptance of influences, the disadvantage is that it bends or inclines quickly to the source of influence. This is the اعوجاج or bent that is mentioned in the hadith and it draws attention to the shortcoming that is the natural outcome of the overwhelming attribute of love and mercy in women. That is why men are stopped from the pursuit of this trait. Accordingly, it is stated فا ان ذھبت تقیمه کسرته (so if you try to straighten her, she will break) after خُلِقۡن من ضِلۡعٍ . If the crooked had been used in its normal meaning, then the wife’s reformation would have been made a duty of the husband. This is a natural part of the nature of a woman, and she cannot act against her natural inclination, and whosoever tries to make her act contrary to her nature will not be able to do so without breaking her nature.
3-1c: تَساءَلونَ – Its root is تتَساءَلونَ which is of the group مفاعلة and means that you ask each other. The meaning of asking each other through Allah is that you beseech in the name of Allah and this is not limited to Arabs. It should not be considered that the Arabs are the only one addressed because in all cultures people entreat in the name of Allah.
الأَرحامَ – It is the plural of رَحِم which is a woman’s uterus and analogically means kinship ۔because the closely related ones come out of the same womb. The words رحمة ۔۔۔ رحمٰن etcetera are derivations from the same root. It is stated for this reason that Allah said that the word رَحِم is derived from His name رحمٰن : انا الرحمٰن و انت الرحِمُ شَقَقۡتُ اسۡمك من اِسۡمِیۡ الارحام . There is a conjunction following Allah that is, اتَّقُوا اللَّهَ وَالأَرحامَ and اتَّقُوا الأَرحامَ means guard the ties of relationships just as by اتَّقُوا اللَّهَ is meant guard the rights of Allah. See 2-2b.
رَقيبًا – The neck is called رَقۡبَة and the meaning of رَقَبۡتُهٗ is حَفِظۡتُهٗ (I guarded him). Derived from it is رقیب meaning guardian or protector, and الرقیب is one of the attributive names of Allah.
Rights of Men is part of kindness towards relatives: Details of the command اتَّقوا رَبَّكُمُ , given in the first part of the verse, are provided here. On the one hand attention is drawn to the Rights of Allah and on the other attention is drawn to the Rights of Men by giving the command of kindness to relatives. The Rights of Men are included in kindness to relatives because by declaring humans as the progeny of one parent the whole of mankind is declared, as it were, one family. For this reason, the Islamic injunction of kindness to relatives is applicable to the whole of humanity. The Holy Prophet too embraced this broad concept of kindness to relatives and termed the Egyptians as his maternal relatives because of the connection of Hajira, (may peace be on her) with that country. According to a hadith in Sahih Muslim, when some people of Mudhar came to the Holy Prophet in a dire strait, The Holy Prophet appealed to the people for charitable donations in which he read the part of this verse: يا أَيُّهَا النّاسُ اتَّقوا رَبَّكُمُ الَّذي خَلَقَكُم مِن نَفسٍ واحِدَةٍ which clearly shows that the Holy Prophet termed the whole of humanity as one family and has included deeds of goodness with everyone as being kindness towards relatives. Further, it is kindness towards kins that lays the foundation for the Rights of Men because the interaction of people most often is with their relatives. For this reason, a large part of the Rights of Men is covered by kindness to kins. When a person is kind to his relatives with whom he interacts day and night, he also becomes habituated to be kind with others as well.
Kindness to relatives emphasized: Allah has drawn attention to the importance of maintaining ties of relationship by equating keeping ties of relationship with keeping one’s duty to Allah as is seen from juxta positioning اتَّقُوا اللَّهَ with وَالأَرحامَ . In this way, Allah has let it be known that worshipping Him alone is meaningless unless all kinds of rights that are the duty of a person are discharged. There is a lot of emphasis in Hadith as well on being kind to relatives. Thus, in one hadith, Allah says that the word رَحِم is derived from His name: فمن و صلھا و صلته و من قطعھا قطعته (Whoever is kind to relatives, I bless him and whoever severs the ties of relationship, I too sever ties with him). In another hadith, it is stated that the Holy Prophet said: الصدقة علی المسکین صدقة و علی ذی الرحم ثنتان صدقة و صلة (Charity towards an indigent is charity and charity to a near of kin is a doubly good deed because it is charity and being kind to kin). This does not mean that one should not give to any except one’s relatives. The relevant question is about rights. When two people are equally deserving then the first right is that of the relative. This is why where the Quran has commanded acts of goodness, it has mentioned ذوی قربی before مسکین .
4-2 And give to the orphans their property, and substitute not worthless (things) for (their) good (ones), and devour not their property (adding) to your own property. This is surely a great sin.a
وَآتُوا اليَتامىٰ أَموالَهُم ۖ وَلا تَتَبَدَّلُوا الخَبيثَ بِالطَّيِّبِ ۖ وَلا تَأكُلوا أَموالَهُم إِلىٰ أَموالِكُم ۚ إِنَّهُ كانَ حوبًا كَبيرًا (۲)
4-2a: اليَتامىٰ – In the terminology of the sharia, only such a person is called an orphan who has not reached the age of maturity. A hadith states: لا یتم بعد الحلم that is, a person is not an orphan after maturity. According to Imam Hanifa, the age of maturity is eighteen years.
الخَبيثَ بِالطَّيِّبِ – The meaning of خَبيثَ includes worthless and also evil and forbidden. The meaning of طَّيِّبِ includes both clean, and pure and permissible. The verse can be interpreted in two ways: First, do not take the property of orphans which is forbidden to you when you can earn legitimately yourself; second, do not substitute your worthless things for their valuable good things. The إِلىٰ in إِلىٰ أَموالِكُم is in the sense of مع that is, do not misappropriate their property by mixing it with your property.
حوبًا – The meaning of حُوب is اثم (sin). Its root is حَوَب whose meaning is زجر (restrain or hold back).
