Sahih al-Bukhari Book 47, Hadith 12
That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not
Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or
four." (4.3)
She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his
property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr
(bridal-money) which might have been given by another suitor. So, such guardians were forbidden to
marry such orphan girls unless they treated them justly and gave them the most suitable Mahr;
otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the
people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the
following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about
them And about what is Recited unto you In the Book, concerning The orphan girls to whom You
give not the prescribed portions and yet whom you Desire to marry..." (4.127)
What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which
goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other)
women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to
marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when
she has not much property or beauty (in which case he should treat her justly). The guardians were
forbidden to marry their orphan girls possessing property and beauty without being just to them, as
they generally refrain from marrying them (when they are neither beautiful nor wealthy).
The Prophet (ﷺ) said, "The example of the person abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe."
The Prophet (ﷺ) established the right of Shu'fa (i.e. Preemption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.