سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب مَا يُكْرَهُ أَنْ يُجْمَعَ بَيْنَهُنَّ مِنَ النِّسَاءِChapter: Women Whom It Is Disliked To Combine Between (In Marriage).
Hadith 2068
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ عَمْرِو بْنِ السَّرْحِ الْمِصْرِيُّ ، حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ ، عَنْ ابْنِ شِهَابٍ ، قَالَ : أَخْبَرَنِي عُرْوَةُ بْنُ الزُّبَيْرِ ، أَنَّهُ سَأَلَ عَائِشَةَ زَوْجَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ قَوْلِ اللَّهِ تَعَالَى : وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ سورة النساء آية 3 ،قَالَتْ : " يَا ابْنَ أُخْتِي ، هِيَ الْيَتِيمَةُ تَكُونُ فِي حِجْرِ وَلِيِّهَا ، فَتُشَارِكُهُ فِي مَالِهِ فَيُعْجِبُهُ مَالُهَا وَجَمَالُهَا فَيُرِيدُ وَلِيُّهَا أَنْ يَتَزَوَّجَهَا بِغَيْرِ أَنْ يُقْسِطَ فِي صَدَاقِهَا ، فَيُعْطِيَهَا مِثْلَ مَا يُعْطِيهَا غَيْرُهُ ، فَنُهُوا أَنْ يَنْكِحُوهُنَّ إِلَّا أَنْ يُقْسِطُوا لَهُنَّ وَيَبْلُغُوا بِهِنَّ أَعْلَى سُنَّتِهِنَّ مِنَ الصَّدَاقِ ، وَأُمِرُوا أَنْ يَنْكِحُوا مَا طَابَ لَهُمْ مِنَ النِّسَاءِ سِوَاهُنَّ " ، قَالَ عُرْوَةُ : قَالَتْ عَائِشَةُ : " ثُمَّ إِنَّ النَّاسَ اسْتَفْتَوْا رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَعْدَ هَذِهِ الْآيَةِ فِيهِنَّ ، فَأَنْزَلَ اللَّهُ عَزَّ وَجَلَّ :وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ سورة النساء آية 127 ، قَالَتْ : وَالَّذِي ذَكَرَ اللَّهُ أَنَّهُ يُتْلَى عَلَيْهِمْ فِي الْكِتَابِ الْآيَةُ الْأُولَى الَّتِي قَالَ اللَّهُ سُبْحَانَهُ فِيهَا وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ سورة النساء آية 3 ، قَالَتْ عَائِشَةُ : وَقَوْلُ اللَّهِ عَزَّ وَجَلَّ فِي الْآيَةِ الْآخِرَةِ : وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ سورة النساء آية 127 هِيَ رَغْبَةُ أَحَدِكُمْ عَنْ يَتِيمَتِهِ الَّتِي تَكُونُ فِي حِجْرِهِ حِينَ تَكُونُ قَلِيلَةَ الْمَالِ وَالْجَمَالِ ، فَنُهُوا أَنْ يَنْكِحُوا مَا رَغِبُوا فِي مَالِهَا وَجَمَالِهَا مِنْ يَتَامَى النِّسَاءِ إِلَّا بِالْقِسْطِ مِنْ أَجْلِ رَغْبَتِهِمْ عَنْهُنَّ " . قَالَ يُونُسُ : وَقَالَ رَبِيعَةُ فِي قَوْلِ اللَّهِ عَزَّ وَجَلَّ : وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى سورة النساء آية 3 ، قَالَ : يَقُولُ : اتْرُكُوهُنَّ إِنْ خِفْتُمْ ، فَقَدْ أَحْلَلْتُ لَكُمْ أَرْبَعًا .