Emphasis on looking after orphans: Just like the rights of women, the rights of orphans were frequently trampled upon as both these groups were weak, and they did not have anyone to advocate on their behalf. The first group taken up is that of orphans. Islam lays great stress on looking after orphans to the extent that in the Makkan revelations where the emphasis is mostly on the unity of Allah, there is an equal emphasis on looking after orphans and indigents. The message that is thus relayed is that only he believes in God who shows affection and kindness to His helpless creation.
The orphans referred to in this verse are propertied orphans. The condition in Arabia was similar to what is happening in the world these days where if a brother sees his brother weak, he expropriates his property and where if a country sees another nation weak, they take over their country. In the Arabia of that time, the orphans were frequently divested of their property rights. There are three commands that are given in this verse regarding these orphans. The first one is to give the orphans their property, that is, to spend on their needs from their property. It should not be that the guardian usurps their property and spends nothing on their education, rearing and other needs. The second command prohibits the consumption of the property of the orphans by the guardians and orders them not to trade their worthless things for the valuable things of the orphans. The guardian should legally earn income for themselves. The third command is not to join the orphan’s property with their own and consume it in this way, that is to give the venture the shape of partnership when the real intention is to appropriate and consume the property of the orphan.
4-3 And if you fear that you cannot do justice to orphans, marry such women as seem good to you,a two, or three, or four;b but if you fear that you will not do justice, then (marry) only onec or that which your right hands possess.d This is more proper that you may not do injustice.e
وَإِن خِفتُم أَلّا تُقسِطوا فِي اليَتامىٰ فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ مَثنىٰ وَثُلاثَ وَرُباعَ ۖ فَإِن خِفتُم أَلّا تَعدِلوا فَواحِدَةً أَو ما مَلَكَت أَيمانُكُم ۚ ذٰلِكَ أَدنىٰ أَلّا تَعولوا (۳)
4-3a: طابَ – The meaning of طابَ is that a thing is good and pure (LA). The purport of ما طابَ لَكُم is that the heart yearns towards a thing because it is good and nice. See note 2-57b. The طِبنَ in the next verse is also derived from it.
What is the connection between marriages and orphans? There are four explanations given for this: The first is the one given by Ayesha in a Bukhari hadith. According to her, by orphans is meant orphan girls who are under the protection of their guardians. The guardians because of their beauty and property are desirous of marrying them but by paying only a nominal dowry (مہر ). Since there is no one to advocate for their right, the guardians are not fair to them. Hence, Allah commanded that if the guardian is afraid that he will not be able to do justice in marrying an orphan girl, he should instead marry other women who are pleasing to him. The second explanation is that the verse prohibits having more than four wives. In Arabia men married ten or more women and when their own property was not sufficient to sustain their household, they would misappropriate and consume the property of orphans. The third explanation is that if you fear committing injustice in your relationship with orphans, you should equally fear committing injustice with respect to the rights of women by not marrying more than four wives. Further, if you cannot do justice between them, then limit yourself to one wife. The fourth explanation is that if you consider the guardianship of orphans difficult for fear of doing injustice to them, then also fear committing fornication in respect of women and if you fear that you may not be able to restrain yourself, then marry up to four women.
However, there can be another explanation of these words. By ما طابَ لَكُم مِنَ النِّساءِ is meant the mothers of orphans and by أَلّا تُقسِطوا فِي اليَتامىٰ is meant the orphan children. The meaning of the verse thus becomes: If you are afraid that you will not be able to do justice to orphans then marry such women who are mothers of these orphans because then these orphans will take on the status of your children and their responsibility will be on you as the husband of their mother. Verse 4-127 supports this interpretation because it is certain that this verse: يَستَفتونَكَ فِي النِّساءِ (they ask thee a decision about women) was revealed regarding Umm al-Kahat who was a mother of orphans. It is thus obvious that this verse is about mothers of orphans and the reference in it to an earlier verse indicates that the women with whom marriage is mentioned in the current verse 4-4 are the mothers of orphans. This explanation does not require that something is omitted or understood in the verse. The context also supports this explanation because the real topic of the section is not about marriage but care of orphans. So, marriage here has been prescribed to overcome an obstacle in the care of orphans.
ما طابَ لَكُم – It becomes clear from the use of the term ما طابَ لَكُم that a condition for marriage is to like the person to be married. To develop a likeness for a person, it appears that it is necessary to see the person. According to a hadith in Muslim, a companion wanted to marry a woman from the Ansar. The Holy Prophet asked him if he had seen the woman and on receiving the answer in the negative, he told him to see the woman because some of the women of Ansar had some defect in their eyes. Most Islamic scholars believe that it is permissible to see a woman for marriage. There is a difference of opinion, however, whether the woman should consent to be seen or not. Imam Malik states that the woman should consent to be seen. Most of the Islamic scholars do not agree with this. Imam Malik’s opinion is preferable. One can deduct from this also that when a man can see a woman, then there can be no religious objection for the woman to see a man who is desirous of marrying her. There are many matches in this period which are made without seeing and the result of this is disunity, lack of harmony and ultimately divorce.
The other thing that appears from ما طابَ لَكُم is that marriages should not be contracted at a young age because how can a child of young age decide the issue of like or dislike when the child is unable to make such a distinction.
4-3b: مَثنىٰ وَثُلاثَ وَرُباعَ – These words stand for: اثنین اثنین and ثلاثة ثلاثة and اربعة اربعة that is two two, three three, four four, and the واؤ in between does not mean that these are additive. The meaning, therefore, is not that the same person can marry two, two and then three three and then four four. The purport is that somebody whose circumstances permit two wives can do so, another person’s circumstances may require him to marry three wives and he can do so accordingly, similarly yet another person may have circumstances that require him to marry four times. It would be wrong and against the rules of interpretation to add, two, three and four and justify nine marriages or to add two two, three three, four four, and justify 18 marriages. These words are not conjoined by اَوۡ (or) because then the meaning would have been that either two two are allowed or three three are allowed or four four are allowed, when the real purport is that based on circumstances some may have two, others three and others four.
