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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A discussion on the meanings of the verse: “And if you fear that you will not act justly with orphans, then marry what is pleasing to you from women…”

Machine translationRead the Arabic original
The Shaykh : What is the meaning of the saying of Allah the Exalted:
that you will not deal justly with the orphan girls ألا تقسطوا في اليتامى
[An-Nisa 4:3]
?
The student: That you do not act justly in your dealings with them.

The Shaykh : Who are the orphans?
The student: One whose father has died and who has not reached puberty.

The Shaykh : His saying:
that you will not deal justly with the orphan girls ألا تقسطوا في اليتامى
[An-Nisa 4:3]
How is it that you do not act justly?
The student: Establishing justice.

The Shaykh : I mean, how is the justice? No, no.
then marry فانكحوا
Is the issue in marriage? It links the response to the condition with the action of the condition. I mean, we want an example that links the action of the condition with its response?
The student: That they do not act justly with them by taking their wealth.

The Shaykh : I mean, for example, he has his cousin’s daughter and he fears that he will not act justly with her by not marrying her with the likely mahr, giving her less. So Allah (Mighty and Majestic) made it clear that the door is open.
marry those that please you of [other] women فانكحوا ما طاب لكم من النساء ...
[An-Nisa 4:3]


The Shaykh : Why did He use “what” instead of “from” in His saying:
those that please you ما طاب لكم
[An-Nisa 4:3]
? If it departs from its original usage, there must be a benefit?
The student: Because He intended the description, not the woman herself.

The Shaykh : His saying, Exalted is He:
But if you fear that you will not be just, then [marry only] one فإن خفتم ألا تعدلوا فواحدة
[An-Nisa 4:3]
What does this mean?
The student: It means if you fear that you will not act justly among them.

The Shaykh : Among whom?
The student: Among the wives.

The Shaykh : Then marry one.

The Shaykh : In the verse, there is evidence that justice among concubines is not obligatory. Where is this taken from?
The student: From His saying:
those your right hand possesses أو ما ملكت أيمانكم
[An-Nisa 4:3]


The Shaykh : So it indicates that justice among concubines is not obligatory.

The Shaykh : What is the meaning of His saying:
That is nearer to your not being unjust ألا تعولوا

The student: That they do not act unjustly.

The Shaykh : How is it that they do not act unjustly?
The student: It means do not act unjustly among the wives.

The Shaykh : I mean, if he limits himself to one? Then there is no one else with whom justice is required between them? I say that if he limits himself to one, justice is not obligatory upon him because there is no second one with her, and thus there is no injustice. Likewise, among the concubines, justice is not obligatory, so if he leans toward one of them, there is no injustice because justice is not obligatory.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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