An-Nisā’ 4:2

The issue

In the first verse, the Qur’ān warns Muslims against seizing the money of orphans,

considering it a great sin (Q 4.2). In the next verse, it tells Muslim men “if ye fear” that

they shall not be able to deal justly with orphans, then “marry what seems good to you of women, by twos, or threes, or fours...” (Q 4.3).

So, what is the connection between being afraid of dealing unjustly with orphans and

choosing to marry any number of women?

According to the Arabic grammar, “if ye fear that ye cannot do justice [act equitably]”

is a condition and “marry” is the result or reply. Therefore, how can this reply be

connected to that condition?

Muslim scholars have expressed their opinions on this verse:

• The first opinion: According to ‘Ā’isha, this verse refers to the orphans’ custodians.

They were infatuated with the beauty of the orphan girls in their care and married

them at a reduced dowry. The verse directs these men to pay the girls a fair dowry.

However, if they feared that they would not be able to act equitably in this regard,

then they should marry foreign women.

• The second opinion: After the Qur’ān demanded the just dealing of orphans

(Q 4.2), men felt intense pressure lest they failed to be equitable. Therefore, the

following verse tells them, “[I]f you were afraid to neglect justice to orphans’ rights

and are in distress over it, then also be afraid to neglect justice to women, and

so reduce the number of women you marry.”

It was mentioned by Sa‘īd Ibn Jubayr, al-Sadī, Qatāda, and Ibn ‘Abbās that as far as the orphans’ money was concerned, Arab men felt pressured to act responsibly, but they did not feel that same responsibility when it came to women, even if they married ten or more women. Therefore, the verse directs men, “[A]s you fear being unjust with orphans, likewise feel an obligation towards women and marry only up to the limit that would avoid injustice.”

• The third opinion: Muslim men felt hard-pressed to take care of orphans, so they

were told, if they feared for the rights of orphans, so be afraid of adultery, and,

thus, marry only the number of women allowed and try not to circumvent what is

prohibited.

• The fourth opinion: It was said that married men with several wives were taking

care of orphan girls and when they spent money on their wives, the money came

from the orphans’ allotment. As a result, the verse came to warn against this

shameful conduct and request that men be satisfied with a maximum of four wives

as a way to eliminate the cause of this misbehavior. If they were worried that they

would be unjust to even four wives, then they were instructed to marry just one.

Explains the commentary found in al-Muharir al-Wajīz: “If you feared the lack of

money to do injustice to orphans, then be limited.”

Notice the contradiction. One suggestion declares that Arabs were accustomed to

seizing the money of orphans for personal gain, either through reducing the dowry

(the first opinion) or through direct misappropriation of orphans’ money for personal

reasons, such as spending it on their wives (the fourth opinion).

Meanwhile, the second opinion states that men were trying to be fair to orphans

and that was why the Qur’ān asks the man to deal justly with his wife (or wives) in a

way similar to his conduct with orphans. However, this opinion does not agree with

the context of the verse, because the preceding verse warns men against robbing the

orphans of their money, a statement that insinuates they are guilty of robbing orphans.

Notice the verse does not tell Muslims, “as you fear being unjust with orphans, so fear

similarly with women,” but uses the phrasing, “if...then.” In other words, it shows a

relationship between the two.

As for the third opinion stating that the verse pertains to adultery, it is a weak opinion

because the verse is speaking of marriage. Even if we accept the third opinion, the

conditional connection “if...then” remains incomprehensible. Nevertheless, none of

these four opinions gives the reader a clear reason to link the fear of being unjust with

orphans’ money and the solution, marrying multiple women of their choice.

Notes:

° Allowing marriage to more than four women

According to the fourth opinion, if a man does not confiscate the orphans’ money

to cover his own expenses, then he has the right to marry as many women as he

pleases. Muslim scholars support lawful marriage to more than four women, basing

this judgment on Q 4.3.

° Allowing marriage to female orphans before puberty

Basing his opinion upon Q 4.3, Abū H. anīfa said it was permissible to marry an orphan girl before she reached the age of puberty.