And when Allah, glorified and exalted is He, had established the divine law that there must be a mediation of marriage in procreation, except for what was from Adam, Hawwa, and Isa - blessings and peace be upon them -; and they were commanded to be just in the wealth of orphans; and they were to take care of their orphans' affairs; and they sometimes married those who were in their guardianship; this warning regarding their wealth sometimes prevented them from marrying, fearing they would fall short in a right of theirs. Allah, glorified and exalted is He, followed this with: "So if you are certain of being just among yourselves, then marry them; and others" -: "And if you fear"; He expressed it with a tool of doubt, urging caution; "that you do not be just"; meaning: be just; "in the orphans"; and you are certain of being just among yourselves in others; "then marry"; and when the women were deficient in intellect and religion, He expressed them with a tool of what does not have intellect, indicating kindness towards them and leniency with them; He said: "what"; and when "marry" implied the permission that includes the lawful, He carried the good on the delightful, which is detached from the previous prohibition, so that the speech would be general, specified by what comes in the verse of the prohibited women, and the good would not carry the lawful, lest it lead - with its repetition - to the speech being ambiguous, because the knowledge of the lawful had not preceded; and carrying on the general specified is preferable, because it is a proof in a place other than specification; and the ambiguous is not a proof at all - this was stated by Imam al-Razi; Allah, glorified and exalted is He, said: "It is lawful"; meaning: the burden of the previous prohibition has been lifted; and delightful; and He followed it with a necessary condition by saying: "for you"; and He specified what was known as a commitment; He said: "of women"; meaning: other than them; "two, or three, or four"; meaning: while this one is permitted in his marriage distributed as such: two by two; three by three; and four by four; for each one; and this ruling is known from the conjunction with 'and'; and if it were "or", it would not imply marriage except on one of these three aspects; and it would not imply the choice that allows combining them, in terms of distribution; and this is clear evidence that women are half of men; and Al-Bukhari narrated in the tafsir from Urwah ibn al-Zubair that he asked Aisha - may Allah be pleased with her - about His saying: "And if you fear that you do not be just in the orphans"; she said: "O son of my sister; this orphan girl is in the care of her guardian; she shares in his wealth; and he is pleased with her wealth and beauty; so her guardian wants to marry her without being just in her dowry; giving her what he gives to others; so they were prohibited from marrying them unless they were just to them; and they reach for them the highest of their Sunnah in the dowry; so they were commanded to marry what is lawful for them from women other than them"; Urwah said: "Aisha said: 'And the people asked the Messenger of Allah, blessings and peace be upon him, after this verse, and Allah, the Mighty and Majestic, revealed: 'And they ask you about women' [An-Nisa: 127]"; Aisha said: "And Allah, the Mighty and Majestic, said in another verse: 'And you desire to marry them' [An-Nisa: 127]; the desire of one of you for his orphan when she has little wealth and beauty"; she said: "So they were prohibited from marrying those whom they desired for their wealth and beauty among the orphans of women except with justice; because of their desire for them when they were little in wealth and beauty"; and in another narration: "in marriage"; so just as they leave her when they desire her; they are not allowed to marry her if they desire her, except that they be just to her; and give her her full right in the dowry; and this address is for the free, not for the slaves; because a slave does not have the independence to marry whom he desires; rather, he must have the permission of his master.

