Hadithcore
Sahih al-Bukhari, 2494
sahih

Narrated `Urwa bin Az-Zubair:

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4:3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4:127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4:3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4:127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ عَبْدِ اللَّهِ الْعَامِرِيُّ الأُوَيْسِيُّ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ سَعْدٍ، عَنْ صَالِحٍ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي عُرْوَةُ، أَنَّهُ سَأَلَ عَائِشَةَ ـ رضى الله عنها ـ وَقَالَ اللَّيْثُ حَدَّثَنِي يُونُسُ عَنِ ابْنِ شِهَابٍ قَالَ أَخْبَرَنِي عُرْوَةُ بْنُ الزُّبَيْرِ أَنَّهُ سَأَلَ عَائِشَةَ ـ رضى الله عنها ـ عَنْ قَوْلِ اللَّهِ تَعَالَى ‏{‏وَإِنْ خِفْتُمْ‏}‏ إِلَى ‏{‏وَرُبَاعَ‏}‏‏.‏ فَقَالَتْ يَا ابْنَ أُخْتِي هِيَ الْيَتِيمَةُ تَكُونُ فِي حَجْرِ وَلِيِّهَا تُشَارِكُهُ فِي مَالِهِ، فَيُعْجِبُهُ مَالُهَا وَجَمَالُهَا، فَيُرِيدُ وَلِيُّهَا أَنْ يَتَزَوَّجَهَا بِغَيْرِ أَنْ يُقْسِطَ فِي صَدَاقِهَا، فَيُعْطِيهَا مِثْلَ مَا يُعْطِيهَا غَيْرُهُ، فَنُهُوا أَنْ يَنْكِحُوهُنَّ إِلاَّ 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 صلى الله عليه وسلم بَعْدَ هَذِهِ الآيَةِ فَأَنْزَلَ اللَّهُ ‏{‏وَيَسْتَفْتُونَكَ فِي النِّسَاءِ‏}‏ إِلَى قَوْلِهِ ‏{‏وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ‏}‏ وَالَّذِي ذَكَرَ اللَّهُ أَنَّهُ يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ الآيَةُ الأُولَى الَّتِي قَالَ فِيهَا ‏{‏وَإِنْ خِفْتُمْ أَنْ لاَ تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ‏}‏ قَالَتْ عَائِشَةُ وَقَوْلُ اللَّهِ فِي الآيَةِ الأُخْرَى ‏{‏وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ‏}‏ يَعْنِي هِيَ رَغْبَةُ أَحَدِكُمْ لِيَتِيمَتِهِ الَّتِي تَكُونُ فِي حَجْرِهِ، حِينَ تَكُونُ قَلِيلَةَ الْمَالِ وَالْجَمَالِ، فَنُهُوا أَنْ يَنْكِحُوا مَا رَغِبُوا فِي مَالِهَا وَجَمَالِهَا مِنْ يَتَامَى النِّسَاءِ إِلاَّ بِالْقِسْطِ مِنْ، أَجْلِ رَغْبَتِهِمْ عَنْهُنَّ‏.‏

References2 variants
In-Book Reference
Book 47, Hadith 12
USC-MSA web (English) reference
Vol. 3, Book 44, Hadith 674 (deprecated numbering scheme)
Sharh · explanationclick to expand
The wise Laws of Islam enjoins care for the orphans and preservation of their wealth, and regulates the affairs of guardianship over orphans’ wealth to best serve their interests. In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions)‘Urwah ibn Al-Zubayr asked his maternal aunt ‘Aa’ishah (may Allah be pleased with her), the Mother of the Believers, about the meaning of the ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. She (may Allah be pleased with her) said: “O my nephew,” since his mother was Asmaa’ bint Aboo Bakr (may Allah be pleased with them). “This is about an orphan girl who lives with her guardian,” meaning under his care. An orphan is a minor whose father passes away before he or she reaches puberty. She added: “and shares his property,” meaning invests her wealth in trade, “Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (i.e., dower) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr,” meaning the highest that may be paid to women of their same social standing. Otherwise, they were ordered to take one, two, three, or four wives from any other women. Thereafter, ‘Aa’ishah (may Allah be pleased with her) further stated that after that ayah was revealed, people again asked the Prophet ﷺ (about marriage with orphan girls). Therefore, Allah, Exalted is He, revealed the following ayah. He Says (what means): {And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, " Allah gives you a ruling about them and [about] what has been recited to you in the Book concerning the orphan girls to whom you do not give what is decreed for them - and [yet] you desire to marry them.} [Quran 4:127]. She (may Allah be pleased with her) underlined that what was meant by Allah's Saying in this ayah {what has been recited to you in the Book}, was the other ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. His Saying {and [yet] you desire to marry them,} [Quran 4:127] in the other ayah, means the desire of the guardian to marry an orphan girl under his guardianship and care when she has not much property or beauty (in which case he should treat her justly). This means that a guardian may marry off the orphan girl under his care, and he may want to marry her himself. Allah, Exalted is He, commanded him to pay her the due Mahr that is paid to other women or else marry another. Allah, Exalted is He, laid no restrictions on him to marry other women; He Says (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. Moreover, some guardians were not inclined to marry the orphan girls under their care because they possessed no beauty or adequate property in their views. Allah, Exalted is He, forbade them from refraining from marrying off such orphan girls to suitable suitors fearing that they would have a share in the joint property owned by the guardian and orphan girl. In the pre-Islamic era, a guardian used to throw his robe over orphan girls under his care and this meant that no one would be ever allowed to marry such an orphan girl. If she was beautiful, he would marry her and devour her wealth, and if she was not beautiful, he would deny her marriage until she died and he would inherit her! This unjust practice was deemed prohibited in Islam. It goes without saying that marriage - especially to an orphan girl - must be based on justice and what is permissible as per the laws of Islam. The hadeeth warns against the oppression and injustice committed against orphans, and urges guardians to fulfill their rights. It is also inferred therefrom that the guardians are entrusted with those placed under their care and guardianship, and that wronging them constitutes a breach of trust..
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