More than four wives not permissible: The adoption of the grammatical structure in the verse manifests that more than four wives are not permissible. If some items need to be distributed and the instructions state give some two, some three, and some four, then giving more than fior cannot be justified, and neither does it mean giving, two, plus three, plus four for a total of nine items to one person.
Polygamy in Islam: These words are the basis for the issue of polygamy in Islam. The words are so clear that there can be no doubt about the meaning either in the minds of detractors or those of supporters. Surprisingly, however, the opponent propaganda claims that Muslim men are required to have many wives. Some so-called Muslims have also claimed this to be a commandment so they can satisfy their carnal desires and have interpreted these words as meaning that the most desirable situation is to have four wives, next being to have three wives and next after that to have two wives. The Quranic words push us to consider the following issues:
- Is marrying more than one wife a command or permission?
- Is the permission for a particular necessity or can one marry more than one wife without any necessity?
- If the Quranic teaching is that in times of necessity polygamy is permissible, then is such a permission objectionable?
- If there is a necessity, can one marry more than four wives?
Permission not a command: The first thing one must see is whether polygamy is a command or necessity. It is clear that marrying two, three or four wives is conditional on the fear that one will not be able to do justice with regards to orphans. In the first place, this verse is specific to those men who must take care of orphans and not for everyone. This itself provides evidence against polygamy being a command. Second, it is meaningless to say that if one is afraid of not doing justice with orphans, then it becomes necessary to marry two, three or four times. Further, all the explanations made or that can be made of the words: إِن خِفتُم أَلّا تُقسِطوا فِي اليَتامىٰ show that this is a permission, not a command.
Is a necessity required to trigger the permission or can the permission be used without necessity: Once it is established that polygamy is a permission, not a command, the second issue is whether the permission is for use if there is a necessity or can it be used even without a necessity. First, the word permission indicates that it is only for a necessity because every permission in the world is for a necessity. Second, the word of the Quran supports this view because a condition has been attached with the permission and a necessity has been indicated. For an act that is permissible under a certain necessity, the specified necessity can be expanded by consensus to include similar other needs, but a necessity cannot be dispensed with altogether.
Why the necessary conditions have not been elucidated: The question can arise why the Quran has not elucidated all the necessary conditions. The answer is that the Quran abstains from the useless attempt to list those matters which are associated with the various aspects of the needs of men that are subject to change depending upon the country, nation, time, and conditions. For example, there is the question of divorce. The Quran does not state anywhere under what conditions is it permissible to give divorce, although it is obvious that divorce is permitted if there is a ground and not for no reason. Because the reason for divorce varies not only because of the different temperaments of parties but also keeps on changing based upon nation, country and time. It is fruitless to try and inventory all the conditions. We see that in Europe where there is a considerable uniformity of religion, level of education, thinking and conditions, no two countries agree on the reasons for divorce. Similarly, it is impracticable to inventory all the conditions under which polygamy is permissible.
The need for polygamy: The third thing, we need to focus on is the possible objection to polygamy under conditions in which the Quran has given permission for it. Who can deny that every nation has at some time or the other gone through the conditions in which Islam has permitted polygamy. Islam has prescribed polygamy where conditions exist to justify polygamy but without listing the conditions. Other nations have tried other methods to deal with such situations. Some nations have permitted legalized prostitution and others consider it so customary that it is nothing short of legal. Because Islam is a supporter of the chastity and honor of women and does not tolerate that women should sell their chastity for money, it has solved this problem by permitting polygamy. Apart from other conditions that may necessitate polygamy, war often creates conditions that require a solution through polygamy. It is obvious that armed conflict cannot be eliminated, and wars often result in a situation where the proportion of men decreases. The natural state in which humans are created requires relations between men and women and the propagation of human race depends upon it. The first need of the human race is that every man and woman should fulfill this duty. Since carrying a baby to term, giving birth and rearing a child is the responsibility of the woman, a situation where men are more than women still allows the full utilization of the available productive potential of the population to be realized. Some men will be left without wives, but they cannot be the source of increasing the population. However, if the proportion of women is more than men and this is a situation that wars and other needs of men often create, the full potential for the increase in population can only be utilized if polygamy is allowed. In a situation like this, polygamy becomes a national duty, and when the population has already dwindled, leaving women without husbands is deliberately putting a roadblock in augmenting the population. Apart from this, the economic wellbeing of women often depends on having a husband. It becomes the duty of the men who survive the war to take care of the women who are widowed or left orphans. There is only one way that nature has kept for this to happen and that is to marry these women. Europe has no doubt rejected polygamy, but God has rebutted their rejection in a very manifest manner. Even in peacetime, the proportion of women has been increasing but the World Wars have further distorted these proportions. In the end, the intellectuals will be forced to consider that the way in which the wars have decimated the male population leaving a surplus of women, if these women were in the household of their husbands even with sister wives, two, three or four, they would be able to replenish the population. It is shortsighted that an artificial barrier should be allowed to stand in the way of increasing the population depleted by the wars. The other way would be to increase the population through illegitimate births which will not only be shameful for the nation and society, and dishonorable for women but in the absence of proper rearing and lacking a guardian, these children would not be an asset for the development of the nation. It is the job of the intellectuals to overcome artificial and superstitious barriers. Similarly, the intellectuals of Europe will be forced to admit that in certain circumstances polygamy becomes a national duty. When the world wars have killed many men, one nation is discussing that given the current conditions the nation is likely to perish unless polygamy is allowed. In England, there are 110 women for 100 men.
All religious scriptures and righteous men condone polygamy: A testament to the Divine origin of this verse is that there is no revealed scripture out of all the scriptures of the world that has prohibited polygamy, and examples of polygamy are found among the pious and righteous men of all nations. If polygamy was prohibited, then what these righteous men did was fornication. It is impossible to conceive that the righteous men of all nations were guilty of such an action. Men who had sacrificed everything for the pleasure of Allah could not have committed such a manifestly indecent act. So, when all the revealed scriptures have prohibited even minor sins, then why did they not prohibit polygamy? Even the Gospel does not contain even a single word against polygamy even though polygamy was practiced among the Jews at the time of its revelation. It is only in the teaching of Paul that the priests were instructed to be monogamous, but the common men were still allowed to practice polygamy.
