Dealing Justly with Wives and Orphans (Qur'an 4:3): Difference between revisions

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[[File:Quran 4-3.png|290px|right|thumb]]
This article will examine a common [[Misinterpreted Verses|misinterpretation]] of [[Qur'an]] 4:3, and evidence provided in the [[sahih]] [[hadith|ahadith]] as to the true meaning of this verse.  
This article will examine a common [[Misinterpreted Verses|misinterpretation]] of [[Qur'an]] 4:3, and evidence provided in the [[sahih]] [[hadith|ahadith]] as to the true meaning of this verse.  


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{{ quote || ''' And you have it not in your power to do justice between wives, even though you may wish (it)..." ''' }}
{{ quote || ''' And you have it not in your power to do justice between wives, even though you may wish (it)..." ''' }}


Some Muslims will provide more evidence to back up their interpretation of 4:3 by giving the '' partial quote '' of [[Unjust Treatment of Wives (Qur'an 4:129)| 4:129]] as above. Since [[Allah]] says that you can only marry (up to) four women if you can deal Justly with them, and in 4:129, Allah tells us that men are unable to deal Justly with more than one wife. This means that men are generally not allowed to engage in polygamy. However, Allah included the allowance for multiple wives under specific circumstances. These include war, gender imbalance in certain regions/countries and women's preference.  
Some [[apologists]] will provide more evidence to back up their interpretation of 4:3 by giving the '' partial quote '' of [[Unjust Treatment of Wives (Qur'an 4:129)| 4:129]] as above. Since [[Allah]] says that you can only marry (up to) four women if you can deal Justly with them, and in 4:129, Allah tells us that men are unable to deal Justly with more than one wife. This means that men are generally not allowed to engage in polygamy. However, Allah included the allowance for multiple wives under specific circumstances. These include war, gender imbalance in certain regions/countries and women's preference.  


After a war where a lot of men are killed, there are usually much higher numbers of women alive than men. In this case,  men are permitted to take more than one wife, in order to reproduce at a faster rate than normal in order to repopulate the region. Women are more prevalent in some areas of the world, and men are also allowed to marry multiple wives when this is the situation, in order to ensure that every woman has a male partner and doesn't have to fend for herself. Some women also prefer to be a second, third or fourth wife; thus polygamy is also allowed in order to accommodate the desires of these women.
After a war where a lot of men are killed, there are usually much higher numbers of women alive than men. In this case,  men are permitted to take more than one wife, in order to reproduce at a faster rate than normal in order to repopulate the region. Women are more prevalent in some areas of the world, and men are also allowed to marry multiple wives when this is the situation, in order to ensure that every woman has a male partner and doesn't have to fend for herself. Some women also prefer to be a second, third or fourth wife; thus polygamy is also allowed in order to accommodate the desires of these women.
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The reasoning continues that a man can '' never '' treat his wives equally, thus 4:3 means: Don't treat orphans unfairly, by marrying their mothers in order to gain access to the wealth that the orphans will inherit when they come of age. Then 4:3 changes the topic, mid ayat and tells men that they can marry up to four free (believing) women, but if they cannot treat them fairly, then they can marry only one. Then 4:3 goes back to who they are allowed to marry, and says they may also marry captives (from their right hands), but that the injunction from the previous part of the verse still applies.
The reasoning continues that a man can '' never '' treat his wives equally, thus 4:3 means: Don't treat orphans unfairly, by marrying their mothers in order to gain access to the wealth that the orphans will inherit when they come of age. Then 4:3 changes the topic, mid ayat and tells men that they can marry up to four free (believing) women, but if they cannot treat them fairly, then they can marry only one. Then 4:3 goes back to who they are allowed to marry, and says they may also marry captives (from their right hands), but that the injunction from the previous part of the verse still applies.


Ie. Don't mistreat orphans by marrying their mothers to get their wealth >> Men can marry believing women; 2 or 3 or 4 >> If you can't treat them all exactly the same (fairly) then they can only marry '' one. '' >> Men can also marry their captives but "treat them fairly" rule still applies.
Ie. don't mistreat orphans by marrying their mothers to get their wealth >> Men can marry believing women; 2 or 3 or 4 >> If you can't treat them all exactly the same (fairly) then they can only marry '' one. '' >> Men can also marry their captives but "treat them fairly" rule still applies.


