Will you explain verse three of the chapter of an-Nisa about marrying more than one woman?

- How is marrying more than one woman encouraged by the rights of orphans?
- In this verse, the following is stated: "If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four."
- Are those four women to be chosen among orphans? Who are they?
- Are they still orphans after they get married?

Dear Brother / Sister,

"If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or that which your right hands possess. That will be more suitable, to prevent you from doing injustice." (an-Nisa, 4/3)

The Interpretation of the Verse:

Oh guards! Do not attempt to change the clean nice goods of the orphan that you keep with your bad goods. 

The goods of orphans are haram and dirty for you. Your goods are halal and nice. Therefore, do not attempt to change the goods of the orphan that are haram for you with your halal goods. Keep the goods of the orphans as they are. If it is necessary to sell some of them in order to protect them, sell them at their market price so that you will not be accused. At this point, there are decrees about the movable and immovable goods, and durable and non-durable goods among the movable goods. 

Do not ignore the goods of orphans by looking after your goods well; look after their goods as well as your goods and even better than your goods.

Do not grab the goods of orphans, which will cause your destruction by eliminating your nice goods because of that.

Do not act gluttonously and impatiently by devouring the goods of orphans, which are haram for you, by not waiting for your goods.  

Tafsir scholars explained these meanings one by one. To sum up, protect the goods of orphans through all means. And do not devour them by adding them to your own goods; that is, do not waste them and do not benefit from them. For, each of them is a big sin.   

YATAMA: It is plural of the word yatim (orphan) like "nadim and nadama". Or, it is the plural of the plural. "Yatim" is derived from "yatam" which means alone. As a matter of fact, a unique pearl is called "durr al-yatim" (the pearl that is the only one in the mother-of-pearl). With this thought of the meaning of being alone, a child whose father died is called yatim; to become a yatim is expressed with the word “yutm”. Therefore, lexicologically, this word can be used for both young and old children. For, the meaning of being alone without a father is permanent. However, traditionally, it is used for the children who have not reached the age of standing on their own feet. In this aspect, the word “yatim” is related to the meaning of weakness, especially weakness of the mind and lack of thought. Therefore, the word yatim can be permanent lexicologically and traditionally on the people who reach the age of puberty but do not become sane; the women who are left as widows are also called yatim. As a matter of fact, the Messenger of Allah states the following in this sense:

"Permission is asked from a yatim (widow) woman." (Abu Dawud, Nikah 23, 25)

It is definite that this permission cannot belong to a small child. Another hadith regarding the issue is as follows: 

"Fear Allah about these two weak people: Yatim and woman." (Munawi, Faydul-Qadir, I/128)

It shows the weakness aspect of yatim. However, an adult man who is not sane and whose thoughts have not formed fully is not called a yatim; a male person is called a yatim only when he is a child or near childhood but a woman is called yatim at an old age when she leaves her father and her husband.

"There is no yatim state after puberty." (Abu Dawud, Wasaya 9)

It is understood from the hadith above that not the lexicological or traditional meaning but the religious decree matters, which indicates that a person is not yatim after puberty.

In that case, when the words YATAMA and AYTAMUN are used, boys or girls (children) whose fathers died as well as women who are without husbands can be understood. They need mercy and it is necessary to fear Allah about them.

In general, apart from the goods of yatims, the lives and honors of yatims and also the lives and honors of women, who are regarded as yatims in one sense, need to be protected the most. 

Therefore, (...) if you fear that ye shall not be able to deal justly with the orphans, that is, if you fear that you will not be able to pay attention to justice and honesty in terms of their lives, honor and goods, -you will and must definitely fear such a big sin- (...) marry women of your choice, two, or three, or four.

It will be a means of protecting them from harms and dangers, and yourselves from oppression and transgression. In general, women will be saved from desolation and being left unprotected. You will be freed from falling into fornication, other sins and injustice.  

However, it is necessary to ensure justice among women and not to treat one of them differently from the other. Therefore, (...) if ye fear that ye shall not be able to deal justly (with them) –which you should fear- (...) marry only one woman; -since it is pronounced as “u” in Ja’far qira’ah - then only one woman is enough. Or, you can have your female slaves. This, that is, marrying one woman, is more appropriate so that you will not do injustice and wrong. It is definitely easier to observe the rights of only one woman. It is more probable not to fall into trouble in it. It is understood from this sentence that it is more appropriate in terms of not falling into poverty and helplessness, that is, your economy; it was thought as (TA’ULU, TA’ILI) and this meaning was shown as a necessity of the issue.  

