Tafseer of The Women · An-Nisaa · 4:127
And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, "Allah gives you a ruling about them and [about] what has been recited to you in the Book concerning the orphan girls to whom you do not give what is decreed for them - and [yet] you desire to marry them - and concerning the oppressed among children and that you maintain for orphans [their rights] in justice." And whatever you do of good - indeed, Allah is ever Knowing of it.
Important: The Arabic source text is always authoritative. This translation is a study aid and has not been verified by scholars — do not use it as a basis for religious proof or for deriving rulings (ahkam). When in doubt, always consult the Arabic text and a qualified scholar.
The statement concerning the explanation of His saying: وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللاتِي لا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ ("And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and also concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry.")
Abū Jaʿfar said: The Exalted means by His saying "and they ask you for a ruling concerning women": your companions ask you, O Muḥammad, to give them a ruling concerning the affair of the women, concerning what is due to them and what is obligatory for them. He confined Himself to mentioning "the women" without mentioning "their affair," because what was clear from the wording indicated what was intended by it.
"Say: Allah gives you a ruling concerning them": Say to them, O Muḥammad: Allah gives you a ruling concerning them, that is: concerning the women. "And also concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them."
The exegetes differed concerning the explanation of His saying: "and concerning what is recited to you in the Book."
Some of them said: He means by His saying "and concerning what is recited to you": say, Allah gives you a ruling concerning them, and concerning what is recited to you. They said: and what is recited to them, these are the verses concerning the obligatory shares of inheritance (al-farāʾiḍ) which are at the beginning of this surah.
Mention of who said that:
10539 - Ibn Ḥumayd related to us, he said: Ḥakkām ibn Salm related to us, on the authority of ʿAmr ibn Abī Qays, on the authority of ʿAṭāʾ, on the authority of Saʿīd ibn Jubayr, on the authority of Ibn ʿAbbās: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book." He said: The people of the Jāhiliyya would not let a newborn inherit until he reached adulthood, and they would not let the woman inherit. When Islam came, He said: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book" at the beginning of the surah concerning the shares of inheritance — "to whom you do not give what Allah has prescribed for them."
10540 - Ibn Wakīʿ related to us, he said: my father related to us, on the authority of Hishām ibn ʿUrwa, on the authority of his father, on the authority of ʿĀʾisha: "And concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." She said: This concerns the orphan girl who is with a man; perhaps she is his partner in his wealth, and he has more right to her than another. He is reluctant to marry her, but he withholds her (from marriage) on account of her wealth, and he does not let her marry another, out of aversion that anyone should share with him in her wealth.
10541 - Ibn Wakīʿ and Ibn Ḥumayd related to us, they said: Jarīr related to us, on the authority of ʿAṭāʾ ibn al-Sāʾib, on the authority of Saʿīd ibn Jubayr, he said: In the Jāhiliyya they would not let the women and the boy inherit until he reached the age of marriage. Then Allah revealed: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book regarding the orphan women" — at the beginning of Sūrat al-Nisāʾ, concerning the shares of inheritance.
10542 - Ibn Wakīʿ related to us, he said: Jarīr related to us, on the authority of Ashʿath, on the authority of Jaʿfar, on the authority of Shuʿba, he said: In the Jāhiliyya they would not let the orphan girl inherit, and they would not marry her but withheld her (from marriage). Then Allah revealed: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them" to the end of the verse.
10543 - Al-Qāsim related to us, he said: al-Ḥusayn related to us, he said: al-Ḥajjāj informed me, on the authority of Ibn Jurayj, he said: ʿAbd Allāh ibn Kathīr informed me that he heard Saʿīd ibn Jubayr say concerning His saying: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry," the verse. He said: Only the man who had reached adulthood inherited; the small man (boy) did not inherit, nor did the woman. When the verse concerning the shares of inheritance in Sūrat al-Nisāʾ was revealed, that weighed heavily upon the people and they said: Does the small one, who does not labor in the wealth and does not work in it, and the woman who is in the same condition, inherit, so that they inherit as the man inherits who labors in the wealth?! They hoped that something new concerning this would come down from heaven, and they waited. When they saw that nothing new came, they said: If this remains so, then it is indeed an obligation from which there is no escape! Then they said: Ask about it. So they asked the Prophet ﷺ, and Allah revealed: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book" at the beginning of the surah — "regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." Saʿīd ibn Jubayr said: When the woman possessed beauty and wealth, the guardian preferred her, married her, and appropriated her; and when she did not possess beauty and wealth, he let her marry (another) but did not marry her himself.