Ibn Shihab said “Urwah bin Al Zubair asked Aishah, wife of the Prophet ﷺ about the Quranic verse “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you. ” She said “O my nephew, this means the female orphan who is under the protection of her guardian and she holds a share in his property and her property and beauty attracts him; so her guardian intends to marry her without doing justice to her in respect of her dower and he gives her the same amount of dower as others give her. They (i. e., the guardians) were prohibited to marry them except that they do justice to them and pay them their maximum customary dower and they were asked to marry women other than them (i. e., the orphans) who seem good to them. Urwah reported that Aishah said “The people then consulted the Messenger of Allah ﷺ about women after revelation of this verse. Thereupon Allaah the Exalted sent down the verse “They consult thee concerning women. Say Allaah giveth you decree concerning them and the scripture which hath been recited unto you (giveth decree) concerning female orphans unto whom you give not that which is ordained for them though you desire to marry them. “ She said “The mention made by Allaah about the Scripture recited to them refers to the former verse in which Allaah has said “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you. ” Aishah said “The pronouncement of Allaah, the Exalted in the latter verse “though you desire to marry them” means the disinterest of one of you in marrying a female orphan who was under his protection, but she said little property and beauty. So they were prohibited to marry them for their interest in the property and beauty of the female orphans due to their disinterest in themselves except that they do justice )to them). The narrator Yunus said “Rabiah said explain the Quranic verse “And if ye fear that ye will not deal fairly by the orphans” means “Leave them if you fear (that you will not do justice to them), for I have made four women lawful for you. ”
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ The relevance of the hadith to the chapter is that if a person cannot fulfill the standard of Islamic justice and fairness with an orphan girl under his guardianship, then he should not marry her, whether it is his first marriage or he already has another wife. In such a case, there is even more concern that, due to her being an orphan, she may be treated merely as a household servant or maid.
➋ The context of revelation (shan-e-nuzul) holds special importance for understanding the Qur’an, provided it is established with an authentic chain of narration. However, seeking the context of revelation for every verse is also an unnecessary burden.
➊ The relevance of the hadith to the chapter is that if a person cannot fulfill the standard of Islamic justice and fairness with an orphan girl under his guardianship, then he should not marry her, whether it is his first marriage or he already has another wife. In such a case, there is even more concern that, due to her being an orphan, she may be treated merely as a household servant or maid.
➋ The context of revelation (shan-e-nuzul) holds special importance for understanding the Qur’an, provided it is established with an authentic chain of narration. However, seeking the context of revelation for every verse is also an unnecessary burden.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2068
Maulana Dawood Raz
Hadith Commentary:
It is mentioned in history and narrations that orphan girls who were under the guardianship of their wali (guardian), and who, due to kinship, shared in the wealth and property of that wali, would face two situations: Sometimes, the situation would arise that the girl was beautiful, and the wali, due to his desire for both her wealth and beauty, would wish to marry her, and would marry her for a small dowry (mahr), because there would be no other claimant for that girl. At other times, the situation would be that the orphan girl was not beautiful in appearance, but the wali would think that if he married her off to someone else, the girl's wealth would leave his possession.
For this reason, he would marry her, willingly or unwillingly, but would not actually have any real desire for her.
Upon this, this verse was revealed, and the guardians were instructed that if you fear that you will not be able to do justice regarding such orphan girls, and that you will fall short in giving them their dowry (mahr) and in good treatment towards them, then do not marry them. Rather, you are permitted to marry other women whom you desire, up to four.
According to the Islamic legal principle, marry them so that the orphan girls are not harmed, because you will remain protectors of their rights, and you too will not fall into any sin.
The correspondence between the chapter and the hadith is clear: in any case, it is the duty of the guardians to protect the wealth of orphan boys and girls with God-consciousness, and upon their reaching maturity, to hand over their wealth to them in the manner that is best for them.
And Allah knows best.
It is mentioned in history and narrations that orphan girls who were under the guardianship of their wali (guardian), and who, due to kinship, shared in the wealth and property of that wali, would face two situations: Sometimes, the situation would arise that the girl was beautiful, and the wali, due to his desire for both her wealth and beauty, would wish to marry her, and would marry her for a small dowry (mahr), because there would be no other claimant for that girl. At other times, the situation would be that the orphan girl was not beautiful in appearance, but the wali would think that if he married her off to someone else, the girl's wealth would leave his possession.
For this reason, he would marry her, willingly or unwillingly, but would not actually have any real desire for her.