Firstly, it is seen that there is a condition here: "If ye fear that ye shall not be able to deal justly with the orphans." The order to marry was based on it with the addressing (FANKIHU). Therefore, it is necessary to know the forms of tafsir that came through narration in order to understand the meaning of this condition and the occurrence of this order:

1. As it is narrated in Bukhari and Muslim, Urwa b. Zubayr said,

"I asked Hz. Aisha the meaning of the divine verse (...).Hz. Aisha said,

"My sister’s son! This is the orphan who is under the protection of her guard and they are partners in terms of goods. He likes her goods and beauty and wants to marry her without acting justly about her mahr. He does not give her the amount of mahr that others will give her. In this verse, the guards like these are prohibited from marrying orphans that are under their guardianship unless they pay them the highest mahr and they are advised to marry other women that they like."

Hz. Aisha continued as follows:

"After this verse, people asked the Messenger of Allah fatwas about it. Thereupon, Allah sent the following verse:  

"They ask thy instruction concerning the women. Say: Allah doth instruct you about them: and (remember) what hath been rehearsed unto you in the Book, concerning the orphans of women to whom ye give not the portions prescribed and yet whom ye desire to marry, as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do, but Allah is well-acquainted therewith." (an-Nisa, 4/127)

This is the verse from the Quran starting with (WA IN KHIFTUM...).  The verse (WA TARGHABUNA...) indicates the fact that they do not desire to marry orphans when they lack beauty or wealth. Since they did not desire to marry these orphans, they were prohibited from marrying the orphans whose wealth and beauty they liked unless they acted justly and observed their rights." (Bukhari, Wasaya 21)

In Muslim, in the narration reported from Hz. Aisha, from Urwa and from Urwa’s son, Hisham, Hz. Aisha said, 

"The verse starting with (WA IN KHIFTUM...) was sent down for the following case: A man is the guard of a girl who is an orphan and is her inheritor. The orphan has some wealth but she has nobody else to protect her and to help her marry. This man, who is her only guard, wants her wealth and does not marry her off to anybody; he prevents her from marrying, harms her and does not treat her well. Therefore, Allah says, (...) ’I have rendered so many things halal for you; leave that orphan.’"

The relation of this interpretation with the previous verse with the meaning "Give the orphans their wealth and do not harm them because of their wealth" is clear. Zuhri and Rabi also interpreted it like that. Abu Bakr ar-Razi preferred this view in Ahkamul-Qur'an and stated that it was reported from Ibn Abbas. The guards that can be thought to marry like that may be cousins who are non-mahram.

2. The following two sentences were reported from Ibn Abbas:

"Men were limited with four women due to the goods of orphans. For, a man was able to marry as many women as he wished due to the wealth of orphans. Allah prohibited this." (Suyuti, II/427)

Hasan b. al-Hasan, one of Tabiun tafsir scholars, said something similar:

"The guards used to marry the orphans who were under their guardianship. However, they married these girls because they liked their wealth, not the girls themselves. Therefore, they did not treat them well and expected their death in order to get their inheritance; they were prohibited from doing it."

3. When the previous verse (WA’TUL YATAMA...) was sent down, the guards feared that they would not be able to act justly and that they would commit sins; therefore, they started to avoid being guards. At that time, they could have ten, more or fewer women as their wives and they could not observe their rights and they could not act justly. Therefore, the verse addresses them as follows:

"If you fear that you will not be able to treat orphans justly and hence avoid being their guards, fear that you will not be able to treat your wives in general justly and marry as many women as you will be able to observe their rights, which is maximum four."(Suyuti, II/428)

Qatada and Suddi said this by reporting from Ibn Abbas. However, this narration is based a condition as follows: The previous verse must have been sent down before it and it must have been common. However, its decree appears related to the verses after it (an-Nisa, 4/5-6). This necessitates that they must have been sent down together. Therefore, the reason in terms of this meaning is not the verse that is mentioned; it is stated that even in the Era of Jahiliyyah, Arabs regarded deeds against orphans as sins but not against women; Ibn Jarir Tabari reported like this from Suddi and Qatada.

Sa'id b. Jubayr said,

"People used to act in accordance with the traditions of Jahiliyyah unless they were informed about an order or a prohibition. They asked the Messenger of Allah a question about orphans. Allah sent down this verse: (WA IN KHIFTUM...) It means fear that you will do injustice to women just as you fear about orphans and marry as many women as you will be able to act justly."

4. The following is reported from Ikrima:

"A Qurayshi man used to have several wives and orphans. When his wealth ended, he would start to use the wealth of the orphans. Therefore, this verse was sent down: (WA IN KHIFTUM...)A man used to marry four, five, six and ten women. Another man would say why I should not marry like him. Then, he would grab the wealth of the orphan and marry another woman with this wealth. Therefore, men were prohibited from marrying more than four women." (Suyuti, II/427)

Fakhruddin Razi says this is the view that is closest to the reality: “When a person marries many women, his expenses will definitely increase; due to this need, the guards could grab the wealth of orphans; thus, it seems that Allah warned people against marrying many women." (Fakhrur-Razi, IX/178) He preferred this view. However, this preference was also criticized. For, regarding the reason for prohibition as the worry of grabbing the wealth of the orphans only and not thinking of the orphans themselves and the issue of treating women justly in the main reason along with regarding them as guiding mean not to give the right of the profound and various wisdoms behind the revelation of this verse. Besides, it cannot be accepted that the same drawback does not exist in the issue of female slaves.

