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Sahih al-Bukhari 5128 (Book 67, Hadith 64) #4910
The Rights of Female Orphans

SUMMARY: This hadith explains the verse in the Quran about female orphans who are under the guardianship of a man and how he has more right over her than anyone else, but does not want to marry her so he prevents her from marrying someone else.

Narrated 'Aisha: (as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry'. (4:127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.
حَدَّثَنَا يَحْيَى، حَدَّثَنَا وَكِيعٌ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، ‏{‏وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللاَّتِي لاَ تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ‏}‏‏.‏ قَالَتْ هَذَا فِي الْيَتِيمَةِ الَّتِي تَكُونُ عِنْدَ الرَّجُلِ، لَعَلَّهَا أَنْ تَكُونَ شَرِيكَتَهُ فِي مَالِهِ، وَهْوَ أَوْلَى بِهَا، فَيَرْغَبُ أَنْ يَنْكِحَهَا، فَيَعْضُلَهَا لِمَالِهَا، وَلاَ يُنْكِحَهَا غَيْرَهُ، كَرَاهِيَةَ أَنْ يَشْرَكَهُ أَحَدٌ فِي مَالِهَا‏.‏

TOPICS
female  *  orphan  *  property  *  guardianship  *  nisa  *  yatim  *  mal  *  wilayah

QUICK LESSONS:
Be fair and just when dealing with those who are less fortunate than you; Do good deeds in Allah's name; Treat others with compassion; Give generously to those in need.

EXPLANATIONS:
This hadith is about the rights of female orphans. It explains that when a female orphan is under the guardianship of a man, he has more right over her than anyone else. However, if this guardian does not want to marry her, then he should not prevent her from marrying someone else as it would be unfair for him to keep all of her property for himself. This hadith teaches us that we should always be fair and just when dealing with those who are less fortunate than us and that we should never take advantage of them or deny them their rights. We must also remember that Allah will judge us on how we treat others and He will reward those who do good deeds in His name.

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