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وَلْيَخْشَ ٱلَّذِينَ لَوْ تَرَكُوا۟ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَٰفًا خَافُوا۟ عَلَيْهِمْ فَلْيَتَّقُوا۟ ٱللَّهَ وَلْيَقُولُوا۟ قَوْلًا سَدِيدًا
<p>Fear Allah while distributing inheritance</p><p>The third verse (9) addresses Muslims in general exhorting them to make it certain that the inheritance of the deceased reaches his children fully and fairly. They must abstain from any mode of action which may affect the share of the children adversely. The general sense of the verse covers the eventuality when one sees a Muslim making a will or disposing property off in a manner which could cause damage or loss to his children and other inheritors. If so, one must stop him from such bequeathal or such disposal, very much like what the Holy Prophet ﷺ did when he stopped the blessed Companion, Sayyidna Sa'd ibn Abi Waqqas ؓ ، from giving the whole, or half, of his property in charity (Sadaqah), allowing him to give only one-third of his property as such (Mishkat, Bab al-Wasaya, p. 265), because, 'If the whole, or half of the property was given in charity, the share of the inheritors would have either been all consumed, or curtailed.</p><p>Also included in the general sense of the verse is that guardians of the orphaned children should protect their property and give it to them in full when they become mature. They should take pains to accomplish this mission of trust and never let the least negligence on their part affect their duty; if they wish that others treat their children well after them, without causing them any harm or injustice, then, they should treat the children of others - the orphans - in the same manner.</p>
Fear Allah while distributing inheritanceThe third verse (9) addresses Muslims in general exhorting them to make it certain that the inheritance of the deceased reaches his children fully and fairly. They must abstain from any mode of action which may affect the share of the children adversely. The general sense of the verse covers the eventuality when one sees a Muslim making a will or disposing property off in a manner which could cause damage or loss to his children and other inheritors. If so, one must stop him from such bequeathal or such disposal, very much like what the Holy Prophet ﷺ did when he stopped the blessed Companion, Sayyidna Sa'd ibn Abi Waqqas ؓ ، from giving the whole, or half, of his property in charity (Sadaqah), allowing him to give only one-third of his property as such (Mishkat, Bab al-Wasaya, p. 265), because, 'If the whole, or half of the property was given in charity, the share of the inheritors would have either been all consumed, or curtailed.Also included in the general sense of the verse is that guardians of the orphaned children should protect their property and give it to them in full when they become mature. They should take pains to accomplish this mission of trust and never let the least negligence on their part affect their duty; if they wish that others treat their children well after them, without causing them any harm or injustice, then, they should treat the children of others - the orphans - in the same manner.
9
4
إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٰلَ ٱلْيَتَٰمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا
<p>Misappropriation of the property of the orphans</p><p>The fourth verse (10) carries a severe warning for those who pilfer or dispose off the property of orphans unlawfully. It declares: 'Surely, those who eat up the property of the orphans unjustly, they only eat fire into their bellies, and soon they shall enter a blazing Hell.'</p><p>This verse equates the property of the orphan with the fire of Hell. Many commentators have interpreted this metaphorically, that is, eating the property of the orphans unjustly is like stuffing one's stomach with fire - because this is what is going to happen to him ultimately in the Hereafter. But, those with deeper insights and proofs do not support the presence of some figure of speech here. According to them, whatever is eaten up from the property of the orphan unlawfully is, in reality, nothing but fire - even though, it may not look like fire at that time. This is like somebody saying that the match-box in his hand was fire, or the piece of arsenic, a killer. Obviously, handling a match-box does not burn the hand, nor does arsenic kill a man by simple handling, not even by putting it in the mouth. However, a slight friction reveals that somebody who called the match-box a fire was right; and similarly, once the arsenic goes down the throat, we know that the one who called arsenic a killer was true. Common generalizations of the Holy Qur'an also support the view that whatever deeds, good or evil, man is doing, these very deeds are the trees, the flowers and the fruits of Paradise, or the embers of Hell - even though, their form here is different, but these will come forth on the Day of Doom transformed in their true forms. The Holy Qur'an says: وَوَجَدُوا مَا عَمِلُوا حَاضِرً‌ا (Kahf - 18:49)that is, on the Day of Doom, they shall find what they did - present! In other words, the punishment and the reward they shall see will be, in reality, the result of their own deeds.</p><p>It appears in some narrations that those who devour the orphan's property unjustly will be raised on the Day of Doom in a state that flames of fire will be seen coming out from inside their bellies through their mouths, nostrils, ears and eyes.</p><p>And the Holy Prophet ﷺ said that a set of people will be raised on the Day of Doom with their mouths erupting with fire. His noble Companions asked as to who these could be. He said: "Have you not read it in the Qur'an? (which says): إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا (those who eat up the property of the orphans unjustly)." (Ibn Kathir, v.1, p. 456)</p><p>The gist of the meaning of the verse is that the property of the orphan eaten up unjustly will be, in reality, the fire of Hell, though it may not be sensed as fire at that time. It is for this reason that the Holy Prophet ﷺ has given very clear instructions to observe most stringent precaution in this matter. Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said: اُحَرِّجُ مالَ الضَّیفین المرأۃ والیتیم (I warn you to abstain from the property of the two weak ones - the woman and the orphan.) (Ibn Kathir, v.1, p.456)</p><p>A review at this point shows that the entire first section of Surah al-Nisa' contains injunctions relating to orphans. They bid protection of the property of the orphans, avoidance of encroaching on their property as one's own and the giving of their due share from the property they have received in inheritance; and they forbid the hasty consumption of the property of the orphans for fear of their growing mature and assuming its control, or the taking of orphaned girls in marriage and lowering their dower, or to usurp their property. In the end the text says that eating up the property of the orphan unjustly is filling of bellies with fire because, after their death, such people will be recompensed by fire filled in their bellies. Mark the use of the word, 'ya'kuluna' and the warning given to those who 'eat up' the property of the orphan. It means that using the property of the orphan in what-ever manner it may be - eating, drinking, consuming, utilizing - is totally unlawful, and a sure cause of Divine wrath. The punishment of eating up what belongs to somebody else unjustly and without any right covers all sorts of uses.</p><p>When someone dies, the right of every inheritor attaches itself to everything he owns, to each and every part, to everything big or small. It is tragic that the minor children of the deceased become orphans. Mostly, such children face a certain degree of injustice and excess in every home and everyone who assumes control of the property after the death of the father of these children - whether an uncle or elder brother or mother or some guardian or trustee - falls into doing things forbidden in this section. To begin with, they just go on postponing the distribution of the property for years together, spending a little here and there to feed and clothe these children. After that, they open up and become all too liberal in spending this jointly-held property on religiously unacceptable practices, customs and wasteful heads of expenditure. They would even spend it on their own person and go on to the limit of manipulating legal documents entering the names of their own children in place of the orphans. These are things hardly a home remains unaffected from.</p><p>The donations made for orphans in religious schools and orphan-ages must be spent on them. Not spending these on the orphans is a form of 'eating up' the property of the orphan.</p><p>Rulings</p><p>1. Inheritance includes everything owned by the deceased, even the-clothes on the dead body. People tend to give these out in charity without realizing that they belong to what has been left by the deceased. There are places where copper utensils are given out to the poor well before the total property is formally distributed, although minors and absentees from among the inheritors have rights in all such things. The proper method is to first distribute the property in accordance with whatever shares are to be received by children, wife, parents, sisters and anyone else as stipulated by the Islamic law of inheritance. Once the ownership passes to sharers, it is upto them who can, if they so desire willingly, give away part of it in charity on behalf of the deceased. If the receivers of such shares wish to do that jointly, let them make sure that they are all adults, for the permission of the minor is not valid. As far as inheritors who are absent are concerned, nothing can be taken from their shares without their permission.