In addition, it is not accepted by everybody that the presence of the verse here aims directly to reduce the number of the women and that it first and foremost aims to prohibit more than four women. Although it is an order to limit marrying with at most four women in this verse and the prohibition of more than four is therefore definite and it is certain that the number in Jahiliyyah tradition is decreased, it is also clearly understood that a style of increasing the permission from one to four as Hz. Aisha says, ’I have rendered so many things halal for you...". Therefore, prohibition of decrease and increase is not based on a phrase but an indication. The statement of Ibn Abbas reported above only expresses that decreasing this number and prohibiting the extra is definite.

5. Some tafsir scholars said, “When a man found a rich and beautiful orphan, he would marry her at once; thus, sometimes a man had more wives than he could look after and protect their rights. The verse beginning with (WA IN KHIFTUM...) is about them. It says, 

"If you fear that you will not be able to deal justly with the orphans and women, marry the other women that you like."

Qadi Baydawi preferred this view too. However, as Abus-Suud criticizes it justly, the text of the Quran is not suitable for it.   

For, in this case, the order and encouragement "marry other women" will be meaningless. Minhunna (from them) should have been used instead of minannisa (from the women).

6. Mujahid said its meaning was as follows:

"If you fear that you will not be able to treat orphans justly, fear fornication and marry women of your choice, two, or three, or four so that you will not risk committing a haram deed."

This interpretation includes a great reality and shows that the meaning of avoiding fornication forms an important principle in the meaning of the rights of the orphans and treating women justly, that the permission to marry more than one woman is related to this wisdom and that there is a radical struggle against the evil of prostitution and fornication. Thus, it is seen that some of those narrations show the reason for the revelation of the verse and some of them show the wisdoms and benefits of the revelation of the verse.

Accordingly, each of them is important in terms of one view. The whole of those narrations shows the probable meanings of the verse or the meanings it includes. The narration that shows the reason for revelation the most clearly is the narration of Hz. Aisha. The real reason for the revelation of the verse was the fact that orphans were prevented from marrying others because they were rich or beautiful, that they were forced to marry their guards in return for a low mahr, that they were harmed bodily and financially; thus, the orphans who were not rich or beautiful were not demanded and they fell into debauchery. Therefore, the verse included the prohibition before the order and the wisdom behind the revelation of the verse was the treatment of women justly.

Thus, limitation of marrying more than one woman includes some wisdoms and benefits; and permitting marrying more than one woman includes the wisdoms and benefits of preventing the women from falling into debauchery and increasing the mothers that will give birth to children.  

We explained above that even the widows were called yatim (orphan). It is obvious that the verse is definitely related with the wisdom and aim of the treatment of women justly whether they are young orphans or women that were married unconditionally. Therefore, that the reason for revelation is special does not make it necessary for its meaning and decree to be special so, if the word orphans are dealt with in a general meaning covering widows too even if it does so indirectly in (WA IN KHIFTUM...), the decree and wisdom of the verse will be considered more clearly.   

It means, this verse which is related to guards, husbands and to a certain extent special interests, involves the public and public interest along with them in terms of decree, wisdom and reason for revelation. Therefore, the issues related to marriage include rights of Allah and public rights along with personal rights. Therefore, marriage is both a right and a duty. It is both a transaction and worship.

After attracting attention to relatives and orphans, who deserve mercy and compassion the most clearly, Allah agitates the feeling of justice under the excitement of both of the fine feelings and determines the issue of marriage, which is the development law of life and human happiness and which is related to financial issues, and all of the subtleties of the relationship that exists between woman and man from the creation and that has aspects of right and duty and that covers expansion in one aspect and limitation in another aspect; He generally encourages men to protect women and prevents men from oppression, injustice, immorality and prostitution. 

Allah tells you that the rights of women and orphans and protection of these rights are among general duties, that marriage is an important principle regarding the issue, that marrying more than one woman, which is reasonable, is a necessity of the rights of women and the honor of women, that this should be applied with justice and in turns in a way that will not harm the aim of treating them justly, and that the men who fear that they will not be able to observe these rights fully and will commit injustice should marry only one woman or find female slaves enough since marrying more than one woman encumbers heavy burdens and duties on men; thus, He states that you are people who fear that you will not be able to observe the rights of orphans and women in the presence of Allah’s orders that warn you and that you should act in accordance with this detailed explanation. This is the meaning of the condition starting with (WA IN KHIFTUM...): "If you fear that ye shall not be able to deal justly with the orphans."

