Topic: Orphans (Yatim)

4:155; 5:13.

2:44; 4:78; 6:73; 22:79; 24:57; 30:32.

Important Words:

میثاق (a covenant). See 2:64.

Commentary:

After setting forth the attitude of the Israelites of the Holy Prophet’s time towards the Prophets of God and their own Scriptures, the Quran draws their attention to the teachings which they had been required to follow but which they ignored.

The verse under comment does not refer to any particular covenant, but to the vices which were rife among the Jews at the time and which were forbidden them in the Bible. Worship of any object other than God is repeatedly forbidden in the Jewish scriptures (Exod. 20:3-6). Again, kindness to parents is also among the injunctions (Exod. 20:12). Similarly, for the kind treatment of kinsmen, clear injunctions have been given (Lev. 19:17, 18; Exod. 21:9, and Prov. 3:27, 28). For care of orphans, an injunction is to be met with in Deut. 14:29. Sympathy for the poor is enjoined in Deut. 15:11. The injunction to deal gently with mankind is found in Prov. 3:30. The commandment to observe Prayer is given in Deut. 6:13. The injunction for alms-giving may be seen in Exod. 23:10, 11.

The Jews openly disregarded these clear injunctions. They set up equals to God, some believing in Ezra as the son of God, others taking the word of their divines as revelation and setting aside the dictates of the Holy Writ. Their treatment of their own kinsmen and others was cruel. Their attitude towards orphans and the indigent was unsympathetic. They were quite devoid of fellow feeling and were lax in worship and alms-giving. It should, however, be noted that God has not condemned the whole Jewish nation, but has made an exception in the case of the righteous few among them.

In this verse, as everywhere else in the Quran, the sequence of words follows the natural order of importance. The worship of the One God is mentioned first. Then mention is made of mankind, who have been divided into two classes: (1) those who deserve good treatment as a right; (2) those to whom kindness is shown as an act of charity. The first class is mentioned first, because in their case there is a sort of obligation, a debt to be paid. Those who are to be treated kindly out of charity are mentioned afterwards, the degree of need in each case determining the sequence. Last of all, acts of obedience to God are mentioned; and out of them the most important ones pertaining to the purification of the soul and the payment of religious taxes are selected; and these are placed after fellow feeling, because fellow feeling is the first step towards the moral elevation of man, who often feels impelled to it from within without reference to any law.

It is noteworthy that the injunctions that are found scattered in the Bible have been placed together in a most beautiful order in the Quran.

2:190.

76:9.

9:4; 13:21.

2:215; 6:43; 7:95.

49:16.

Important Words:

البر (righteousness) is derived from بر. They say بر والدہ i.e. he obeyed his father or he behaved kindly and lovingly towards him. بر الله means, he obeyed God. بر فی قوله means, he spoke truthfully. برت الصلوة means, the Prayer was accepted. بر(birr) therefore, means: (1) a gift or favour; (2) obedience; (3) righteousness; (4) truthfulness (Aqrab); also (5) extensive goodness or goodness of a high order (Mufradat). And بر (barr) is one who does good to others. It is also one of the attributive names of God (Aqrab).

ابن السبیل (wayfarer) literally means, son of the road. The word signifies: (1) one who travels much (Lane); (2) a traveller or wayfarer who is far away from home, i.e. one who is on a long journey (Mufradat); (3) simply one on journey; (4) one whose way has been cut short to him, i.e. one who is stranded on the way (Aqrab).

الرقاب (captives) is the plural of رقبة (a captive or a slave) which is derived from رقب. They say رقبه i.e. he waited for or looked for him; he watched or guarded him; he was on his guard against him; he put a rope round his neck. رقبة means: (1) neck; (2) the hinder part thereof; (3) a person or being possessing a neck; (4) a slave or bondman or captive or prisoner, particularly a slave or captive who has contracted with his owner or custodian for his freedom. Thus the expression فی الرقاب would mean, in the ransoming of slaves or captives, etc. (Aqrab, Mufradat & Lane).

الباساء (poverty) and الباس (war) are both derived from بؤس orبئس i.e. (1) he was or became strong and valiant in war or fight; (2) he was or became in a state of great want or poverty or distress. الباساء means: (1), distress; (2) poverty; (3) hardship; (4) misfortune; (5) calamity; and (6) war. And البأس means (1) might or strength in war or fight; (2) courage, valour and prowess; (3) war or fight; (4) fear; (5) punishment or torment; and (6) harm or injury, as in لاباس به i.e. there is no harm in it (Lane & Aqrab). See also below.