</p><p>2. The sheet spread over the Janazah while carrying the deceased to the graveyard is not part of the required shroud کَفَن (Kafan). It is not permissible to buy it from the proceeds of the property left by the deceased, because that is something held jointly. However, if someone was to cover the cost on his own, that would be permissible. There are places where a prayer-mat is torn out of the cloth purchased for the shroud and is used by the Imam who leads the janazah prayers. The mat is later given to the Imam. This expense is extra to the needed shroud and it is not permissible to buy it from the proceeds of the hitherto combined inheritance.</p><p>3. In some areas, new utensils are procured for bathing the deceased and which are broken after use. First of all, there is no need to buy new ones for a bath can be given using utensils already in the house; and if, for any reason, they have to be purchased, then, breaking them is not permissible. It not only amounts to wasting of property but also means causing loss to orphans and absent inheritors whose due rights are attached to the total property.</p><p>4. Any expenses before the distribution of inheritance, such as entertainment of guests or charity and alms, are totally impermissible. Giving charity and alms in this manner brings no merit or reward for the deceased. In fact, such giving under the notion that it will bring good returns for the departed soul is a far greater sin. The reason is simple. After the death of a person, all his property belongs to the inheritors in proportion to their respective rights in it. Then, there are orphans among them. Giving away things in charity from the combined property which includes the share of the orphan is like stealing from somebody's property and giving it in charity on behalf of the deceased. This is not correct. First distribute the property, then, let the inheritors give in charity from their shares for the good of the deceased, if they so desire.</p><p>It is better not to go for charity and alms from the combined inheritance even before the actual distribution, even though it be with the permission of inheritors. This is because the permission of whoever is an orphan among the inheritors is not just valid right from the outset. As for the adult ones, it is not necessary that their 'permission' comes out of their willing heart. It is quite possible that they are left with no option but give their permission lest they are disgraced before others. In other words, they may say yes with a heavy heart just to ward off the sense of shame.</p><p>Let us look at an anecdote ascribed to a pious elder, which will further clarify the issue. This pious elder went to visit a sick Muslim. He had hardly sat with the patient for a little while when the latter died. The sage immediately put out the lamp burning there and gave someone the money to buy oil and re-light the lamp with it. When people around asked him for the reason of his doing so, he said that this lamp was under the ownership of this person until such time that he was alive and it was correct to use that light. Now that the deceased has left this mortal world, his inheritors have the necessary right over everything he owned. So, it is only through the permission of all inheritors that we can use this lamp and since all of them are not present here, this lamp was lighted at a personal cost.</p>
Misappropriation of the property of the orphansThe fourth verse (10) carries a severe warning for those who pilfer or dispose off the property of orphans unlawfully. It declares: 'Surely, those who eat up the property of the orphans unjustly, they only eat fire into their bellies, and soon they shall enter a blazing Hell.'This verse equates the property of the orphan with the fire of Hell. Many commentators have interpreted this metaphorically, that is, eating the property of the orphans unjustly is like stuffing one's stomach with fire - because this is what is going to happen to him ultimately in the Hereafter. But, those with deeper insights and proofs do not support the presence of some figure of speech here. According to them, whatever is eaten up from the property of the orphan unlawfully is, in reality, nothing but fire - even though, it may not look like fire at that time. This is like somebody saying that the match-box in his hand was fire, or the piece of arsenic, a killer. Obviously, handling a match-box does not burn the hand, nor does arsenic kill a man by simple handling, not even by putting it in the mouth. However, a slight friction reveals that somebody who called the match-box a fire was right; and similarly, once the arsenic goes down the throat, we know that the one who called arsenic a killer was true. Common generalizations of the Holy Qur'an also support the view that whatever deeds, good or evil, man is doing, these very deeds are the trees, the flowers and the fruits of Paradise, or the embers of Hell - even though, their form here is different, but these will come forth on the Day of Doom transformed in their true forms. The Holy Qur'an says: وَوَجَدُوا مَا عَمِلُوا حَاضِرً‌ا (Kahf - 18:49)that is, on the Day of Doom, they shall find what they did - present! In other words, the punishment and the reward they shall see will be, in reality, the result of their own deeds.It appears in some narrations that those who devour the orphan's property unjustly will be raised on the Day of Doom in a state that flames of fire will be seen coming out from inside their bellies through their mouths, nostrils, ears and eyes.And the Holy Prophet ﷺ said that a set of people will be raised on the Day of Doom with their mouths erupting with fire. His noble Companions asked as to who these could be. He said: "Have you not read it in the Qur'an? (which says): إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا (those who eat up the property of the orphans unjustly)." (Ibn Kathir, v.1, p. 456)The gist of the meaning of the verse is that the property of the orphan eaten up unjustly will be, in reality, the fire of Hell, though it may not be sensed as fire at that time. It is for this reason that the Holy Prophet ﷺ has given very clear instructions to observe most stringent precaution in this matter. Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said: اُحَرِّجُ مالَ الضَّیفین المرأۃ والیتیم (I warn you to abstain from the property of the two weak ones - the woman and the orphan.) (Ibn Kathir, v.1, p.456)A review at this point shows that the entire first section of Surah al-Nisa' contains injunctions relating to orphans. They bid protection of the property of the orphans, avoidance of encroaching on their property as one's own and the giving of their due share from the property they have received in inheritance; and they forbid the hasty consumption of the property of the orphans for fear of their growing mature and assuming its control, or the taking of orphaned girls in marriage and lowering their dower, or to usurp their property. In the end the text says that eating up the property of the orphan unjustly is filling of bellies with fire because, after their death, such people will be recompensed by fire filled in their bellies. Mark the use of the word, 'ya'kuluna' and the warning given to those who 'eat up' the property of the orphan. It means that using the property of the orphan in what-ever manner it may be - eating, drinking, consuming, utilizing - is totally unlawful, and a sure cause of Divine wrath. The punishment of eating up what belongs to somebody else unjustly and without any right covers all sorts of uses.When someone dies, the right of every inheritor attaches itself to everything he owns, to each and every part, to everything big or small. It is tragic that the minor children of the deceased become orphans. Mostly, such children face a certain degree of injustice and excess in every home and everyone who assumes control of the property after the death of the father of these children - whether an uncle or elder brother or mother or some guardian or trustee - falls into doing things forbidden in this section. To begin with, they just go on postponing the distribution of the property for years together, spending a little here and there to feed and clothe these children. After that, they open up and become all too liberal in spending this jointly-held property on religiously unacceptable practices, customs and wasteful heads of expenditure. They would even spend it on their own person and go on to the limit of manipulating legal documents entering the names of their own children in place of the orphans. These are things hardly a home remains unaffected from.The donations made for orphans in religious schools and orphan-ages must be spent on them. Not spending these on the orphans is a form of 'eating up' the property of the orphan.Rulings1. Inheritance includes everything owned by the deceased, even the-clothes on the dead body. People