And when women were like orphans in weakness; He said - attributing to the permission in marriage -: ﴿So if you fear that you will not be just﴾; meaning: in the gathering; ﴿then one﴾; meaning: then marry her; because limiting oneself to her is closer to justice; because there is no one with whom to share; thus justice must be between her and him; and since the goodness of companionship leading to justice depends on the rejection of the self; and since the female slaves - due to their brokenness by estrangement; and lack of family - are closer to good companionship; He equated the number of them; to no end; and between one of the free women; so it was said: ﴿or what﴾; meaning: marry what; ﴿your right hands possess﴾; for there is no sharing between them; and the mention of the possession of the right hand also indicates that the address from the beginning is specific to the free people; ﴿That﴾; meaning: marriage of those who are not orphans; and the reduction of free women; and limiting oneself to female slaves; ﴿is closer﴾; meaning: is closer to ﴿that you do not exceed﴾; meaning: that you do not deviate with injustice from the path of fairness; which is the straight balance; or that your dependents may increase; as for when there is one, it is clear; and as for (p-182) when there are female slaves, it is by withdrawal; and the man does not need a servant with them; or for them; and selling to whoever wants from them; and commanding them to earn; or you may need and thus wrong some of the women; or consume the wealth of orphans; and every meaning of these returns to a necessary meaning of the root meaning; which revolves around it; because the root of "‘ala" - with all its six forms; "‘alawa"; "‘awala"; "law‘a"; "la‘awa"; "wa‘ala"; "wala‘a"; and with the yā’ form; in its two constructions; "lay‘a"; "‘ayala" - revolves around elevation; and it necessitates increase and inclination; so from elevation: "‘ulu"; and "‘awal"; and "‘alā"; and from inclination and increase: "‘awl"; and the remainder of the root - with the yā’ form; and the wāw form - is either for removal; or for one of these meanings - as will be explained; so "‘ala; ya‘lu": elevated; and "‘āliyah": the upright girl - because she is higher than what is equal to her and is crooked -; and "‘āliyah": from the highlands of Hijaz - for its overlooking of what surrounds it -; and likewise "‘awālī"; for villages on the outskirts of the noble city - because they are in the high place; which its water flows to others -; and "ma‘lāh": the acquisition of honor; and the grave of Mecca at al-Hajun - because it is in the highest of Mecca; and its water is directed to what is beneath it -; and "so-and-so from the elite of the people"; meaning: their nobility; and "‘iliyyah"; with emphasis: the room; and on (p-183) the edge of elevation; and "ta‘allat al-mar’ah min nifāsiha"; meaning: she became pure; and healed - because she was in a low state -; and "‘ilāwah": the top of the mountain; and its neck; and what is carried on the camel between the two sides; and from everything: what exceeds it; and "mu‘allā": the seventh lot in gambling - because it is the ultimate in winning lots; because the lots are ten; the first seven of them are winning; and the last three are neglected; they have no shares -; and "‘ulwān al-kitāb"; the title of it; and its elevation over the rest of the book is clear; and "‘ilyān"; the tall; and the large; and the she-camel that is lofty; and from the voices: the loud; and "‘alā"; the head of every elevated mountain; and the sky; and the high place; and everything that is elevated; and "‘alayka Zaydā"; meaning: keep him - for it necessitates from his proximity to him the elevation over his matter -; and "‘ala al-nahār"; meaning: rose; and "‘ala al-dābbah"; meaning: rode it; and "‘a‘lā ‘anhā"; meaning: descended - as if it is from removal -; and likewise "‘ala al-matā‘ ‘an al-dābbah; ta‘liyah"; meaning: he lowered it; and "‘alaytu ‘an al-wisādah"; and "‘ālaitu"; meaning: I elevated; and I moved away; and "rajul ‘ālī al-ka‘bi"; meaning: noble; and "‘ala al-kitāb; ta‘liyah"; meaning: I titled it; like "‘alawna"; and "‘alā al-na‘iyah"; meaning: they made it apparent; and "‘aliyy"; the strong; and "‘iliyyūn"; in the seventh heaven (p-184) and "akhadhahu ‘uluwan"; meaning: forcibly; and "al-ta‘ālī"; the elevation; if you command him you say: "ta‘āl"; with the opening of the lām; and it has: "ta‘ālī"; with the opening of the lām; and if you were in a place lower than the place of the commanded; because it needs to be elevated; no matter how much distance is between you and him; and because the commander is higher than the commanded in rank, so his place is likewise; and "ta‘allā"; meaning: elevated in a state of delay; and "al-mu‘talī"; the lion; and "al-la‘w"; the ill-mannered; and the glutton; and the greedy; and "al-lā‘ī"; the one who is frightened by the slightest thing - either because he has reached the ultimate in lowliness; so he ascended its highest; until he accepted for himself these morals; or because it is from the aspect of removal; or the naming by the opposite -; and "dhī‘bah lā‘wah"; and "imra’ah lā‘wah"; meaning: greedy; and "al-lā‘wah"; the blackness between the two nipples - either because that is its highest; or because of the elevation of the color black over the color of the breast -; and "al-‘al‘ā"; the salamiyyāt; and the salam; a bone that is in the foreleg of the camel; (p-185) and small bones in the hand; and the leg; and that is because the bones are the highest in the body in strength; and firmness; and hardness; and they are the greatest of its structure; and "al-lā‘iyah"; a shrub on the slope of the mountain; it has yellow light; and it has milk; and if something of it is thrown into a fish pond, it floats it; meaning: it makes it floating; meaning: elevated on the surface of the water; it was named as such; either from the aspect of removal; looking at the place of its house; or because its scent rises above everything it mixes with; and gives it its taste; or because of its action in the fish; and "tal‘ā al-‘asal"; meaning: it became complex in weight; and meaning; either from the lā‘iyah; because it has many knots; or from the necessity of elevation; strength and firmness; and "lā‘a laka" - it is said at the time of stumbling -; meaning: may Allah revive you; and "al-‘awl"; the elevation of the account in the obligations; and "al-‘awl"; the inclination; and it has been established that it is necessary for elevation; and "al-‘awl"; every matter that overcomes you; as if it has elevated above you; so you cannot attain it; and the one whom you seek help from - because it cannot be reached with it to the intended except that it has elevation in it -; and the sustenance of the dependents - because it is the cause of their elevation -; and "‘awwala ‘alayhi; mu‘awwilan"; meaning: he relied; (p-186) and depended; and the name is like "‘inab"; and "‘ayil"; like "kayis"; and "‘āl"; meaning: he was a neighbor; and the balance: decreased; or increased; for the increase is from elevation; and the decrease is from the necessity of inclination; and "‘ālat al-farīḍah"; meaning: it increased; meaning: its shares increased; so the decrease entered upon the people of the obligations; Abu Ubaid said: I think it is taken from the inclination; and "‘āl amruhum"; meaning: it intensified; and became severe; and "‘āl fulān ‘awlan; wa ‘iyālan"; meaning: his dependents increased; like "‘awwala"; and "‘ayala"; and "rajul mu‘ayal; wa mu‘ayal"; meaning: one with dependents; and "‘āla al-rajul; wa ‘awwala"; meaning: he was eager; either from what has preceded its extraction; or because it is necessary for one with dependents; and "‘āl ‘alayhi"; meaning: he carried; meaning: he raised the burdens upon him; like "‘awwala"; and so-and-so: he was eager; and the mare: it neighed; and "‘awwala al-mar’ah"; meaning: she raised her voice with crying; and "‘īla ‘awluhu"; meaning: his mother mourned him - because of what happens from her crying -; and "‘īla mā huwa ‘ā’iluhu"; meaning: what overcomes him; it is said for one who is admired for his speech; and the like; because he cannot be like that except that he has risen above his examples; and it may be in lowliness; so it may be from the naming by the opposite; and "al-‘ālatu"; the ostrich; because it is the tallest of birds; and "mā lahu ‘ālun wa la māl"; meaning: something - because that is the ultimate in lowliness if it is a deficiency -; and in elevation if it is asceticism; and it is said to the stumbling one: "‘ālaka ‘ālīyan"; like their saying: "lā‘a laka"; and "al-mi‘wal"; a tool with which mountains are dug; from the strength necessary for elevation; and "al-‘ālatu"; like a shade; it is sheltered by it (p-187) from the rain; and "al-law‘ah"; a burning that exists from grief; or love; or illness; or worry - because it rises above the person -; and "lā‘ahu al-ḥubb"; meaning: it afflicted him; and "atan lā‘at al-fu’ād ilā jahshihā"; meaning: as if it was agitated with fright; and "lā‘a; yal‘u"; meaning: he panicked; or became ill; and "rajul hā‘un lā‘un"; meaning: cowardly; panicky; or greedy; or ill-mannered - because of what has risen above him from these morals that contradict reason; and has overwhelmed him from them -; and "lā‘at-hu al-shams"; meaning: it changed his color; and "al-lā‘ah"; also: the iron that is the noble heart - because it rises above dust -; and "imra’ah lā‘ah"; meaning: the one who flirts with you; and does not allow you - because of what she has in that from dominance; and elevation over hearts -; and "al-wa‘al"; the mountain goat; and the noble; and the refuge; and "al-wa‘alah"; the secure place from the mountain; or a prominent rock from it; and "they are upon us one wa‘al"; meaning: they are gathered; and "mā laka ‘an dhālika wa‘al"; meaning: necessity - for if it were not for its elevation over you, you would not have been compelled to it -; and "al-wa‘al"; the name of Shawwal - as if it is for what it has of elevation in the feast; and pilgrimage -; and "al-wa‘il"; like "katif"; the name of Sha‘ban - for what it has of elevation; being between Rajab; and Shawwal -; and "al-wa‘alah"; also: the collar of the shirt; (p-188) and the belt; its belt; and the cup; and the pitcher that is hung with it so that it rises; and "wū‘al"; like "ghurāb"; a fortress in Yemen; and "al-mustaw‘al"; with the opening of the ‘ayn: the protection of the wa‘al; and "wa‘ala"; like "wa‘ada"; meaning: he oversaw; and "taw‘alatu al-jabal"; meaning: I elevated it; and "awla‘a fulān bi-kadhā"; or "wali‘a"; with the kasrah: he took lightly; meaning: he became elevated over it; dominating it; for he was able to carry it; and "wali‘a bi-ḥaqqihi"; meaning: he went; and "wala‘a"; with the opening; if he lied - either for removal; or because he was made light by the lie so he carried it -; and "wāl‘ walī‘"; meaning: a great lie; and "al-mūlā‘"; the one in whom there is brightness from colors - as if he has risen above those colors; or has dominated those colors the essence of his color -; and the expression of the dictionary: and "al-tawliy‘"; the extension of the brightness; it is said: "birzūn wa thawr muwal‘"; like "mu‘aẓẓam"; and "al-walī‘"; the flower; as long as it is in its shell; meaning: its covering; and it is the shell of the flower; for its elevation; and "mā adrī mā wal‘ahu"; with the opening; meaning: he imprisoned him; either for removal; because when he prevented him, it was as if he removed his elevation; or because he elevated over him; and "awla‘ahu bihi"; meaning: he tempted him; meaning: he carried him upon it; and "al-‘aylah"; meaning: need; and "‘āl ya‘īl"; meaning: if he became poor; and that is either from removal; or because the need has elevated him; or because it is an inclination; and "‘ālanī al-shay’"; meaning: it incapacitated me; either it removed my elevation; or elevated above me; and "‘īla ṣabri"; meaning: it diminished and weakened; meaning: it elevated him from the matter what weakened him; and "‘iltu al-ḍālla"; meaning: I did not know where to seek it; and "al-mu‘īl"; (p-189) the lion; and the leopard; and the wolf; because it seeks prey; meaning: it searches; so it returns to elevation; and the ability to seek; and "‘ālanī al-shay’"; meaning: it incapacitated me; either it removed my elevation; or it elevated above me; and "‘āl fī mashīh"; meaning: he swayed; and walked with pride; and swaggered; because he does not do it except one who is high in himself; although it is all from inclination; and "‘āl fī al-arḍ"; meaning: he went; meaning: he elevated over it in walking; and the male of the hyenas is "‘aylān"; and "al-‘ayl"; meaning: your presentation of your speech and words to one who does not want it; and it is not of his concern; as if he has not guided to whom he wants; so he presented it to one who does not want it; so it returns to the need that removes the elevation; and "lay‘at al-jū‘"; with the opening: its burning; as previously mentioned in "al-law‘ah"; and "lī‘tu"; with the kasrah: I became weary; as if it is from removal; or that the elevation is for the matter that one is weary of; and "al-milyā‘"; with the kasrah: the quick thirst; because it rises above the camels at that time in advance to water; because thirst has elevated it; and "al-milyā‘"; meaning: the one that precedes the camels; then returns to it; and "rīḥ līyā‘"; with the kasrah: intense; and it has been clarified by that the correctness of what our Imam al-Shafi‘i explained; explicitly; and in accordance; as previously mentioned; and it has been witnessed by "al-‘awl in the account; and the shares"; and it is its abundance; and the burden of those who (p-190) rejected that; and said: it is not said in the abundance of dependents except: "‘āl; ya‘īl"; and how many are those who criticize a correct statement! And how not.. while he is among the imams whose statements are relied upon in language; and others have agreed with him; and the authentic hadith bears witness to his statement? Imam Yahya ibn Abi al-Khayr al-‘Umrani al-Shafi‘i said in his book "al-Bayān": ﴿that you do not exceed﴾; al-Shafi‘i said: its meaning is: that your dependents do not increase; and it was said: that most of the predecessors said: the meaning is that you do not act unjustly; it is said: "‘āl; ya‘ūl"; if he acted unjustly; and "‘āla; yu‘īl\