الضراء (afflictions) is derived from ضر meaning, he caused him a loss or an injury. الضراء means: (1) vicissitudes of time; (2) hardship; (3) loss of life or property; (4) afflictions; and (5) famine (Aqrab). الضراء is especially that evil or affliction which relates to one’s person, as disease, etc. whereas البأساء is that which relates to property, as poverty, etc. (Lane).

Commentary:

The verse points to an important principle relating to form and spirit. Every commandment must have an outward form as well as an underlying spirit. What, however, is really meant is the underlying spirit and not the outward form which mostly serves as an outer shell for preserving the inner kernel. To illustrate this principle, the verse refers to the commandment relating to the turning of faces to a particular direction while offering Prayers. The verse points out that Islam has not directed the Faithful to face in a particular direction during Prayers, because it considers such an act to be of any intrinsic virtue. The fixing of a special direction is merely meant to bring about uniformity, whereas what really counts is the purpose underlying it, which is perfection of faith and deeds. The Quran, accordingly, proceeds to give in a nutshell the Islamic teachings about these two subjects.

The literal translation of the clauses ولکن البر من آمن is, "but righteousness is one who believes" which is obviously incomplete. So some words must be understood here. According to Sibawaih, a great authority on Arabic syntax, the rules of the Arabic language sometimes permit the omitting of a word for the sake of brevity or for laying special stress or for affording greater elasticity in speech. In accordance with this rule, the clause would read: ولکن البر من آمن i.e. "but righteousness is the righteousness of one who believes." Instances of such omissions of words are not lacking in the Arabic language (Sibawaih, i. 109).

According to yet another rule of the Arabic language, a مصدر (infinitive noun) is sometimes used in place of an اسم فاعل(active participle) in order to convey an intensified sense. Thus the word بر (righteousness) in the verse would mean بر الکامل i.e. "perfectly righteous or very righteous," and the clause would be translated as "perfectly righteous or very righteous is he who believes in Allah…"

The pronoun in the expression حبه (love of Him) may refer either to the word "Allah" in the previous clause, and in that case, the clause آتی المال علی حبه would mean, "spends his money for love of God". Or it may refer to the word مال(money). In this case, the clause would mean, "spends his money notwithstanding his love for money". Lastly, it may also refer to the noun implied in the verb آتی i.e. the act of spending. In this case the clause would mean "spends his money for the love of spending it". All these meanings are correct and may be applied. Indeed, it is one of the inimitable beauties of the Quranic diction that it chooses words and constructions that go to convey a variety of meanings in the shortest of expressions.

The verse affords another example of this kind in the expression ابن السبیل (son of the road). As explained under Important Words, this expression gives no less than four meanings and all are equally applicable here. So spending on ابن السبیل would signify (1) spending money in order to encourage travelling, which is a means of increasing knowledge and extending social relations; (2) helping such travellers as are on long journeys and are far away from home; (3) helping all wayfarers; and (4) helping such wayfarers and travellers as become stranded on the way. This is indeed a wonderful example of the combination of brevity and comprehensiveness. The verse also throws some light on the Islamic teaching about slavery. Islam prescribes it as a sign of true faith and perfect righteousness that money be spent on emancipating slaves. Nay, even such as are made captives from among those who attack Muslims with a view to annihilating them, are to be shown mercy and granted freedom out of money supplied by Muslims. For the discussion of Islamic teachings about slavery see 24:34.

The word الصابرین (the patient) in this verse is in the accusative case, while, according to the common rules of Arabic grammar, it should be in the nominative case like the preceding word الموفون (those who fulfil). The change is not without purpose and has been made to put emphasis on the word. According to Abu ‘Ali, a well-known authority on Arabic syntax, when a sentence contains a number of nouns of praise or dispraise, it is considered idiomatic to vary their grammatical inflection (Muhit, part ii). This is done to intensify the meaning.

As pointed out in the beginning, this verse gives a gist of the teachings of Islam. It begins with the fundamental Islamic beliefs and doctrines which are the source and basis of all actions and on the rectitude of which depends the rectitude of' one’s actions. The most fundamental of these is belief in God Who is the central point of all faith. Second in importance is belief in the Last Day or the Day of Judgement, upon a real understanding of which depends the direction of man’s actions in this life. Then follows belief in angels who serve as a sort of intermediaries between God and His creation. Then there are Divine Scriptures embodying God’s revelation which point out the way to the attainment of His pleasure and the purification of man’s soul. Lastly are Prophets who are the recipients of God’s revelations, communicating to man the will of God and serving as models to be followed and imitated by him. These five objects of faith have been mentioned here in their natural order and not necessarily in order of importance.