tend to give these out in charity without realizing that they belong to what has been left by the deceased. There are places where copper utensils are given out to the poor well before the total property is formally distributed, although minors and absentees from among the inheritors have rights in all such things. The proper method is to first distribute the property in accordance with whatever shares are to be received by children, wife, parents, sisters and anyone else as stipulated by the Islamic law of inheritance. Once the ownership passes to sharers, it is upto them who can, if they so desire willingly, give away part of it in charity on behalf of the deceased. If the receivers of such shares wish to do that jointly, let them make sure that they are all adults, for the permission of the minor is not valid. As far as inheritors who are absent are concerned, nothing can be taken from their shares without their permission.2. The sheet spread over the Janazah while carrying the deceased to the graveyard is not part of the required shroud کَفَن (Kafan). It is not permissible to buy it from the proceeds of the property left by the deceased, because that is something held jointly. However, if someone was to cover the cost on his own, that would be permissible. There are places where a prayer-mat is torn out of the cloth purchased for the shroud and is used by the Imam who leads the janazah prayers. The mat is later given to the Imam. This expense is extra to the needed shroud and it is not permissible to buy it from the proceeds of the hitherto combined inheritance.3. In some areas, new utensils are procured for bathing the deceased and which are broken after use. First of all, there is no need to buy new ones for a bath can be given using utensils already in the house; and if, for any reason, they have to be purchased, then, breaking them is not permissible. It not only amounts to wasting of property but also means causing loss to orphans and absent inheritors whose due rights are attached to the total property.4. Any expenses before the distribution of inheritance, such as entertainment of guests or charity and alms, are totally impermissible. Giving charity and alms in this manner brings no merit or reward for the deceased. In fact, such giving under the notion that it will bring good returns for the departed soul is a far greater sin. The reason is simple. After the death of a person, all his property belongs to the inheritors in proportion to their respective rights in it. Then, there are orphans among them. Giving away things in charity from the combined property which includes the share of the orphan is like stealing from somebody's property and giving it in charity on behalf of the deceased. This is not correct. First distribute the property, then, let the inheritors give in charity from their shares for the good of the deceased, if they so desire.It is better not to go for charity and alms from the combined inheritance even before the actual distribution, even though it be with the permission of inheritors. This is because the permission of whoever is an orphan among the inheritors is not just valid right from the outset. As for the adult ones, it is not necessary that their 'permission' comes out of their willing heart. It is quite possible that they are left with no option but give their permission lest they are disgraced before others. In other words, they may say yes with a heavy heart just to ward off the sense of shame.Let us look at an anecdote ascribed to a pious elder, which will further clarify the issue. This pious elder went to visit a sick Muslim. He had hardly sat with the patient for a little while when the latter died. The sage immediately put out the lamp burning there and gave someone the money to buy oil and re-light the lamp with it. When people around asked him for the reason of his doing so, he said that this lamp was under the ownership of this person until such time that he was alive and it was correct to use that light. Now that the deceased has left this mortal world, his inheritors have the necessary right over everything he owned. So, it is only through the permission of all inheritors that we can use this lamp and since all of them are not present here, this lamp was lighted at a personal cost.
10
4
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ ٱللَّهِ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
<p>People entitled to inheritance were briefly mentioned in verse 7 of the previous section which also carries details about some kinds of those so entitled. Also given there are their shares under different circumstances. More details in this connection shall be appearing later towards the end of this Surah. Remaining shares have been identified in ahadith. Muslim jurists have collected and codified all details of the rules of inheritance from the Qur'an and Hadith, giving it the status of a permanent science which, in Islamic terminology, is known as عِلمُ الفرایض ` Ilmul-Fara'id (the Science of the Laws of Inheritance).</p><p>The present verse (11) describes shares for children and parents along with some related aspects of inheritance.</p><p>INHERITANCE</p><p>Preliminary Rights on the Property of the deceased</p><p>According to the principles of Islamic law, the expenses incurred on the shrouding and burial of a Muslim deceased should be the first thing to be paid out of the property left behind by him. This should be done in accordance with Shari'ah avoiding the extremes of extravagance or stinginess. After that, his debts should be paid. If the amount of his debts is just equal to the property left by him, or even more than that, then, there will be no distribution of inheritance and no application of any will. And in case there remains some property after paying debts, or if there are no debts, then, subject to any will made by him which should not be a will of sin, then, this ‘will’ should be carried out to the extent of one-third of his remaining property. If someone makes a will for his entire property, it will not take effect. Such ‘will’ shall be considered valid for only one-third of his property. The fact is that making a will for more than one-third of the property is not appropriate; and if it is done with the intention of excluding inheritors, it becomes a sin.</p><p>Once the debts are paid and the will has been applied within one-third, the rest of the property should be distributed among the legal heirs, details of which are available in books of فرایض Faraid, the Muslim law of inheritance. Incidentally, if the deceased has made no will, then, following the payment of debts, the whole of the remaining property shall be distributed as inheritance.</p><p>The share of children</p><p>As it has appeared in the previous section, the distribution of inheritance shall be on the principle of الاقرب فالا قرب (the nearest, then, the nearest). Since the children of the deceased and his parents are the nearest, therefore, they inherit under all conditions. These rela-tions are the nearest and most direct of all relationships that human beings have, others being indirect. So, the Holy Qur'an takes up their shares first and beginning from the share of children, it says:</p><p>يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ</p><p>Allah directs you concerning your children: for a male there is a share equal to that of two females.</p><p>This is a universal rule which entitles boys and girls both as recipients of inheritance, determines the shares of each and, at the same time, unfolds the operative rule in the event the deceased leaves behind both male and female children when their shares in the prop-erty will be distributed in a way that each boy gets twice that of a girl. For instance, if someone leaves behind one boy and two girls, the property will be split in four portions or shares out of which 2/4 will be given to the boy and 1/4 to each girl.</p><p>The importance of giving shares to girls</p><p>The Holy Qur'an demonstrates visible concern to ensure that girls are given their share when it mentions the share of girls as a basis for determining the share of boys. In other words, instead of saying - ` for two females there is a share equal to that of one male'- it has elected to say: لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ (for a male there is a share equal to that of two females.) Those who do not give shares to sisters on the pretext that they have forgone their right are in error, because their sisters usually do not forgo their rights willingly. Done reluctantly, with the knowledge that they are not going to get anything anyway, they think, why create bad blood between brothers and sisters? Such an act of forgiving is not valid under Islamic law. Their claim remains due against brothers - and those who usurp inheritance are terrible sinners. In case minor girls hold shares in such inheritance, not giving them their shares is a sin committed twice by usurping the share of a legal heir and by devouring the property of an orphan.</p><p>As part of further explanation later, the share of girls has been described by saying:</p><p>فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَ‌كَ</p><p>It means that, if there is no male child and there are only girls and they are more than one, then, they shall get two-third of the inherited property in which all girls will be equal sharers. The remaining one-third will go to other rightful heirs of the inheritance, such as the parents of the deceased, wife or husband. Two girls and more than two will all share in the two-third.