Tafsir of An-Nisa' 4:127

Surah An-Nisa' 4:127

ﲡ ﲢ ﲣ ﲤ ﲥ ﲦ ﲧ ﲨ ﲩ ﲪ ﲫ ﲬ ﲭ ﲮ ﲯ ﲰ ﲱ ﲲ ﲳ ﲴ ﲵ ﲶ ﲷ ﲸ ﲹ ﲺ ﲻ ﲼ ﲽ ﲾ ﲿ ﳀ ﳁ ﳂ ﳃ ﳄ ﳅ ﳆ ﳇ ﳈ ﳉ ﳊ

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.

Tafsir

Ruh al-Ma'ani

Verse range: 4:127

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{ وَيَسْتَفْتُونَكَ فِي النِّسَاءِ }

(They ask you for a fatwa regarding women), meaning: they ask you to clarify the difficult aspects of the laws concerning women—what is due to them and what is incumbent upon them, absolutely. The Prophet (may Allah bless him and grant him peace) was asked about many rulings related to them; what had been previously clarified was referred to what had been revealed in the Book, and what had not yet been clarified is clarified here. Many have stated that the intention is their inheritance, and the context indicative of this is the reason for revelation. Ibn Jarir and Ibn al-Mundhir recorded from Ibn Jubayr that he said: "Only the man who was capable of standing [in battle] and working with wealth would inherit; the minor and the woman inherited nothing. When the verses of inheritance in Surat an-Nisa were revealed, this weighed heavily on the people, and they said: 'Shall the minor who cannot manage wealth, and the woman who is likewise, inherit as the man inherits?' They hoped a decree would come from heaven regarding this, so they waited. When they saw that no decree came, they said: 'If this stands, it is certainly a duty from which there is no escape.' Then they said: 'Ask the Prophet (may Allah bless him and grant him peace),' and Allah the Almighty revealed this verse."

'Abd bin Humayd recorded from Mujahid that he said: "The people of the Jahiliyyah would not bequeath to women or children anything; they would say: 'They do not fight, nor do they capture spoils.' So this was revealed." Al-Hakim recorded a similar narration from Ibn Abbas (may Allah be pleased with them both), and declared it authentic. The first opinion is favored by Sheikh al-Islam.

(Say: Allah gives you a fatwa regarding them), meaning: He clarifies for you His ruling concerning them. To "give a fatwa" (iftā') is to manifest the difficult matter to the inquirer. In al-Bahr, it is said: "He gave him a fatwa," iftā'an, futyan, and fatwan; and "I gave a fatwa to so-and-so regarding his dream," meaning I interpreted it for him.

(And what is recited to you in the Book). Regarding the particle "ma" (what), there are three possibilities: nominative (raf'), accusative (nasb), and genitive (jarr).

Under the first (nominative): It is either a subject (mubtada') whose predicate is omitted—meaning: "And what is recited to you in the Qur'an gives you a fatwa and clarifies for you." The preference for the present tense is to signal the continuity and persistence of the recitation. "In the Book" is linked to "is recited" or to an omitted element serving as a state (hal) from the hidden pronoun within it—meaning: "it is recited while it is in the Book." Or, it is a subject, and "in the Book" is its predicate; in this case, the Book refers to the Preserved Tablet (al-Lawh al-Mahfuz), for if it meant the apparent meaning, it would contain no benefit unless it were labored over. The sentence is then parenthetical, intended to clarify the greatness of the status of the recited matter. "What is recited" encompasses what has been recited and what will be recited. Or, it is conjoined to the hidden pronoun in "gives you a fatwa" (yuftikum); this is valid due to the separation, and combining the literal and the metaphorical in a metaphorical attribution (majaz 'aqli) is permissible and common. Thus, the objection that Allah is the literal agent of the action and the recited matter is a metaphorical agent is invalid, as the attribution to the cause is valid. Similar to this is the phrase: "Zayd and his gift sufficed me." Or, it is conjoined to the Majestic Name (Allah), though this is also not valid. Indeed, the most apparent view is that this is a conjunction of a singular to a singular, though it is weakened by the singular pronoun, as is not hidden.

Under the second (accusative): It is an object of an omitted verb—meaning: "And He clarifies to you what is recited." The sentence is either conjoined to the sentence "gives you a fatwa" or it is parenthetical.