10544 - Ibn Ḥumayd and Ibn Wakīʿ related to us, they said: Jarīr related to us, on the authority of Mughīra, on the authority of Ibrāhīm: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." He said: When the girl was an orphan and ugly, they would not give her her share of inheritance, and they withheld her from marriage until she died, so that they would inherit from her. Then Allah revealed this.
10545 - Yaʿqūb ibn Ibrāhīm related to me, he said: Hushaym related to us, he said: Mughīra informed us, on the authority of Ibrāhīm, concerning His saying: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them." He said: The man among them had an orphan girl who possessed ugliness and a quality on account of which he was reluctant toward her, while she possessed wealth. He said: He would then neither marry her nor let her marry (another), until she died and he inherited from her. He said: And Allah forbade them that.
10546 - Sufyān ibn Wakīʿ related to us, he said: ʿAbd Allāh related to us, on the authority of Isrāʾīl, on the authority of al-Suddī, on the authority of Abī Mālik: "And concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." He said: When the woman was with a guardian who was reluctant toward her, he held her fast if he did not marry her, and he allowed no one to marry her.
10547 - Muḥammad ibn ʿAmr related to me, he said: Abū ʿĀṣim related to us, he said: ʿĪsā related to us, on the authority of Ibn Abī Najīḥ, on the authority of Mujāhid, concerning His saying: "Regarding the orphan women to whom you do not give what is prescribed for them." He said: The people of the Jāhiliyya would not let the women and the children inherit anything; they used to say: They do not fight and they gain no spoils! Then Allah prescribed for them the share of inheritance as an obligatory right, so that the man would vie — or: be covetous — for the wealth of his orphan girl, if she was not beautiful.
10548 - Al-Muthannā related to me, he said: Abū Ḥudhayfa related to us, he said: Shibl related to us, on the authority of Ibn Abī Najīḥ, on the authority of Mujāhid, in a similar manner.
10549 - Muḥammad ibn Saʿd related to me, he said: my father related to me, he said: my uncle related to me, he said: my father related to me, on the authority of his father, on the authority of Ibn ʿAbbās: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book" — that is: the shares of inheritance which He prescribed in the affair of the women — "to whom you do not give what is prescribed for them and whom you are reluctant to marry." He said: The orphan girl was under the guardianship of a man, and he was reluctant to marry her or to have intercourse with her, but he did not give her her wealth, hoping that she would die so that he would inherit from her. And if a close relative of hers died, she received nothing of the inheritance. That was in the Jāhiliyya, and Allah made that clear to them.
10550 - Bishr ibn Muʿādh related to us, he said: Yazīd related to us, he said: Saʿīd related to us, on the authority of Qatāda, concerning His saying: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them" until He reached: "and whom you are reluctant to marry." The man had under his guardianship an orphan girl who possessed ugliness and wealth, and he was reluctant to marry her, but he withheld her (from marriage) on account of her wealth. Then Allah revealed concerning that what you hear.
10551 - Al-Ḥasan ibn Yaḥyā related to us, he said: ʿAbd al-Razzāq informed us, he said: Maʿmar informed us, on the authority of Qatāda, concerning His saying: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them." He said: The orphan girl was under the guardianship of a man and possessed ugliness, and he was reluctant to marry her, but he did not let her marry (another), out of covetousness for her wealth.
10552 - Muḥammad ibn al-Ḥusayn related to us, he said: Aḥmad ibn al-Mufaḍḍal related to us, he said: Asbāṭ related to us, on the authority of al-Suddī, concerning His saying: "And concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry" until His saying: بِالْقِسْطِ ("with justice"). He said: Jābir ibn ʿAbd Allāh al-Anṣārī, then al-Sulamī, had a blind cousin (the daughter of his paternal uncle) who was ugly, and she had inherited wealth from her father. Jābir was reluctant to marry her, but he did not let her marry (another), out of fear that the husband would make off with her wealth. He asked the Prophet ﷺ about that — and there were people who had girls under their guardianship in the same manner. Jābir began asking the Prophet ﷺ: Does the girl inherit, even though she is ugly and blind? And the Prophet ﷺ said each time: Yes!! Then Allah revealed concerning this.
And others said: The meaning of that is: and they ask you for a ruling concerning the women; say, Allah gives you a ruling concerning them and concerning what is recited to you in the Book, at the end of Sūrat al-Nisāʾ, and that is His saying: يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلالَةِ ("They ask you for a ruling. Say: Allah gives you a ruling concerning the kalāla [an heir without parents and without children]") to the end of the surah [Sūrat al-Nisāʾ: 176].
