Dealings with Orphans
2. Surah Al Baqarah
The Quranic Text & Ali’s Version:
فِي
الدُّنْيَا
وَالآخِرَةِ...
2: 220. (Their bearings) on this life and the Hereafter.
C243. Gambling and intemperance are social as well as individual sins. They may ruin us in our ordinary every-day worldly life, as well as our spiritual future.
In case it is suggested that there is no harm in a little indulgence, we are asked to think over all its aspects, social and individual, - worldly and spiritual.
... وَيَسْأَلُونَكَ عَنِ الْيَتَامَى...
They ask thee concerning orphans.
C244. For Orphans the best rule is to keep their property, household, and accounts separate, lest there should be any temptation to get a personal advantage to their guardian by mixing them with the guardian’s property, household accounts-also to keep clear of any ideas of marriage, where this fiduciary relation exist.
Quran 6:152 may possibly suggest complete separation. But it may be an economy and an advantage to the orphan to have his property and accounts administered with guardian’s property and accounts and to have him live in the guardian’s household, or to marry into the guardian’s family, especially where the orphan’s property is small and he or she has no other friend.
The test is:
what is best in the orphan’s interest?
If the guardian does fall into temptation, even if human law does not detect him, he is told he is sinning in Allah’s sight and that should keep him straight.
... قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِنْ تُخَالِطُوهُمْ فَإِخْوَانُكُمْ...
Say:
"The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren;
... وَاللّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ...
but Allah knows the man who means mischief from the man who means good.
... وَلَوْ شَاء اللّهُ لأعْنَتَكُمْ إِنَّ اللّهَ عَزِيزٌ حَكِيمٌ ﴿٢٢٠﴾
And if Allah had wished, He could have put you into difficulties:
He is indeed Exalted in Power, Wise."
C245. The idea in Islam is not to make Allah’s Law a burdensome fetter, but to ease a man’s path in all kinds of difficult situations by putting him on his honour and trusting him.
The strictest probity is demanded of him, but if he falls short of it, he is told that he cannot escape Allah’s punishment even though he may evade human punishment.
Asad’s Version:
2: 220
ASad .........And they will ask thee about orphans. Say: “To improve their condition is best.” And if you share their life, [remember that] they are your brethren [note 206]: for God distinguishes between him who spoils things and him who improves. …………
Yusuf Ali (Their bearings) on this life and the Hereafter. They ask thee concerning orphans. Say: "The best thing to do is what is for their good; if ye mix their affairs with yours they are your brethren; but Allah knows the man who means mischief from the man who means good. And if Allah had wished He could have put you into difficulties: He is indeed Exalted in Power Wise."
Pickthall Upon the world and the Hereafter. And they question thee concerning orphans. Say: To improve their lot is best. And if ye mingle your affairs with theirs, then (they are) your brothers. Allah knoweth him who spoileth from him who improveth. Had Allah willed He could have overburdened you. Allah is Mighty, Wise.
Transliteration Fid dunya_ wal a_khirah(ti), wa yas'alu_naka 'anil yata_ma_ qul isla_hul lahum khair(un), fa in tukha_litu_hum fa ikhwa_nukum, walla_hu ya'lamul mufsida minal muslih(i), wa lau sya_'alla_hu la'a'natakum innalla_ha 'azizun hakim(un).
[ Asad’s note 206 – The implication is that if one shares the life of an orphan in his charge, one is permitted to benefit by such as association – for instance, through a business partnership – provided this does not damage the orphan’s interests in any way.]
4. Sura an-Nisa
The Quranic Text & Ali’s Version:
وَآتُواْ
الْيَتَامَى
أَمْوَالَهُمْ
وَلاَ
تَتَبَدَّلُواْ
الْخَبِيثَ
بِالطَّيِّبِ...
4: 2. To orphans restore their property (when they reach their age), nor substitute (your) worthless things for (their) good ones;
... وَلاَ تَأْكُلُواْ أَمْوَالَهُمْ إِلَى أَمْوَالِكُمْ ...
and devour not their substance (by mixing it up) with your own.
C507. Justice to orphans is enjoined, and three things are particularly mentioned as temptations in the way of a guardian:
1. He must not postpone restoring all his ward's property when the time comes; subject to 4:5 below.
2. If there is a list of property, it is not enough that that list should be technically followed: the property restored must be of equal value to the property received:
the same principle applies where there is no list.
3. If property is managed together, or where perishable goods must necessarily be consumed, the strictest probity is necessary when the separation takes place, and this is insisted on.