The following question can come to mind here first: What if that condition does not exist? Such a condition is not possible here according to the real meaning of fear. For, not to fear injustice about orphans means unbelief. Therefore, it brings about a contradiction for a believer to think that the condition (WA IN KHIFTUM) does not exist. It is clear that the punishment when this condition does not exist is unbelief. From this point of view, this condition does not limit the order; it supports the order.

However, this is not the case if "if you fear" (WA IN KHIFTUM...) metaphorically means “if you know you will think it will be injustice”. It is possible to assume that this condition does not exist. Thus, it is known that the orphans will not be wronged and that their wealth, lives and honor will not be harmed. To determine what will happen if injustice is not thought will be a decree about the opposite meaning of the verse; therefore, it will be an issue of ijtihad to state it. Hz. Aisha showed a way of solution based on the reason for revelation. In logic, if the first clause in a conditional proposition does not occur, the next clause does not have to fail; therefore, if the fear mentioned above does not exist, it does not mean that marriage with one or more than one woman cannot take place. Therefore, none of the mujtahid imams and tafsir scholars said that this condition stated a decree except the mahr of young girls mentioned by Hz. Aisha in terms of jurisdiction. The condition of fear in both senses are related to the heart; therefore, they express a decree in terms of being religious, not in terms of jurisdiction. For, if a person who knows that he will not be able to act justly marries more than one woman, he will be a sinner since he does not avoid injustice. However, in marriage, this marriage does not become invalid and is not broken like marrying more than four women. Judicial decrees like nafaqah (alimony) and lineage will occur. If he avoids injustice after marriage, he will gain thawabs.

Then, what is the meaning of the order (fankihu: marry)? Since the order apparently means wajib, those who follow the madhhab of Zahiriyyah say this order is wajib and therefore, it is fard al-ayn to marry for any person who is sexually potent and who can afford to marry. Most of the Ahl as-Sunnah scholars agree that it is fard al-ayn to marry for a person who feels horny, who faces the risk of fornication and who can afford to look after his family; however, they do not generally say that it is wajib to marry. According to Hanafis, it is wajib if a person feels horny and it is normally sunnah al-muakkadah base on the following hadith: 

"Marriage is my Sunnah. Anyone who turns away from my Sunnah is not from me." (Bukhari, Nikah 1; Muslim, Nikah 5)

It is makruh to marry if a person fears that he will wrong his wife. There are some Hanafi scholars who clearly say it is fard al-kifayah; it is not fard for everybody but it is fard for the ummah. It means if the whole ummah gives up marrying, they will be sinners. We understand this from the verse. If it is assumed that the whole ummah gives up marrying and even if all of them worship all the time, it is a fact that the whole ummah will disappear. It is obvious that none of them will get rid of the punishment of having a bad intention against the continuation of Islam. Therefore, it is a duty to help those who get married in all aspects. The transactions for marriage should be made easy, not difficult. For, to make marriage difficult means to make fornication easy. 

To sum up, the order (fankihu: marry) is close to the evidence of being wajib related to some conditions and mandub related to other conditions. To marry is better than to remain single with the intention of nafilah worshipping. Imam Shafii says marriage is mubah. He decreed that it was more virtuous and better to remain single with the intention of nafilah worshipping than getting married. Its detailed explanation belongs to the science of fiqh.  

Marrying more than one woman:

It is definite that it is only a permission in general and it is makruh if there is a worry of injustice. However, the verse states that it is mandub to marry more than one woman in some cases and even wajib; the most common case is the risk of prostitution and fornication for both men and women. In accordance with the expression (MATHNA, WA THULATHA WA RUBA'A: two, and three, and four), this permission is up to four women. According to the language, when you say,  "Share these apples to this group in twos and threes and fours", it is understood that some people will be given two, some three and some four apples.

However, some scholars of Zahiriyyah madhhab imagine that these numbers should be gathered in one person due to the conjunction wa (and) between the numbers and ignoring the article al (the) and regarded their sum, nine as the limit. Zahiris do not accept reasoning and consensus; they act contrarily to the tradition of Islam dating back to the era of the Prophet and the agreement (consensus) of the religious imams and mujtahid fiqh scholars. The Prophet is not included among those who are addressed by the verse but it might have been a true view if they had interpreted the number nine as peculiar to the Prophet. Otherwise, it would mean two times two, two times three and two times four, which would reach the number eighteen, not nine.

On the other hand, some Shiites of Rafizis overstepped the mark by claiming that these numbers do not mention any limitations, that they show their general meaning and that these numbers like in twos, threes and fours strengthen this general meaning. They followed their own desires and wishes. "Allah forbid!"

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