Commentary
His saying - glorified and exalted is He -: "And do not approach the property of the orphan except in the best way until he reaches maturity. And fulfill the measure and the weight in justice. We do not burden a soul except according to its capacity. And when you speak, be just, even if it concerns a near relative. And fulfill the covenant of Allah. This has been enjoined upon you so that you may remember." This is a prohibition against the approach that encompasses all forms of action; and in it is the closing of the means. Then it makes an exception for what is good; which is the investment and striving for its growth. Mujahid said: "The best way" refers to trade in it; from those who are guardians over it, having wealth by which they live. The best way - if the wealth of the orphan has produced fruit - is that he does not take from it for his expenses, nor for a wage, nor anything else; from those who are guardians who have no wealth; and there is no agreement for him to look after it except by spending on himself from the profit of his guardianship; otherwise, necessity would compel him to leave the wealth of the orphan without oversight. So the best way is to look after it and to consume in a good manner, as said by Ibn Zayd. And "maturity" is the plural of "strength"; and the plural of "intensity"; and here it refers to sound judgment, and consideration of matters, and good management in them. (p-493) Al-Qadi Abu Muhammad - may Allah have mercy on him - said: And this is not the maturity associated with reaching forty; rather, this can occur at a young age in many people; and that maturity is the experiences and the sound intellect; but the interpreters have mixed them. And Rabi'ah, and Al-Sha'bi, and Malik - in what has been narrated from him - and Abu Hanifah said: Reaching maturity means reaching adulthood without any foolishness being established. And Al-Suddi said: Maturity is thirty years. And a group said: thirty-three years. And Al-Zajjaj reported from a group: eighteen years; and he deemed it weak; and preferred maturity with sound judgment. And Al-Naqqash reported that maturity here is from fifteen to thirty; and the sound opinion is what Al-Zajjaj preferred; and it is the saying of Malik - may Allah have mercy on him -: sound judgment and the cessation of foolishness with reaching maturity. Al-Qadi Abu Muhammad - may Allah have mercy on him - said: And this is the most correct of the sayings; and the most appropriate for this context. And His saying - the Most High -: "And fulfill the measure and the weight in justice"; the verse; is a command for fairness in taking and giving; and "justice" means fairness. And His saying - glorified is He -: "We do not burden a soul except according to its capacity"; implies that these commands are only in what falls under the capacity of humans; in terms of caution and restraint; not that he is required to achieve the utmost fairness in the very thing he is dealing with. Al-Tabari said: When the one who gives is deficient, he exerts effort in that; and the one who gives more also exerts similar effort; Allah - glorified and exalted is He - raised the command for balance; so that neither of them would be burdened with hardship. And His saying - the Most High -: "And when you speak, be just"; includes testimonies, judgments, and mediating between people, and other than that; meaning: even if the inclination of truth is towards your relatives.
And His saying, glorified and exalted is He, "And by the covenant of Allah"; it is possible that all that Allah, glorified and exalted is He, has entrusted to His servants is meant. It is also possible that all of that is meant, along with all that has been established between two people. Additionally, the covenant to Allah, glorified and exalted is He, is included, as He has commanded to preserve it and to fulfill it. And His saying, glorified and exalted is He, "Perhaps you will remember"; is a hope, according to us.
Ibn Kathir and Abu Amr read: "You will remember"; with emphasis on the dhāl and the kāf, both together. Likewise, "They will remember"; and "A person remembers"; and all that has occurred in that is emphasized. Nafi' and Asim, in the narration of Abu Bakr - may Allah be pleased with him - and Ibn 'Amir, read all of that with emphasis, except for His saying, glorified and exalted is He, "Does not a person remember"; for they lightened it. And Aban and Hafs narrated from Asim: "You remember"; with a light dhāl, in all of the Qur'an. Hamzah and Al-Kisai read: "You will remember"; with a light dhāl when the verb is with a tā, and when it is with a yā, he read it with emphasis. Hamzah alone read in Surah Al-Furqan: "For whoever wishes to remember"; with a silent dhāl and a light kāf. Al-Kisai read that with emphasis on both and opened them.
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