Ok.. having established some important facts, let's revisit 4:3 in it's context and with an open mind to see what it REALLY says...
Context is VERY important because 4:3 follows from 4:2 and continues into 4:4 and out of context it can be abused for sanctioning something like Polygamy!
[an-Nisa' 4:1] O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women;- reverence God,through whom ye demand your mutual (rights), and (reverence) the wombs (That bore you): for God ever watches over you
PakistaniAbroad: Who's the audience? All Mankind
What's the topic?? Reverence of God.
[an-Nisa' 4:2] And give to the orphans their property, and do not substitute worthless (things) for (their) good (ones), and do not devour their property (as an addition) to your own property; this is surely a great crime.
This verse is about Orphans both Male AND Female.
How can you best summarize the instruction?
[list=1]
[li]Give Orphans their Property [/li][li]Do not substitute Worthless things for their Good ones [/li][li]Do not devour their property [/li][/list=a]
Similar instructions are found in 4:10, 6:152 and 17:34.
Here Allah has laid out the foundation of the discussion. This is how you deal with Orphan's inheritance.
[al-Nisa 4:3]
wa in khiftum alla tuqsitoo = And if, you-feared (plural), that-not, be-just/be- equitable (plural)
fil yatama = in/into the-orphans (both male and female)
fa ankihu = so you-marry-off (we've established the correct translation from within the Qur'an itself by studying 24:32 and 28:27)
ma taba lakum = what became-permitted/became-allowed for-you/to-you (we'll discuss this permission)
min al-Nisai = from/of the-women
mathna wa thulatha wa rubaa = twos and threes and fours (extremely important that this is not two, three, four)
fa in khiftum = so if you-feared
alla taAdilu = that-not you-be-just/you-be-equitable
fa vahidatan = so one (female)
aw ma malakat aymanukum = or/even-if what owned/possessed your-rights/your-oaths
zalika adnaa alla taulu = that nearer that-not you-(plural)-side-away-from-justice/you-be-unfair
[al-Nisa 4:4]
va aatu al-Nisa = and give (plural) the-women
saduqatihinna nihlah = their-(female) CHARITIES precisely/specified-personally
fa in tibna lakum = so if they-allowed/they-permitted
an shayin minhu nafsan = from a-thing from-it/therefrom self/themself
fa kuluhu haneean mareea = so you-eat-it pleasurable wholesome
Now putting together the literal translation of the meaning into a more readable one:
[al-Nisa 4:3]
And if you-feared that you can't be just/equitable in the orphans (both male and female) so you marry off what became permitted/allowed for you from/of the women, twos and threes and fours; so if you feared that you can't be just/equitable, so one (female) or what possessed your rights/oaths. Thus you won't side away from justice.
[al-Nisa 4:4]
and give the women their charities precisely, so if they allowed/permitted from a thing therefrom themself, so you eat it pleasurable wholesome.
PakistaniAbroad: 4:2 has specified Orphans BOTH MALE AND FEMALE and what a 'just' and 'equitable' behaviour is supposed to be towards them.
Remember these Orphans could be our near relatives too!!
[al-Balad 90:15] To the orphan with claims of relationship
PakistaniAbroad: 4:3 begins by saying that if one fears injustice on their part in the matters of these Orphans...
What should follow??
Obviously a statement that gives a solution to this moral dilemma of someone being unable to equitably discharge Orphan's affairs as described in 4:2.
And very rightly the instruction follows to Marry Off what became permitted or allowed from the women
A comprehensive instruction telling that out of the Orphans, it's the Female ones that need to be married off (note the use of min al-Nisa). If the verse was talking about ONLY female orphans from the beginning, it wouldn't need an extra qualifier now.
Also ma taba lakum becomes clear when we study 4:4 and realize that it's their permission that's needed. So the women who become permitted or allowed are the ones who themself agree to the arrangement.
twos and threes and fours is the biggest red herring which traditional translators ignore intentionally. It's not one and two and three.. it's talking about marrying off Orphans in twos, threes or fours, which immediatley warrants the next statement.
If you can't be equitable between the ones you are marrying off, than just one Orphan Woman or even one whom your right-hand/oath possesses.
rvikz
Thanks for being so patient sir, we tackle Ma malakat aymanukum now.
These women are of the times when they fled into a Muslims protection after deserting their disbelieving parents/guardians/husbands. Right Hand in the Qur'an represents finances. Thus these women are under a Muslim's monetary protection, and as such a Muslim had similar obligations towards them as the Orphans.