... إِنَّهُ كَانَ حُوبًا كَبِيرًا ﴿٢﴾
For this is indeed a great sin.
وَإِنْ
خِفْتُمْ
أَلاَّ
تُقْسِطُواْ
فِي
الْيَتَامَى
فَانكِحُواْ
مَا
طَابَ
لَكُم
مِّنَ
النِّسَاء
مَثْنَى
وَثُلاَثَ
وَرُبَاعَ...
4: 3. If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four;
C508. Notice the conditional clause about orphans, introducing the rules about marriage.
This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity.
The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependants if you have any. If not, make other arrangements for the orphans.
... فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ...
but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess.
... ذَلِكَ أَدْنَى أَلاَّ تَعُولُواْ ﴿٣﴾
That will be more suitable, to prevent you from doing injustice.
C509. The unrestricted number of wives of the "Times of Ignorance" was now strictly limited to a maximum of four, provided you could treat them with equality. (R).
وَآتُواْ
النَّسَاء
صَدُقَاتِهِنَّ
نِحْلَةً...
4: 4. And give the women (on marriage) their dower as a free gift;
... فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا ﴿٤﴾
but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.
وَلاَ
تُؤْتُواْ
السُّفَهَاء
...
4: 5. To those weak of understanding
C510. This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law.
Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely; his right is limited by the good of his family of which he is a member, and if he is incapable of understanding it, his control should be removed.
This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity.
... أَمْوَالَكُمُ الَّتِي جَعَلَ اللّهُ لَكُمْ قِيَاماً...
make not over your property, which Allah hath made a means of support for you,
C511. Your property: Ultimately all property belongs to Allah, and is intended for the support of his close relations.
It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness.
While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable.
... وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا ﴿٥﴾
but feed and clothe them therewith, and speak to them words of kindness and justice.
وَابْتَلُواْ
الْيَتَامَى
حَتَّىَ
إِذَا
بَلَغُواْ
النِّكَاحَ
...
4: 6. Make trial of orphans until they reach the age of marriage;
C512. The age of marriage is the age when they reach their majority.
... فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ...
if then ye find sound judgment in them, release their property to them;
... وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ ...
but consume it not wastefully, nor in haste against their growing up.
... وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ...
If the guardian is well-off, let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable.
... فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ...
When ye release their property to them, take witnesses in their presence:
... وَكَفَى بِاللّهِ حَسِيبًا ﴿٦﴾
but all-sufficient is Allah in taking account.
C513. It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allah.
If you are righteous in Allah's eyes, you must follow these stricter standards.
وَاعْبُدُواْ
اللّهَ
وَلاَ
تُشْرِكُواْ
بِهِ
شَيْئًا...
4:36. Serve Allah, and join not any partners with Him:
... وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى ...
and do good to;
- parents,
- kinsfolk,
- orphans,
- those in need,
- neighbors who are near,
... وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالجَنبِ وَابْنِ السَّبِيلِ ...
neighbors who are strangers, the companion by your side,
the wayfarer (ye meet),
C552. The Companion by your side may be your intimate friends and associates, just as the way-farer you meet may be a casual acquaintance on your travels.
This last is much wider than the "stranger within your gate."
... وَمَا مَلَكَتْ أَيْمَانُكُمْ ...
and what your right hands possess:
C553. What your right hands possess: For the meaning of the phrase see n. 537 above. [[C537. Whom your right hands possess: i.e., captives in a Jihad. ]]
... إِنَّ اللّهَ لاَ يُحِبُّ مَن كَانَ مُخْتَالاً فَخُورًا ﴿٣٦﴾
for Allah loveth not the arrogant, the vainglorious;
وَيَسْتَفْتُونَكَ
فِي
النِّسَاء...
4: 127. They ask thy instruction concerning the women.
... قُلِ اللّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ...
Say: Allah doth instruct you about them:
and (remember) what hath been rehearsed unto you in the Book,
C636. Again and again is it impressed on the community of Islam to be just in their dealings with women, orphans, children, and all whose weakness requires special consideration.
The law about widows and orphans, inheritance, dower, and marriage had already been declared in 4:2-35 and further instructions are now given on a further reference.
It was not right that anyone should take advantage of their helpless position to deprive them of dower or of their portion in inheritance.