</p><p>The share of 'more than two' girls appears in the Qur'anic verse very clearly فَوْقَ اثْنَتَيْنِ (more than two). However, if there are two girls only, they are governed by the same rule which governs more than two. The proof appears in Hadith:</p><p>حدثنا مسدد حدثنا بشر بن المفضل حدثنا عبد اللہ بن محمد بن عقيل عن جابر بن عبد اللہ قال خرجنا مع رسول اللہ صلی اللہ عليه وسلم حتی جٔنا امرأة من الأنصار في الأسواق فجات المرأة بابنتين لها فقالت يا رسول اللہ هاتان بنتا ثابت بن قيس قتل معک يوم أحد وقد استفا عمهما مالهما وميراثهما کله فلم يدع لهما مالا إلا أخذه فما تری يا رسول اللہ فوالله لا تنکحان أبدا إلا ولهما مال فقال رسول اللہ صلی اللہ عليه وسلم يقضي اللہ في ذلک قال ونزلت سورة النسا يوصيکم اللہ في أولادکم الآية فقال رسول اللہ صلی اللہ عليه وسلم ادعوا لي المرأة وصاحبها فقال لعمهما أعطهما الثلثين وأعط أمهما الثمن وما بقي فلک (ابو داؤد کتاب الفرایٔض ، وبمعناہ فی الترمذی ابواب الفرایٔض)</p><p>Sayyidna Jabir ibn ` Abdullah has reported the following event: "Once we went out with the Messenger of Allah s until we passed by an Ansari woman in the neighbourhood of Aswaf. The woman came along with her two girls and said: 0 Messenger of Allah, these two girls are daughters of Thabit ibn Qays (my husband) who fell a martyr at the battle of Uhud while with you. The uncle of these girls has taken possession of whatever they had of their entire inheritance and has left nothing for them. What do you say' about it, 0 Messenger of Allah? By Allah, these girls can never hope to be taken in marriage by anyone unless they have some assets. Then, the Holy Prophet ﷺ ، said: Allah will decide in this matter.</p><p>Sayyidna Jabir says: When this verse of Suratun-un- Nisa يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ was revealed, the Holy Prophet ﷺ said: Call that woman and the man she mentioned (the brother of her deceased husband who had taken possession of his entire property). He said to the uncle of the girls: Give the girls two-thirds of the entire property; their mother, one-eighth and what remains is for you. (Abu Dawud, Kitab al-Fara'id Tirmidhi, Abwab al-Fara'id)</p><p>In the case mentioned in the hadith, the Holy Prophet ﷺ gave out two-third to two girls as well, following the very rule of more than two which appears in the verse of the Holy Qur'an under reference.</p><p>After that, it was said: وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ. It means: If the deceased left behind one girl only and no other children, then, she will get one-half of what her father or mother have left behind. The rest will go to other inheritors.</p><p>The share of parents</p><p>The text, moving to the share of the parents of the deceased, mentions three states:</p><p>1. Firstly, the deceased may have left behind parents who are still alive, and children too, whether only one boy or girl, in which case, the father and mother will get 1/6 each. The legacy that remains will go to children, wife or husband. There are particular circumstances when some of the remainder returns back to the father which is in addition to the one-sixth fixed for him. In the terminology of علم الفرایٔض ` Ilmu` l-Fara'id (The Science of the Laws of Inheritance), such entitlement is known as the entitlement of تعصیب "Ta'sib (Agnatic kinship).</p><p>2. Secondly, under a situation when the deceased has no children, brothers or sisters, but does have parents still living, the mother will get 1/3 of the inherited property while the father will get the remaining two-third. This rule governs a situation when the husband or the wife of the deceased is not alive to share in his inheritance. If the husband or wife is present, their share will be taken out first and from what remains, 1/3 will go to the mother and 2/3 to the father.</p><p>3. Thirdly, under a situation when the deceased has no children but does have brothers and sisters whose number is two, whether two brothers or two sisters, or more than two, then, under that situation, the mother will get one-sixth and, if there are no other heirs, the remaining 5/6 will go to the father. As evident, the presence of brothers and sisters has reduced the share of the mother, but the brothers and sisters will get nothing because the father is nearer as compared to brothers and sisters. What remains will go to the father. In this situation, the 'share of the mother has come to 1/6 instead of 1/3. In the terminology of 'Fara'id', this is known as "Hajb al-Nuqsan". The presence of these brothers and sisters causing reduction in the share of parents, irrespective of whether they are real or whether they are from the same father but different mother or whether from the same mother but different father, under all such conditions, their presence will reduce the share of the mother - subject to their being more than one.</p><p>The text, after describing the fixed share, says:</p><p>آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُ‌ونَ أَيُّهُمْ أَقْرَ‌بُ لَكُمْ نَفْعًا ۚ فَرِ‌يضَةً مِّنَ اللَّـهِ ۗ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا</p><p>It means: 'These shares for children and parents have been determined by Allah Almighty Himself in His infinite wisdom because He is Wise and He knows everything. The shares fixed have great considerations behind them. If the distribution of inheritance was left to your opinion, you would have made beneficialness the criterion of such distribution. But, who will be the best to receive or deliver real benefit is something which would have been difficult for you to ascertain with any measure of certainty. Therefore, 'nearness in kinship' was preferred to 'being beneficial' as the criterion of the injunction.</p><p>This verse of the Holy Qur'an clearlydeclares that the shares of inheritance determined by Allah ‘Almighty are settled injunctions from Him. Nobody has any right to enforce opinion or to increase or decrease its stipulations. These should be accepted whole-heartedly This command from everyone's Creator and Master is based on what is wise and beneficial for human beings. There is no aspect of benefit outside the expanse of His knowledge and there is no command He gives bereft of some or the other element of wisdom. Man cannot, all by himself, recognize his gain and loss in the real sense. If this question of the distribution of inheritance was left to man's personal opinion, it was certain that man would not have decided correctly because of his limitations in understanding and, as a result of which, lack of moderation and justice would have affected the distribution of inheritance. So, Allah Almighty, in His most exalted majesty, took this responsibility in His hands so that justice and equity reign supreme in the distribution of property and the capital left by the deceased circulates in the hands of competent inheritors in a manner which is just and equitable.</p>
People entitled to inheritance were briefly mentioned in verse 7 of the previous section which also carries details about some kinds of those so entitled. Also given there are their shares under different circumstances. More details in this connection shall be appearing later towards the end of this Surah. Remaining shares have been identified in ahadith. Muslim jurists have collected and codified all details of the rules of inheritance from the Qur'an and Hadith, giving it the status of a permanent science which, in Islamic terminology, is known as عِلمُ الفرایض ` Ilmul-Fara'id (the Science of the Laws of Inheritance).The present verse (11) describes shares for children and parents along with some related aspects of inheritance.INHERITANCEPreliminary Rights on the Property of the deceasedAccording to the principles of Islamic law, the expenses incurred on the shrouding and burial of a Muslim deceased should be the first thing to be paid out of the property left behind by him. This should be done in accordance with Shari'ah avoiding the extremes of extravagance or stinginess. After that, his debts should be paid. If the amount of his debts is just equal to the property left by him, or even more than that, then, there will be no distribution of inheritance and no application of any will. And in case there remains some property after paying debts, or if there are no debts, then, subject to any will made by him which should not be a will of sin, then, this ‘will’ should be carried out to the extent of one-third of his remaining property. If someone makes a will for his entire property, it will not take effect. Such ‘will’ shall be considered valid for only one-third of his property. The fact is that making a will for more than one-third of the property is not appropriate; and if it is done with the intention of excluding inheritors, it becomes a sin.Once the debts are paid and the will has been applied within one-third, the rest of the property should be distributed among the legal heirs, details of which are available in books of فرایض Faraid, the Muslim law of inheritance. Incidentally, if the deceased has made no will, then, following the payment of debts, the whole of the remaining property shall be distributed as inheritance.The share of childrenAs it has appeared in the previous section, the distribution of inheritance shall be on the principle of