Upon this, this verse was revealed, and the guardians were instructed that if you fear that you will not be able to do justice regarding such orphan girls, and that you will fall short in giving them their dowry (mahr) and in good treatment towards them, then do not marry them. Rather, you are permitted to marry other women whom you desire, up to four.
According to the Islamic legal principle, marry them so that the orphan girls are not harmed, because you will remain protectors of their rights, and you too will not fall into any sin.
The correspondence between the chapter and the hadith is clear: in any case, it is the duty of the guardians to protect the wealth of orphan boys and girls with God-consciousness, and upon their reaching maturity, to hand over their wealth to them in the manner that is best for them.
And Allah knows best.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2763
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The relevance of this hadith to the chapter heading is as follows: the protection of endowments (awqaf) is the responsibility of the one who is appointed as their trustee (mutawalli), just as the guardianship of orphans’ wealth is the responsibility of their caretakers, so that they may safeguard and look after their property.
(2)
The summary of the aforementioned verses and hadith is that if someone has a female orphan in his care and he cannot pay her the proper bridal gift (mahr mithl), then he should turn to other women for marriage, because besides the orphan girl, there are many other women available.
And if it is necessary to marry the orphan girl, then her full bridal gift (mahr) should be given to her, equal to that of her contemporaries, and there should be no deficiency in it whatsoever.
(1)
The relevance of this hadith to the chapter heading is as follows: the protection of endowments (awqaf) is the responsibility of the one who is appointed as their trustee (mutawalli), just as the guardianship of orphans’ wealth is the responsibility of their caretakers, so that they may safeguard and look after their property.
(2)
The summary of the aforementioned verses and hadith is that if someone has a female orphan in his care and he cannot pay her the proper bridal gift (mahr mithl), then he should turn to other women for marriage, because besides the orphan girl, there are many other women available.
And if it is necessary to marry the orphan girl, then her full bridal gift (mahr) should be given to her, equal to that of her contemporaries, and there should be no deficiency in it whatsoever.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2763
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
This heading has two parts:
➊ Taking wealth into consideration when determining equivalence (kafa’ah).
➋ A poor man marrying a wealthy woman.
When a man of limited means, due to lack of wealth, or a wealthy man, due to miserliness, is unable to fully pay the woman her rightful dowry (mahr), then he is not permitted to marry a wealthy woman. This establishes the first part of the heading. However, if he pays her full dowry, then he is permitted to marry her, even if she is wealthier than him.
‘Allamah ‘Ayni rahimahullah states that when an orphan girl is wealthy and her guardian is poor, then if the full dowry is paid, he is permitted to marry her.
From this, it is established that equivalence in wealth is a consideration.
(‘Umdat al-Qari: 36/14)
This heading has two parts:
➊ Taking wealth into consideration when determining equivalence (kafa’ah).
➋ A poor man marrying a wealthy woman.
When a man of limited means, due to lack of wealth, or a wealthy man, due to miserliness, is unable to fully pay the woman her rightful dowry (mahr), then he is not permitted to marry a wealthy woman. This establishes the first part of the heading. However, if he pays her full dowry, then he is permitted to marry her, even if she is wealthier than him.
‘Allamah ‘Ayni rahimahullah states that when an orphan girl is wealthy and her guardian is poor, then if the full dowry is paid, he is permitted to marry her.
From this, it is established that equivalence in wealth is a consideration.
(‘Umdat al-Qari: 36/14)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5092
Maulana Dawood Raz
Hadith Commentary:
That person himself should not marry that girl even on the obligatory dowry (mahr), and if he wishes to give a lesser dowry, then Allah has forbidden such a marriage. The command is that if you do not wish to marry her on the full dowry, then do not prevent her from marrying another person.
It is said that Jabir radi Allahu anhu had a paternal cousin who was unattractive in appearance. Jabir radi Allahu anhu himself did not wish to marry her, and out of concern for wealth and possessions, he also did not want anyone else to marry her, because that person would then lay claim to her wealth.
At that time, this verse was revealed.
It is clearly evident from the verse that causing any kind of harm to women is strongly disliked in the Shari‘ah.
That person himself should not marry that girl even on the obligatory dowry (mahr), and if he wishes to give a lesser dowry, then Allah has forbidden such a marriage. The command is that if you do not wish to marry her on the full dowry, then do not prevent her from marrying another person.