... فِي يَتَامَى النِّسَاء الَّلاتِي لاَ تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ...
concerning the orphans of women to whom ye give not the portions prescribed, and yet whom ye desire to marry,
... وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَن تَقُومُواْ لِلْيَتَامَى بِالْقِسْطِ ...
as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans.
Both widows and orphans are to be helped because they are ordinarily weak, ill-treated, and oppressed.
In communities which base their civil rights on brute strength, the weaker go to the wall, and public opinion expects nothing else. In Nietzsche's philosophy of the Superman that doctrine is stressed strongly, and some of the militarist nations in our own time seem inclined to support this reversion to our primitive instincts. Even in modern democracies of the saner sort, we are often told that it is the fate of minorities to suffer; strength of numbers here becomes the passport to power and privilege.
Islam, while upholding sane manly views in general, enjoins the most solicitous care for the weak and oppressed in every way-in rights of property, in social rights, and in the right to opportunities of development.
Spiritual strength or weakness does not necessarily go with physical or numerical strength.
... وَمَا تَفْعَلُواْ مِنْ خَيْرٍ فَإِنَّ اللّهَ كَانَ بِهِ عَلِيمًا ﴿١٢٧﴾
There is not a good deed which ye do, but Allah is well-acquainted therewith.
Asad’s Version:
4: 2
Yusuf Ali To orphans restore their property (when they reach their age) nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a great sin.
Pickthall Give unto orphans their wealth. Exchange not the good for the bad (in your management thereof) nor absorb their wealth into your own wealth. Lo! that would be a great sin.
Transliteration Wa a_tul yata_ma_ amwa_lahum wa la_ tatabaddalul khabisa bit tayyib(i), wa la_ ta'kulu_ amwa_lahum ila_ amwa_likum, innahu_ ka_na hu_ban kabira_(n).
4: 3
Asad If you have reason to fear that you might not act equitably towards orphans, then marry from among [other] women such as are lawful to you [note 3] – [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one – or [from among] those whom you rightfully possess [note 4]. This will make it more likely that you will not deviate from the right course.
Yusuf Ali If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.
Pickthall And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice.
Transliteration Wa in khiftum alla tuqsitu_ fil yata_ma_ fankihu_ ma_ ta_ba lakum minan nisa_'i masna_ wa sula_sa wa ruba_'(a), fa in khiftum alla_ ta'dilu_ fawa_hidatan au ma_ malakat aima_nukum, za_lika adna_ alla_ ta'a_lu_.
[[ Ali’s notes - 507 Justice to orphans is enjoined, and three things are particularly mentioned as temptations in the way of a guardian: (I) He must not postpone restoring all his ward's property when the time comes; subject to iv. S below. (2) If there is a list of property, it is not enough that that list should be technically followed: the property restored must be of equal value to the property received: the same principle applies where there is no list. (3) If property is managed together, or where perishable goods must necessarily be consumed, the strictest probity is necessary when the separation takes place, and this is insisted on. See also ii. 220 and note. (4.2)
508 Notice the conditional clause about orphans, introducing the rules about marriage. This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity. The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependents if you have any. If not, make other arrangements for the orphans. (4.3)
539 As the woman in marriage surrenders her person, so the man also must surrender at least some of his property according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards each other with the greatest confidence and liberality. (4.3) ]]
[[ Asad’s note 3 – Lit., “such as are good for you” – i.e., women outside the prohibited degrees enumerated in verses 22-23 of this surah (Zamakhshari, Razi). According to an interpretation suggested by Aishah, the Prophet’s widow, this refers to the (hypothetical) case of orphan girls whom their guardians might wish to marry without, however, being prepared or able to give them an appropriate marriage-portion-the implication being that they should avoid the temptation of committing such an injustice and should marry other women instead(cf Bukhari, Kitab………….)………….”you must apply the same careful consideration to the interests and rights of the women whom you intent to marry.”…………..]]
4: 4
Yusuf Ali And give the women (on marriage) their dower as a free gift; but if they of their own good pleasure remit any part of it to you take it and enjoy it with right good cheer.
Pickthall And give unto the women, (whom ye marry) free gift of their marriage portions; but if they of their own accord remit unto you a part thereof, then ye are welcome to absorb it (in your wealth).
Transliteration Wa a_tun nisa_'a saduqa_tihinna nihlah(tan), fa in tibna lakum 'an syai'im minhu nafsan fakulu_hu hani'am mari'a_(n).
4: 5
Asad And do not entrust to those who are weak of judgment the possessions which God has placed in your charge [note 6] for [their] support; but let them have their sustenance there from, and clothe them, and speak unto them in a kindly way.