Restricting polygamy to a maximum of four wives: While prescribing polygamy as a remedy in special circumstances, Islam has instituted two constraints to moderate its use. These two constraints are: The maximum number of wives allowed is four. Some people think that the constraint of four wives does not exist. It is manifest, however, that stopping at a particular number while giving permission is a definition of the maximum limit under the permission. Second, practice also testifies to the limit of four wives. Third, several narrations also evidence the limit of four wives. For example, when Naufil bin Muawiya embraced Islam, he had five wives, the Holy Prophet commanded him to keep four wives and to divorce one of the five (Kf). When Ghaylan ibn Salamah embraced Islam, he had ten wives who embraced Islam with him. The Holy Prophet commanded him to keep four wives and divorce the rest. This hadith is narrated in the collections of Tirmazi, Ibn Majah, Baihaqi, Dar Qutni and Imam Ahmad. According to a narration in Abu Dawud and Ibn Majah when Umairat al Assadi embraced Islam, he was the husband of eight women, the Holy Prophet commanded him to keep four and divorce the rest. There remains however the matter of the Holy Prophet’s wives, but this subject requires an exhaustive discussion which will be taken up in its proper place in Surah al-Ahzab where the Prophet’s wives are mentioned. It is enough to state here that the Holy Prophet was ordered not to wed any more wives and also not to divorce any of his existing wives and replace her with another. لا يَحِلُّ لَكَ النِّساءُ مِن بَعدُ وَلا أَن تَبَدَّلَ بِهِنَّ مِن أَزواجٍ (It is not allowed to thee to take wives after this, nor to change them for other wives) (33:52). Because the Prophet’s marriages had been undertaken for religious purpose, hence he was commanded to keep his nine wives and the general command to keep four wives and divorce the rest was dispensed with in his case. The second constraint imposed on polygamous marriages by Quran is to treat all the wives equally and equitably which is mentioned next.
4-3c: This part of the verse states that even if a situation exists where polygamous marriages are desirable but unless a person can treat his wives equitably, then he should follow the principle of one husband with one wife. Two clear conclusions follow from this. First, that the basic principle is one husband and one wife, and this is such a fundamental principle that even if conditions exist in which polygamy is justifiable, it is not to be practiced by anyone who cannot treat his wives equitably. Such a person should restrict himself to one wife. Thus, Quran clearly makes it known that the basic principle of marriage is one husband and one wife. However, if conditions exist then polygamy may be resorted to as an exception.
The requirement of equal treatment of wives: The second conclusion that follows from this part of the verse is that the requirement of equal treatment of wives prevents unconstrained polygamy. Further, it is stated in another place: وَلَن تَستَطيعوا أَن تَعدِلوا بَينَ النِّساءِ وَلَو حَرَصتُم (And you cannot do justice between wives, even though you wish (it)) (4:129). These words have led some to wrongly assume that the requirement of justice established in the current verse 4:3 is rendered impracticable by the statement in 4:129 because it is beyond human ability to do justice between wives. However, it is obvious that granting permission for an affair and then making it conditional on an impossible condition cannot be attributed to a book of wisdom like the Quran. If the intention was to make polygamy impossible, then it could have been stated directly that polygamy is not permissible. It is only the criticism from the West that has made this a public debate. The followers of the western way of thinking should clearly remember that the West is wallowing in evil deeds and filth from which the only way it can extract itself, if at all, is by way of accepting the God given prescription of polygamy. The fact of the matter is that where polygamy has been tied to equality in the treatment of wives, the reference is to justice in the manifest treatment of wives such as maintenance allowance, in turns of sleeping with the wife, and in other manifest matters, whereas where it is mentioned that you cannot do justice, the reference is to loving the wives equally. Thus, it is beyond human ability to love two wives equally, and this is testified by the context where it is stated immediately following this statement فَلا تَميلوا كُلَّ المَيلِ (but be not disinclined (from one) with total disinclination) (4:129), so that a lady despite being technically a wife is left in suspense. It is precisely to clarify the concept of justice that these words are used. It is true however, that verse 4:129 once again makes it clear that the polygamous state is a very difficult one and should not be entered into lightly.
4-3d: ما مَلَكَت أَيمانُكُم – اَیۡمان is the plural of یمین and its root is یمن whose literal meaning is blessing (RM). یَمِیۡن actually means the right hand or right side but is used in a number of other senses as well, for example on the side of truth, as in: تَأتونَنا عَنِ اليَمينِ (come to us from the right side) (37:28) or the side of auspiciousness and blessing as in: أَصحابُ اليَمينِ (on the right hand) (56:27). It is also used in the sense of an oath as in some previous verses (2:224; 2:225 and 3:77) and in the sense of a covenant, as in the term مولی الیمین which means the person between whom and you there is a covenant (R). In لَأَخَذنا مِنهُ بِاليَمينِ (We would certainly have seized him by the right hand) (69:45), Zajjaj has taken the meaning of یمین to be Divine power (LA). Imam Raghib while commenting on a hadith which has the following: اَلۡحَجَرُالۡاَسۡوَدُ یَمِیۡنُ اللّٰه states that, “Through it one reaches the auspiciousness which brings one closer to Him” , while Ibn Kathir states in respect of the same hadith that this statement is metaphorical because when a king shakes hands, his hand is kissed. Because the Black Stone is kissed, it is called یَمِیۡنُ اللّٰه . It is obvious that the Black Stone is a sign for the covenant which is found in the Bible about the head stone of the corner (Psalm 118:22). So, یَمِیۡنُ اللّٰه refers to this covenant of Allah.