الاقرب فالا قرب (the nearest, then, the nearest). Since the children of the deceased and his parents are the nearest, therefore, they inherit under all conditions. These rela-tions are the nearest and most direct of all relationships that human beings have, others being indirect. So, the Holy Qur'an takes up their shares first and beginning from the share of children, it says:يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِAllah directs you concerning your children: for a male there is a share equal to that of two females.This is a universal rule which entitles boys and girls both as recipients of inheritance, determines the shares of each and, at the same time, unfolds the operative rule in the event the deceased leaves behind both male and female children when their shares in the prop-erty will be distributed in a way that each boy gets twice that of a girl. For instance, if someone leaves behind one boy and two girls, the property will be split in four portions or shares out of which 2/4 will be given to the boy and 1/4 to each girl.The importance of giving shares to girlsThe Holy Qur'an demonstrates visible concern to ensure that girls are given their share when it mentions the share of girls as a basis for determining the share of boys. In other words, instead of saying - ` for two females there is a share equal to that of one male'- it has elected to say: لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ (for a male there is a share equal to that of two females.) Those who do not give shares to sisters on the pretext that they have forgone their right are in error, because their sisters usually do not forgo their rights willingly. Done reluctantly, with the knowledge that they are not going to get anything anyway, they think, why create bad blood between brothers and sisters? Such an act of forgiving is not valid under Islamic law. Their claim remains due against brothers - and those who usurp inheritance are terrible sinners. In case minor girls hold shares in such inheritance, not giving them their shares is a sin committed twice by usurping the share of a legal heir and by devouring the property of an orphan.As part of further explanation later, the share of girls has been described by saying:فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَ‌كَIt means that, if there is no male child and there are only girls and they are more than one, then, they shall get two-third of the inherited property in which all girls will be equal sharers. The remaining one-third will go to other rightful heirs of the inheritance, such as the parents of the deceased, wife or husband. Two girls and more than two will all share in the two-third.The share of 'more than two' girls appears in the Qur'anic verse very clearly فَوْقَ اثْنَتَيْنِ (more than two). However, if there are two girls only, they are governed by the same rule which governs more than two. The proof appears in Hadith:حدثنا مسدد حدثنا بشر بن المفضل حدثنا عبد اللہ بن محمد بن عقيل عن جابر بن عبد اللہ قال خرجنا مع رسول اللہ صلی اللہ عليه وسلم حتی جٔنا امرأة من الأنصار في الأسواق فجات المرأة بابنتين لها فقالت يا رسول اللہ هاتان بنتا ثابت بن قيس قتل معک يوم أحد وقد استفا عمهما مالهما وميراثهما کله فلم يدع لهما مالا إلا أخذه فما تری يا رسول اللہ فوالله لا تنکحان أبدا إلا ولهما مال فقال رسول اللہ صلی اللہ عليه وسلم يقضي اللہ في ذلک قال ونزلت سورة النسا يوصيکم اللہ في أولادکم الآية فقال رسول اللہ صلی اللہ عليه وسلم ادعوا لي المرأة وصاحبها فقال لعمهما أعطهما الثلثين وأعط أمهما الثمن وما بقي فلک (ابو داؤد کتاب الفرایٔض ، وبمعناہ فی الترمذی ابواب الفرایٔض)Sayyidna Jabir ibn ` Abdullah has reported the following event: "Once we went out with the Messenger of Allah s until we passed by an Ansari woman in the neighbourhood of Aswaf. The woman came along with her two girls and said: 0 Messenger of Allah, these two girls are daughters of Thabit ibn Qays (my husband) who fell a martyr at the battle of Uhud while with you. The uncle of these girls has taken possession of whatever they had of their entire inheritance and has left nothing for them. What do you say' about it, 0 Messenger of Allah? By Allah, these girls can never hope to be taken in marriage by anyone unless they have some assets. Then, the Holy Prophet ﷺ ، said: Allah will decide in this matter.Sayyidna Jabir says: When this verse of Suratun-un- Nisa يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ was revealed, the Holy Prophet ﷺ said: Call that woman and the man she mentioned (the brother of her deceased husband who had taken possession of his entire property). He said to the uncle of the girls: Give the girls two-thirds of the entire property; their mother, one-eighth and what remains is for you. (Abu Dawud, Kitab al-Fara'id Tirmidhi, Abwab al-Fara'id)In the case mentioned in the hadith, the Holy Prophet ﷺ gave out two-third to two girls as well, following the very rule of more than two which appears in the verse of the Holy Qur'an under reference.After that, it was said: وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ. It means: If the deceased left behind one girl only and no other children, then, she will get one-half of what her father or mother have left behind. The rest will go to other inheritors.The share of parentsThe text, moving to the share of the parents of the deceased, mentions three states:1. Firstly, the deceased may have left behind parents who are still alive, and children too, whether only one boy or girl, in which case, the father and mother will get 1/6 each. The legacy that remains will go to children, wife or husband. There are particular circumstances when some of the remainder returns back to the father which is in addition to the one-sixth fixed for him. In the terminology of علم الفرایٔض ` Ilmu` l-Fara'id (The Science of the Laws of Inheritance), such entitlement is known as the entitlement of تعصیب "Ta'sib (Agnatic kinship).2. Secondly, under a situation when the deceased has no children, brothers or sisters, but does have parents still living, the mother will get 1/3 of the inherited property while the father will get the remaining two-third. This rule governs a situation when the husband or the wife of the deceased is not alive to share in his inheritance. If the husband or wife is present, their share will be taken out first and from what remains, 1/3 will go to the mother and 2/3 to the father.3. Thirdly, under a situation when the deceased has no children but does have brothers and sisters whose number is two, whether two brothers or two sisters, or more than two, then, under that situation, the mother will get one-sixth and, if there are no other heirs, the remaining 5/6 will go to the father. As evident, the presence of brothers and sisters has reduced the share of the mother, but the brothers and sisters will get nothing because the father is nearer as compared to brothers and sisters. What remains will go to the father. In this situation, the 'share of the mother has come to 1/6 instead of 1/3. In the terminology of 'Fara'id', this is known as "Hajb al-Nuqsan". The presence of these brothers and sisters causing reduction in the share of parents, irrespective of whether they are real or whether they are from the same father but different mother or whether from the same mother but different father, under all such conditions, their presence will reduce the share of the mother - subject to their being more than one.The text, after describing the fixed share, says:آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُ‌ونَ أَيُّهُمْ أَقْرَ‌بُ لَكُمْ نَفْعًا ۚ فَرِ‌يضَةً مِّنَ اللَّـهِ ۗ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًاIt means: 'These shares for children and parents have been determined by Allah Almighty Himself in His infinite wisdom because He is Wise and He knows everything. The shares fixed have great considerations behind them. If the distribution of inheritance was left to your opinion, you would have made beneficialness the criterion of such distribution. But, who will be the best to receive or deliver real benefit is something which would have been difficult for you to ascertain with any measure of certainty. Therefore, 'nearness in kinship' was preferred to 'being beneficial' as the criterion of the injunction.This verse of the Holy Qur'an clearlydeclares that the shares of inheritance determined by Allah ‘Almighty are settled injunctions from Him. Nobody has any right to enforce opinion or to increase or decrease its stipulations. These should be accepted whole-heartedly This command from everyone's Creator and Master is based on what is wise and beneficial for human beings. There is no aspect of benefit outside the expanse of His knowledge and there is no command He gives bereft of some or the other element of wisdom. Man cannot, all by himself, recognize his gain and loss in the real sense. If this question of the distribution of inheritance was left to man's personal opinion, it was certain that man would not have decided correctly because of his limitations in understanding and, as a result of which, lack of moderation and justice would have affected the distribution of inheritance. So, Allah Almighty, in His most exalted majesty, took this responsibility in His hands so that justice and equity reign supreme in the distribution of property and the capital left by the deceased circulates in the hands of competent inheritors in a manner which is just and equitable.