Yusuf Ali To those weak of understanding make not over your property which Allah hath made a means of support for you but feed and clothe them therewith and speak to them words of kindness and justice.
Pickthall Give not unto the foolish (what is in) your (keeping of their) wealth, which Allah hath given you to maintain; but feed and clothe them from it, and speak kindly unto them.
Transliteration Wa la_ tu'tus sufaha_'a amwa_lakumul lati ja'alalla_hu lakum qiya_maw warzuqu_hum fiha_ waksu_hum wa qu_lu_ lahum qaulam ma'ru_fa_(n).
[Asad’s note 6 – Lit., “your possession which God has assigned to you”. The context makes it obvious that this relates to the property of orphans who have not yet reached t he age of discretion and are, therefore, “weak of judgment” (lit., “weak-minded”). ]]
[[ Ali’s notes - 510 This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law. Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely; his right is limited by the good of his family of which he is a member, and if he is incapable of understanding it, his control should be removed. This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity. (4.5)
511 Your property: Ultimately all property belongs to Allah, and is intended for the support of his close relations. It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness. While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable. (4.5)
512 The age of marriage is the age when they reach their majority. (4.6)
513 It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allah. If you are righteous in Allah's eyes, you must follow these stricter standards. (4.6) ]]
4: 6
Yusuf Ali Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them release their property to them; but consume it not wastefully nor in haste against their growing up. If the guardian is well-off let him claim no remuneration but if he is poor let him have for himself what is just and reasonable. When ye release their property to them take witnesses in their presence: but all-sufficient is Allah in taking account.
Pickthall Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not squandering and in haste lest they should grow up. Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.
Transliteration Wabtalul yata_ma_ hatta_ iza_ balagun nika_h(a), fa in a_nastum minhu rusydan fadfa'u_ ilaihim amwa_lahum, wa la_ ta'kulu_ha_ isra_faw wa bida_ran ay yakbaru_, wa man ka_na ganiyyan falyasta'fif, wa man ka_na faqiran falya'kul bil ma'ru_f(i), fa iza_ dafa'tum ilaihim amwa_lahum fa asyhidu_'alaihim, wa kafa_ billa_hi hasiba_(n).
4:36 and worship God [alone], and do not ascribe divinity, in any way, to aught beside Him.
And do good unto your parents, and near of kin, and unto orphans, and the needy, and the neighbor from among your own people, and the neighbor who is a stranger, and the friend by your side, and the wayfarer, and those whom you rightfully possess.
Pickthall’s version
And serve Allah. Ascribe no thing as partner unto Him. (Show) kindness unto parents, and unto near kindred, and orphans, and the needy, and into the neighbor who is of kin (unto you) and the neighbor who is not of kin and the fellow traveller and the wayfarer and (the slaves) whom your right hands possess. Lo! Allah loveth not such as are proud and boastful,
[[ Ali’s notes - C550. The essence of Islam is to serve Allah and do good to your fellow-creatures. This is wider and more comprehensive than "Love God and love your neighbour".
For it includes duties to animals as our fellow-creatures, and emphasises practical service rather than sentiment.
C554. Real deeds of service and kindness proceed, not from showing off or from a superior sort of condescension (cf. "White Man's Burden"), but from a frank recognition of our own humility and the real claims, before Allah, of all our fellow-creatures.
For in our mutual needs we are equal before Allah, or perhaps the best of us (as the world sees us) may be worse than the worst of us (from the same point of view).]]
[[ Asad’s note 46 – The expression “shay’an (here rendered as “in any way”) makes it clear that “shirk” (“the ascribing of divinity to anything beside God”) is not confined to a worship of other “deities”, but implies also the attribution of divine or quasi-divine powers to persons or objects not regarded as deities: in other words, it embraces also saint-worshiping, etc.]
47 - ………..The Prophet often stressed a believer’s moral obligation towards his neighbors, whatever their faith…………….]]