Mention of who said that:
10553 - Al-Ḥārith related to me, he said: ʿAbd al-ʿAzīz related to us, he said: Sallām ibn Sulaym related to us, on the authority of ʿAṭāʾ ibn al-Sāʾib, on the authority of Saʿīd ibn Jubayr, he said: The people of the Jāhiliyya would not let the children inherit until they reached the age of marriage, and then Allah revealed: "And they ask you for a ruling concerning women" until His saying فَإِنَّ اللَّهَ كَانَ بِهِ عَلِيمًا ("then Allah is indeed All-Knowing of it"). He said: And this verse was revealed: إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ ("If a man dies who has no child") [Sūrat al-Nisāʾ: 176], the whole verse.
And others said: Rather, the meaning of that is: and they ask you for a ruling concerning the women; say, Allah gives you a ruling concerning them and concerning what is recited to you in the Book — that is: at the beginning of this surah, and that is His saying: وَإِنْ خِفْتُمْ أَلا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ ("And if you fear that you will not be just toward the orphans, then marry such women as seem good to you") [Sūrat al-Nisāʾ: 3].
Mention of who said that:
10554 - Yūnus ibn ʿAbd al-Aʿlā related to me, he said: Ibn Wahb informed us, he said: Yūnus ibn Yazīd informed me, on the authority of Ibn Shihāb, he said: ʿUrwa ibn al-Zubayr informed me that he asked ʿĀʾisha, the wife of the Prophet ﷺ, about the saying of Allah: وَإِنْ خِفْتُمْ أَلا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ ("And if you fear that you will not be just toward the orphans, then marry such women as seem good to you"). She said: O son of my sister, this is the orphan girl who is under the guardianship of her guardian, and she shares with him in his wealth; her wealth and her beauty please him, and her guardian wishes to marry her without being just toward her with regard to her bridal gift (ṣadāq), that is: without giving her what another would give her. Therefore they were forbidden to marry them, unless they would be just toward them and give them the highest of the bridal gift that is due to them. And they were commanded to marry women other than them, who seem good to them. ʿUrwa said: ʿĀʾisha said: Then, after this verse, the people asked the Messenger of Allah ﷺ for a ruling concerning them, and then Allah revealed: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." She said: And what Allah mentioned is recited in the Book is the first verse in which He said: وَإِنْ خِفْتُمْ أَلا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ ("And if you fear that you will not be just toward the orphans, then marry such women as seem good to you").
10555 - Al-Muthannā related to me, he said: Abū Ṣāliḥ related to us, he said: al-Layth related to me, he said: Yūnus related to me, on the authority of Ibn Shihāb, on the authority of ʿUrwa, on the authority of ʿĀʾisha, in a similar manner.
Abū Jaʿfar said: According to these three statements which we have mentioned, "what" (mā) in His saying "and concerning what is recited to you" is in the genitive (khafḍ), in the sense of being conjoined (ʿaṭf) to the "hāʾ and nūn" (the pronoun "them") in His saying "gives you a ruling concerning them." It is as though they understood the explanation of the verse thus: Say, Allah gives you a ruling, O people, concerning the women, and concerning what is recited to you in the Book.
And others said: This verse was sent down upon the Messenger of Allah ﷺ concerning a group of his companions, who asked him about certain matters in the affair of the women, and who left off inquiring about certain other matters which they used to do. Then Allah gave them a ruling concerning what they asked about, and concerning what they had left off inquiring about.
Mention of who said that:
10556 - Muḥammad ibn al-Muthannā and Sufyān ibn Wakīʿ related to us — Sufyān said: ʿAbd al-Aʿlā related to us; and Ibn al-Muthannā said: ʿAbd al-Aʿlā related to me — he said: Dāwūd related to us, on the authority of Muḥammad ibn Abī Mūsā, concerning this verse: "And they ask you for a ruling concerning women." He said: They asked the Prophet of Allah ﷺ for a ruling concerning the women, and they were silent about something they used to do. Then Allah revealed: "And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book" — and He gives you a ruling concerning what you did not ask about. He said: They would not marry the orphan girl when she possessed ugliness, and they would not hand over to her her wealth so that she could spend from it. Then was revealed: "Say: Allah gives you a ruling concerning the women, and concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." He said: وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ ("and the kept-weak among the children"). He said: They let the elder ones inherit but did not let the younger ones inherit. Then He gave them a ruling concerning what they had been silent about, and said: وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ ("And if a woman fears from her husband ill-treatment or aversion, then there is no sin upon the two of them if they reconcile between themselves in a reconciliation, and reconciliation is best") — the wording of the report is that of Ibn al-Muthannā.