After stating the fundamental objects of faith, the verse proceeds to mention some of the more important ordinances relating to man’s actions. Pride of place is given to charity which a man gives not as a duty imposed on him, but as prompted by love, solicitude and sympathy for his kinsmen and fellow beings or out of love for common humanity. Next come the commandments regarding Prayer and Zakah which help to establish a true connection between God and man on the one hand and regulate relations between man and man on the other. Finally are laid down the two bulwarks of character and morality, i.e. (1) the redemption of promises and pledges; and (2) the displaying of fortitude, patience and steadfastness in time of distress, the first-mentioned forming one of the bases of international morality and the latter the means of its perfection.

2:178; 4:37.

Important Words:

خیر (good and abundant wealth). See 2:181.

اقربین (near relatives) is the plural of اقرب (derived from قریب) meaning, one nearer; a near relative (Aqrab).

Commentary:

When the Companions of the Holy Prophet were told that they could not win the pleasure of God and enter Heaven unless they were made to pass through sufferings and afflictions like those that had gone before, they at once signified their readiness to part with their wealth and property in the cause of God and asked the Holy Prophet to let them know what they should spend in order to win the pleasure of God and attain spiritual progress. They did not wait for the threatened trials to actually overtake them, but were prepared to make every kind of sacrifice in advance. They simply wanted to be told what form their sacrifice should take.

In reply to their eager question, God’s reply also indicates a sort of eagerness, as if He meant to impart to the Faithful the relevant commandment in its entirety, without waiting for any further question on their part; for whereas their question related only "what" they should spend, God’s answer goes a step further, describing also "on whom" the money is to be spent. As to the question, what is to be spent should be (1) well-acquired and (2) abundant. In moments of great national need, there can be no hope of success unless people spend freely and generously. But as free and generous expenditure carries with it the danger of weak people resorting to acquiring wealth by unfair means, therefore the condition about the money being "good" has been added.

As to the other part of the anticipated question, i.e. on whom should the money be spent, the Quran says that money should be spent on parents and near relatives (lit. near ones) and orphans and the needy and the wayfarer. The five classes include all such persons as generally stand in need of help. The two first-mentioned classes include relatives, neighbours and friends who go to form the group that immediately surrounds a man and must claim his first attention, owning to personal relationship or personal contact. Then follow two classes that deserve help owing to their particular circumstance, orphans being without anyone to support them and the needy without any means of support. Lastly comes the wayfarer, whose claim consists in his being a stranger with no friend, no relative and no supporter. By pointing out these five classes as deserving of help, the Quran desires to hint that unless the entire community, including those who come to stay with them temporarily, is prepared to fight in the cause of Allah and unless the well-to-do classes help the weaker ones in their preparation for the national struggle, Muslims cannot present a united front nor can their efforts bring about the desired result. Each and every person must gird up his loins to contribute his fullest possible share, and those who cannot do so for want of means must receive help from others who can afford such help.

4:128; 89:18; 93:10; 107:3.

Important Words:

الیتامی (orphans) is the plural of یتیم which is derived from یتم meaning he fell short of a thing, feeling weak and tired; he lost his father in childhood. Thus یتیم is one whose father has died and who has not yet attained the age of puberty, which, according to Islamic jurisprudence, is 18 years. The word یتیم is also used about a thing which is without equal (Aqrab & Mufradat).

تخالطوھم (intermix with them) is derived from خلط. They say خلط الشیء بالشیء i.e. he mixed up one thing with the other. خالطهmeans, he mixed or mingled or associated with him; he mixed or joined with him in his affairs; he became co-partner with him. خالط قلبه ھم means, anxiety pervaded his heart (Aqrab & Lane).

اعنتکم (put you to hardship) is derived from عنت which means, he fell into difficulty or hardship. اعنته means, he put him to hardship; he burdened him with a task that was beyond his power (Aqrab).