== Evidence as to the real meaning of 4:3 ==
== Evidence as to the real meaning of 4:3 ==
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Most apologists, because of this,  will avoid answering any questions as to the meaning of the whole verse(s) in order to stick to their own interpretation.
Most apologists, because of this,  will avoid answering any questions as to the meaning of the whole verse(s) in order to stick to their own interpretation.
{{pagetop}}


==== Evidence From sahih ahadith as to the meaning of 4:3 ====
==== Evidence From sahih ahadith as to the meaning of 4:3 ====
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{{ quote |{{Bukhari|7|62|2}}|that he asked 'Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) 'Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."  }}
{{ quote |{{Bukhari|7|62|2}}|that he asked 'Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) 'Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."  }}
{{pagetop}}


==== Evidence from tafsir's regarding 4:3 ====
==== Evidence from tafsir's regarding 4:3 ====
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== Conclusion ==
== Conclusion ==


Although the ahadith above do not discuss the verse in its entirety, the [[tafsir]]'s do. It is important to note that Aisha and the tafsir writers have defined "justice" for us. Kathir even makes it plain that 4:3 is not referring to perfect justice, so th alleged injunction against polygamy is invalid.  As "justice" is used twice in the verse in connection with two different types of women (orphans and free women) it is apparent that Justice means the same thing both times it is used. It would be incorrect to assume that "justice" means [[mahr]] in relation to orphans and something else for free women given the context of the verse. One more verse that needs to be considered in order to understand 4.3 is as follows:
Although the ahadith above do not discuss the verse in its entirety, the [[tafsir]]s do. It is important to note that Aisha and the tafsir writers have defined "justice" for us. Kathir even makes it plain that 4:3 is not referring to perfect justice, so th alleged injunction against polygamy is invalid.  As "justice" is used twice in the verse in connection with two different types of women (orphans and free women) it is apparent that Justice means the same thing both times it is used. It would be incorrect to assume that "justice" means [[mahr]] in relation to orphans and something else for free women given the context of the verse. One more verse that needs to be considered in order to understand 4.3 is as follows:


{{quote | {{Quran|4|25}} |
{{quote | {{Quran|4|25}} |
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{{ quote || ''' "If you are going to pay Orphans Less of a Mahr, or are just marrying them to get their property/wealth (or preventing them from marrying), then marry other women, 2 or 3 or 4, but if you cannot afford them (mahr, or support) then marry only one or a captive that your right hand possesses (as the Mahr is half that of a free woman or even nothing). This is better for you, than being financially unjust with your women." ''' }}
{{ quote || ''' "If you are going to pay Orphans Less of a Mahr, or are just marrying them to get their property/wealth (or preventing them from marrying), then marry other women, 2 or 3 or 4, but if you cannot afford them (mahr, or support) then marry only one or a captive that your right hand possesses (as the Mahr is half that of a free woman or even nothing). This is better for you, than being financially unjust with your women." ''' }}
Quran 4:3 has nothing to do with treating your wives equally, its about the orphan's and their Mahr. Injustice in this verse is talking about financial equality regarding bride price (for orphans) and financial viability of having that many wives, not equality between them.  
Quran 4:3 has nothing to do with treating your wives equally, its about the orphan's and their Mahr. Injustice in this verse is talking about financial equality regarding bride price (for orphans) and financial viability of having that many wives, not equality between them.


== Alternative Views ==
== Alternative Views ==
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Dividing the ayah into several pieces will make it easier to get a grip on an alternative view, which is not related to the mahr story in any way.
Dividing the ayah into several pieces will make it easier to get a grip on an alternative view, which is not related to the mahr story in any way.


==== 1. And if you fear that you cannot act equitably towards orphans ... ====
==== And if you fear that you cannot act equitably towards orphans ... ====


Orphan (yateem) is a child whose father is unknown. This can be the result of any of the situations listed below:  
An orphan (yateem) is a child whose father is unknown. This can be the result of any of the situations listed below:  


#Father is dead
#Father is dead
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Free orphans can be protected by other males whether they are related or not to the child. If a woman marries another man after her husband dies or somehow becomes untraceable, her orphans (underage children) will also be under the protection of the new father. Orphans of slaves are also slaves. But if a maid gives birth to a child of her owner, then the child is free.
Free orphans can be protected by other males whether they are related or not to the child. If a woman marries another man after her husband dies or somehow becomes untraceable, her orphans (underage children) will also be under the protection of the new father. Orphans of slaves are also slaves. But if a maid gives birth to a child of her owner, then the child is free.


According to [http://www.usc.edu/org/cmje/religious-texts/hadith/abudawud/017-sat.php#017.2867 Abu Dawud], a child can not be called an orphan after reaching the age of puberty. Puberty can only be understood when the child experiences his first nocturnal ejaculation (wet dream) during his sleep if it's a boy or has her first period if it's a girl.  
According to Abu Dawud, a child can not be called an orphan after reaching the age of puberty.<ref>''"Narrated Ali ibn AbuTalib: I memorised (a tradition) from the Apostle of Allah (peace_be_upon_him): There is no orphanhood after puberty, and there is no silence for the whole day till the night."'' - {{Abudawud|17|2867}}</ref> Puberty can only be understood when the child experiences his first nocturnal ejaculation (wet dream) during his sleep if it's a boy or has her first period if it's a girl.  