Under the third (genitive): It is either in the position of a genitive via an oath, which indicates the glorification and exaltation of the object of the oath, as if it were said: "Say: Allah gives you a fatwa regarding them, and I swear by what is recited to you in the Book." Or, it is conjoined to the genitive pronoun, as narrated from Muhammad bin Abi Musa—though what is with the Basrans is not revelation that must be followed. Indeed, there is a semantic flaw that is difficult to dispel. Or, it is conjoined to "women," as narrated by al-Tabarsi from some, though its flaws are obvious.

His saying (Almighty): (Regarding the orphans of women) is linked to "is recited" in most possibilities, meaning: what is recited to you regarding their affairs. Some denied this, assuming "what" to be a subject and "in the Book" its predicate, due to the separation of the predicate between the components of the sillah (the relative clause). The same applies to the assumption of an oath, as there is no apparent meaning for restricting the recitation in that way. It could be a substitute for "regarding them" or another sillah for "gives you a fatwa." Whenever two prepositions are required to be linked to one thing without following, it is dispelled by obligating that they do not share the same meaning. The prohibition applies when they are of the same meaning. Here, the second ("fi") is for causality, as in the saying of the Prophet (may Allah bless him and grant him peace): "A woman entered the Fire because of a cat." The speech is thus like: "I came to you on Friday regarding the affair of Zayd," meaning: because of it. The genitive construction of "orphans" to "women" denotes "from," as they belong to that category. Abu Hayyan suggested it denotes the "lam" (possession/appropriation) and signifies exclusivity, claiming it is the most apparent, but it is nothing, as al-Halabi and others have stated. It has been recited as "ayami" with two ya's, as a plural of ayyim, for the Arabs often change the hamza into a ya.

(Those whom you do not give what is written for them) means: what is prescribed for them of inheritance and other things, according to what Sheikh al-Islam chose; or what is prescribed for them of inheritance only, as is narrated from Ibn Abbas, Ibn Jubayr, and Mujahid (may Allah be pleased with them) and chosen by al-Tabari; or what is due to them of the dowry (sadaq), as is narrated from Aisha (may Allah be pleased with her) and chosen by al-Jubba'i. It is said: "What is written for them of marriage," for the guardians would prevent them from marrying; this is narrated from al-Hasan, Qatadah, al-Suddi, and Ibrahim.

(And you desire) is conjoined to the sillah of "those" or to the negated part alone. It is also permissible that it be a state (hal) from the agent of "you give." If we claim the permissibility of a present tense sentence as a state being joined by the 'waw', it is apparent; if we say it is not permissible, then an omitted subject is necessary—meaning: "while you desire."

(To marry them), meaning: to marry them. For the guardians of the orphans, as reported in more than one narration, would desire them if they were beautiful and would consume their wealth, and otherwise they would prevent them from marrying out of greed for their inheritance. The omission of the preposition here does not constitute confusion, but rather ambiguity; both prepositions are intended by way of substitution. Some of our scholars have inferred from the verse the permissibility of marrying the orphan girl because it mentions the desire to marry her, which necessitates its permissibility. The Shafi'is say: "It only mentions what the Jahiliyyah used to do by way of condemnation, so there is no indication in it for that." They also argue that it does not necessitate that the desire to marry her implies doing so during her childhood. This disagreement concerns those other than the father and the grandfather; as for them, it is permissible for them to marry the minor without fear.

(And the oppressed among children) is conjoined to "orphans of women." They would not bequeath to them, just as they would not bequeath to women, as previously mentioned.

(And that you stand for the orphans with justice) is conjoined to what precedes it. If "among women" is considered a substitute, then the accusative case is appropriate here, and "the oppressed" is conjoined to the place of "regarding them." They prohibited the conjunction to the substitute based on the assumption that "the oppressed" refers to minors absolutely, whom they barred from inheritance, even if they were male. If it were conjoined to the substitute, it would be a substitute, and the only valid form would be a "substitute of error" (badal al-ghalat), which does not occur in eloquent speech. It is permitted that "that you stand" is in the nominative case as a subject with an omitted predicate—meaning: "is better," or similar—or in the accusative with an implied verb—meaning: "He commands you to stand." It is an address to the leaders to look after them and fulfill their rights, or to the guardians and trustees to be fair in their rights.

(And whatever you do of good) regarding the rights of those mentioned, (according to what you have been commanded), whatever you do of good absolutely, and what relates to these people is included in this in a primary way.

(Then indeed, Allah is ever, of it, Knowing) He will reward you for it. He limited it to "good" because it is what they were encouraged to do, and in this is a sign that evil is something that should not occur from them or even cross their minds.