[[ Ali’s notes :
550 The essence of Islam is to serve Allah and do good to your fellow-creatures. This is wider and more comprehensive than "Love God and love your neighbour". For it includes duties to animals as our fellow-creatures, and emphasises practical service rather than sentiment. (4.36)
551 Neighbours who are near: that is, in local situation as well as intimate relationships, just as neighbours who are strangers includes those whom we do not know or who live away from us. (4.36)
552 The Companion by your side may be your intimate friends and associates, just as the way-farer you meet may be a casual acquaintance on your travels. This last is much wider than the "stranger within your gate." (4.36)
553 What your right hands possess: For the meaning of the phrase see n. 537 above. (4.36)
554 Real deeds of service and kindness proceed, not from showing off or from a superior sort of condescension (cf. "White Man's Burden"), but from a frank recognition of our own humility and the real claims, before Allah, of all our fellow-creatures. For in our mutual needs we are equal before Allah, or perhaps the best of us (as the world sees us) may be worse than the worst of us (from the same point of view). (4.36) ]]
4: 127
Asad And they will ask you to enlightened them about the laws concerning women [note 145]. Say: “God [Himself] enlightens you about the laws concerning them” – for [His will is shown] in what is being conveyed unto you through this divine writ about orphan women [in your charge], to whom – because you yourselves may be desirous of marrying them – you do not give that which has been ordained for them [note 146];
and about helpless children; and about your duty to treat orphans with equity. And whatever good you may do – behold, God has indeed full knowledge thereof.
Yusuf Ali They ask thy instruction concerning the women. Say: Allah doth instruct you about them: and (remember) what hath been rehearsed unto you in the Book concerning the orphans of women to whom ye give not the portions prescribed and yet whom ye desire to marry as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do but Allah is well-acquainted therewith.
Pickthall They consult thee concerning women. Say: Allah give to you decree concerning them, and the Scripture which hath been recited unto you (giveth decree), concerning female orphans unto whom ye give not that which is ordained for them though ye desire to marry them, and (concerning) the weak among children, and that ye should deal justly with orphans. Whatever good ye do, lo! Allah is ever Aware of it.
Transliteration Wa yastaftu_naka fin nisa_'(i), qulilla_hu yuftikum fihinn(a), wa ma_ yutla_ 'alaikum fil kita_bi fi yata_man nisa_'il la_ti la_ tu'tu_nahunna ma_ kutiba lahunna wa targabu_na an tankihu_hunna wal mustad'afina minal wilda_n(i), wa an taqu_mu_ lilyata_ma_ bil qist(i), wa ma_ taf'alu_ min khairin fa innalla_ha ka_na bihi 'alima_(n).
[[ Asad’s note 145 – I.e., the relating t marital relations, women’s share in inheritance, etc. A ‘fatwa’ or ‘ifta’ denotes the “classification of a legal injunction” given
in reply to a question; correspondingly, the verb ‘istaftahu’ means “he asked him to give a legal decision”, or “to enlighten him about a [particular] law”.
Since, the laws alluded to in the above passage have already been dealt with early in this surah, the repeated reference to them is meant to stress the great importance of the problems involved, as well as the responsibility which men bear towards their physiologically weaker counterparts.
IN accordance with the system prevailing throughout the Quran, a lengthy passage dealing with purely moral or ethical questions is usually – as in the present case – followed by verses relating to social legislation, and this with a view to bringing out the intimate connection between man’s spiritual life and his social behavior.]]
[[ Ali’s notes - 636 Again and again is it impressed on the community of Islam to be just in their dealings with women, orphans, children, and all whose weakness requires special consideration. The law about widows and orphans, inheritance, dower, and marriage had already been declared in iv. 2-35 and further instructions are now given on a further reference. It was not right that anyone should take advantage of their helpless position to deprive them of dower or of their portion in inheritance. (4.127) ]]
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6. Sura al-Anam
The Quranic Text & Ali’s Version:
قُلْ
تَعَالَوْاْ
أَتْلُ
مَا
حَرَّمَ
رَبُّكُمْ
عَلَيْكُمْ
...
6: 151. Say:
"Come, I will rehearse what Allah hath (really) prohibited you from":
C976. Instead of following Pagan superstitions, and being in constant terror of imaginary taboos and prohibitions, we should study the true moral law, whose sanction is Allah's Law.
The first step is that we should recognise that He is the One and Only Lord and Cherisher. The mention of goodness to parents immediately afterwards suggests:
- that Allah's love of us and care for us may -on an infinitely higher plane- be understood by our ideal of parental love, which is purely unselfish;
- that our first duty among our fellow creatures is to our father and mother, whose love leads us to the conception of divine love.
Arising from that is the conception of our converse duties to our children. Allah provides sustenance (material and spiritual) not only for us, but for them; hence any custom like the Pagan custom of sacrificing children of Moloch stands condemned.