11
4
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ ٱللَّهِ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
<p>Upto this point, the text has described the shares of those competent to inherit, those who had the affinity of lineage and birth with the deceased. The present verse talks about some others who do have the competence but are not related by lineage. Instead, they are related by marriage. Details appear in the Commentary.</p><p>Commentary</p><p>The share of the husband and the wife</p><p>In this part of verse 12, the shares of the husband and the wife have been determined. The share of the husband has been mentioned first, perhaps to show its importance because after the death of the wife, the husband becomes part of some other family. If the wife dies at the home of her parents with her assets too being there, her people may avoid giving the share due to the husband. By describing the right of the husband first, the Holy Qur'an has possibly condemned this practice. To explain in details, it means that in case the deceased wife has left no child behind, the husband will get, after the payment of debt and execution of will, one-half of the total property left by the deceased. Out of the remaining half, other heirs, such as the parents of the deceased, her brothers and sisters, will get their shares according to rules set for them.</p><p>If the deceased wife has left children - one or two or more, whether male or female, either from the same husband, or from some previous husband, then, the present husband will get, after the payment of debt and execution of will, one-fourth of the total property left by the deceased woman. Shares from the remaining three-fourth will go to other heirs.</p><p>If it is the husband who dies leaving his wife behind and leaves no children, the wife will get, after the payment of debt and the execution of will, one-fourth of the total property left by the deceased. And if he has left a child - either from the present wife or from some other wife - she will get, after the settlement of debt and will, a one-eight share. And if the deceased husband had more than one wife, all alive at the time of his death, the attending details shall remain the same, however, the share prescribed for the 'wife' (i.e. 1/4 or 1/8) shall be divided equally between all the wives. In other words, every woman will not get a share of one-fourth and one-eighth. Instead, all wives will share the one-fourth or one-eight equally. Then, under both these conditions, the inheritance which remains after settling the share of the husband/ wife will be distributed among other heirs left by them.</p><p>Ruling</p><p>It must be ascertained before the' distribution of inheritance that the مہر mahr (dower) of the wife has been paid. If the deceased has not paid the mahr of his wife, this will be taken as debt, and will have to be paid first from the total property, like all other debts. The inheri-tance will be distributed only after that. It should be noted that the woman, after having received her mahr, shall go on to receive her fixed share in the inheritance as a competent inheritor. And in case, the property left by the deceased is not more than the value, of dower, and nothing remains after it is paid, the entire property will be given to the woman against her debt of mahr very much like other debts and, as a result, no heir will receive any share from the inheritance thus used up.</p><p>After having made a brief mention of rights of relations emerging from lineage and marriage, the text now introduces the injunction which covers the inheritance of a particular deceased who has left no children or parents, details of which appear below:</p><p>The inheritance of Kalalah</p><p>This latter part of verse 12 describes the injunction relating to the inheritance of Kalalah. There have been many definitions of Kalalah. Al-Qurtubi reports these in his Tafsir. According to the most well-known definition, 'A person who dies leaving no ascendants and descendants is Kalalah.'</p><p>` Allamah al-Alusi, the author of Ruh al-Ma'ani says that Kalalah is really a verbal noun used in the sense of Kalal' meaning 'to become exhausted' which denotes 'weakness'. The name Kalalah has been applied to every relationship other than that of father and son because that relationship is weak as compared to the relationship of father and son.</p><p>Moreover, the word, Kalalah has also been applied to the deceased who left no son or father to inherit, as well as to the inheritor who is neither the son nor the father of the deceased. The lexical derivation requires that the word, ذو dhu, should be deemed as understood though not expressed explicitly. Thus Kalalah will be taken in the sense of ذو Dhu Kalalah, meaning 'one having weak relation'. Later on, the word also came to be applied to the property left as inheritance by a deceased having no son and father.</p><p>In gist, if a person, man or woman, dies and leaves behind neither father nor grandfather nor children, but does leave a brother or sister from the same mother and different father, the brother will get 1/6 and, if there is none, the sister will get 1/6. However, if they are more than one (for example, there may be one brother and one sister, or two brothers and two sisters) then, they all will share one-third of the entire property of the deceased. Here, the male will not get twice that of the female. ` Allamah al-Qurtubi says: ولیس فی الفرایٔض موضع یکون فیہ الذَّکرُ و الاُنثیٰ سوآً اِلَّا فی میراث الاخوَّۃِ لِلاُم ط</p><p>The share of the brother and sister</p><p>Let it be clear that this verse refers to the share of Akhyafi brothers and sisters (i.e. from the same mother and different fathers; also referred to as half-brothers and half-sisters). Though, this restriction has not been mentioned in the present verse, but consensus holds it as creditable. The Qira'ah or rendition of Sayyidna Sa'd ibn Abi Waqqas ؓ in this verse is: وَلَهُ أَخٌ أَوْ أُخْتٌ من اُمِّہ (and he has a brother or sister from his mother) as has been reported by al-Qurtubi, al-Alusi, al-Jassas and others. Although this rendition has not come to us through تواتُر tawatur (a consistent narration of a very large number of persons in all ages) but because of the consensus of the entire Muslim ummah, it is worth practicing. Another clear proof is that Allah Almighty mentions the inheritance of Kalalah at the end of Surah Al-Nis-a' as well. If, it has been said there, there is one sister, she will get half. And if there is one brother, he will inherit the entire property of his sister. And if there are two sisters, they will get 2/3. And if there are several brothers and sisters, the male will be given twice that of the female. This injunction appearing at the end of the Surah refers to Aini (real and full) brothers and sisters, and to Allati (from the same father and different mothers) brothers and sisters. If ` Allati and ` Aini' brothers and sisters were to be included here, it will cause a contradiction in injunctions.</p><p>The issues regarding wi11 (Wasiyyah)</p><p>The shares of inheritance have been described thrice in this section and it has been said that this distribution of shares comes after the execution of will and the payment of debt. As it has been stated earlier, one-third of what remains of the property, after taking care of the cost of the funeral for the deceased, and payment of debts, shall be applied to the execution of the will. If the will exceeds the extent of one-third, it is not legally enforceable. According to the rule of Shari'ah, the payment of debt comes before the execution of will. If the entire property is used up in paying debts, there will be no will to execute and no property to distribute. At all the three places where 'will' has been mentioned, 'it' appears before 'debt'. As obvious, this gives the impression that the right of 'will' precedes 'debt'. Removing this misunderstanding, Sayyidna ؓ said:</p><p>انکم تقرأؤن ھذہ الایۃ مِن بعد وصیَّۃ ۔ مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ (مشکوٰۃ بحوالہ ترمذی ص 264)</p><p>(You recite the verse: مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ settling the will they might have made, or debt' [ where 'will' comes first ] but [ practically ] the Holy Prophet ﷺ ، may peace be upon him, has settled, 'debt' before 'will' ).