The benefits of the verse: ((And if you fear that you will not deal justly with the orphans, then marry what is pleasing to you from women...)).
Machine translationRead the Arabic original
Among the benefits of the noble verse: [An-Nisa 4:3]. Among its benefits: it is obligatory for a person to exercise caution if he fears falling into what is forbidden, based on His saying: [An-Nisa 4:3], meaning do not expose yourselves to injustice. Among its benefits: a person should marry one with whom he is pleased, because that is more likely to lead to domestic tranquility between them; for this reason, it is prescribed for a person to look at his prospective bride until he is pleased with her. Branching from this benefit is the clarification of the error in the practice of some Bedouins who force a man to marry his cousin’s daughter even though he does not want her, because Allah says: [An-Nisa 4:3]. If a man is not pleased with this woman, how can he marry her? What some Bedouins do is undoubtedly an error that contradicts the Shari'ah, for if he does not marry his cousin’s daughter, someone else will marry her. Among its benefits: when Allah the Exalted closes the door to what is forbidden, He opens the door to what is lawful, or doors to what is lawful, because His saying: [An-Nisa 4:3] means do not marry them, but marry what is pleasing to you from women. This is of the method of the Qur'an and the method of the Sunnah: when He closes the door, He opens the door of the lawful so that He does not... the hopes of people for action and movement. I think there are parallels to this that we have come to in the explanation, including His saying: [Al-Baqarah 2:104]. And among them is the guidance of the Prophet (peace and blessings be upon him) to sell bad dates for dirhams and then buy good dates with the dirhams. Among its benefits: the permissibility of plural marriage. Reflect with us: is the permissibility of plural marriage taken from this verse, or is it the lawfulness of plural marriage? Because there is a difference between saying it is prescribed and saying it is lawful. It appears that the lawfulness of plural marriage is understood from it, because the mention of the number here is in contrast to the prohibition of marrying the orphans about whom a person fears he will not deal justly. So it is as if He said: if you leave marrying one of the orphans, then before you is the option to marry two, three, or four. And this is the closest view. However, the permissibility of plural marriage is taken from other evidence, including that the Prophet (peace and blessings be upon him) wanted his Ummah to increase in offspring, and this is achieved more through plural marriage than through marrying only one. Some people presented to me a new note saying that the Shi'ah in al-Qatif have started doing a good deed, which is the collective celebration of marriages, to the extent that they gathered more than forty brides in one night in one wedding feast. Fifty-six? Fifty-six weddings in one night. Do you understand the meaning now? Meaning, instead of going to the palace... for the wedding of only one man, we make it so that in this night, in the same palace, there are twenty men, or fifty-six men, or a hundred men. And this undoubtedly saves expenses and saves the trouble, the trouble for people. And this is a good Sunnah if people start it; if people do it, then it is good. It did not become easy because people invite nations, but if they know that there are forty men marrying in this palace, we take forty rooms for them, and if there are not, we set up tents. We do not increase the number of invitees; instead of one of them inviting two hundred men, he invites twenty men. And if they intend by this the face of Allah, they will be rewarded for it, because this is of the category of easing and burden, and the greatest marriage in blessing. Burden. In any case, this is a second matter, another matter to which it points, but our speech is Sahih Muslim 1017a. Among its benefits: it is not permissible to exceed four, based on His saying: , even though the context is one of opening the door for people, increasing, and grace. And in such a context, the maximum of the grace is mentioned, with nothing behind it. Among its benefits: the prohibition of the means to what is forbidden, based on His saying: [An-Nisa 4:3]. So it obligated restricting oneself to one if a person fears not being just. And this rule is a great rule in the principles of jurisprudence: the means have the rulings of the ends. So what is not completed without it is obligatory, and what is not completed without it is recommended, and what leads to what is forbidden is forbidden. Among its benefits: it is not obligatory to be just between slave women in intercourse or in anything else, based on His saying: [An-Nisa 4:3]. Among its benefits: the obligation of justice between wives, based on His saying: [An-Nisa 4:3]. And injustice between wives is from the major sins, based on the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2133Sahih (Al-Albani). Among its benefits: the establishment of the right of possession (milk al-yamin), based on His saying: [An-Nisa 4:3]. And it is not possible to lift this legal ruling out of fear of people's blame or their schadenfreude; rather, it is obligatory that it remain, meaning the right of possession remains if its cause is found, if the cause of the right of possession is found. And what is the cause of the right of possession? Disbelief. When Muslims fight disbelievers and take their women and offspring as captives. Among its benefits: the establishment of ownership for a person and the establishment of slavery, the establishment of ownership and that a person owns. And this does not contradict our saying that ownership belongs to Allah, because that is because ownership is two types: a comprehensive, complete ownership in which the owner is not asked about any disposition, and this is for whom? For Allah. And ownership less than that in comprehensiveness and disposition, and this is established. Then it is of types: sometimes a person owns the person (raqabah), sometimes he owns the benefit, sometimes he owns the benefit and the person. Do you understand? Sometimes he owns the benefit, like? The tenant. And sometimes he owns the person only? Like a slave bequeathed to a person and his benefit to another person. So here, the owner of the person is Zayd and the owner of the person (raqabah) is 'Abd. Do you understand? But it seems to some of you I say: what is the benefit of bequeathing a slave and his benefit to another slave? We say there is no benefit; if the owner of the person frees him, he becomes free, and the owner of the benefit has his benefit. The important thing in any case is ownership of the object, ownership of the benefit, and ownership of both, like the usual owner who owns for a period of disposition. Among its benefits: the right hand is better than the left, because He attributed ownership to it. And undoubtedly the right hand is better than the left. For this reason, the right hand is for honor and the left hand for humiliation. The good thing is taken with the right hand and the bad thing is removed with the left hand. Among its benefits: the differentiation of deeds, meaning some are higher than others in evil and lower than others in good, based on His saying: , because "lower" is a name of preference, so there must be one who is preferred and one who is less preferred.