Then come the moral prohibitions against lewdness and all unseemly acts, relating to sex or otherwise, open or secret. This is followed by the prohibition of killing or fighting.
All these things are conformable to our own interests, and therefore true wisdom from our own point of view.
...أَلاَّ تُشْرِكُواْ بِهِ شَيْئًا ...
- join not anything as equal with Him;
...وَبِالْوَالِدَيْنِ إِحْسَانًا...
- be good to your parents:
...وَلاَ تَقْتُلُواْ أَوْلاَدَكُم مِّنْ إمْلاَقٍ نَّحْنُ نَرْزُقُكُمْ وَإِيَّاهُمْ...
- kill not your children on a plea of want; -- We provide sustenance for you and for them; --
...وَلاَ تَقْرَبُواْ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ...
- come not nigh to shameful deeds, whether open or secret;
...وَلاَ تَقْتُلُواْ النَّفْسَ الَّتِي حَرَّمَ اللّهُ إِلاَّ بِالْحَقِّ...
- take not life, which Allah hath made sacred, except by way of justice and law:
C977. For the comprehensive word haqq I have used the two words "justice and law"; other significations implied are:
right, truth, what is becoming, etc.
It is not only that human life is sacred, but all life is sacred. Even in killing animals for food, a dedicatory formula "in the name of Allah" has to be employed, to make it lawful:
see 698 to 5:4, and n. 962 to 6:138.
...ذَلِكُمْ وَصَّاكُمْ بِهِ لَعَلَّكُمْ تَعْقِلُونَ ﴿١٥١﴾
thus doth He command you, that ye may learn wisdom.
وَلاَ
تَقْرَبُواْ
مَالَ
الْيَتِيمِ
إِلاَّ
بِالَّتِي
هِيَ
أَحْسَنُ
حَتَّى
يَبْلُغَ
أَشُدَّهُ...
6: 152. - And come not nigh to the orphan's property, except to improve it, until he attain the age of full strength;
...وَأَوْفُواْ الْكَيْلَ وَالْمِيزَانَ بِالْقِسْطِ ...
- give measure and weight with (full) justice;
...لاَ نُكَلِّفُ نَفْسًا إِلاَّ وُسْعَهَا...
no burden do We place on any soul, but that which it can bear;
...وَإِذَا قُلْتُمْ فَاعْدِلُواْ وَلَوْ كَانَ ذَا قُرْبَى...
- whenever ye speak, speak justly, even if a near relative is concerned;
...وَبِعَهْدِ اللّهِ أَوْفُواْ...
- and fulfil the Covenant of Allah:
...ذَلِكُمْ وَصَّاكُم بِهِ لَعَلَّكُمْ تَذَكَّرُونَ ﴿١٥٢﴾
thus doth He command you, that ye may remember.
وَأَنَّ
هَـذَا
صِرَاطِي
مُسْتَقِيمًا
فَاتَّبِعُوهُ...
6: 153. Verily, this is My Way, leading straight: follow it:
...وَلاَ تَتَّبِعُواْ السُّبُلَ فَتَفَرَّقَ بِكُمْ عَن سَبِيلِهِ ...
follow not (other) paths: they will scatter you about from His (great) path:
...ذَلِكُمْ وَصَّاكُم بِهِ لَعَلَّكُمْ تَتَّقُونَ ﴿١٥٣﴾
thus doth He command you that ye may be righteous.
C979. Note again the triple refrain with variations, in 6:151, 152, and 153.
- In verse 151, we have the moral law, which it is for our own good to follow: "Thus doth He command you, that ye may learn wisdom."
- In verse 152, we have to deal justly and rightly with others; we are apt to thing too much of ourselves and forget others: "Thus doth He command you, that ye may remember."
- In verse 153 our attention is called to the Straight Way, the Way of Allah, the only Way that leads to righteousness: "Thus doth He command you, that ye may be righteous."
Asad’s Version:
6: 151 Say: “Come, let me convey unto you what God has [really] forbidden to you;
Do not ascribe divinity, in any way, to aught beside Him;
and do good unto your parents;
and do not kill your children for fear of poverty – for it is We who shall provide sustenance for you as well as for them;
and do not commit any shameful deeds, be they open or secret;
and do not take any human being’s life – which God has declared to be sacred –otherwise than in [the pursuit of] justice;
this has He enjoined upon you so that you might use your reason;
6: 152 And do not touch the substance of an orphan – save to improve it – before he comes of age.”