According to Imam Raghib, the meaning of ملک یمین is the same as فی یدی that is, in my hand or in my possession. However, given the various meanings given above, the meaning of ما مَلَكَت أَيمانُكُم will be, those who are in your ownership through covenant or those over who are in your ownership by power. Accordingly, the hadith that has the last words of the Holy Prophet, wherein he stated: الصلوٰۃ و ما ملکت ایمانکم , the meaning of ما مَلَكَت أَيمانُكُم has been taken as zakat (N). In إِلّا ما مَلَكَت أَيمانُكُم (4:24), one of the meanings is the woman you married, that is those who came into your ownership through a covenant. In the Quran, this term is also used for male and female slaves, where the purport is that these are people over which you have gained power, that is you took possession of them by overpowering them in battle.
What is the meaning of ما مَلَكَت أَيمانُكُم in the present context: Most people think that this method has been adopted to circumvent the restriction of four wives and a person can have as many slave concubines as one wishes. However, this would nullify the very purpose of restricting the number of wives. If a limit on wives was felt necessary, then it cannot be permissible to break this limit in the form of having as many concubines as one wants. Now, there can be only two versions in the structure of the passage. Either the اَوۡ conjoins with النِّساءِ so that the structure becomes: فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ أَو ما مَلَكَت أَيمانُكُم (Marry such women or those whom your right hands possess as seem good to you) and in this format marriage with female slaves comes within the purview of maximum four wives, or there is a different situation after واحِدَةً and the purport is that even if a single free woman is not available then marry a female slave. The later interpretation is reinforced by the verse that comes later on in which marriage with a slave girl is made conditional on the non-availability of a free woman. Accordingly, it is stated: وَمَن لَم يَستَطِع مِنكُم طَولًا أَن يَنكِحَ المُحصَناتِ المُؤمِناتِ فَمِن ما مَلَكَت أَيمانُكُم مِن فَتَياتِكُمُ المُؤمِناتِ (And whoever among you cannot afford to marry free believing women, (let him marry) such of your believing maidens as your right hands possess). The maximum that can be done is to add اَوۡ with واحِدَةً that is, if you cannot do justice between wives, then have one free woman as a wife and an additional three slave girls as wives. This, however, results in a situation where one must concede that there is no requirement to conduct oneself with slave-girl wives justly. However, this is not correct. Their rights may be only half that of free women but nevertheless justice is required to discharge those obligations. Hence, only the first or second explanation is correct.
4-3e: تَعولوا – Its root is عَول and the meanings of عَول and غَوۡل are quite similar. The difference is only to the extent that غَالَهٗ is used when that thing causes death and عالَهٗ is used when that buries you under a load or burden. عَول is that difficulty that imposes a hardship. The meaning of تَعولوا is taken from it and means to take more and abandon justice (R). The meaning of عَوۡل is to incline towards injustice in a decision (LA). This meaning too has been taken from ثقل heaviness because the term عال المیزان is spoken when the scale tips to one side because of the heaviness. For this reason, this word is also used for the inclination of the heart. Imam Shafi has taken the meaning of اَنۡ لَّا تَعُوۡلُوۡا as so that your burden may not increase. Kassai has copied the meaning of عال یعول as very burdensome from Fassai Arab (RM).
The indication in ذٰلِكَ is towards فَواحِدَةً that is, the combination of one husband and one wife is more desirable in order that one may remain protected from committing injustice. Thus, the principle of فَواحِدَةً is stressed again for the second time. The lesson that is imparted is either that ordinary people who do not have a high degree of control and a strong sense of justice should restrict themselves to one wife or that to avoid the problem of getting buried under the load of a large family, it is best to have one wife. Thus, the sense from the ending words is that although under specified conditions, Islam has allowed polygamy but the final recommendation is that as a rule one husband and one wife is more appropriate and a second wife should only be taken when human needs make it unavoidable. All the constraints prescribed show clearly that polygamy is not permissible except under great necessity.
4-4 And give women their dowries as a free gift. But if they of themselves be pleased to give you a portion thereof, consume it with enjoyment and pleasure.a
وَآتُوا النِّساءَ صَدُقاتِهِنَّ نِحلَةً ۚ فَإِن طِبنَ لَكُم عَن شَيءٍ مِنهُ نَفسًا فَكُلوهُ هَنيئًا مَريئًا (۴)
4-4a: صدقات – It is the plural of صَدۡقة whose root is صدق , and صَدَقَة is that wealth that one spends for nearness. صَدُقة and صُداق and صِداق is the dowry that the husband gives to the wife at the time of marriage (R).
نِحلَة – Is a gift given to outshine (R), that is there is no reciprocity. Another meaning given to it is that it is given without asking and out of the goodness of one’s heart. Imam Raghib says that نِحلَة means ھبة because when a honeybee alights on something, it does not do any harm to it and is in fact a source of benefit. By using this word, the Quran has shed a tremendous amount of light on the significance of dowry given to a wife. Thus, the dowry is not a reciprocity for anything but it is merely a free gift given by a husband to his wife.
هَنيئًا – هَنئ – It is derived from ھناء and means a thing in which there is no exertion. The word is used in connection with food.
مَريئًا – It is derived from مروءٌ and مَرِئۡ is suitable for the stomach. Food is called مَرُؤَ or امۡرأَ when it is in accordance with one’s disposition and is exclusive to the stomach. هَنئ is food that the eater enjoys and مَرِئٌ that whose end result is good.
Emphasis on giving dowry: In the discussion about orphans, the subject also came up about marriage with women generally and widows in particular. A right which is specific to women and only granted in Islam is the payment of a dowry by the husband to the wife. A discussion of the rights of women is to follow in this surah, hence mention is made of dowry because it has a special connection with marriage. This verse first stresses that women must be paid dowry and this payment should be made without the need for a woman to demand it. For this purpose, the word نِحلَة is used which also indicates that dowry is a gift and not a payment for something. The current custom of treating dowry as a debt that husband owes to wife negates the real purpose of dowry and in practice deprives the woman of her right. The right way is that a man should be able to pay dowry from his own earnings prior to getting married. This pre-supposes that a man should have the ability to earn a living before marriage.