Commentary:

The opening words of this verse apparently seem to be misplaced, for they are connected not with the following words of the verse in which they are placed, but with the concluding words of the previous one. The complete sentence, therefore, should read like this, "thus Allah makes His commandments clear to you that you may reflect upon this world and the next". If read like this, the clause would mean that God has refrained from issuing a definite commandment with regard to war expenditure and has simply ordered you to retain such portion of your possessions as you may require for your worldly needs and spend the balance in the cause of religion so that you may be trained to think over and judge the comparative value of this world and the next and act accordingly. The words, "upon this world and the next" have been separated from the preceding words to provide a pause with the object of impressing the importance of the matter on the mind of the listener or reader.

As Quranic verses follow a natural order––an order prompted and followed by the innermost nature of the addressee––this verse follows in the wake of the verses dealing with war. As the war leaves behind orphans, this verse lays down basic instructions as to how they should be treated and looked after. Muslims are told that the bringing up of orphans is a very delicate affair and an important social duty. Orphans should be brought up in the manner most conducive to their greatest good, i.e. their physical, moral and spiritual welfare. They should be treated as members of the family; and their property properly looked after and steps taken to augment it. The words, and if you intermix with them, they are your brethren, signify not only permission but exhortation. The exhortation lies in the word "brethren" which is meant to point to Muslims to allow orphans to live as members of their family, this being not only wise and humane but also based on considerations of convenience. If orphans had been directed to be kept aloof and their property managed on a strictly legal basis, it would have, in most cases, entailed a good deal of unnecessary inconvenience and trouble for both parties concerned.

The words, Allah knows the mischief-maker from the reformer, serve as a stern warning to the guardians of orphans. Anything they do is sure to come to the knowledge of God. Nay, God knows even the hidden things of the human heart. So they should beware of playing the part of mischief-makers in the garb of reformers.

God’s attributes of "Powerful" and "Wise" placed at the end of the verse contain a general admonition to guardians of orphans to be very careful about their dealings with them. They should not delude themselves with the idea that, being weak and not yet possessed of proper understanding, the orphans are entirely at their mercy and that they can treat them as they like. For, if orphans are not strong and wise, God certainly is, and He would call them to account if they behaved unkindly or dishonestly towards these helpless and friendless creatures of His. By mentioning God’s attributes of "Powerful" and "Wise" the Quran also means to exhort Muslims to look after orphans in such a way and give them such good education and training as should help them to grow strong and wise and become useful members of the community.

4:11, 128; 6:153; 17:35.

Important Words:

حوبا (sin) is derived from حاب meaning, he sinned; he did what was unlawful. حوب means: (1) a great sin or simply sin or crime; (2) wrong or injustice; (3) perdition, destruction or death; (4) disease; (5) a trial, trouble or affliction (Lane & Aqrab).

Commentary:

After mentioning two favours of God in the previous verse, viz. the multiplying of many men and women from a "single soul", and preserving them from destruction by instituting ties of relationship, the Quran proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.

The expression, and exchange not the bad for the good, means that if you do not give the orphans their property, the result will be that your own pure possessions will become impure and you yourselves will suffer in the long run.

The words, devour not their property with your own, contain a warning to guardians not to mix up the property of orphans with their own with the intention of misappropriating it. The clause also hints that if the guardian of an orphan possesses sufficient means of subsistence, he should not take anything out of the property of his ward as a compensation for his guardianship.

4:130.

Important Words:

طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).

مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.

تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.

Commentary:

The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:

(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.

(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.

(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).

(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.

(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.

The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).

A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.

If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.

With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).

Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.

It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.

It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.

Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.

The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.

Commentary:

Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.

The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.

But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.

The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.

The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.

Commentary:

The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance.

By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator’s lawful heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhari ch. on Wasaya).

According to Ibn ‘Abbas, Ibn Musayyib, Ibn Sa‘id and Abu Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muhit). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person’s property.

See 4:3.

Important Words:

یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).

Commentary:

The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.

6:152; 7:34; 17:24; 23:60.

Important Words:

جار الجنب (neighbour that is a stranger) is a compound word made up of جار (neighbour) and جنب (stranger or one distant). The compound word thus means, a neighbour who is not from one’s own tribe or community; a distant neighbour (Aqrab & Mufradat).

صاحب بالجنب (companion by your side) is also a compound word made up of صاحب (companion) and جنب (one’s side). The compound word thus means, the immediate neighbour or the near neighbour; or simply companion or co-worker or colleague (Aqrab, Lisan & Mufradat).

Commentary:

After laying down in the preceding verses that one should be kind to one’s wife, in the present verse the Quran enjoins a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents who are the nearest, to strangers who are the farthest removed.