(These are NOT slaves. They are a member of the household which is why in several places in the Qur'an they have been treated as such, e.g. dress codes can be relaxed in front of them etc.)
And Thus by marrying them off, Allah says we would avoid injustice. Once again this is the injustice of mishandling the Orphan's inheritance and devouring it while they stay under our monetary dependance while they are of age and able to handle their own affairs themselves.
Immediately afterwards follow the rules of how inheritance or their property needs to be dealt with in the case of marrying them off.
4:4 begins with an instruction to give the women their saduqatihinna precisely.
It's EXTREMELY IMPORTANT to note that saduqatihinna is NOT dowries or dowers.
Dowries has been consistently referred to in the Qur'an as ujurahunna
NOWHERE in the Qur'an is saduqatihinna used for dowers
Therefore right here we realize the fact that the traditional translations have played a number on us by intentionally mistranslating a word to support their early idea of marrying women, instead of marrying them off.
When we treat this properly in context, it makes perfect sense that we are to give the female Orphans their inheritance intact, but IF they themself of their own accord leave something for us, it becomes a wholesome share and is to be enjoyed without fear.
In continuity, 4:5 and 4:6 stay on topic of Orphans and how to deal with their inheritance, proving that this was all about Orphans and their matters and not about Polygamy.
[an-Nisa' 4:5] To those weak of understanding Make not over your property, which God hath made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.
[an-Nisa' 4:6] Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account.
PakistaniAbroad: Let's now revisit some other verses and understand them in the light of our new understanding
[an-Nisa' 4:127] They ask thy instruction concerning the women say: God doth instruct you about them: And (remember) what hath been rehearsed unto you in the Book, concerning the orphaned women to whom ye give not the portions prescribed, and yet whom ye desire *tankihuhunna*, as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do, but God is well-acquainted therewith.
PakistaniAbroad: Having understood 4:3 which talks about Orphan Women and marrying them off, we now understand that 4:127 is talking about 4:3 and once again the form of ankihu used is tankihuhunna and is translated best as you marry them (female) off
Topic changes to matters of divorce for a couple:
[an-Nisa' 4:128] If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do good and practise self-restraint, God is well-acquainted with all that ye do.
[an-Nisa' 4:129] Ye are never able to be fair and just between the women, even if it is your ardent desire: But turn not away altogether, so as to leave her hanging. If ye come to a friendly understanding, and practise self-restraint, God is Oft-forgiving, Most Merciful.
[an-Nisa' 4:130] But if they disagree (and must part), God will provide abundance for all from His all-reaching bounty: for God is He that careth for all and is Wise.
PakistaniAbroad: Allah tells us that Greed can sway a man' s intention which makes him unable to be just in the matter of a divorce with a women, where he can, out of fear of parting with the money given to her, not divorcer her altogether but keep her hanging. So if both of them reconcile, it's best, but if they part, Allah gives them both out of his bounty..
NO POLYGAMY.. just simple verses regarding divorce.
Conclusion
We were faced with the traditional definition of the verses and we reviewed the exact meanings in the light of the Qur'an.
Logically speaking it all adds up now.
In Islam when a woman is married it's a financial burden of providing for her OFF of the guardian and transferred to the husband. The husband has to give dower to the woman and the guardian has to just give the woman away.
Therefore when a Muslim feels the pinch and feels (s)he can't be equitable with the Orphan's money, it's better to marry the ones who have consented off by twos, threes, fours. If the Muslim fears that would cause injustice with any of them then only one or a women who is financially supported.
These women are to be given their inheritance precisely, unless they themself leave something which is to be enjoyed.
Marrying OTHER women makes no sense cuz a Muslim in financial trouble has to pay her dower too while the possibility of doing injustice with the Orphans' money remains.
The only way the whole system adds up is with the understanding that 4:3 is talking about marrying off the women orphans and not about a blank check for Polygamy.
This view then is supported by the absence of any inheritance laws for multiple wives, or mention of multiple wives anywhere else, either for the Prophets or otherwise
[`Abasa 80:33] At length, when there comes the Deafening Noise,-
[`Abasa 80:34] That Day shall a man flee from his own brother,
[`Abasa 80:35] And from his mother and his father,
[`Abasa 80:36] And from his wife and his children.
[`Abasa 80:37] Each one of them, that Day, will have enough concern (of his own) to make him indifferent to the others.
Allah Knows Best
[This message has been edited by PakistaniAbroad (edited April 06, 2002).]