</p><p>Still, we have to know the point as to why will follows debt 'practically' while, in words, it has been mentioned earlier. In this connection, the author of Ruh al-Ma'ani has this to say: و تقدیم الوصیہ علی الدین ذکراً مع ان الدین مقدم علیھا حکما لاظھار کمال العنایہ بتنفیذھا لکونھا مظنۃ للتفریط فی ادایٔھا الخ۔</p><p>It means that the mention of will before debt in this verse is to emphasize upon the enforcement of the wills. Since the beneficiary of a will deserves it without any price paid by him, and often without having a kinship with the testator, it was likely that the inheritors ignore to enforce it or, at least, may cause unnecessary delay in its execution, because they may have not liked to see the property that was to be inherited by them, going to somebody else. So, it was to keep up the importance of will that it was mentioned before debt. Then, it is also not necessary that every person incurs a debt, and if a person incurs it during his lifetime, it is not necessary, that the said debt remains unpaid upto the time of his death. And even if the debt was due to be paid at the time of death, even then, since the claim of debt comes from the debtors to which the inheritors cannot say no, the likelihood of any shortcoming in this respect is slim. This is contrary to the case of will in which the deceased, when he bequeaths part of his property, earnestly desires that he should invest it in something good which serves as ongoing charity on his behalf. Since, there is no chance of a claim on this bequeathed property from any side, there was a possibility that the inheritors themselves might fall. into some sort of shortcoming, so, it was to offset this likelihood that the 'will' has been mentioned first everywhere as a special measure.</p><p>Rulings</p><p>1. If there is no debt and no will, the entire property, after taking care of the funeral expenses, will be distributed over the inheritors.</p><p>Making a will in favour of a heir is not lawful. If someone makes a will in favour of his son, daughter, husband or wife, or for someone else who is going to get a share in his inheritance, then, this will is not enforceable. The inheritors will get what is coming to them as their share in the inheritance. They are not entitled to more than that. The Holy Prophet ﷺ said in his famous address on the occasion of his last Hajj:</p><p>اِنَ اللہ قد اَعطٰی کُل ذِی حَقِّ حَقَّہ فلا وصیَّۃ لِوارث۔ ‘(مشکٰوۃ بحوالہ ابوداؤد ص 265)</p><p>(Surely, Allah has given every person his (or her) right. So,</p><p>there is no will for an inheritor.) (Mishkat with reference to Abu</p><p>Dawud, p. 265)</p><p>However, should other inheritors permit, the will made in favour of a particular inheritor, may be executed first and, then, the rest of the property. may be distributed in accordance with the method laid down by the Shari'ah, in which the particular inheritor will also get his fixed share from the inheritance. So Shari'ah me hadith narrations do carry the exception of اِلَّا ان یشآء الوَرَثۃ (unless inheritors wish). (as in al-Hidayah)</p><p>The words غَيْرَ‌ مُضَارٍّ‌ (causing no damage) appearing after the rules of inheritence of Kalalah have a special significance. They are to warn that even though the execution of the will and paying off the debts have precedence over the shares of the heirs, yet this rule should not be misused to cause harm to the genuine inheritors.</p><p>If anyone makes a will or makes a false admission of indebtedness so as to deprive inheritors, then, he is doing something strictly forbidden and is committing a major sin.</p><p>There are many ways damage can be done through debt and will. For example, one may deliberately lie that he is in debt, just to let that be given to a friend or somebody else. Or, he may show something special which he owns personally as something he holds in trust for somebody so that it can stay out of the total inheritable property. Or, one may make a will for property beyond the extent of one-third. Or, he lies about an unpaid loan he gave to somebody and says that the debt was paid off so that it does not pass on to the inheritors. Or, one may, during his illness culminating in death (مرضَ الموت ), make a gift of more than one-third in the name of somebody.</p><p>These are forms of causing damage. Every legator who is going to bid farewell to this mortal world should do his best to stay away from causing such damages during the last moments of his life.</p><p>It should be noticed that although the words 'causing no damage' have appeared only with the rules relating to Kalalah, however, the rule laid down by them is general and is also understood at two previous places where the precedence of will and debt has been mentioned in these verses. Therefore, it is not the Kalalah only who should refrain from causing harm to his inheritors, but the same rule applies to all persons who wish to make a will.</p><p>The emphasis on distribution according to fixed shares</p><p>Towards the end of the verse, after the shares of inheritance have been described, Allah Almighty has said: وَصِيَّةً مِّنَ اللَّـهِ (All this is prescribed by Allah). It means that it is imperative to act upon what-ever has been prescribed in relation to shares as fixed and the payment of debt and the execution of will as emphasized. Being a mandate and injunction of supreme significance, one should do nothing to contravene it. Then, as additional warning it was said: وَاللَّـهُ عَلِيمٌ حَلِيمٌ (And Allah is All-Knowing, Forbearing). It means that Allah knows everything and He has apportioned these shares knowing everybody's true state of being as in His knowledge. Whoever obeys and acts in accordance with these injunctions, this good deed of his shall not remain outside the reach of His knowledge. And whoever contravenes these injunctions, this evil conduct of his shall certainly appear as it is in the knowledge of Allah for which he shall be held accountable.</p><p>In addition to that, if a deceased person has caused damage to his heirs through debt or will, Allah knows that as well. So, one should never be fearless from Allah's punishment. However, it is quite possible that Allah Almighty may not punish a person right here in this mortal world, because He is Forbearing. But, the one who disobeys and acts in contravention should better not deceive himself by thinking that he really got away.</p>
Upto this point, the text has described the shares of those competent to inherit, those who had the affinity of lineage and birth with the deceased. The present verse talks about some others who do have the competence but are not related by lineage. Instead, they are related by marriage. Details appear in the Commentary.CommentaryThe share of the husband and the wifeIn this part of verse 12, the shares of the husband and the wife have been determined. The share of the husband has been mentioned first, perhaps to show its importance because after the death of the wife, the husband becomes part of some other family. If the wife dies at the home of her parents with her assets too being there, her people may avoid giving the share due to the husband. By describing the right of the husband first, the Holy Qur'an has possibly condemned this practice. To explain in details, it means that in case the deceased wife has left no child behind, the husband will get, after the payment of debt and execution of will, one-half of the total property left by the deceased. Out of the remaining half, other heirs, such as the parents of the deceased, her brothers and sisters, will get their shares according to rules set for them.If the deceased wife has left children - one or two or more, whether male or female, either from the same husband, or from some previous husband, then, the present husband will get, after the payment of debt and execution of will, one-fourth of the total property left by the deceased woman. Shares from the remaining three-fourth will go to other heirs.If it is the husband who dies leaving his wife behind and leaves no children, the wife will get, after the payment of debt and the execution of will, one-fourth of the total property left by the deceased. And if he has left a child - either from the present wife or from some other wife - she will get, after the settlement of