Tafsir of An-Nisa' 4:2

An-Nisa (The Women): Verse 2

"And give the orphans their wealth..."

Know that when the Sura began by mentioning what indicates that a servant must be submissive to the commands of God (Exalted is He) and cautious of incurring His displeasure, it then proceeded to explain the categories of obligations.

The first category relates to the wealth of orphans, which is the subject of this verse. Furthermore, in the preceding verse, the Almighty commanded kindness to relatives (Al-Arham). Similarly, in this verse, He commands kindness to orphans because they have become without a guardian or someone intensely compassionate toward them. Their situation differs from those who have a close relative whose affection stems from kinship or birth. Therefore, He said: "And give the orphans their wealth..."

There are several issues concerning this verse:

The author of Al-Kashshāf states: Orphans are those whose fathers have died, leaving them alone. Yutm (orphanhood) means being solitary. Hence, a solitary pearl is called yatīmah, and a solitary date is yatīmah.

It is also said that orphanhood in humans pertains to the absence of the father, while in animals, it pertains to the absence of the mother.

He adds: The right meaning of this term should apply to both the young and the adult, as the state of being alone from the father persists. However, by common usage (‘urf), this name is restricted to one who has not reached the age of manhood. When one becomes capable of managing his own affairs without a guardian or caretaker, this name is removed from him.

The Quraysh used to call the Messenger of God (peace and blessings be upon him) "the orphan of Abu Talib," either by strict analogy or to describe the state he was in when he was young, raised in his uncle's care, as a form of subtle reproach.

As for his saying (PBUH): "There is no orphanhood after puberty (Hilm)," this is a teaching of the Sharia, not a lesson in linguistics. It means that once he reaches puberty, the rulings pertaining to minors no longer apply to him.

Abu Bakr al-Razi narrated in Ahkām al-Qur’ān that his grandfather wrote to Ibn Abbas asking when the state of being an orphan ceases. Ibn Abbas wrote back: "When signs of maturity (Rushd) are observed in him, his orphanhood ceases." In some narrations, it is mentioned: "A man may grasp his beard, and his orphanhood has not yet ceased." This informed Ibn Abbas that the name Yatīm can still apply after adulthood if signs of maturity are not observed.

Abu Bakr then said: The name Yatīm can also apply to a woman separated from her husband. The Prophet (PBUH) said: "The orphan woman must seek permission (Istī’mār)," and she only seeks permission when she is an adult. A poet said:

The conclusion from all that has been mentioned is that the term Yatīm, according to the root meaning of the language, encompasses both the young and the adult. However, according to common usage, it is specific to the young.

Here is a second question: How is the plural of Yatīm formed as Yatāmā? The form is Fa‘īl, and Fa‘īl is usually pluralized as Fa‘lā (e.g., Marīḍ $\rightarrow Marḍā, Qatīl \rightarrow Qatlā, Jarīḥ \rightarrow Jarḥā).

The author of Al-Kashshāf offers two possibilities:

1. It is said that the plural of Yatīm is Yutamā (plural of Fa‘īl as Fa‘lā), and then Fa‘lā is pluralized as Fa‘ālā, similar to Asīr \rightarrow Asrā \rightarrow$ Asārā.
2. It is said that the plural of Yatīm is Yatā’im, because Yatīm functions like nouns such as Ṣāḥib (companion) and Fāris (knight). Then Yatā’im is transformed into Yatāmā.

Al-Qaffal (may God have mercy on him) said: It is permissible to have Yatīm and Yatāmā, like Nadīm and Nadāmā. It is also permissible to have Yatīm and Ayṭām, like Sharīf and Ashrāf.

Here is a second question: We mentioned that the term Yatīm is specific to the young. As long as they are orphans, it is not permissible to give them their wealth. When they become adults, making it permissible to hand over their wealth, they are no longer considered orphans. So, how can the verse say: "And give the orphans their wealth..."?

There are two ways to answer this:

The First Way: We say that what is meant by "the orphans" are those who have reached maturity or adulthood. In this case, there are two perspectives:

1. God named them orphans based on the original linguistic meaning (i.e., they were orphans).
2. God named them orphans due to their recent proximity to the state of orphanhood, even if that state has currently ceased. This is like His saying: "Then the magicians fell down in prostration" (Al-A'rāf: 120), meaning those who were magicians before prostrating. Similarly, God referred to the nearing end of the waiting period (‘Iddah) as reaching the term limit in: "And when they have fulfilled their term, then either retain them kindly or part with them kindly" (At-Talaq: 2), meaning approaching the fulfillment.