The Arabic expression rendered as, neighbour that is a kinsman, may also mean: (1) the neighbour that lives near; (2) the neighbour that is kindly.

Similarly, the words, neighbour that is a stranger, may also include: (1) the neighbour that lives at a distance; (2) the neighbour that is not kindly.

The expression, companion by your side, may mean:(1) wife or husband; (2) comrade on a journey; (3) fellow-partner in a trade or a co-worker; (4) associate; (5) immediate neighbour.

The words, those whom your right hands possess, may refer to slaves, bondwomen, servants and even subordinates.

A person who does not carry out the Divine commandments contained in this verse is condemned as "proud and boastful" because, instead of doing good to others and being kind to them, he looks down upon them and behaves arrogantly. The very act of abstaining from being kind to one’s fellow beings, whether relations or neighbours or strangers, is an act of pride condemned by Islam.

4:4.

Important Words:

یستفتونك (they seek of thee the decision of the Law) and یفتیکم (gives you His decision) are both derived from فتو or فتی i.e.he was or became youthful, or he was in the prime of life. فتا الرجل means, he surpassed the man in فتوة i.e. in generosity. افتاه فی الامر means, he made known or explained to him the decision of the Shari‘ah respecting the matter; or he gave him an answer stating the decision of the Law respecting a question. استفتیت الفقیه فی الامر means, I asked or sought of the jurist or the lawyer or the learned man the decision of the Shari‘ah respecting the matter. فتوی therefore means, an explanation or notification or pronouncement of the decision of the Law in some dubious or difficult matter given by a jurist or a lawyer or a man learned in religious Law. استفتاء means, asking or seeking of a jurist or a lawyer or a learned man the decision of the Law (Shari‘ah) in a certain dubious or difficult matter (Lane & Aqrab). The expression إفتا rendered in the verse as gives you the decision, is also sometimes used in the sense of permitting or giving permission, as in the well-known hadith الاثم ماحك فی صدرك وان افتاك الناس i.e. a sin is that which pricks in thy mind even if people should say that it is permissible (Lisan). In this case the Quranic clause الله یفتیکم rendered as, Allah gives you His decision, may also be translated as "Allah gives you permission".

Commentary:

The verse which has been differently translated is considered to be a rather difficult one. The decision spoken of in the clause, Allah gives you His decision, refers to what follows in the succeeding verses, i.e. 4:129-131.

The allusion in the words, that which is recited to you in the Book, is to verse 4:4 in the beginning of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately discharge. ‘Umar, the Holy Prophet’s Second Successor, would not allow the guardians of wealthy and handsome orphan girls to marry them but would insist on better husbands being found for them. On the other hand, if they were not so wealthy or handsome, he recommended them to their guardians for marriage so that, being acquainted with their defects and weaknesses, they might overlook their shortcomings and deal kindly with them. For further instructions about good treatment of orphans; see 4: 6, 7.

Generally speaking the clause, Allah gives you His decision regarding them (women) and so does that which is recited to you in the Book concerning the orphan girls, means that some instructions about women have already been given in the Quran and other instructions follow.

4:11; 17:35.

17:36; 26:182-183; 55:10.

2:287; 7:43.

5:2; 16:92; 17:35.

Commentary:

Next to the injunction to protect the lives of our brethren (see preceding verse) comes the injunction to protect their property. Of those the Quran takes first those who cannot take care of their own property, viz. orphans. The verse says:And approach not the property of the orphan, except in a way which is best. In these words we are bidden to take due care of the property of those whose parents are dead and who are too young to take care of their property. We are to act as trustees for their property and we are strongly forbidden to misappropriate it. The injunction not to "approach" the property, however, does not mean that we should not even make such use of their property as may be to the advantage of the orphans themselves, e.g. investing it in some profitable business which may bring gain to our wards. The Quran allows such profitable investment by saying, except in a way which is best. Again by using the words, till he attains his maturity, the Quran reminds us that we are to be the custodians of the property of orphans not for a month or a year, but until the time when they are old enough to take charge of it and look after their own affairs.

Next to orphans come those of our brethren who, though able to take care of their property, may sometimes become the dupes of others. So the next injunction is of general application and is to the effect: And give full measure and weight with equity. In these words we are bidden not to cheat or defraud others of their property in any way, even if the other party is not intelligent or watchful enough to look after his or her interests.

