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Sahih Muslim 3018c (Book 56, Hadith 8) #14587
Fair Treatment of Orphan Girls

SUMMARY: This hadith explains that if a guardian is not treating an orphan girl fairly, they should marry someone else instead of torturing her.

'A'isha said that as for the words of Allah: " If you fear that you would not be able to observe equity in case of orphan girls)," it was revealed in reference to a person who had an orphan girl (as his ward) and he was her guardian, and her heir, and she possessed property, but there was none to contend on her behalf except her ownself. And he (her guardian) did not give her in marriage because of her property and he tortured her and ill-treated her, it was in relation to her that (Allah said: )" If you fear that you would not be able to observe equity in case of orphan girls, then marry whom you like among women," i. e. whatever I have made lawful for you and leave her whom you are putting to torture.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، وَأَبُو كُرَيْبٍ قَالاَ حَدَّثَنَا أَبُو أُسَامَةَ، حَدَّثَنَا هِشَامٌ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، فِي قَوْلِهِ ‏{‏ وَإِنْ خِفْتُمْ أَنْ لاَ تُقْسِطُوا فِي الْيَتَامَى‏}‏ قَالَتْ أُنْزِلَتْ فِي الرَّجُلِ تَكُونُ لَهُ الْيَتِيمَةُ وَهُوَ وَلِيُّهَا وَوَارِثُهَا وَلَهَا مَالٌ وَلَيْسَ لَهَا أَحَدٌ يُخَاصِمُ دُونَهَا فَلاَ يُنْكِحُهَا لِمَالِهَا فَيَضُرُّ بِهَا وَيُسِيءُ صُحْبَتَهَا فَقَالَ ‏{‏ إِنْ خِفْتُمْ أَنْ لاَ تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ‏}‏ يَقُولُ مَا أَحْلَلْتُ لَكُمْ وَدَعْ هَذِهِ الَّتِي تَضُرُّ بِهَا
TOPICS
orphans  *  marriage  *  equity  *  torture  *  waaris  *  halaal  *  saakin

QUICK LESSONS:
Treat orphans equitably; Marry someone you are allowed to according to Islamic law; Respect those weaker than you; Avoid mistreating others; Be mindful when dealing with vulnerable people.

EXPLANATIONS:
This hadith speaks about the importance of treating orphan girls with fairness and equity. It was narrated by 'A'isha, who said that Allah revealed this verse in reference to a person who was the guardian and heir of an orphan girl. The man did not give her in marriage because she possessed property, and instead he tortured her and ill-treated her. In response to this injustice, Allah said that if one fears they cannot treat an orphan girl equitably then they should marry someone else whom they are allowed to marry according to Islamic law. This hadith teaches us the importance of treating orphans with fairness and respect as well as avoiding any form of torture or mistreatment towards them. It also reminds us that we must be mindful when dealing with those who are weaker than us or do not have anyone to protect them from harm or injustice.

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