Al-Baqarah: (220) in this world and the Hereafter...

In this verse, there are several issues:

Issue 1: The Context of the Revelation

The people of the Jahiliyyah (pre-Islamic ignorance) were accustomed to exploiting the wealth of orphans. They might marry an orphan girl out of greed for her wealth, or marry her to their son to prevent her wealth from leaving their control.

Then, Allah Almighty revealed verses such as:

• "Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire." (An-Nisa: 10)
• "And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women..." (An-Nisa: 3)
• "...and they ask you for a ruling concerning women. Say, 'Allah gives you a ruling concerning them, and that which is recited to you in the Book concerning the orphan women to whom you do not give what is decreed for them..." (An-Nisa: 127)
• "...And do not approach the orphan's property except in a way that is best until he reaches maturity." (Al-An'am: 152)

Upon this, the people stopped associating with orphans, approaching their wealth, and managing their affairs. This led to the disruption of the orphans' welfare and the worsening of their livelihood. This became burdensome for the people, leaving them perplexed: if they engaged with the orphans and managed their wealth, they feared severe divine warning; if they abandoned them, the orphans' livelihood suffered.

It is possible that they asked the Prophet (PBUH) about this situation, or perhaps the question was in their hearts, wishing Allah would clarify the matter. Thus, Allah revealed this verse.

It is narrated that when those previous verses were revealed, they withdrew entirely from the orphans' wealth and avoided all association with them. So much so that if food was placed for an orphan and some remained, they would leave it until it spoiled. The guardian would set aside a separate dwelling, food, and drink for the orphan, which became difficult for the weaker Muslims. 'Abdullah ibn Rawahah said, "O Messenger of Allah, we do not have dwellings for the orphans to inhabit, nor can all of us afford separate food and drink for the orphan." Then this verse was revealed.

Issue 2: The Meaning of "Making Amends for Them is Better" (إصلاح لهم خير)

There are several interpretations for this phrase:

1. The comprehensive view (The Judge's opinion): This phrase encompasses looking after the orphan's interests through discipline, education, and refinement, so they grow up knowledgeable, well-mannered, and virtuous. This has a greater impact than merely managing their wealth through trade. It also includes safeguarding their wealth from being consumed by maintenance costs. Furthermore, it incorporates the meaning of Allah's saying: "And give the orphans their properties and do not exchange the bad for the good" (An-Nisa: 2). The word "better" (خير) applies to the guardian's situation—this action is better for him than neglecting the orphan's rights. It also applies to the orphan, as it involves the betterment of his self and his wealth. Thus, this statement is comprehensive regarding the interests of both the orphan and the guardian.

• Objection: The apparent meaning of "Making amends for them is better" seems to only cover managing their persons, not their wealth.
  • Response: This is not the case, because what leads to the improvement and increase of their wealth is also making amends for them, so it is not excluded from the apparent meaning. This view is the strongest among those mentioned here.

2. Benefit for the Guardian: The news refers to the guardian, meaning managing their wealth without compensation or wages is better for the guardian and brings greater reward.

3. Benefit for the Orphan: The news refers to the orphan, meaning associating with them while making amends is better for them than isolating and neglecting them.

The first view is preferable because the wording is absolute. Restricting it to certain aspects without justification is arbitrary and impermissible. Therefore, it must be understood as encompassing the good outcomes for both the guardian and the orphan, concerning the betterment of the self and the wealth. In summary, the verse means that the avenues for benefit are varied and not strictly defined, so the one entrusted with the orphan's affairs should strive for good in this world and the Hereafter for himself, and for the orphan in both his wealth and his person. This phrase comprehensively covers all these aspects.

Issue 3: The Meaning of "If You Mix with Them, Then They Are Your Brothers" (وإن تخالطوهم فإخوانكم)

Mixing (المخالطة) implies a state where distinction is difficult. From this root comes the term for sexual intercourse (الخلاط), and a person is said to be mixed (خولط) if they become insane, as madness (الخلاط) involves the confusion of matters for the person due to the loss of reason.

There are several interpretations:

1. Mixing in Livelihood: It means mixing with them in food, drink, lodging, and service. The people used to separate the orphan's food from their own, their drink from their own, and their dwelling from their own. Allah Almighty permitted them to mix the foods and drinks, and to share a single dwelling, just as one does with their child's property. This fosters better companionship and affection. The meaning is: mixing with them in ways that do not involve squandering their wealth is permissible.

2. Compensation for Management: This means they may benefit from the orphans' wealth to the extent equivalent to the work they perform.
   • Some scholars permit this whether the guardian is rich or poor.
   • Others state that if the guardian is rich, he should not consume from the orphan's wealth because managing it is obligatory upon him, and seeking wages for an obligatory duty is not permissible. They cite Allah's saying: "And whoever is self-sufficient, let him remain abstinent, and whoever is poor, let him take [from the estate] what is fair." (Al-Baqarah: 222).
   • If the guardian is poor, they say he may consume according to need and must repay it if he becomes wealthy. If he never becomes wealthy, he is absolved. It is narrated that 'Umar (RA) said regarding himself: "I view my soul concerning Allah's wealth as the guardian of an orphan: if I am self-sufficient, I abstain; if I become poor, I eat what is fair as a loan, then repay it." Mujahid reported that if a poor person eats what is fair, he owes no repayment.

