Hadith 3311

(1) The statement: “If you fear that you will not be just, then one, etc.”: It is understood that justice among wives is obligatory, whether new or old, virgin or previously married, Muslim or from the People of the Book, and it is equal between two free women. Between a free woman and a slave woman married to another, justice is divided in thirds: two-thirds for the free woman, one-third for the slave woman. This justice applies to clothing, maintenance, housing, and staying with them, not to love of the heart, as that is beyond human control, nor to intercourse, as that depends on love of the heart, nor to travel rights, as he may travel with whichever he wishes, though drawing lots is preferred, as stated by the jurists, in Tafsir al-Ahmadiyyah.

(2) The statement: “You will never be able to be just, etc.”: An earlier verse in this surah clarified the condition of justice: “If you fear that you will not be just, then one” [An-Nisa: 3]. This verse clarifies that justice is not required in love of the heart but is required in other matters. The verse’s meaning is: You, owners of many wives, will never be able to be just among them, as complete justice without any inclination is impossible. Thus, the Messenger of Allah (ﷺ) was just among his wives in maintenance, clothing, and housing, saying, “O Allah, this is my division in what I control. Do not blame me for what You control and I do not,” meaning love of the heart. He loved Aishah (may Allah be pleased with her) more than all his wives with complete love. Even if you strive to be just among women, “do not incline completely” [An-Nisa: 129], meaning do not combine inclination of action with inclination of the heart. Be just in actions like maintenance, clothing, housing, and staying, even if you cannot control the heart’s love or intercourse, so that action and heart inclination do not combine. If you also abandon just actions, “leaving her” [An-Nisa: 129], the one undesired in action and heart, “as if suspended” [An-Nisa: 129], neither married nor divorced. The Prophet (ﷺ) said: “Whoever has two wives and inclines toward one, he will come on the Day of Judgment with one side tilted.” Thus, justice to the extent possible is obligatory, as in Tafsir al-Ahmadiyyah.

(1) The statement: “He divided among them, etc.”: Thus, in Sharh al-Wiqayah, it is said: Justice in division is obligatory.