So, the orphans that are subject to marriage are ''underage girls''. Of course Islam does not have strict rules limiting the age of marriage, and as seen with Muhammad's marriage to Aisha, marriage to very young girls were also a common practice among early Muslims.  
So, the orphans that are subject to marriage are ''underage girls''. Of course Islam does not have strict rules limiting the age of marriage, and as seen with Muhammad's marriage to Aisha, marriage to very young girls were also a common practice among early Muslims.  
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[[Purpose_of_the_Mahr|Mahr]] is by definition {{ quote || the amount of money to be paid by the groom to the bride, at the time of marriage }} In fact it can be any goods of certain value that both the groom and the bride or bride's protector (her father, brothers, owner etc.) agree on. In this scenario, where a man wants to marry the child under his protection, both sides of the agreement are either the protector, or the protector and an underage child which is still at the early stages of mental development with no prior experience of marriage or mahr agreement. Therefore not paying mahr "justly" is definitely not an issue here.
[[Purpose_of_the_Mahr|Mahr]] is by definition {{ quote || the amount of money to be paid by the groom to the bride, at the time of marriage }} In fact it can be any goods of certain value that both the groom and the bride or bride's protector (her father, brothers, owner etc.) agree on. In this scenario, where a man wants to marry the child under his protection, both sides of the agreement are either the protector, or the protector and an underage child which is still at the early stages of mental development with no prior experience of marriage or mahr agreement. Therefore not paying mahr "justly" is definitely not an issue here.


==== 2. then marry such women as seem good to you, two and three and four ... ====
==== then marry such women as seem good to you, two and three and four ... ====


"Women" in numbers beginning from two, going up to four. In fact, four is not a limit here, considering the language of the Qur'an, it's just a way of saying "as many as you need". Number 4 would have strictly been put in that way, if it was a limitation. Therefore, here it means "have as many women as you need to feed your desires". This definitely shows that the ayah is in no way related to paying mahr justly, for the mahr of many women will definitely cost more than that of an underage child with low judgmental and valuation skills. It is irrational for one that does not want to pay the child's mahr accordingly, to pay more mahr as an alternative. Approaching from the other side, knowing the uncontrollable [[Qur'an,_Hadith_and_Scholars:Sexuality|sexual desires of early Muslims]], marrying 2, 3, 4 or more women (of any age) is always preferable than marrying to one, so an ayah ordering the obvious is unnecessary.
"Women" in numbers beginning from two, going up to four. In fact, four is not a limit here, considering the language of the Qur'an, it's just a way of saying "as many as you need". Number 4 would have strictly been put in that way, if it was a limitation. Therefore, here it means "have as many women as you need to feed your desires". This definitely shows that the ayah is in no way related to paying mahr justly, for the mahr of many women will definitely cost more than that of an underage child with low judgmental and valuation skills. It is irrational for one that does not want to pay the child's mahr accordingly, to pay more mahr as an alternative. Approaching from the other side, knowing the uncontrollable [[Qur'an,_Hadith_and_Scholars:Sexuality|sexual desires of early Muslims]], marrying 2, 3, 4 or more women (of any age) is always preferable than marrying to one, so an ayah ordering the obvious is unnecessary.


==== 3. but if you fear that you will not do justice (between them), then (marry) only one ... ====
==== but if you fear that you will not do justice (between them), then (marry) only one ... ====


Only in this part, the mahr is one of the possible reasons for the injustice. Marriage requires paying mahr, and paying different amount of mahr to several women may cause problems between the wives. Also it is possible that problems similar to those between Muhammad and his wives may occur. Therefore, here it means {{ quote || if you fear that you will not be able to act justly between your wives (economically and socially), then content yourself with only one}}  
Only in this part, the mahr is one of the possible reasons for the injustice. Marriage requires paying mahr, and paying different amount of mahr to several women may cause problems between the wives. Also it is possible that problems similar to those between Muhammad and his wives may occur. Therefore, here it means {{ quote || if you fear that you will not be able to act justly between your wives (economically and socially), then content yourself with only one}}  


==== 4.or what your right hands possess ... ====
==== or what your right hands possess ... ====


Many times in the Qur'an, maids and slaves are referred to as "what your right hand possess".
Many times in the Qur'an, maids and slaves are referred to as "what your right hand possess".