It is said that Jabir radi Allahu anhu had a paternal cousin who was unattractive in appearance. Jabir radi Allahu anhu himself did not wish to marry her, and out of concern for wealth and possessions, he also did not want anyone else to marry her, because that person would then lay claim to her wealth.
At that time, this verse was revealed.
It is clearly evident from the verse that causing any kind of harm to women is strongly disliked in the Shari‘ah.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4600
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
Hafiz Ibn Hajar rahimahullah has mentioned, with reference to Ibn Abi Hatim, the context of revelation (shan al-nuzul) of this verse: that the cousin of Jabir radi Allahu anhu was unattractive in appearance and, due to inheriting from her father, was also wealthy.
She was under the guardianship of Jabir radi Allahu anhu.
Because of her unattractiveness, Jabir radi Allahu anhu had no desire to marry her himself, but he was also not willing to marry her off to someone else, because in that case her wealth would go to her husband.
Regarding this, the following verse was revealed.
(al-Anfal: 60/8)
2.
In the Arabic language, the word "raghiba" is used in two meanings depending on the preposition that follows:
If it is followed by "fi," it means:
to desire and to be eager for something; and if it is followed by "an," it is used in the sense of turning away and aversion.
In the noble verse, due to the possibility of both meanings, the preposition has been omitted.
Both meanings—desiring and aversion—are intended here, because in the era of ignorance (jahiliyyah), two types of injustices were committed against orphan girls:
If she was wealthy and beautiful, the guardian himself would desire to marry her and would do so, but due to her being an orphan, there would be stinginess and injustice in giving her dowry (mahr); and if she was wealthy but unattractive, there would be aversion to marrying her, and there would be no interest in marrying her off to someone else either, so that her wealth would not leave their hands.
This noble verse put an end to both types of injustices and oppression, and it is from the miraculous eloquence of the Noble Qur’an that it accommodates both the meanings of aversion and interest.
And Allah knows best.
1.
Hafiz Ibn Hajar rahimahullah has mentioned, with reference to Ibn Abi Hatim, the context of revelation (shan al-nuzul) of this verse: that the cousin of Jabir radi Allahu anhu was unattractive in appearance and, due to inheriting from her father, was also wealthy.
She was under the guardianship of Jabir radi Allahu anhu.
Because of her unattractiveness, Jabir radi Allahu anhu had no desire to marry her himself, but he was also not willing to marry her off to someone else, because in that case her wealth would go to her husband.
Regarding this, the following verse was revealed.
(al-Anfal: 60/8)
2.
In the Arabic language, the word "raghiba" is used in two meanings depending on the preposition that follows:
If it is followed by "fi," it means:
to desire and to be eager for something; and if it is followed by "an," it is used in the sense of turning away and aversion.
In the noble verse, due to the possibility of both meanings, the preposition has been omitted.
Both meanings—desiring and aversion—are intended here, because in the era of ignorance (jahiliyyah), two types of injustices were committed against orphan girls:
If she was wealthy and beautiful, the guardian himself would desire to marry her and would do so, but due to her being an orphan, there would be stinginess and injustice in giving her dowry (mahr); and if she was wealthy but unattractive, there would be aversion to marrying her, and there would be no interest in marrying her off to someone else either, so that her wealth would not leave their hands.
This noble verse put an end to both types of injustices and oppression, and it is from the miraculous eloquence of the Noble Qur’an that it accommodates both the meanings of aversion and interest.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4600
Maulana Dawood Raz
Hadith Commentary:
Men have been prohibited from marrying their orphan girls under their guardianship in an oppressive manner.
In such a case, if he marries her, then according to the apparentists (Ahl al-Zahir), that marriage will not be valid, and according to the majority (jumhur), it will be valid, but he will have to give her a mahr equivalent to that of her peers (mahr mithl).
Men have been prohibited from marrying their orphan girls under their guardianship in an oppressive manner.