Bride’s father has no right to the dowry: The second command in this word is to the guardian of the bride, that is her father etcetera, that dowry is not something that he should receive as a payment from the groom for the girl. Dowry is a woman’s asset that she should receive. In Arabia, as also in some parts of South Asia, there was a custom that when the girl married, the guardian received the dowry. Islam has decreed an end to this custom.
4-5 And make not over your property, which Allah has made a (means of) support for you, to the weak of understanding, and maintain them out of it, and clothe them and give them a good education.a
وَلا تُؤتُوا السُّفَهاءَ أَموالَكُمُ الَّتي جَعَلَ اللَّهُ لَكُم قِيامًا وَارزُقوهُم فيها وَاكسوهُم وَقولوا لَهُم قَولًا مَعروفًا (۵)
4-5a: قِيام – It is the verbal noun of قام. See note 3-114a. قِيام and قِوام are also used to mean something by which a thing exists or stays whole (R). This is the meaning here. Property has been called قِيام here because it is the means of livelihood and life. In the same sense, it is stated in another place: جَعَلَ اللَّهُ الكَعبَةَ البَيتَ الحَرامَ قِيامًا لِلنّاسِ (Allah has made the Kabah, the Sacred House, a means of support for the people) (5:97).
ارزُقوهُم فيها – If the wording had been ارزُقوهُم منھا then the meaning would have been to give them money for food from this property and this would have entailed liquidation and ultimately the depletion of the asset. By saying instead فيها, it has been conveyed that they should be maintained by this property, that is their property should be put to such use that the income form the property should be able to maintain the orphans.
In this verse, there is a reversion to the subject of orphans but instead of naming orphans specifically, the topic is expanded to include all cases like that of orphans.
What is meant by سُفَهاءَ?: The key to explaining this term lies in ارزُقوهُم فيها . People who do not have the ability to trade or indulge in other gainful economic pursuit and would just keep on consuming the principal amount of their inheritance until it is finished are all included in this classification. Instructions are given therefore not to entrust the property of such people to them. At the same time, the guardians of persons of weak understanding are told not to destroy the principal amount but instead to employ the money in trade or other profitable economic activity and provide for their wards through the income generated by the property. The persons addressed here are the rulers. That is why the term used is أَموالَكُمُ because the individual properties are collectively a national asset, and whatever asset is wasted is a national loss. Accordingly. property is declared to be a means for the livelihood and welfare of the nation. A nation whose assets are destroyed loses standing in the comity of nations.
Training of orphans and others: Apart from food and clothing, another need for the rearing of orphans is mentioned in: وَقولوا لَهُم قَولًا مَعروفًا (and speak to them goodly words). Most commentators have taken this to mean a few sentences of advice, but the word قفال means that economic relations with them should not be like with a slave but instead their attention should continually be drawn towards acting virtuously and they should be continually advised that profligacy does not end well. In my opinion, what is meant here is that they should be educated and trained properly, and hence this is given as a third requirement along with food and clothing on which expenditure from their property’s income should be spent. That is why in the next verse, it is stated: وَابتَلُوا اليَتامىٰ (And test the orphans) which indicates that after arrangements have been made for their education and training, they should be periodically tested to see if they have reached the mental maturity to look after their property. This shows that قول معروف is not just simple advice but proper training is also part of قول معروف.
Stress on safeguarding property in the Quran: Quran has repeatedly stressed the need to protect property and has given guidelines on how to do it. No other scripture has comparable rules. Topics dealing with matters of property in the Quran include, conduct of trade, business dealings, mortgages, assets as an essential need, shares in abandoned property, giving women mounds of gold as dowry, the need to protect property by documenting transactions and having witnesses to deals, and the appointment of guardians for those who cannot manage their wealth. All these instructions show that Islam does not consider worldly wealth as something to be disdained and has stressed the need to protect wealth and has thus made it a religious obligation. In places where wealth has been disdained, it is only so that the acquisition of wealth should not be considered as the objective of life.
4-6 And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, make over to them their property, and consume it not extravagantly and hastily against their growing up.a And whoever is rich, let him abstain, and whoever is poor let him consume reasonably.b And when you make over to them their property, call witnesses in their presence. And Allah is enough as a Reckoner.c
وَابتَلُوا اليَتامىٰ حَتّىٰ إِذا بَلَغُوا النِّكاحَ فَإِن آنَستُم مِنهُم رُشدًا فَادفَعوا إِلَيهِم أَموالَهُم ۖ وَلا تَأكُلوها إِسرافًا وَبِدارًا أَن يَكبَروا ۚ وَمَن كانَ غَنِيًّا فَليَستَعفِف ۖ وَمَن كانَ فَقيرًا فَليَأكُل بِالمَعروفِ ۚ فَإِذا دَفَعتُم إِلَيهِم أَموالَهُم فَأَشهِدوا عَلَيهِم ۚ وَكَفىٰ بِاللَّهِ حَسيبًا (۶)
4-6a: بَلَغُوا النِّكاحَ – The literal meaning of نکاح is to tie a knot which is a euphemism for marriage. The meaning here of reaching the age of marriage is to reach the age of maturity, that is the age when one is mature to marry. The use of the word نکاح instead of بلوغ is also an indication that the connection of marriage is with maturity because marriage is used as a synonym for maturity. So, marriage at an age when one is still a minor is not appropriate. The age of maturity according to Imam Abu Hanifa is eighteen years, according to Imam Shafi is fifteen years, and the age of maturity of a boy according to a narration of Ibn Abbas is eighteen years (RM). There is a hadith in Bukhari and Muslim that Ibn Umar stated that he was fourteen at the time of the battle of Uhad and when he was presented before the Holy Prophet, the Holy Prophet did not allow him to participate in the battle. When the battle of Khandaq took place, he was fifteen and the Holy Prophet gave him permission to participate. However, participation in battle depends on physical prowess. It is also not clear from the hadith whether the question of Ibn Umar’s age was presented before the Holy Prophet. Hence the age of maturity cannot be determined merely on this basis.
