Sura-4 [Al Nissa Medina 92]
The Quranic Text & Ali’s version:
وَإِنْ
خِفْتُمْ
أَلاَّ
تُقْسِطُواْ
فِي
الْيَتَامَى
فَانكِحُواْ
مَا
طَابَ
لَكُم
مِّنَ
النِّسَاء
مَثْنَى
وَثُلاَثَ
وَرُبَاعَ...
4:3. If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four;
C508. Notice the conditional clause about orphans, introducing the rules about marriage.
This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity.
The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependants if you have any. If not, make other arrangements for the orphans.
... فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ...
but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess.
... ذَلِكَ أَدْنَى أَلاَّ تَعُولُواْ ﴿٣﴾
That will be more suitable, to prevent you from doing injustice.
C509. The unrestricted number of wives of the "Times of Ignorance" was now strictly limited to a maximum of four, provided you could treat them with equality. (R).
Asad’s Version:
4: 3 If you have reason to fear that you might not act equitably towards orphans, then marry from among [other] women such as are lawful to you [note 3] – [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one – or [from among] those whom you rightfully possess [note 4]. This will make it more likely that you will not deviate from the right course.
Other versions:
Yusuf Ali If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.
Pickthall And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice.
Transliteration Wa in khiftum alla tuqsitu_ fil yata_ma_ fankihu_ ma_ ta_ba lakum minan nisa_'i masna_ wa sula_sa wa ruba_'(a), fa in khiftum alla_ ta'dilu_ fawa_hidatan au ma_ malakat aima_nukum, za_lika adna_ alla_ ta'a_lu_.
Asad’s notes:
4 – Lit., “whom your right hands possess” – i.e., from among the captives taken in a war in God’s cause (regarding which see surah 2, notes 167 and 168, and sura 8, note 72). It is obvious that the phrase “two, three, or four: but if you have reason to fear…….., etc. is a parenthetic clause relating to both the free women mentioned in the first part of the sentence and to female slaves – for both these nouns are governed by the imperative verb “marry”……….implying that, irrespective of whether they are free women or, originally, slaves, the number of wives must not exceed four. IT is in this sense that Muhammad Abduh understood the above verse, This view is, moreover, supported by verse 25 of this surah as well as by 24:32, where marriage with female slaves is spoken of. Contrary to the popular view and the practice of many Muslims in the past centuries, neither the Quran not the life-example of the Prophet provides any sanction for sexual intercourse without marriage. ………
As regards the permission to marry more than one wife (up to the maximum of four),………..With the wisdom that always takes human nature fully into account, Islamic law undertakes no more than the safeguarding of the socio-biological function of marriage………….In any event, --since marriage in Islam is a purely a civil contract – recourse to divorce is always open to either of the two partners. (Regarding the dissolution of a marriage at the wife’s instance, see surah 2, note 218) ]]
[[ Ali’s notes - 507 Justice to orphans is enjoined, and three things are particularly mentioned as temptations in the way of a guardian: (I) He must not postpone restoring all his ward's property when the time comes; subject to iv. S below. (2) If there is a list of property, it is not enough that that list should be technically followed: the property restored must be of equal value to the property received: the same principle applies where there is no list. (3) If property is managed together, or where perishable goods must necessarily be consumed, the strictest probity is necessary when the separation takes place, and this is insisted on. See also ii. 220 and note. (4.2)
508 Notice the conditional clause about orphans, introducing the rules about marriage. This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity. The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependents if you have any. If not, make other arrangements for the orphans. (4.3)
539 As the woman in marriage surrenders her person, so the man also must surrender at least some of his property according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality. (4.3) ]]
[[ Asad’s note 3 – Lit., “such as are good for you” – i.e., women outside the prohibited degrees enumerated in verses 22-23 of this surah (Zamakhshari, Razi). According to an interpretation suggested by Aishah, the Prophet’s widow, this refers to the (hypothetical) case of orphan girls whom their guardians might wish to marry without, however, being prepared or able to give them an appropriate marriage-portion-the implication being that they should avoid the temptation of committing such an injustice and should marry other women instead(cf Bukhari, Kitab………….)………….”you must apply the same careful consideration to the interests and rights of the women whom you intent to marry.”…………..]]