Transliteration:( Wa yastaftoonaka finnisaaa'i qulil laahu yufteekum feehinna wa maa yutlaa 'alaikum fil Kitaabi fee yataaman nisaaa'il laatee laa tu'toonahunna maa kutiba lahunnna wa targhaboona an tankihoohunna wal mustad'a feena minal wildaani wa an taqoomoo lilyataamaa bilqist; wa maa taf'aloo min khairin fa innal laaha kaana bihee 'Aleemaa )
378. Reason for its Revelation: The pre-Islamic Arab custom excluded the widows and orphaned daughters from the inheritance of the deceased. If the orphan was beautiful the heirs would marry her for a meagre dowry, if she was ugly but rich, neither the heir would marry her nor allow her to marry anyone else. This verse was revealed to repudiate this pagan custom. From this verse we understand that a minor girl can be regarded as a woman. Further, to deprive girls from the inheritance is the custom of the pagan Arabs which is a great injustice. This will not be forgiven even through seeking repentance, as it is an infrigement of human rights.
379.From this we learn that the laws of inheritance are very important because no issue is discussed in more detail by Allah Almighty in the Holy QUR'AAN then this issue. Thus, Allah Almighty says He gives the verdict - i.e. the verdict regarding other issues is given by man but the verdict on this issue is given by Allah Almighty himself.
380.In these verses Allah Almighty is addressing the Muslims that up to now you were indulging in this practice, in future refrain from this. In future inheritance of the infidels would be distributed according to their religious laws. The verdict of Islamic rulers too would be based on this.
381. This meant they would not marry the orphan girls because of their lack of physical the beauty and material wealth.
382. Many issues are involved in this.To give the orphans their full rights; not to use up their wealth under some pretext; not to treat them with cruelty; to give them good education and training. In short, treat them exactly how you would treat your own children.
383.By 'good' is meant whatever good you do towards the orphans besides what is obligatory to be done for them for which Allah Almighty will reward you. From this we learn that we should treat the orphans better then what is due to them.
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127. They ask your legal instruction concerning women. Say: “Allah instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not what they deserve and yet whom you desire to marry, and the children who are weak and oppressed, and that you stand firm for justice to orphans. And whatever good you do, Allah is Ever All-Aware of it.
Al-Bukhari recorded that `A’ishah said about the Ayah,
(They ask your instruction concerning women. Say, “Allah instructs you about them…) until,
(whom you desire to marry…) “It is about the man who is taking care of a female orphan, being her caretaker and inheritor. Her money is joined with his money to such an extent, that she shares with him even the branch of a date that he has. So he likes (for material gain) to marry her himself, and hates to marry her to another man who would have a share in his money, on account of her share in his money. Therefore, he refuses to let her marry anyone else. So, this Ayah was revealed.” Muslim also recorded it. Ibn Abi Hatim recorded that `A’ishah said, “The people asked Allah’s Messenger (about orphan girls), so Allah revealed,
(They ask your instruction concerning women. Say, “Allah instructs you about them and about what is recited unto you in the Book…”) What is meant by Allah’s saying, `And about what is recited unto you in the Book’ is the former verse which said,
(If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.)” `A’ishah said, “Allah’s statement,
(whom you desire to marry…) also refers to the desire of the guardian not to marry an orphan girl under his supervision when she lacks property or beauty. The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).” The basis of this is recorded in Two Sahihs. Consequently, when a man is the caretaker of a female orphan, he might like to marry her himself. In this case, Allah commands him to give her a suitable dowry that other women of her status get. If he does not want to do that, then let him marry other women, for Allah has made this matter easy for Muslims. Sometimes, the caretaker does not desire to marry the orphan under his care, because she is not attractive to his eye. In this case, Allah forbids the caretaker from preventing the female orphan from marrying another man for fear that her husband would share in the money that is mutually shared between the caretaker and the girl. `Ali bin Abi Talhah said that Ibn `Abbas said, “During the time of Jahiliyyah, the caretaker of a female orphan would cover her with his rope, and when he did that, no man would marry her. If she was beautiful and he desired to marry her, he married her and took control of her wealth. If she was not beautiful, he did not allow her to marry until she died, and when she died he inherited her money. Allah prohibited and outlawed this practice. ” He also said about Allah’s statement,
(and the children who are weak and oppressed,) that during the time of Jahiliyyah, they used to deny young children and females a share of inheritance. So Allah’s statement,
(you give not what they deserve) thus prohibiting this practice and designating a fixed share for each,
(To the male, a portion equal to that of two females..) whether they were young or old, as Sa`id bin Jubayr and others stated. Sa`id bin Jubayr said about Allah’s statement,
(and that you stand firm for justice to orphans.) “Just as when she is beautiful and wealthy you would want to marry her and have her for yourself, so when she is not wealthy or beautiful, marry her and have her for yourself.” Allah’s statement,
r(And whatever good you do, Allah is Ever All-Aware of it.) encourages performing the good deeds and fulfilling the commandments, and states that Allah is knowledgeable of all of this and He will reward for it in the best and most perfect manner.
(4:127) They ask you to pronounce laws concerning women,[152] say: Allah pronounces to you concerning them,[153] and reminds you of the injunctions which were recited to you in the Book about female orphans whom you do not give what has been ordained for them[154] and whom you wish to marry (out of greed)’,[155] and the commandments relating to the children who are weak and helpless.[156] Allah directs you to treat the orphans with justice. Allah is well aware of whatever good you do.
152. The actual query about women is not spelled out directly. The judgement pronounced a little later on in response to that query, however, makes it abundantly clear what the query was.
153. This is not a response to the query itself. Before attending to this, God once again emphasizes that people should implement His directives regarding orphans in general, and orphan girls in particular, as mentioned at the beginning of this surah see (Surah An-Nisa, ayat 2). above). This shows the importance of the rights of orphans in the sight of God. The protection of their rights, as we have pointed out, had already been stressed forcefully – see beginning of the surah, (Surah An-Nisa, ayat 1-14). But that was not deemed sufficient. Hence, when problems of family life came up for discussion, the question of the well-being of orphans automatically arose even before answering the questions people raised.
154. This alludes to (Surah An-Nisa, ayat 3): ‘And if you fear that you might not treat the orphans justly, then marry the women that seem good to you. ‘
155. The words of the text may be interpreted as: ‘Whom you wish to marry (out of greed)’ and also as ‘Whom you do not wish to marry.’ In explanation of this verse ‘A’ishah states that, in those days, guardians of orphan girls who had any significant inheritance from their parents used to perpetrate many wrongs on their wards. If the girl was both rich and good looking, the guardian desired to marry her and exploit both her attractiveness and wealth without either having to make the bridal-due (mahr) or even having to undertake her maintenance. If the girl was ugly, the guardian would neither marry her nor allow her to get married, for she might thus get a husband who would support her claim to her legitimate rights. See the commentary of Ibn Kathir on this verse. The tradition is quoted by Ibn Kathir from Bukhari. See also (Surah An-Nisa, ayat 3) note 4.
156. The reference here is to the injunctions regarding the protection of the rights of orphans at the beginning of the surah see (Surah An-Nisa, ayat 1-14).
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