آنَستُم – The meaning of اٰنَسَ الشئَ (root انس) is اَحَسَّه means he felt or عَلِمَه he determined.
رُشدًا – The literal meaning of رُشۡد is to be correctly guided in an affair and it is the opposite of غییّ . It is stated in a hadith: تؤنس منه الرشد which Ibn al-Athir has translated as he should be considered to have maturity of intellect, uprightness in the affair, and good conduct (N). This is what is meant here. There is also another رُشۡد that guides towards moral virtue, as in: وَلَقَد آتَينا إِبراهيمَ رُشدَهُ مِن قَبلُ (And certainly We gave Abraham his rectitude before) (2:51).
بِدارًا – The meaning of بَدَرَ is اَسۡرَعَ that is to make haste. بِدار is a verbal noun, and بَدۡرَ is the name of the full moon because it becomes visibly immediately after sunset, as if it has viewed that the sun has set.
Because in the last verse instructions were given to educate the orphans, it is now stated that the result of the training should be monitored to determine how it is going and the extent to which their ability to manage their affairs is progressing. This monitoring should continue until the orphans become mature. Even after reaching maturity, the property should only be handed to them if they show intellectual maturity, and the proper ability to put the property to good use without extravagance. Thus, there are two conditions for turning the property over to them, one physical maturity and second intellectual maturity. Sometimes it happens that when the wards are about to reach the age of maturity, the guardians in anticipation of handing over the possession to the wards begin to consume the assets extravagantly. This has been prohibited.
Upbringing of own children: The instructions given about orphans here include the way in which children should be brought up, educated, and trained, and these instructions are general, applicable not only to orphans but perhaps with even greater applicability to one’s own children. It is the responsibility of every father to train his children with goodly words by instructing them about the path of righteousness and training them to earn a livelihood. He should then monitor their progress so that by the time they reach physical maturity, they are also intellectually mature to control themselves and handle property in their possession sensibly and without extravagance. If truth be told, Muslims have been negligent in this responsibility and do not sufficiently try to make their children responsible in this respect. The children of well to do parents become so spendthrift and ease loving that they know nothing except to waste the wealth of their parents. Middle income people also leave their children unprepared for life because they consider it a burden to spend money on their education and upbringing. The first responsibility of the father is not to get the child married as is the common thinking among the Muslim community but to educate and groom them to earn a livelihood according to their ability and to lead a righteous life. Marriage is a child’s own business. If he is able to earn a living, he can get married himself.
4-6b: يَستَعفِف – Its root is عفّ and the literal meaning of عفّة is to abstain after obtaining a little of something because عُفَافة or عُفّة means what is left of a thing (R). Also derived from it is the well-known meaning of عِفّة as chastity, that is the creation of such a condition in a person that prevents the person from being overwhelmed with lust. استعفاف has an element of exaggeration in it because its real meaning is desire for chastity, and the purport here is to merely abstain, that is to abstain from consuming the property of an orphans.
فَقيرًا – It is derived from فقر which is used in four ways. First, the availability of essential needs which is common to all humans – in fact, for the needs of everything present, as stated in: يا أَيُّهَا النّاسُ أَنتُمُ الفُقَراءُ إِلَى اللَّهِ (O men, it is you that have need for Allah) (35:15). Second, فقر means being destitute, as in: إِنَّمَا الصَّدَقاتُ لِلفُقَراءِ ((Zakat) charity is only for the poor) (9:60). Third, there is the فقر or niggardliness of the soul which are the desires of the soul and translate into greed and avarice. Fourth is the فقر which a person should feel in the presence of Allah, and which is indicated in the following hadith: اَللّٰھُمَّ اغۡنِنِیۡ با لاِفۡتِقَارِ اِلَیۡكَ وَ لا تُفۡقِرنی بِا لاِسِتغۡناء عَنۡكَ (O Allah! Enrich me by needing you and do not impoverish me by being uncaring of you). It is in the same sense that Moses prayed: رَبِّ إِنّي لِما أَنزَلتَ إِلَيَّ مِن خَيرٍ فَقيرٌ (My Lord, I stand in need of whatever good Thou mayest send to me). (28:24). In this verse, the word فَقيرً has been used in the first of the above-mentioned senses, that is in the sense of need. Opposed to this, the word غَنِيًّا means that the income sources of the person are such that he has no need to take a payment from the property of the orphan.
Since the guardians of the orphans are stopped from all kinds of extravagance in handling the property of orphans, it becomes necessary to inform them, as is done in this verse, whether it is permissible for them to take a fee for their service as a guardian. So, a fee for guardianship has been restricted only to those who do not have an independent means of livelihood and not to others.
4-6c: حَسيب – The meaning of حَسۡب is sufficient, as in: حَسبُنَا اللَّهُ (Allah is sufficient for us) (9:59), and حَسبُهُم جَهَنَّمُ (Hell is enough for them) (58:8). The meaning of حساب is well known. So, the meaning of حَسيب is either sufficient or reckoner, that is one who will take account. Although the meaning of حَسيب and reckoner is one who will take account, but the purport is that appropriate requital will follow the reckoning.
Allah’s attribute of Reckoner: In this verse, Allah’s attribute of Reckoner is invoked to stop the guardian from committing any kind of excess. It is not sufficient just to give guidance unless it can be enforced. So, it is only the attributes of Allah that can stop a person from committing sins even the ones that are hidden from the world.