In such a case, if he marries her, then according to the apparentists (Ahl al-Zahir), that marriage will not be valid, and according to the majority (jumhur), it will be valid, but he will have to give her a mahr equivalent to that of her peers (mahr mithl).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6965
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
If an orphan girl was unattractive and poor in terms of wealth, then the guardians would have no interest in her. But if she was wealthy and beautiful, they would resort to trickery and marry her themselves. The trickery in their case was that they would give her only a meager dowry (mahr). Allah Almighty has taken notice of this double standard in this noble verse. However, if they avoid trickery, give her full dowry (mahr) and act with justice and fairness, then it is permissible to marry such orphan girls.
➋
The position of the literalists (Ahl al-Zahir) is that if a guardian marries in such an oppressive manner, then the marriage is not valid. However, the majority of the scholars (jumhur ahl al-ilm) hold that the marriage is valid, but it is obligatory for the guardian to give the orphan girl a dowry equivalent to that of her peers (mahr mithl). In any case, such trickery is prohibited. A Muslim must avoid it under all circumstances. And Allah knows best.
➊
If an orphan girl was unattractive and poor in terms of wealth, then the guardians would have no interest in her. But if she was wealthy and beautiful, they would resort to trickery and marry her themselves. The trickery in their case was that they would give her only a meager dowry (mahr). Allah Almighty has taken notice of this double standard in this noble verse. However, if they avoid trickery, give her full dowry (mahr) and act with justice and fairness, then it is permissible to marry such orphan girls.
➋
The position of the literalists (Ahl al-Zahir) is that if a guardian marries in such an oppressive manner, then the marriage is not valid. However, the majority of the scholars (jumhur ahl al-ilm) hold that the marriage is valid, but it is obligatory for the guardian to give the orphan girl a dowry equivalent to that of her peers (mahr mithl). In any case, such trickery is prohibited. A Muslim must avoid it under all circumstances. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6965
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
The guardians of orphan girls used to commit various forms of injustice regarding marrying them, which Allah Almighty took notice of in Surah An-Nisa, verse 3 (). Then, to avoid these injustices, the guardians of such orphan girls adopted the cautious approach of refraining from marrying them altogether. However, this approach also proved to be harmful in several ways, because the degree of brotherhood and better treatment that could be available to them by marrying their guardians could never be attained by marrying outsiders. Sometimes, their lives would become extremely bitter. Through this final verse, guardians were granted permission to marry the orphan girls under their care, but with the condition that their dowry (mahr) should not be diminished and that all agreed-upon matters must certainly be fulfilled. Furthermore, other rights related to inheritance, etc., must also definitely be fulfilled.
The guardians of orphan girls used to commit various forms of injustice regarding marrying them, which Allah Almighty took notice of in Surah An-Nisa, verse 3 (). Then, to avoid these injustices, the guardians of such orphan girls adopted the cautious approach of refraining from marrying them altogether. However, this approach also proved to be harmful in several ways, because the degree of brotherhood and better treatment that could be available to them by marrying their guardians could never be attained by marrying outsiders. Sometimes, their lives would become extremely bitter. Through this final verse, guardians were granted permission to marry the orphan girls under their care, but with the condition that their dowry (mahr) should not be diminished and that all agreed-upon matters must certainly be fulfilled. Furthermore, other rights related to inheritance, etc., must also definitely be fulfilled.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5140
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In the two verses mentioned in the hadith, two types of women are described:
➊ The orphan girl whom the guardian desires to marry because of her beauty and wealth.
➋ The one whom the guardian has no interest in marrying due to her lack of beauty and wealth.
The meaning is that the orphan girl who does not possess wealth or beauty is neglected by you, and you seek other women for marriage. In this regard, you should also refrain from marrying those orphan girls whom you desire only because of their wealth and beauty, but do not intend to give them their due dower (mahr) according to custom.
However, if their rights are fulfilled and you intend to give the full dower (mahr), then in that case you have the right to marry them.
(2)
Imam Bukhari rahimahullah wishes to clarify regarding partnership in the wealth of the orphan, that partnership in the orphan’s wealth is only permissible if the benefit of the orphan is intended.
The statement of Allah, the Exalted, is:
“And they ask you about the orphans. Say: Improvement for them is best. And if you mix your affairs with theirs, they are your brothers. And Allah knows the corrupter from the reformer.” (al-Baqarah: 220: 2)
In short, in all matters concerning orphans, justice and fairness should be observed; even in partnership, this aspect must be kept in view.
