تَنكِحُوهُنَّ

4:4.

Important Words:

یستفتونك (they seek of thee the decision of the Law) and یفتیکم (gives you His decision) are both derived from فتو or فتی i.e.he was or became youthful, or he was in the prime of life. فتا الرجل means, he surpassed the man in فتوة i.e. in generosity. افتاه فی الامر means, he made known or explained to him the decision of the Shari‘ah respecting the matter; or he gave him an answer stating the decision of the Law respecting a question. استفتیت الفقیه فی الامر means, I asked or sought of the jurist or the lawyer or the learned man the decision of the Shari‘ah respecting the matter. فتوی therefore means, an explanation or notification or pronouncement of the decision of the Law in some dubious or difficult matter given by a jurist or a lawyer or a man learned in religious Law. استفتاء means, asking or seeking of a jurist or a lawyer or a learned man the decision of the Law (Shari‘ah) in a certain dubious or difficult matter (Lane & Aqrab). The expression إفتا rendered in the verse as gives you the decision, is also sometimes used in the sense of permitting or giving permission, as in the well-known hadith الاثم ماحك فی صدرك وان افتاك الناس i.e. a sin is that which pricks in thy mind even if people should say that it is permissible (Lisan). In this case the Quranic clause الله یفتیکم rendered as, Allah gives you His decision, may also be translated as "Allah gives you permission".

Commentary:

The verse which has been differently translated is considered to be a rather difficult one. The decision spoken of in the clause, Allah gives you His decision, refers to what follows in the succeeding verses, i.e. 4:129-131.

The allusion in the words, that which is recited to you in the Book, is to verse 4:4 in the beginning of the present Surah. It was prohibited to Muslims to marry those orphan girls whose rights they could not adequately discharge. ‘Umar, the Holy Prophet’s Second Successor, would not allow the guardians of wealthy and handsome orphan girls to marry them but would insist on better husbands being found for them. On the other hand, if they were not so wealthy or handsome, he recommended them to their guardians for marriage so that, being acquainted with their defects and weaknesses, they might overlook their shortcomings and deal kindly with them. For further instructions about good treatment of orphans; see 4: 6, 7.

Generally speaking the clause, Allah gives you His decision regarding them (women) and so does that which is recited to you in the Book concerning the orphan girls, means that some instructions about women have already been given in the Quran and other instructions follow.

4:5, 25.

2:222.

Commentary:

Here is a testimony to the irresistible appeal of the Message of Islam. At a time when Muslims were being bitterly persecuted and it was not safe to leave Mecca and join the Muslim Community at Medina, a continuous stream of believers was pouring into Medina, leaving behind in Mecca their dear and near ones. These Refugees contained a fair number of women among them. The verse under comment refers to such refugee Muslim women. The verse also constitutes an eloquent commentary on the Holy Prophet’s anxiety not to accept into the Muslim Community any woman who had fled from Mecca unless there was proof available, after subjecting her to searching examination, that she was sincere, and honest in her faith and that she was accepting Islam out of no ulterior or otherwise objectionable motives. The verse further states that the marriage-tie between a refugee believing woman and her dis-believing husband becomes dissolved when she joins the Muslim Community, and a believer is allowed to marry such a woman, provided he fulfils two conditions: (a) He should have paid back to the disbelieving husband of such woman what the latter had spent on her, and (b) he should also have fixed or paid her dowry. Similarly, the marriage-tie between a Muslim and his wife who gives up Islam could not continue and the same procedure would be adopted if such an apostate woman marries a disbeliever as in the case of marriage between a Muslim and a refugee believing woman. The reciprocal arrangement prescribed in this verse is not the private affair of the individuals concerned but is to be carried out by the State, as is the practice in time of war, to which the verses particularly apply; there could not and should not continue any social relations between individual believers and individual disbelievers.