4-7 For men is a share of what the parents and the near relatives leave, and for women a share of what the parents and the near relatives leave, whether it be little or much — an appointed share.a
لِلرِّجالِ نَصيبٌ مِمّا تَرَكَ الوالِدانِ وَالأَقرَبونَ وَلِلنِّساءِ نَصيبٌ مِمّا تَرَكَ الوالِدانِ وَالأَقرَبونَ مِمّا قَلَّ مِنهُ أَو كَثُرَ ۚ نَصيبًا مَفروضًا (۷)
4-7a: Orphans deprived of inheritance in the Days of Ignorance: The topic of inheritance starts from here, but the real purpose is still the protection of the rights of orphans because the orphans, whether a male or female, were not given a share in inheritance. As narrated by Ibn Abbas, the Arabs used to say: لا یرث الّا من قاتل علی ظھورالخیل (There is no inheritance except for one who can ride a horse and fights). Accordingly, when Umm-e-Kahat complained to the Holy Prophet that her daughters had received no inheritance from her husband Aus bin Sabat’s estate and that his brothers had taken over the whole estate, the brothers submitted by way of justification: یا رسول اللَّه ولد ھالا یرکب فرسا و لا یحمل کلا و لا ینکی عدوا that is, his progeny neither rides a horse, nor lifts a burden, nor kills the enemy. So, this verse negates an old tradition and declares men and women, old and young, warriors and non-warriors as sharers in the inheritance.
The miracle of the Holy Prophet’s spiritual prowess: There is no other prophet in whose life one can see a similar example of spiritual prowess where long standing traditions of thousands of years are revoked with one word. History is unable to bear witness to a similar instance of a revolution in the division of property by a single word. There have been many great and resolute prophets but none of them was given the power that was given to the Holy Prophet. This power finds manifestation in each incident of the Holy Prophet’s life. The dangerous shackles and chains of customs and traditions were broken by a single gesture. Centuries old habits that had become established firmly like mountains in human nature were blown away by a puff. It appears that nothing is impractical or impossible for this man. From time immemorial there was a tradition in Arabia that inheritance was only for those who could participate in the defense of the nation or country or who had the ability to earn and feed. This tradition was firmly established and no one had raised a voice in support of women and children. When all intellectuals, all soldiers, all leaders, and other men of courage are of one opinion, then how can anyone have the courage to raise their voice against them.
Holy Prophet’s incomparable support of orphans and widows: How could helpless orphans and powerless women raise their voices against their own protectors and allies? This was not even within the realm of reality. But a voice did come from heaven and all heads bowed before it. Can a king whose life depends upon the bravery of his soldiers and their swordsmanship think of taking away their rights and giving it to another. Let the opponents of the Holy Prophet come and compare him to any earthly king. The Holy Prophet needed similar concessions and encouragement for his soldiers as is needed by any king in a time of war but faced with denying the rights of helpless orphans and powerless women, leave alone some concessions, he stripped his soldiers of centuries old rights and gave them to orphans and widows. At the same time, the loyalty and affection of his followers is incomparable to anything in this world. They were happy to forego their rights without a murmur. It is the spiritual prowess of the Holy Prophet which made such revolutionary changes possible the like of which no other person has ever done and this revolution was brought about not with the help of state power or with overwhelming national consensus but despite these powers.
4-8 And when relatives and the orphans and the needy are present at the division, give them out of it and speak to them kind words.a
وَإِذا حَضَرَ القِسمَةَ أُولُو القُربىٰ وَاليَتامىٰ وَالمَساكينُ فَارزُقوهُم مِنهُ وَقولوا لَهُم قَولًا مَعروفًا (۸)
4-8a: Giving to indigent at the time of division of estate: The meaning of القِسمَةَ here is division of the estate at the time of inheritance or its division according to a will. The meaning of وَإِذا حَضَرَ القِسمَةَ is not that the non-inheriting relatives and orphans should be physically present and demanding and only then something should be given to them, but what is meant is the existence of such relatives and orphans wherever they may be. This verse states that besides the relatives whose shares have been determined by Allah, other relatives who have been referred to as أُولُو القُربىٰ , the needy and orphans should also be benefitted. This expansive teaching is specific only to Islam. Some commentators have taken قِسمَةَ to mean the division of property according to the will. So, it can be stated that both kinds of division are implied here. If the deceased has willed some property to relatives other than those whom Allah has ordained, or to needy and orphans then that should be disbursed and if no will exists or nothing is provided in the will for such persons, even then something should be given to them when the inheritance is being divided. Some have declared this verse as abrogated, but this contention is negated by Bukhari where a narration by Ibn Abbas is given which states that this verse is a basis of the Book and is not abrogated.
4-9 And let those fear who, should they leave behind them weakly offspring, would fear on their account; so let them observe their duty to Allah and let them speak right words.a
وَليَخشَ الَّذينَ لَو تَرَكوا مِن خَلفِهِم ذُرِّيَّةً ضِعافًا خافوا عَلَيهِم فَليَتَّقُوا اللَّهَ وَليَقولوا قَولًا سَديدًا (۹)
4-9a: سَديدًا – Its root is سَدّ which means to end or close a confusion. That is why قول سدیس is spoken of a statement which reaches its intended place because it brings confusion to an end or achieves its intended purpose.
This is an appeal to human nature that if you die and leave very young offspring, you would want that others should treat them mercifully and become their guardians. Similarly, you should look after orphans and needy.
4-10 Those who swallow the property of the orphans unjustly, they swallow only fire into their bellies. And they will burn in blazing fire.a
إِنَّ الَّذينَ يَأكُلونَ أَموالَ اليَتامىٰ ظُلمًا إِنَّما يَأكُلونَ في بُطونِهِم نارًا ۖ وَسَيَصلَونَ سَعيرًا (۱۰)
4-10a: سَعيرًا – The meaning of سَعۡر is a fire from which sparks are flying out or a blazing fire, and سَعير is used in the sense of مسعورة (wild and furious) that is, a fire that is lit and rages wild and furious.
This verse ends the section and the topic of orphans. Hence a warning is given regarding the consequences of embezzling the property of minors. It is stated that embezzling the property of minors is ingesting fire. The term ingesting fire is used metaphorically, and the purport is that it is an action that will take the perpetrator to the fire of hell.
Bayan-ul-Quran 