Abū Jaʿfar said: According to this statement, "what is recited to us in the Book," concerning which Allah the Exalted said "Say: Allah gives you a ruling concerning them, and concerning what is recited to you," is: وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا ("And if a woman fears from her husband ill-treatment or aversion"), the verse. And that about which the people asked and concerning which their answer was given regarding the orphan women: they to whom they used not to give what Allah had prescribed for them of the share of inheritance from those whose heirs they were.
Abū Jaʿfar said: And the most correct of these statements which we have mentioned from those from whom we have mentioned them, and the most in accordance with the apparent meaning of the revelation, is the statement of him who said: the meaning of His saying "and concerning what is recited to you in the Book" is: and what is recited to you of the verses concerning the shares of inheritance at the beginning of this surah and at the end of it.
And we have called this the most correct, because the bridal gift (ṣadāq) is not among what is prescribed for the women, except through marriage. As long as she is not married, she has no bridal gift with anyone. And if that does not exist for her with anyone, it is not among what is prescribed for her. And if it is not among what is prescribed for her, then there is no ground for the statement of him who claims: He meant by His saying "and concerning what is recited to you in the Book" the being just (al-iqsāṭ) in the bridal gifts of the orphan women. For Allah said in the course of the verse, clarifying what concerns the ruling (fatwā) which He promised that He would give us: "regarding the orphan women to whom you do not give what is prescribed for them," and thus He informed that part of that concerning which He gives us a ruling in the affair of the women is the matter of the orphan girl who is prevented from receiving what Allah has prescribed for her. And the bridal gift, before the conclusion of the marriage contract, is not something that Allah has prescribed for her with anyone. From that, then, it is known that the one who was intended by this verse is she who is prevented from receiving what is prescribed for her of that which is recited to us in the Book of Allah. And if that is so, then it is known that this is the share of inheritance which Allah makes obligatory for them in His Book.
As for what was mentioned from Muḥammad ibn Abī Mūsā: that, in addition to its diverging from the statement of the exegetes, is far removed from that to which the apparent meaning of the revelation points. That is because he claimed that what Allah meant by His saying "and concerning what is recited to you in the Book" was: وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا ("And if a woman fears from her husband ill-treatment or aversion"). And if the wording is directed toward the meaning which he explained, then the wording would constitute a new beginning from His saying "regarding the orphan women to whom you do not give what is prescribed for them," as an exposition (tarjama) of His saying "concerning them," and the meaning of the wording would become: Say, Allah gives you a ruling concerning them, regarding the orphan women to whom you do not give. But there is no indication in the verse for what he said, nor any report from anyone by whose statement its correctness becomes known. And since that is so, joining the meanings of the wording to one another was the most fitting, as long as a way to that can be found. Since the matter is as we have described, it is that His saying "regarding the orphan women" is a connection (ṣila) to His saying "and concerning what is recited to you," more fitting than that it should be an exposition of His saying "Say: Allah gives you a ruling concerning them," because of its closeness to His saying "and concerning what is recited to you in the Book" and its separation from His saying "gives you a ruling concerning them."
And since that is so, the explanation of the verse is: and they ask you for a ruling concerning the women; say, Allah gives you a ruling concerning them and concerning what is recited to you in the Book of Allah, which He sent down upon His Prophet, in the affair of the orphan women to whom you do not give what is prescribed for them — that is: what Allah has appointed for them of the share of inheritance from those whose heirs they were, as:
10557 - Yūnus related to me, he said: Ibn Wahb informed us, he said: Ibn Zayd said: "to whom you do not give what is prescribed for them," he said: you do not let them inherit.
10558 - Al-Muthannā related to me, he said: ʿAmr ibn ʿAwn related to us, he said: Hushaym informed us, on the authority of Mughīra, on the authority of Ibrāhīm, concerning His saying: "to whom you do not give what is prescribed for them," he said: of the share of inheritance. He said: They would not let the women inherit — "and whom you are reluctant to marry."
And the exegetes differed concerning the meaning of His saying: "and whom you are reluctant to marry."
Some of them said: The meaning of that is: and you are reluctant to marry them. The mention has already passed of a number of those who said that, and we shall mention the statement of others whom we have not mentioned.
