4. Commentators have explained this in the following ways:
(i) There is the view of 'A'ishah who says that men tended to marry orphan girls
who were under their guardianship out of consideration for either their property,
beauty or because they thought they would be able to treat them according to
their whims, as they had no one to protect them. After marriage such men sometimes
committed excesses against these girls. It is in this context that the Muslims
are told that if they fear they will not be able to do justice to the orphan
girls, then they should marry other girls whom they like. (This interpretation
seems to be supported by (verse 127 )of this surah.)
(ii) The second view is that of Ibn 'Abbas and his disciple 'Ikrimah who expressed
the opinion that in the Jahiliyah period there was no limit on the number of
wives a man could take. The result was that a man sometimes married as many
as ten women and, when expenses increased because of a large family, he encroached
on the rights either of his orphan nephews or other relatives. It was in this
context that God fixed the limit of four wives and instructed the Muslims that
they may marry up to four wives providing they possessed the capacity to treat
them equitably.
(iii) Sa'id b. Jubayr, Qatadah and some other commentators say that while the
Arabs of the Jahiliyah period did not approve of subjecting orphans to wrong,
they had no concept of justice and equity with regard to women. They married
as many women as they wanted and then subjected them to injustice and oppression.
It is in this context that people are told that if they fear perpetrating wrongs
on orphans they ought to be equally worried about perpetrating them on women.
In the first place they should never marry more than four, and of those four,
they should marry only as many as they can treat fairly.
Each of the three interpretations is plausible and all three may possibly be
correct. Moreover, the verse could also mean that if a person does not find
himself able to treat orphans in a fair manner, then he might as well marry
the women who are looking after those orphans.
5. Muslim jurists are agreed that according to this verse the maximum number
Of wives has been fixed at four. This conclusion is also supported by traditions.
It is reported that when Ghaylan, the chief of Ta'if, embraced Islam he had
nine wives. The Prophet (peace be on him) ordered him to keep only four wives
and divorce the rest. Another person, Nawfal b. Mu'awiyah, had five wives. The
Prophet (peace be on him) ordered him to divorce one of them. (For the relevant
traditions see the comments of Ibn Kathir and Qurtubi on this verse - Ed.)
This verse stipulates that marrying more wives than one is permissible on the
condition that one treats his wives equitably. A person who avails himself of
this permission granted by God to have a plurality of wives, and disregards
the condition laid down by God to treat them equitably has not acted in good
faith with God. In case there are complaints from wives that they are not being
treated equitably, the Islamic state has the right to intervene and redress
such grievances.
Some people who have been overwhelmed and overawed by the Christianized outlook
of Westerners have tried to prove that the real aim of the Qur'an was to put
an end to polygamy (which, in their opinion, is intrinsically evil). Since it
was widely practised at that time, however, Islam confined itself to placing
restrictions on it. Such arguments only show the mental slavery to which these
people have succumbed. That polygamy is an evil per se is an unacceptable proposition,
for under certain conditions it becomes a moral and social necessity. If polygamy
is totally prohibited men who cannot remain satisfied with only one wife will
look outside the bounds of matrimonial life and create sexual anarchy and corruption.
This is likely to cause much greater harm than polygamy to the moral and social
order. For this reason the Qur'an has allowed those who feel the need for it
to resort to polygamy. Those who consider it an evil in itself may certainly
denounce it in disregard of the Qur'an and may even argue for its abolition.
But they have no right to attribute such a view to the Qur'an, for it has expressed
its permission of polygamy in quite categorical terms. Indeed, there is not
the slightest hint in the Qur'an that could justify the conclusion that it advocates
abolition of polygamy. (For further elaboration see my book, Sunnat k A'iniHaythiyat,
Lahore, 3rd edition, 1975, pp. 307-16.)
6. This expression denotes 'slave-girls', i.e. female captives of war who are distributed by the state among individuals. The purpose of this verse is to tell men that if their financial circumstances do not permit them to support a free woman as their wife then they may marry a slave-girl (see verse 25 below); if they consider it necessary to have more than one wife and it would be difficult for them to treat their free wives equitably they may resort to slave-girls, for here the burden of obligations is lighter by comparison. (For further injunctions regarding slave-girls seen. 44 below.)