It also commands that the orphan’s property be managed properly, for handing it over to him in full requires preserving it, tending to it in ways that protect and increase it, and not exposing it to risks and dangers. ⦗164⦘

(3, 4) “If you fear that you will not deal justly with female orphans, then marry such women as please you—two, three, or four. But if you fear that you will not be just, then marry only one, or be content with those whom your right hands possess. That is more likely to keep you from injustice. * Give women their dowries graciously; but if they willingly remit any part of them to you, then take it with satisfaction and ease.”

That is: If you fear that you will not treat justly the female orphans under your care and guardianship, and fear that you will not fulfill their rights because you do not love them, then turn instead to other women. Marry “such women as please you”—that is, those whom you choose for their religious commitment, wealth, beauty, status, lineage, or other qualities that encourage marriage. Choose according to your best judgment. Among the finest qualities to choose is religious commitment, as the Prophet, peace and blessings be upon him, said: “A woman is married for four things: her wealth, her beauty, her lineage, and her religion. So choose the woman of religion, lest you come to grief.”

This verse indicates that a person should make his choice carefully before marrying. Indeed, the Lawgiver has permitted him to look at the woman he intends to marry so that he may proceed with full knowledge. Allah then stated the number of women whom He has permitted a man to marry: “two, three, or four.” That is, whoever wishes to marry two may do so, whoever wishes to marry three may do so, and whoever wishes to marry four may do so, but he may not exceed that number. The verse was given to explain the favor granted, so by scholarly consensus it is impermissible to exceed the number specified by Allah Most High.

This is because one wife may not suffice to satisfy a man’s desire, so he has been permitted to marry one after another until he reaches four, for four are sufficient for everyone except in rare cases. Even so, this is permitted only when he feels secure from committing injustice and oppression and is confident that he can fulfill their rights.

If he fears any of this, he must restrict himself to one wife or to the bondwomen in his possession, for he is not required to divide his time equally among the latter. “That is”—restricting oneself to one wife or to those whom one’s right hand possesses—“more likely to keep you from injustice.”

This indicates that a servant should not undertake something in which he fears he may commit injustice or oppression or fail to fulfill an obligation, even if that thing is permissible. Rather, he should choose the course that affords ease and keeps him free from trouble, for well-being is the finest gift a servant can receive.

Because many people wrong women and deprive them of their rights—especially their dowries, which may be considerable sums due all at once and therefore difficult to pay—the command was given, together with strong encouragement, to give women “their dowries,” meaning their bridal gifts, “graciously,” with willing hearts and complete ease. They must neither delay payment nor withhold any part of it. This also indicates that the dowry is to be paid to the woman if she has legal capacity, and that she acquires ownership of it through the marriage contract, for Allah ascribed the dowries to the women, and such ascription indicates ownership.

“But if they willingly remit any part of them to you”—that is, any part of the dowry—by freely and willingly agreeing to relinquish some of it, defer its payment, or accept something else in exchange, “then take it with satisfaction and ease.” That is, you incur neither sin nor liability by doing so.

This proves that a woman of sound judgment may dispose of her property, even by giving it away freely. If she is not of sound judgment, her gift has no legal effect. It also proves that her guardian has no share of the dowry except what she willingly gives him.

The words, “marry such women as please you,” prove that marrying a wicked woman is not commanded but prohibited, as in the case of a polytheistic or sexually immoral woman. Allah Most High says: “Do not marry polytheistic women until they believe,” and He says: “No one marries an adulteress except an adulterer or a polytheist.”