And give full measure and weight, with equity : [however], We do not burden any human being with more than he is well able to bear; and when you voice an opinion, be just, even though it be against one near of kin.”
And [always] observe your bond with God: this has He enjoined upon you, so that you might keep it in mind.
6: 153 and [know] that this is the way leading straight unto Me: follow it, then, and follow not other ways, lest they cause you to deviate from His way. [All] this has He enjoined upon you, so that you might remain conscious of Him. Asad
6: 151
Yusuf Ali Say: "Come I will rehearse what Allah hath (really) prohibited you from": join not anything as equal with Him; be good to your parents: kill not your children on a plea of want; We provide sustenance for you and for them; come not nigh to shameful deeds whether open or secret; take not life which Allah hath made sacred except by way of justice and law: thus doth He command you that ye may learn wisdom.
Pickthall Say: Come, I will recite unto you that which your Lord hath made a sacred duty for you: that ye ascribe no thing as partner unto Him and that ye do good to parents, and that ye slay not your children because of penury--We provide for you and for them--and that ye draw not nigh to lewd things whether open or concealed. And that ye slay not the life which Allah hath made sacred, save in the course of justice. This He hath commanded you, in order that ye may discern.
Transliteration Qul ta'a_lau atlu ma_ harrama rabbukum 'alaikum alla_ tusyriku_ bihi syai'aw wa bil wa_lidaini ihsa_na_(n), wa la_ taqtulu_ aul_dakum min imla_q(in), nahnu narzuqukum wa iyya_hum, wa la_ taqrabul fawa_hisya ma_ zahara minha_ wa ma_ batan(a), wa la_ taqtulun nafsal lati harramalla_hu illa_ bil haqq(i), za_likum wassa_kum bihi la'allakum ta'qilu_n(a).
6: 152
Yusuf Ali And come not nigh to the orphan's property except to improve it until he attain the age of full strength; give measure and weight with (full) justice; no burden do We place on any soul but that which it can bear; whenever ye speak speak justly even if a near relative is concerned; and fulfil the Covenant of Allah: thus doth He command you that ye may remember.
Pickthall And approach not the wealth of the orphan save with that which is better; till he reach maturity. Give full measure and full weight, in justice. We task not any soul beyond its scope. And if ye give your word, do justice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you that haply ye may remember.
Transliteration Wa la_ taqrabu_ ma_lal yatimi illa_ billati hiya ahsanu hatta_ yabluga asyuddah(_),wa auful kaila wal miza_na bil qist(i), la_ nukallifu nafsan illa_ wus'aha_, wa iza_ qultum fa'dilu_ wa lau ka_na za_ qurba_, wa bi'ahdilla_hi aufu_, za_likum wassa_kum bihi la'allakum tazakkaru_n(a).
6: 153
Yusuf Ali Verily this is My Way leading straight: follow it: follow not (other) paths: they will scatter you about from His (great) path: thus doth He command you that ye may be righteous.
Pickthall And (He commandeth you, saying) : This is My straight path, so follow it Follow not other ways, lest ye be parted from His way: This hath He ordained for you, that ye may ward off (evil).
Transliteration Wa anna ha_za_ sira_ti mutaqiman fattabi'u_h(u), wa la_ tattabi'us subula fa tafarraqa bikum 'an sabilih(i), za_likum wassa_kum bihi la'allakum tattaqu_n(a).
[[ Asad’s note -
[[ Ali’s notes - 976 Instead of following Pagan superstitions, and being in constant terror of imaginary taboos and prohibitions, we should study the true moral law, whose sanction is God's Law. The first step is that we should recognise that He is the One and Only Lord and Cherisher. The mention of goodness to parents immediately afterwards suggests: (1) that God's love of us and care for us may -on an infinitely higher plane- be understood by our ideal of parental love, which is purely unselfish; (2) that our first duty among our fellow creatures is to our father and mother, whose love leads us to the conception of divine love. Arising from that is the conception of our converse duties to our children. God provides sustenance (material and spiritual) not only for us, but for them; hence any custom like the Pagan custom of sacrificing children of Moloch stands condemned. Then come the moral prohibitions against lewdness and all unseemly acts, relating to sex or otherwise, open or secret. This is followed by the prohibition of killing or fighting. All these things are conformable to our own interests, and therefore true wisdom from our own point of view. (6.151)
977 For the comprhensive word haqq I have used the two words "justice and law"; other significations implied are: right, truth, what is becoming, etc. It is not only that human life is sacred, but all life is sacred. Even in killing animals for food, a dedicatory formula "in the name of God" has to be employed, to make it lawful: see n. 698 to v. 5, and n. 962 to vi. 138. (6.151)
978 Cf. v. 1, and n. 682. (6.152)
979 Note again the triple refrain with variations, in vi. 151, 152, and 153. In verse 151, we have the moral law, which it is for our own good to follow: "Thus doth He command you, that ye may learn wisdom." In verse 152, we have to deal justly and rightly with others; we are apt to think too much of ourselves and forget others: "Thus doth He command you, that ye may remember." In verse 153 our attention is called to the Straight Way, the Way of God, the only Way that leads to righteousness: "Thus doth He command you, that ye may be righteous." (6.153) ]]
17. Surah Al Isra
The Quranic Text & Ali’s Version:
وَلاَ تَقْرَبُواْ
مَالَ الْيَتِيمِ
إِلاَّ بِالَّتِي
هِيَ أَحْسَنُ ...