After the injunctions pertaining to the protecting of property, comes the injunction to guard our tongues. Says the Quran: And when you speak, observe justice even if a relation be concerned. This signifies that when we are called upon to bear witness, we should speak the truth, even if our testimony may prove harmful to one near and dear to us. On the other hand, we should not unjustly harm our relations either. We must be true to them also, for they too are our brethren and come under the general injunction.

After the injunction to guard the tongue comes the injunction to guard the heart. Says the verse, and fulfil the covenant of Allah. Obviously this injunction pertains to the heart, for whereas the previous injunctions pertained to the covenant with men, the present one relates to the covenant with God.

It should also be noted that the injunctions contained in 6:152 pertained to outward evils, hence they were followed by the words, that you may understand, i.e. if you will act upon these injunctions, your power of understanding will be strengthened. But the injunction contained in the latter portion of the present verse pertains to the heart; it has, therefore, been aptly followed by the words, that you may remember.

8:70.

3:14,167.

Commentary:

This verse (see also 8:2) relates to the division of the spoils of war. One fifth of such property was to be set apart, and the remainder was to be divided among the soldiers (who received no pay). In pre-Islamic Arabia, the practice was that first of all the commander chose from the booty anything he liked. This was known as صفیة (safiyyah), i.e. the thing chosen. Of the remainder he took خمس (one-fifth) in addition to صفیة (the chosen thing). Islam abolished the practice of صفیة(safiyyah) and the fifth part also was not to go entirely to the commander, but was to be shared by others. In the lifetime of the Holy Prophet, the practice was that of the خمس i.e. the fifth part, the Prophet took only a portion, and divided the remainder among his kinsmen, the orphans, the poor and the wayfarers. By 'kinsmen' were meant the descendants of Hashim and ‘Abdul-Muttalib, the two near ancestors of the Holy Prophet. After the death of the Holy Prophet, the fifth part went to the Khalifah or Imam who was to divide it among himself, the kinsmen of the Holy Prophet, the orphans, the poor and the wayfarers. According to Imam Malik, the division need not necessarily be made into equal portions, but is to be left to the discretion of the Imam, who is to divide it as circumstances and the need of the hour demand. Such was also the practice of the Holy Prophet and his four rightly-guided Successors.

The words, if you believe in Allah, are meant for the Imam, or the commanders, and serve as a reminder to them that they are not to appropriate the whole خمس (fifth portion) for themselves but should also give to other classes of men their due, as directed in the verse.

The words, if you believe in Allah and in what We sent down to Our servant on the Day of Distinction, serve twofold purpose. Firstly, they are meant to show that the qualification implied in the words, if you believe, does not relate to the Holy Prophet. Secondly, they serve to remind Muslims that since God helped them against disbelievers at Badr, when all material factors were against them, they should trust in His help and accept all His commandments regarding the distribution of spoils, etc., willingly and cheerfully.

The Battle of Badr is called یوم الفرقان (Day of Distinction) because on that day God brought into being extraordinary circumstances to grant victory to His Prophet, and to make it clear which party was fighting in the cause of God and which in the cause of Satan. Thus, the words یوم الفرقان (Day of Distinction) are here intended to hint that when a Muslim commander or an Imam gains a victory over his enemies, he should bear in mind that it is due to God’s assistance, and, therefore, he should not hesitate to divide the booty in accordance with His command.

4:7, 11; 6:153.

5:2; 16:92.

Commentary:

Besides the every-day incidence of death, sudden and accidental happenings, among which may be included epidemics, murders, etc. leave children orphans. Hence, after having laid down the law about the punishment of murder, which leaves orphans in two families––in the family of the murderer and that of the murdered person—the Quran proceeds to give directions about the rights of orphans. One of the most important of these is with regard to their property.

The present verse clearly lays down that the property of orphans is to be handled in such a way that it may increase and produce the best results for them. In this as in many other respects the teaching of Islam is clearly superior to that of other religions. In no other religious system have such detailed instructions been given to safeguard the property of orphans as are given by Islam. The present verse institutes, as it were, a general Court of Wards, a department designed for the protection of the property of orphaned minors. It is generally considered to be a western institution, but it was conceived and brought into being by Islam no less than 1350 years ago.

The words, until he attains his maturity, signify that the guardianship of orphans’ property is not to be given up before they are physically and mentally mature enough to take proper care of it; nor is it to be retained a minute longer after that.

