CHAP. IV.
Intitled, Women J; revealed at M e d i n a .
In the name of the moft merciful G od.
OMen, fear your L ord, who hath created' you out of one man, and
• out of'fiim created his wife, and from them two hath multiplied'many
men, and women: and fear G od by whom ye; befeech oiie another“ft and
refpe£i--vmma\ c~wbo have bbr/t you, for G od is watching over you. And give
t&e orphans wh'en ’they come to wg? their fubftance; and render them not in
exchange bad for good d : and devour not their fubftance, by adding it , to
your, Own fubftance1 ior-this is a'great fin. And i f ye fear that yd ihali
not awi t h equity towards orphans of the female fete, take in marriage of
ikeji other- women as pieafe M i B ® pr tbr^e, or fouy,. -epf Hot moref- But
s$;ye fear that, ye cannot; aftequisafely towardsfo many, mdrny ons.only, or
die; flaves which ye.ihali have acquired-*; This, will be eafier,. that ye fwerve
not from righteoufnefs, And give women theiphpwry freely i but if they
voluntarily remil unto you. any part’of it, enjoy-if with fatisfatftipn and advantage.
And' give not urito thofe who are weak of. underftanding, the fubftance
which Gqd hath appointed you to>prefcnre'ƒ«• them-, but maintain
them thereout, and, clothe them, and fpeak kindly unto them. And exa:
■’ '" f > 0 v v. -e - - • t ; ! • . mine
. ■ This title was-given to this chapter, becaufe
k chiefly treats pf matters relating to women ;
as* 'marriages, divor§e&* dp wer, prohibited-.degrees*
‘ ‘ , ,
b $ y 'w h om y o Bejeech one another]] faying, I
befeech thee for G od's fake z.
* „Women] Literally,- tbgmymbs.
*}Ientler~ them not in exchange bad f ir good
Thatjs, take not what ye find of value among
their effects to.your own ufe, and give them
worfe in ifs ftead.
e Arid i f ye fear thatyecannot aEt with equity
towards orphansjtf the female fex, See. ] Thecom-
mentators underftand this paflage differently.
The true meaning feems to be, as it is here
tranflated; Mohammed advifing his followers that
if they found they_IhouM' .wrong the. female orphans.;
u|der, their careV either by marrying
'them againft their inclinations, for the fake.of-
their riche's or beauty, or by not.ufirtg or maintaining
them fo well, as they, ought,, by reafon of
their having already feveral wives, they Ihould
rather chufetot ijrarry other women, to: avoiB all;
occaflon of fin z . Others fay that when this';
paffage v&s revealed, many of the. Arabians',
/earing trouble and temptation, refufed xo take.,
lippn them .the charge of orphans,, and*y et. multiplied
wives to a great excels, and ufed them
jill»jor, as others write, gave themfelves up to
fornication ; ' which occafiojied the. paffig^
And according to thefe, Its' 'meaning muft be:
either, that if they feared they could not aft juft*
ly towards orphans, they had as greatfreafon to
apprehepd they could not deal equitably with
fo many wiyesi and therefore are commanded to,
marry but.a certain number; or elfe, thatfince
fornication was a crime, as well as wronging of
.orphans, they ought,to avoid thatalfo, by mar-
ryingfaccording to their abilities 3.
1 Or thefiaves which ye Jhall have acquired-]-
For flaves requiring not jo large a dower, norfo
good and plentiful1-’ a maintenance as free women,
a man .might keep feyeral of the; former? as
eafily as one of the latter«
1 Al BflDAWI. % Idem* 3 Idem, , J a l l a l o ’ d d i n .
mine the orphans “' until they attain the age of marriageb: but if ye perceive
thev .are able to manage their affairs well, deliver their fubftance
unto them; and- wafte it not extravagantly, or haftily, becaufe they grow
c Let him who is rich abftain entirely from the orphans eftates-, and let
him who- is -poor take thereof according to. what Jhall be reafonable i. _ And
w.hen-ye deliver Their fubftance unjo them,; call witneffes thereof in their prefence:
G od. *aketh. fufficient account of yomactions. Men ought to have a
cart of what their parents andvkindred leave behind'them, when they die : and
women mo ought to have a/art of what their parents and kindred, leave
whether it be little; or whether;it be mu.ch ; a determinate part is due to
them. And when- they who afe of kin are prefent at the dividing of what,.