==== Summing up the explanations up to now: ====
==== Summary====


{{quote || If you fear you cannot act equitably towards orphans, than marry as many as women you need. If you can not (economically or psychologically) handle many women, then content yourself with only one. If you can not marry even one, than keep going on with the maid(s) you already have}}
{{quote || If you fear you cannot act equitably towards orphans, than marry as many as women you need. If you can not (economically, psychologically, socially etc.) handle many women, then content yourself with only one. If you can not marry even one, than keep going on with the maid(s) you already have}}


It is clear that the ayah is not in any way about paying an underage child the mahr justly, but about fulfilling one's sexual needs. But why would fulfilling sexual needs scare a man as long as he marries the orphan child legally?
It is clear that the ayah is not in any way about paying an underage child the mahr justly, but about fulfilling one's sexual needs. But why would fulfilling sexual needs scare a man as long as he marries the orphan child legally? Who are those orphans?


It is easy to deduce that the ayah is not referring to all of the orphans listed in the first section, but some particular types.
* They are not the orphan step daughters of the man, for {{Quran|4|23}} strictly forbids having intercourse both with women and their daughters.
* They are not free orphan children in any way, for it's not illegal to marry a child regardless of her age as it's seen on Muhammad and Aisha's, Omar and Ali's daughter Ummu Gulsum's marriages etc.
 
After eliminating the other possibilities by the help of facts above, the only possibility left is: those are the man's maids' orphan children. Let's see how it is.


In {{Quran|24|33}} it is seen that the maids were also forced into prostitution by their owners. Maids or slaves were considered property, owners had the right to use them in any way they wanted. Maids were used for prostitution, as treats to the owners' friends, for paying owners' debts etc.  
In {{Quran|24|33}} it is seen that the maids were also forced into prostitution by their owners. Maids or slaves were considered property, owners had the right to use them in any way they wanted. Maids were used for prostitution, as treats to the owners' friends, for paying owners' debts etc.  
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As stated above, the child would be considered "free" if the father was the maid's owner. But if not, then the child would also be a slave or maid and used by the master.
As stated above, the child would be considered "free" if the father was the maid's owner. But if not, then the child would also be a slave or maid and used by the master.


If a maid who was offered to other men, and also used by her owner at the same time got pregnant, then there was no way of knowing who the child's father was [http://www.usc.edu/org/cmje/religious-texts/hadith/muslim/008-smt.php#008.3389] which would make the child an orphan and require the master to decide the child's fate, whether to make the child free or making it a slave. If he makes the child a slave, then he would have all the rights to use it as a sex toy as well.
At that time, there was no way of knowing who the father of the child was, if a woman - even if she was already pregnant from a certain man - had sexual intercourse with other men.<ref>''"Abu Darda' (Allah be pleased with him) related from the Prophet of Allah (may peace be upon him) that he came upon a woman who was in the advanced stage of pregnancy at the door of a tent. He (the Holy Prophet) said: Perhaps he (the man accompanying her) intends to cohabit with her. They said: Yes. Thereupon Allah's Messenger (may peace be upon him) said: I have decided to curse him with such a curse as may go along with him to his grave. How can he own him (the child to be born) and that is not lawful for him, and how can he take him as a servant for that is not lawful for him?"'' - {{Muslim|8|3389}}</ref>
 
If a maid is offered to other men and used by her owner at the same time, or was already pregnant when she got bought/earned at war and used by her owner during her pregnancy, then that would make the child an orphan and require the master to decide the child's fate, whether to make the child free or making it a slave. If he makes the child a slave, then he would have all the rights to use it as a sex toy as well.


==== Conclusion ====
==== Conclusion ====
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{{quote ||If you fear from acting unjustly in the eye of Allah by using your own child as a sex toy (without knowing it), marry other women as many as you need (because they are definitely not your close relatives), but if you can not marry other women due to economical or other reasons, then content yourself with the maids you already have}}
{{quote ||If you fear from acting unjustly in the eye of Allah by using your own child as a sex toy (without knowing it), marry other women as many as you need (because they are definitely not your close relatives), but if you can not marry other women due to economical or other reasons, then content yourself with the maids you already have}}


{{pagetop}}
{{Core Women}}


{{Core Women}}
== See Also ==
== See Also ==


* [[Polygamy]] ''- A hub page that leads to other articles related to Polygamy''
{{Hub4|Polygamy|Polygamy}}
* [[Misinterpreted Verses]] ''- A hub page that leads to other articles related to Misinterpreted Verses''
{{Hub4|Misinterpreted Verses|Misinterpreted Verses}}


==References==
{{reflist}}




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