17: 34. Come not nigh to the orphan's property except to improve it,
C2217. Cf. 6:152, and other passages relating to orphans, e.g., 2:220.
If an orphan's property is touched at all, it should be to improve it, or to give him something better than he had before,
- never to take a personal advantage for the benefit of the guardian.
A bargain that may be quite fair as between two independent persons would be, under this verse, unfair as between a guardian and his orphan ward until the latter attains the full age of understanding.
... حَتَّى يَبْلُغَ أَشُدَّهُ...
until he attains the age of full strength;
C2218. Ashuddahu means the age when the orphan reaches his full maturity of strength and understanding, say between the ages of 18 and 30.
The age of legal maturity may be 18 (as for certain purposes in India) or 21 (as in England). For certain purposes in Muslim law it may be less than 18.
In the orphan's interest a much stricter standard is required in his case.
...وَأَوْفُواْ بِالْعَهْدِ ...
and fulfil (every) engagement, for (every)
C2219. The definite article al has here a generic meaning, and is best translated by "every".
... إِنَّ الْعَهْدَ كَانَ مَسْؤُولاً ﴿٣٤﴾
engagement will be enquired into (on the Day of Reckoning).
C2220. From the context the engagements referred to would relate to beneficial contracts connected with the orphan's property or promises or undertakings given by the guardian or implied in the terms of his appointment. But the words are general and may be interpreted in the general sense.
Note that this sentence does not occur in the similar passage in 6:152, where there was a discussion of social laws: it is appropriate here, where the discussion is about the guardian's personal and individual responsibility in a spiritual sense.
Asad’s Version:
17: 34
Yusuf Ali Come not nigh to the orphan's property except to improve it until he attains the age of full strength; and fulfil (every) engagement for (every) engagement will be enquired into (on the Day of Reckoning).
Pickthall Come not near the wealth of the orphan save with that which is better till he come to strength; and keep the covenant. Lo! of the covenant it will be asked.
Yuksel
17:34 Do not go near the orphan's money, except for what is best, until he reaches maturity. Fulfill your oath, for the oath brings responsibility.
Transliteration Wa la_ ataqrabu_ ma_lal yatimi illa_ billati hiya ahasanu hatta_ yabluga asyuddah(u_),wa aufu_ bil 'ahd(i), innal 'ahda ka_na mas'u_lu_(n).
[[ Ali’s notes - 2217 Cf. vi. 152, and other passages relating to orphans, e.g., ii. 220. If an orphan's property is touched at all, it should be to improve it, or to give him something better than he had before,-never to take a personal advantage for the benefit of the guardian. A bargain that may be quite fair as between two independent persons would be, under this verse, unfair as between a guardian and his orphan ward until the latter attains the full age of understanding. (17.34)
2218 Ashuddahu means the age when the orphan reaches his full maturity of strength and understanding, say between the ages of 18 and 30. The age of legal maturity may be 18 (as for certain purposes in India) or 21 (as in England). For certain purposes in Muslim law it may be less than 18. In the orphan's interest a much stricter standard is required in his case. (17.34)
2219 The definite article al has here a generic meaning, and is best translated by "every". (17.34)
2220 From the context the engagements referred to would relate to beneficial contracts connected with the orphan's property or promises or undertakings given by the guardian or implied in the terms of his appointment. But the words are general and may be interpreted in the general sense. Note that this sentence does not occur in the similar passage in vi. 152, where there was a discussion of social laws: it is appropriate here, where the discussion is about the guardian's personal and individual responsibility. (17.34) ]]