3. Partnership in Wealth: The meaning is that they mix the orphans' wealth with their own wealth in partnership, provided the interests and welfare of the child are strictly observed.

4. Marriage (The preferred view of Abu Muslim): The meaning of mixing (الخلط) refers to marriage, similar to the context of: "If you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women..." (An-Nisa: 3) and "...and they ask you for a ruling concerning women. Say, 'Allah gives you a ruling concerning them...'" (An-Nisa: 127). This view is stronger for several reasons:
   • This view involves mixing the orphan himself (through marriage), whereas partnership involves mixing wealth.
   • Partnership is already covered under "Making amends for them is better." Marriage/giving daughters in marriage was not included there, so applying the term mixing to marriage is more fitting.
   • The phrase "then they are your brothers" suggests this specific type of mixing. If the orphan were not a Muslim child, the guardian would still need to safeguard his wealth as if he were a Muslim. Therefore, the reference in "then they are your brothers" must point to another type of association.
   • Following this verse, Allah says: "And do not marry polytheist women until they believe" (Al-Baqarah: 221). This implies that the encouraged mixing (through marriage) is only with orphans who are your brothers in Islam, as this strengthens affection. If the orphan is a polytheist woman, this should not be done.

It means: "They are your brothers." Al-Farrā' said that making it accusative (فإخوانكم) would also be correct, meaning: "You mix with them as brothers."

Issue 4: The Meaning of "And Allah knows the corrupter from the reformer" (والله يعلم المفسد من المصلح)

It is said that Allah knows who corrupts their wealth from who reforms it. Another view is that He knows the intentions of those who intend corruption and covet their wealth through marriage, versus the reformer. That is, if you outwardly show an intention for reform but inwardly desire another goal, Allah is aware of your inner thoughts. This is a great warning, because the orphan cannot look after his own best interests, nor does he have anyone to do so for him. It is as if Allah is saying: Since no one is appointed to look after his interests, I am that caretaker, and I will hold his guardian accountable.

Another view is that Allah knows the reformer who manages the orphan's affairs in a way that permits him to benefit from the wealth, and He knows the corrupter who does not manage the orphan's affairs in a way that permits benefit from the wealth. Therefore, beware of taking anything from the orphan's wealth without reforming their affairs first.

Issue 5: The Meaning of "And if Allah had willed, He could have brought you into difficulty" (ولو شاء الله لاعنتكم)

Difficulty (الإعنات) means imposing an unbearable burden. It is said: "He afflicted him with difficulty" (أعنت فلان فلانا) if he put him in a situation he cannot escape. "He tested him severely" (تعنته تعنتا) if he confused him in his questioning. A set bone is said to be afflicted (عنت) if it breaks after being set. The root of difficulty (العنت) is hardship. An arduous, difficult path is called difficult (أكمة عنوت). Hence Allah's saying: "Severe upon him is what you suffer" (At-Tawbah: 128), meaning what is hard on you is severe for him. It is also said: "You made my questioning difficult for me" (أعنتني في السؤال), meaning you pressed me hard, and my affliction (عنتي) means harm.

The exegetes said:

• Ibn 'Abbas: If Allah had willed, He would have made what you took of the orphans' wealth destructive to you.
• 'Ata: If Allah had willed, He would have imposed hardship upon you just as you imposed hardship upon yourselves, and restricted matters for you in associating with them.
• Al-Zajjaj: If Allah had willed, He would have burdened you with what is difficult for you.

Al-Jubba'i used this verse to argue that Allah does not obligate a servant with what is beyond his capacity. His reasoning is that "If Allah had willed, He could have brought you into difficulty" implies that Allah did not impose difficulty in legislation. If He had obligated them with what they could not bear, He would have exceeded the limit of difficulty and hardship.

The basis of this argument is that the particle law (لو) implies the negation of one thing due to the negation of another. They then asked themselves if this verse applies specifically to the orphan. They answered that consideration should be given to the generality of the wording, not the specificity of the cause. Furthermore, the guardian of this orphan might not be able to perform the act of reform (if he chooses deviation from reform). If this is the case, how can Allah say specifically about him, "If Allah had willed, He could have brought you into difficulty," while He has already obligated him with something he cannot do? Moreover, difficulty (الإعنات) is only valid for someone who is capable of an action but finds it hard; it is not applicable to someone who is completely incapable. The opponent claims that if the guardian chooses reform, he is incapable of corruption, and if he is incapable of corruption, it is not valid to say to him, "If Allah had willed, He could have brought you into difficulty."

• The Response: This is countered by the issue of Divine Knowledge and the Call (to action). And Allah knows best.

Al-Ka'bi used this verse to argue that Allah is capable of acting contrary to justice. He argued that if it were impossible for Him to be described as capable of imposing difficulty, then it would not be permissible for Him to say, "If Allah had willed, He could have brought you into difficulty."

The Mu'tazilites can respond by saying this statement is conditional upon the will to impose difficulty. Why do you assume this will is possible for Allah to possess? And Allah knows best.

The Sixth Ruling: Concerning Marriage