What indicates that the intended meaning here is the adults is His saying: "And when you hand over to them their wealth, then take witnesses over them" (An-Nisā’: 6). Taking witnesses is only valid after reaching maturity.

The Second Way: We say that "the orphans" refers to the young ones. In this case, there are two interpretations of the verse:

1. The command "And give" pertains to the future. Thus, the meaning is: Give these individuals, who are orphans now, their wealth after the attribute of orphanhood has left them. This resolves the apparent contradiction.
2. What is meant is: "And give the orphans, while they are orphans, what they need for their sustenance and clothing." The benefit here is that one might assume it is impermissible to spend their wealth on them while they are young. God permitted this. However, this interpretation faces a difficulty: if this were the meaning, He would have said: "And give them from their wealth" (Wa ātūhum min amwālihim). Since He obligated giving them all their wealth, this interpretation is weakened.

Abu Bakr al-Razi narrated in Ahkām al-Qur’ān that Al-Hasan said: When this verse regarding the wealth of orphans was revealed, people became reluctant to mix with them and separated the orphans' wealth from their own. They complained about this to the Prophet (PBUH), and God revealed: "In this world and the Hereafter. And they ask you concerning orphans. Say, 'Making things right for them is best'..." (Al-Baqarah: 220).

Abu Bakr al-Razi believes this narration is likely a mistake by the narrator, because the intended meaning of the verse in question is giving them their wealth after puberty. The narrator confused it with another verse.

This confusion stems from what Sa'id ibn Jubayr narrated from Ibn Abbas (may God be pleased with them both): When God revealed: "And do not approach the orphan's property except in a way that is best" (Al-Baqarah: 152) and "Indeed, those who devour the property of orphans unjustly..." (An-Nisā’: 10), those who had orphans under their care separated the orphan's food from their own food and their drink from their own drink. This caused great hardship for the orphans. They mentioned this to the Messenger of God (PBUH), and God revealed: "...Making things right for them is best..." (Al-Baqarah: 220). Consequently, they mixed their food with the orphans' food and their drink with the orphans' drink.

The exegetes state that the correct context relates to a man from Ghatafan who held a large amount of wealth belonging to his orphaned nephew. When the nephew reached maturity, he demanded the wealth, but his uncle refused. They both referred the matter to the Prophet (PBUH), and this verse was revealed. Upon hearing it, the uncle said: "We have obeyed God and obeyed the Messenger. We seek refuge in God from a great sin." He then handed over the wealth. The Prophet (PBUH) said: "Whoever is protected from the stinginess of his own soul and obeys his Lord thus, his dwelling is secured (i.e., his Paradise)." When the boy received his wealth, he spent it in the way of God. The Prophet (PBUH) then said: "The reward is secured, and the sin remains." They asked: "O Messenger of God, we know the reward is secured, but how does the sin remain when he spends it in the way of God?" He replied: "The boy's reward is secured, but the sin remains upon his guardian (the uncle)."

Abu Bakr al-Razi used this verse as evidence that a fool (Safīh) should not be placed under legal restriction (guardianship) after the age of twenty-five. His reasoning is that the command "And give the orphans their wealth" is general and includes the fool, whether signs of maturity (Rushd) are observed in him or not. The ruling to withhold the property before the age of twenty-five is abandoned because scholars agree that observing Rushd before this age is a condition for the obligation to hand over the wealth. This consensus does not exist after this age, so the command in the verse must be followed after this age.

Our colleagues (Shafi'is) respond by saying: This verse is general because God mentioned orphans collectively. However, they were later specified by His saying: "And test the orphans" (An-Nisā’: 6) and His saying: "And do not give the foolish (As-Sufahā’) your wealth" (An-Nisā’: 5). These two verses prohibit giving them their wealth if they are fools. Undoubtedly, the specific ruling takes precedence over the general one.