The word عھد (covenant) also means an obligation and it has been used here in this sense to emphasize the fact that taking proper care of orphans’ property constitutes no favour to them but is a responsibility and a duty to be discharged fully and honestly. Orphans are powerless to call their guardians to account if the latter are found to be guilty of fraudulence with regard to their property. So God has given their charge the status of a divine covenant the breach of which will be severely punished.

This word عھد, however, may possess a wider significance. It may refer to the responsibility that devolves upon a powerful nation which takes under its protection a weaker sister nation. Such a powerful nation is reminded that it can keep under its tutelage the weaker nation only till that time when the latter "comes of age" and is fit to take charge of its affairs. The weaker nation is here likened to an orphan whose period of tutelage is a sacred trust which the stronger nation is directed to discharge honestly "until it attains its maturity." The verse thus possesses an object lesson for the Western Mandatory Powers.

8:2, 42.

47:34; 49:8.

Important Words:

دولة (to circulate) is derived from دال. They say دالت الایام i.e. the days came round in their turns. دالت له الدولة means, good fortune came to him i.e. the turn of fortune was his. داول اللّٰه الایام بین الناس means, God made days to compound among men in turns. دولة (daulatun) as also دولة (dulatun) means, a turn of good fortune; a turn to share in wealth and to prevail in war; a turn of taking a thing. Or دولة (dulatun) is in wealth and دولة (daulatun) is in war; according to some the former signifies a thing that is taken by turns and the latter the act of taking by turns and a transition from one state to another. Or the former relates to the next world and the latter to the present world and it is said that the former signifies the transition of wealth from one people to another and the latter, prevalence, predominance or victory (Lane & Aqrab).

Commentary:

The verse deals with the subject as to how فییء should be spent. As فییء consists of such booty as is attained without difficulty or labour and accrues to Muslims without war, the soldiers have no share in it and the whole of it forms part of the public treasury to be spent as mentioned in the verse.

Where soldiers are paid by the State, all spoils of war go to the public treasury i.e. Baitu1-Mal. Islam being a great advocate and protagonist of the cause of the poor and supporter and protector of their interests, the verse incidentally lays down the principle that the circulation of wealth should not remain continued to the privileged and propertied class. As an individual’s health requires that his physical needs be reasonably met, a society’s health requires that material goods be widely distributed and wealth be in easy circulation. This is the basic principle of Muslim economics and nowhere did the Holy Prophet’s democratic thunder speak with greater force or clarity than in this field. Finding humanity ground down under the tyranny of vested interests, he propounded measures that broke the barriers of economic caste and enormously reduced the injustices of special privilege. The main principle of Muslim economics is that the wealth of the people be widely shared. Islam does not oppose the profit motive or economic competition. It does not discourage a man from working harder than his neighbour, nor does it object to his earning a large income. It simply insists that acquisitiveness and competition be balanced by fair play and compassion. Since human nature automatically takes care of the former, it falls to social laws to safeguard the latter. The Zakah is Islam’s basic device for institutionalizing regard for others, but it is supplemented by a number of other measures (The Religions of Man by Huston Smith).

The words, "whatever the Messenger gives you, take it," shows conclusively that the Sunnah forms an integral part of the Islamic Law.

2:178; 90:15-17.

Important Words:

طعام (food) is inf. noun from طعم i.e. he tasted or ate. طعام means, food; wholesome and agreeable food which satisfies the eater. They say ما یطعم آکل ھذا الطعام i.e. the eater of this food does not become satisfied (Lane).

Commentary:

The verse may mean: (1) Because they love God, so, in order to win His pleasure, they feed the poor and the captives. (2) They feed the poor for the sake of feeding them, i.e. they do the good act of feeding for the sake of doing good, seeking no reward, appreciation or approbation for what they do. (3) They feed the poor while they themselves need the money which they spend on others. The verse also signifies that the righteous believers give the poor wholesome and agreeable food, طعام meaning agreeable and wholesome food (Lane). This implies that the believers are expected to give in charity the things they love most. Elsewhere the Quran says: "You cannot attain to righteousness unless you spend in the way of Allah out of that which you love best (3:93).

107:3.

76:9; 89:19.

Important Words:

مسغبة (hunger) is derived from سغب which means, he was or became hungry or suffered hunger, together with fatigue. أسغب القوم means, the people entered upon a state of hunger. They say به مسغبة i.e. in him is hunger or hunger together with fatigue (Lane & Aqrab).