10559 - Ḥumayd ibn Masʿada al-Sāmī related to us, he said: Bishr ibn al-Mufaḍḍal related to us, he said: ʿAbd Allāh ibn ʿAwn related to us, on the authority of al-Ḥasan: "and whom you are reluctant to marry," he said: you are reluctant toward them.
10560 - Yaʿqūb and Ibn Wakīʿ related to us, they said: Ibn ʿUlayya related to us, on the authority of Ibn ʿAwn, on the authority of al-Ḥasan, in a similar manner.
10561 - Yūnus related to me, he said: Ibn Wahb informed us, he said: Yūnus ibn Yazīd informed me, on the authority of Ibn Shihāb, on the authority of ʿUrwa, he said: ʿĀʾisha said concerning the saying of Allah "and whom you are reluctant to marry": the reluctance of one of you toward his orphan girl who is under his guardianship, when she possesses little wealth and beauty. They were thus forbidden to marry the orphan women in whose wealth and beauty they had desire, except with justice, on account of their reluctance toward them.
10562 - Al-Muthannā related to me, he said: ʿAbd Allāh — that is, Ibn Ṣāliḥ — related to us, he said: al-Layth related to me, he said: Yūnus related to me, on the authority of Ibn Shihāb, he said: ʿUrwa said, ʿĀʾisha said, and he mentioned it in a similar manner.
And others said: The meaning of that is: and you have desire to marry them. The mention has already passed of a number of those who said that earlier, and we shall mention the statement of those of them whom we have not mentioned.
10563 - Ḥumayd ibn Masʿada related to us, he said: Bishr ibn al-Mufaḍḍal related to us, he said: Ibn ʿAwn related to us, on the authority of Muḥammad, on the authority of ʿAbīda: "and whom you are reluctant to marry," he said: and you have desire toward them.
10564 - Yaʿqūb ibn Ibrāhīm and Ibn Wakīʿ related to me, they said: Ibn ʿUlayya related to us, on the authority of Ibn ʿAwn, on the authority of Muḥammad, he said: I said to ʿAbīda: "and whom you are reluctant to marry," he said: you have desire toward them.
10565 - Al-Muthannā related to me, he said: Abū Ṣāliḥ related to us, he said: Muʿāwiya related to me, on the authority of ʿAlī, on the authority of Ibn ʿAbbās, concerning His saying: "regarding the orphan women to whom you do not give what is prescribed for them and whom you are reluctant to marry." In the Jāhiliyya the man had the orphan girl with him, and he threw his garment over her, and when he did that with her, no one could ever marry her thereafter. If she was beautiful and he desired her, he married her and consumed her wealth. And if she was ugly, the man withheld her forever until she died, and when she died he inherited from her. Then Allah forbade that and prohibited it to them.
Abū Jaʿfar said: And the most correct of the two statements as to the explanation of the verse is the statement of him who said: the meaning of that is "and you are reluctant to marry them." For their holding fast to the wealth of the women and their withholding of them (from marriage) occurred only so that they might inherit their wealth, to the exclusion of a husband if they should marry. And if those who held fast to their wealth from them did so out of desire to marry them, then there would be no known reason for holding fast to them, for they were their guardians, and nothing prevented them from marrying them, so that there would be a need for holding fast to her wealth from her, in order to make that holding fast a means to marry her to himself.
The statement concerning the explanation of His saying: وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَنْ تَقُومُوا لِلْيَتَامَى بِالْقِسْطِ ("and the kept-weak among the children, and that you deal with the orphans with justice")
Abū Jaʿfar said: The Exalted means by that: and they ask you for a ruling concerning women; say, Allah gives you a ruling concerning them — and concerning what is recited to you in the Book — and concerning the kept-weak among the children — and concerning that you deal with the orphans with justice.
And we have already previously mentioned the report concerning that from those among the Companions (ṣaḥāba) and the Followers (tābiʿūn) who said it. And those to whom He gave a ruling in the affair of the kept-weak among the children, (it was) that they should give them their rights of the share of inheritance, for they used not to let the small ones among the children of the deceased inherit. And He commanded them to be just toward them, that they should act equitably and give them their prescribed shares of inheritance according to what Allah has apportioned for them in His Book, as:
10566 - Muḥammad ibn al-Ḥusayn related to us, he said: Aḥmad ibn al-Mufaḍḍal related to us, he said: Asbāṭ related to us, on the authority of al-Suddī, concerning His saying: "and the kept-weak among the children," they would not let a girl or a small boy inherit, and Allah commanded them to deal with the orphans with justice. And "justice" (al-qisṭ) is: that to each rightful one among them his right is given, whether it be a male or a female child, the small one among them standing in the same position as the great one.