And Allah knows best.
(1)
In the two verses mentioned in the hadith, two types of women are described:
➊ The orphan girl whom the guardian desires to marry because of her beauty and wealth.
➋ The one whom the guardian has no interest in marrying due to her lack of beauty and wealth.
The meaning is that the orphan girl who does not possess wealth or beauty is neglected by you, and you seek other women for marriage. In this regard, you should also refrain from marrying those orphan girls whom you desire only because of their wealth and beauty, but do not intend to give them their due dower (mahr) according to custom.
However, if their rights are fulfilled and you intend to give the full dower (mahr), then in that case you have the right to marry them.
(2)
Imam Bukhari rahimahullah wishes to clarify regarding partnership in the wealth of the orphan, that partnership in the orphan’s wealth is only permissible if the benefit of the orphan is intended.
The statement of Allah, the Exalted, is:
“And they ask you about the orphans. Say: Improvement for them is best. And if you mix your affairs with theirs, they are your brothers. And Allah knows the corrupter from the reformer.” (al-Baqarah: 220: 2)
In short, in all matters concerning orphans, justice and fairness should be observed; even in partnership, this aspect must be kept in view.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2494
Hafiz Muhammad Ameen
(1) The narrator of the hadith, Urwah ibn Zubayr, was the son of Asma, the elder sister of Aisha (radi Allahu anha). In relation, he was her nephew.
(2) "Asked"—because, apparently, no connection is understood between the condition and the consequence. Aisha (radi Allahu anha) explained in such detail that not only the meaning of this verse but also of other related verses became clear. May Allah reward her on our behalf with the best of rewards.
(3) The summary of Aisha’s (radi Allahu anha) explanation is that when a girl’s father would pass away and her heirs were her uncle or his sons, they would prioritize their own interests over that of the orphan girl. If she possessed abundant wealth and beauty, they would be eager to marry her, but would not give her a dowry (mahr) befitting her status, because their real aim was to acquire her wealth. And if she lacked wealth and beauty, then they would not even turn towards her. Allah, the Exalted, said that under no circumstances should you marry orphan girls—whether they are wealthy or poor—but rather, arrange their marriage outside the household so that their wealth remains with them and they receive their full dowry (mahr) as well. However, if the guardians and protectors give a dowry equal to or greater than that given by others, then they may marry them.
(4) It is understood from this that the dowry (mahr) for women should be as high as possible according to their personal and familial status. Setting a low dowry is an injustice to them, because the dowry is the woman’s right, not the guardians’. Guardians may show leniency regarding their own rights, but not in the rights of the woman. Justice is required in this matter: neither should it be set higher than her status for the sake of pride and boasting, nor lower than her status for one’s own benefit.
(2) "Asked"—because, apparently, no connection is understood between the condition and the consequence. Aisha (radi Allahu anha) explained in such detail that not only the meaning of this verse but also of other related verses became clear. May Allah reward her on our behalf with the best of rewards.
(3) The summary of Aisha’s (radi Allahu anha) explanation is that when a girl’s father would pass away and her heirs were her uncle or his sons, they would prioritize their own interests over that of the orphan girl. If she possessed abundant wealth and beauty, they would be eager to marry her, but would not give her a dowry (mahr) befitting her status, because their real aim was to acquire her wealth. And if she lacked wealth and beauty, then they would not even turn towards her. Allah, the Exalted, said that under no circumstances should you marry orphan girls—whether they are wealthy or poor—but rather, arrange their marriage outside the household so that their wealth remains with them and they receive their full dowry (mahr) as well. However, if the guardians and protectors give a dowry equal to or greater than that given by others, then they may marry them.
(4) It is understood from this that the dowry (mahr) for women should be as high as possible according to their personal and familial status. Setting a low dowry is an injustice to them, because the dowry is the woman’s right, not the guardians’. Guardians may show leniency regarding their own rights, but not in the rights of the woman. Justice is required in this matter: neither should it be set higher than her status for the sake of pride and boasting, nor lower than her status for one’s own benefit.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3348