And He said: "And do not exchange the bad for the good." There are several issues concerning this:

Issue 1: Meaning of Tabaddul (Exchanging)

The author of Al-Kashshāf said: Wa lā tatabaddalū means wa lā tastabdilū (do not substitute). The tafa‘‘ala form sometimes carries the meaning of istaf‘ala (e.g., ta‘ajjala meaning ista‘jala [to hasten], and ta’akhkhara meaning ista’khara [to delay]). Al-Wāḥidī (may God have mercy on him) said: Tabaddala shay’an bi-shay’in means he took one thing in place of another.

Issue 2: Interpretations of this Exchange

The First View: Al-Farrā’ and Al-Zajjāj said: Do not substitute the unlawful (the orphans' wealth) for the lawful (your own wealth, which is permissible for you from earnings and God's provision spread across the earth), and consume the former in its place.

The Second View: Do not substitute the bad action (embezzling the orphans' wealth) for the good action (preserving it and abstaining from it). This is the view of the majority: the guardian of the orphan would take the good quality items from the orphan's wealth and replace them with inferior ones—exchanging counterfeit for genuine, or lean livestock for fat ones. The author of Al-Kashshāf criticized this view, saying: This is not tabaddul (exchange); it is tabdīl (substitution). Unless he favors a friend by taking lean animals from the boy's wealth in exchange for fat ones.

The Fourth View: This exchange means consuming the orphan's wealth as a loan, with the commitment to replace it later. In this case, he is exchanging the bad (consuming the wealth) for the good (the promise of repayment).

There are two interpretations:

1. It means: Do not combine their wealth with your wealth in spending so that you fail to distinguish between your wealth and theirs regarding lawful enjoyment.
2. Ilā (with/to) here means ma‘a (along with), as in His saying: "Who are my helpers to God?" (Āl ‘Imrān: 52), meaning "along with God." The first interpretation is sounder.

Know that although God mentioned eating (akl), what is meant is tasarruf (disposal/management). Just as eating the orphan's wealth is forbidden, so are all other forms of disposal that lead to its destruction. The proof is that some wealth cannot be eaten, so it is established that tasarruf is intended. Eating was mentioned because it is the most common form of disposal.

Objection: Since God already prohibited them from unjustly devouring the orphans' wealth in the preceding verse, which included consuming it alone or consuming it along with others, what is the benefit of repeating the prohibition against consuming it with their wealth?

Answer: When they are self-sufficient from the orphans' wealth through what God has provided them lawfully, yet they still covet the orphans' wealth, the ugliness of the act is more severe, and the condemnation is more deserved.

Know that God then informed creation that consuming the orphan's wealth in all forbidden ways is a tremendous sin, saying: "Indeed, that was ever a great sin (Ḥubban Kabīran)."

Al-Wāḥidī (may God have mercy on him) said: The pronoun refers back to the act of eating, because the command "And do not eat" indicated eating, and Al-Ḥub means the great sin. The Prophet (PBUH) said: "The divorce of Umm Ayyūb is a ḥub (great sin)."

Ḥub and Ḥāb are three linguistic variations for the noun and the verbal noun. Al-Farrā’ said: Al-Ḥub is used by the people of Hijaz, and Al-Ḥāb by Tamim, and they both mean sin. The Prophet (PBUH) said: "O Lord, accept my repentance and wash away my sin (ḥūbatī)." The author of Al-Kashshāf said: Al-Ḥub and Al-Ḥāb are like Al-Qawl and Al-Qāl.

Al-Qaffal said: Perhaps the root of the word comes from taḥawwub (feeling pain), so Al-Ḥub is committing something that causes the perpetrator to feel remorse.

The Basrans said: Al-Ḥub (with a ḍammah on the Ḥā’) is the noun, and Al-Ḥab (with a fatḥah on the Ḥā’) is the verbal noun. Al-Ḥūbah is one instance. Then one form enters another, like Al-Kalām (speech), which is a noun, and then one says, "I spoke to him kalāman" (a verbal noun instance). The author of Al-Kashshāf said: Al-Hasan recited it as Ḥūban, and it was also read as Ḥāban.

"And if you fear that you will not deal justly with the orphan women, then marry those that please you of [other] women, two or three or four. But if you fear you will not be just, then [marry only] one or those your right hands possess. That is more suitable that you may not incline [to injustice]."