is left, and alfo’ the orphans, ahd the pqor; diftfcibute unto them fome part
diereo’f; and if 'the- efate be: too fmall, at- leaf: fpeak comfortably unto
them. And let thofeiear-to abufe orphans, who if they leave behind them a
weak' offspring, are foMcitous for them: let them therefore fear G od, and
fpeak that-which is convenientf. Surely they who devour the poffeflions of
orphans unjuflly, fhall fwallqw down nothing but fi.re.into their bellies, and
fcall broil in raging flames. .G od hath thus commanded you concerning your,
children. A male fhall have as much as the (hare of two females *: but if
they be females only,' and above two in number, they fhall have two third
parts of what the deceafed fhall leave“; and if there be but one, fhe fhall
have the half*. And the parents of the deceafed fhall have each of them a,
fixth part of what he fhall leave, if he have a child : but if he have no
child s and his parents be his heips, then his,mother fhall have, the third part“;
’ ■ ■ ■ . . . jAn<f
* Examine the orphans, &c.J i. e. Try whe-
they be well grounded in the principles of religion,
and have fufficient prudence for the management
of their affairs. Under this expref-
fion is alfo comprehended the duty of a curator’s
inftrufting his pupils in thofe refpe^ts.
bUntilthey attain the age of marriage;'].Ox age
of maturity, which is generally reckoned to be
fifteen r. a: dçclfion • fupportèd by a tradition of
their prophef; though Abu Èanîfah thinks eighteen
the proper age 1.
* Becaufe they grow up,] i. e. Becaufe they wiir
fhortly be of age, to receive what belongs tç>
them.
d According tp what, fhall b'e. reafonable - That
is, no more than what fliall make fufficient re-,
compenfe for the trouble of their 'education.
* Women ought to have 'a part o f what their pa-
rents arid kindred leave-] This law was given to,
abolifh à cuttom of the pagan Arabs,. who buffered
not women or children to have any paft
of their husband’s or father’s inheritance ; on
pretence that they only fhould inherit vVho were
able to go to war * .
* Let them fpeak that which is convenient]] viz»
Either to comfort the children, or to aflure the
dying father they fhall be juftly dealt b y 3.
* A male Jhall have as much as the Jhare of two,
females.] This is the general rule to be followed
in the diftribution o f the eftate of the deceafed,
as may be ooferved in the following cafes4..
b_Jf theta be, above, two in number, they fhall
have two third parts, &c.] Or if there be two and*
i*o more, they wilf have the fame fhare.
1 And the remaining third part, or the remaining
moiety of the eftate, which is not here
c^pjefly difpojfed of,if the deceafed*l6aves behind^
him no, fon^ nor a father, goes tp th§ public trea-
fqry. It rnufi be obferved that. Mj. Selden is certainly
miftaken, when in explaining this paflage.
o f the Ktjran, he fays, that w/ere there is a fon.
and ari only daughter, each of them will have a*,
moiety 1 : for the daughter can have a moiety
but in one cafe only, that is, where there is no
fon ; for if there be a fon, fhe can have, but
third, according to the abovementipn^d rule.
' k His mother Jhall bay# the third p,art ;]r And,
his father confequently the other two «birds 6.
1 ^/ Beidawi, 2 Idem. 3 Idem. 4 V. Prelim, DJJc> §• VI. 5 S sx .d e n , dejSutftJf ,
ad legs Ubrcsor. L 1. g i . 6 A l Beidawi.