10567 - Yūnus related to me, he said: Ibn Wahb informed us, he said: Ibn Zayd said concerning His saying: وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللاتِي لا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ ("And they ask you for a ruling concerning women. Say: Allah gives you a ruling concerning them, and concerning what is recited to you in the Book regarding the orphan women to whom you do not give what is prescribed for them"), he said: you do not let them inherit wealth — "and that you deal with the orphans with justice," he said: thus the women, the small and the great, entered into the inheritances, and the inheritance rulings abolished that earlier (custom).
10568 - Muḥammad ibn ʿAmr related to me, he said: Abū ʿĀṣim related to us, on the authority of ʿĪsā, on the authority of Ibn Abī Najīḥ, on the authority of Mujāhid: "and that you deal with the orphans with justice," they were commanded to deal with the orphans with justice (bi-l-qisṭ), with equity.
10569 - Al-Muthannā related to me, he said: Abū Ḥudhayfa related to us, he said: Shibl related to us, on the authority of Ibn Abī Najīḥ, on the authority of Mujāhid, in a similar manner.
10570 - Ibn Wakīʿ related to us, he said: ʿAbd Allāh related to us, on the authority of Isrāʾīl, on the authority of al-Suddī, on the authority of Abī Mālik: "and the kept-weak among the children, and that you deal with the orphans with justice," he said: they would let only the eldest inherit, and then the next eldest.
10571 - Al-Muthannā related to me, he said: Abū Ṣāliḥ related to us, he said: Muʿāwiya related to me, on the authority of ʿAlī, on the authority of Ibn ʿAbbās, concerning His saying: "and the kept-weak among the children," in the Jāhiliyya they would not let the small ones inherit, nor the daughters. That is His saying: لا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ ("you do not give them what is prescribed for them"). Then Allah forbade that, and He made clear for each one entitled to a share his share, and said: لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِ ("for the male child there is a share equal to that of two female children") [Sūrat al-Nisāʾ: 11, 176], whether it be small or great.
10572 - Muḥammad ibn Saʿd related to me, he said: my father related to me, he said: my uncle related to me, he said: my father related to me, on the authority of his father, on the authority of Ibn ʿAbbās, he said: "and the kept-weak among the children, and that you deal with the orphans with justice," and that is because they would not let the small one and the weak one inherit anything, and Allah commanded that their share of the inheritance be given to them.
10573 - Al-Qāsim related to us, he said: al-Ḥusayn related to us, he said: Hushaym related to us, he said: Mughīra informed us, on the authority of Ibrāhīm: that ʿUmar ibn al-Khaṭṭāb, when the guardian of the orphan girl came to him, if she was beautiful and rich, would say to him: Let her marry someone other than you, and seek for her one who is better than you. And when she possessed ugliness and had no wealth, he said: Marry her, for you have the most right to her!
10574 - Al-Qāsim related to us, he said: al-Ḥusayn related to us, he said: Hushaym related to us, he said: Yūnus ibn ʿUbayd informed us, on the authority of al-Ḥusayn ibn al-Faraj, he said: A man came to ʿAlī ibn Abī Ṭālib and said: O Commander of the Faithful, what is my case and what is the case of my orphan girl? He said: In what condition are the two of you? He said: Then ʿAlī said: Would you marry her if she were rich and beautiful? He said: Yes, by the Deity! He said: Then marry her also now that she is ugly and has no wealth! Then ʿAlī said: Choose the best for her; and if someone other than you is better for her, then connect her with the best.
Abū Jaʿfar said: Thus their dealing with the orphans with justice was the equity in that which Allah commanded concerning them.
The statement concerning the explanation of His saying: وَمَا تَفْعَلُوا مِنْ خَيْرٍ فَإِنَّ اللَّهَ كَانَ بِهِ عَلِيمًا (127) ("And whatever good you do, indeed, Allah is All-Knowing of it.")
Abū Jaʿfar said: The Exalted means by that: and whatever good you do, O believers, of justice in the wealth of the orphans, whom Allah has commanded you to deal with justly, and of adhering to the command of Allah in that and in other matters, and of obedience to Him — "indeed, Allah is All-Knowing of it," He has always been knowing of what proceeds from you, and He keeps account of all that for you and preserves it, until He will recompense you for it on the Day of Resurrection.