debt and will, a one-eight share. And if the deceased husband had more than one wife, all alive at the time of his death, the attending details shall remain the same, however, the share prescribed for the 'wife' (i.e. 1/4 or 1/8) shall be divided equally between all the wives. In other words, every woman will not get a share of one-fourth and one-eighth. Instead, all wives will share the one-fourth or one-eight equally. Then, under both these conditions, the inheritance which remains after settling the share of the husband/ wife will be distributed among other heirs left by them.RulingIt must be ascertained before the' distribution of inheritance that the مہر mahr (dower) of the wife has been paid. If the deceased has not paid the mahr of his wife, this will be taken as debt, and will have to be paid first from the total property, like all other debts. The inheri-tance will be distributed only after that. It should be noted that the woman, after having received her mahr, shall go on to receive her fixed share in the inheritance as a competent inheritor. And in case, the property left by the deceased is not more than the value, of dower, and nothing remains after it is paid, the entire property will be given to the woman against her debt of mahr very much like other debts and, as a result, no heir will receive any share from the inheritance thus used up.After having made a brief mention of rights of relations emerging from lineage and marriage, the text now introduces the injunction which covers the inheritance of a particular deceased who has left no children or parents, details of which appear below:The inheritance of KalalahThis latter part of verse 12 describes the injunction relating to the inheritance of Kalalah. There have been many definitions of Kalalah. Al-Qurtubi reports these in his Tafsir. According to the most well-known definition, 'A person who dies leaving no ascendants and descendants is Kalalah.'` Allamah al-Alusi, the author of Ruh al-Ma'ani says that Kalalah is really a verbal noun used in the sense of Kalal' meaning 'to become exhausted' which denotes 'weakness'. The name Kalalah has been applied to every relationship other than that of father and son because that relationship is weak as compared to the relationship of father and son.Moreover, the word, Kalalah has also been applied to the deceased who left no son or father to inherit, as well as to the inheritor who is neither the son nor the father of the deceased. The lexical derivation requires that the word, ذو dhu, should be deemed as understood though not expressed explicitly. Thus Kalalah will be taken in the sense of ذو Dhu Kalalah, meaning 'one having weak relation'. Later on, the word also came to be applied to the property left as inheritance by a deceased having no son and father.In gist, if a person, man or woman, dies and leaves behind neither father nor grandfather nor children, but does leave a brother or sister from the same mother and different father, the brother will get 1/6 and, if there is none, the sister will get 1/6. However, if they are more than one (for example, there may be one brother and one sister, or two brothers and two sisters) then, they all will share one-third of the entire property of the deceased. Here, the male will not get twice that of the female. ` Allamah al-Qurtubi says: ولیس فی الفرایٔض موضع یکون فیہ الذَّکرُ و الاُنثیٰ سوآً اِلَّا فی میراث الاخوَّۃِ لِلاُم طThe share of the brother and sisterLet it be clear that this verse refers to the share of Akhyafi brothers and sisters (i.e. from the same mother and different fathers; also referred to as half-brothers and half-sisters). Though, this restriction has not been mentioned in the present verse, but consensus holds it as creditable. The Qira'ah or rendition of Sayyidna Sa'd ibn Abi Waqqas ؓ in this verse is: وَلَهُ أَخٌ أَوْ أُخْتٌ من اُمِّہ (and he has a brother or sister from his mother) as has been reported by al-Qurtubi, al-Alusi, al-Jassas and others. Although this rendition has not come to us through تواتُر tawatur (a consistent narration of a very large number of persons in all ages) but because of the consensus of the entire Muslim ummah, it is worth practicing. Another clear proof is that Allah Almighty mentions the inheritance of Kalalah at the end of Surah Al-Nis-a' as well. If, it has been said there, there is one sister, she will get half. And if there is one brother, he will inherit the entire property of his sister. And if there are two sisters, they will get 2/3. And if there are several brothers and sisters, the male will be given twice that of the female. This injunction appearing at the end of the Surah refers to Aini (real and full) brothers and sisters, and to Allati (from the same father and different mothers) brothers and sisters. If ` Allati and ` Aini' brothers and sisters were to be included here, it will cause a contradiction in injunctions.The issues regarding wi11 (Wasiyyah)The shares of inheritance have been described thrice in this section and it has been said that this distribution of shares comes after the execution of will and the payment of debt. As it has been stated earlier, one-third of what remains of the property, after taking care of the cost of the funeral for the deceased, and payment of debts, shall be applied to the execution of the will. If the will exceeds the extent of one-third, it is not legally enforceable. According to the rule of Shari'ah, the payment of debt comes before the execution of will. If the entire property is used up in paying debts, there will be no will to execute and no property to distribute. At all the three places where 'will' has been mentioned, 'it' appears before 'debt'. As obvious, this gives the impression that the right of 'will' precedes 'debt'. Removing this misunderstanding, Sayyidna ؓ said:انکم تقرأؤن ھذہ الایۃ مِن بعد وصیَّۃ ۔ مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ (مشکوٰۃ بحوالہ ترمذی ص 264)(You recite the verse: مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ settling the will they might have made, or debt' [ where 'will' comes first ] but [ practically ] the Holy Prophet ﷺ ، may peace be upon him, has settled, 'debt' before 'will' ).Still, we have to know the point as to why will follows debt 'practically' while, in words, it has been mentioned earlier. In this connection, the author of Ruh al-Ma'ani has this to say: و تقدیم الوصیہ علی الدین ذکراً مع ان الدین مقدم علیھا حکما لاظھار کمال العنایہ بتنفیذھا لکونھا مظنۃ للتفریط فی ادایٔھا الخ۔It means that the mention of will before debt in this verse is to emphasize upon the enforcement of the wills. Since the beneficiary of a will deserves it without any price paid by him, and often without having a kinship with the testator, it was likely that the inheritors ignore to enforce it or, at least, may cause unnecessary delay in its execution, because they may have not liked to see the property that was to be inherited by them, going to somebody else. So, it was to keep up the importance of will that it was mentioned before debt. Then, it is also not necessary that every person incurs a debt, and if a person incurs it during his lifetime, it is not necessary, that the said debt remains unpaid upto the time of his death. And even if the debt was due to be paid at the time of death, even then, since the claim of debt comes from the debtors to which the inheritors cannot say no, the likelihood of any shortcoming in this respect is slim. This is contrary to the case of will in which the deceased, when he bequeaths part of his property, earnestly desires that he should invest it in something good which serves as ongoing charity on his behalf. Since, there is no chance of a claim on this bequeathed property from any side, there was a possibility that the inheritors themselves might fall. into some sort of shortcoming, so, it was to offset this likelihood that the 'will' has been mentioned first everywhere as a special measure.Rulings1. If there is no debt and no will, the entire property, after taking care of the funeral expenses, will be distributed over the inheritors.Making a will in favour of a heir is not lawful. If someone makes a will in favour of his son, daughter, husband or wife, or for someone else who is going to get a share in his inheritance, then, this will is not enforceable. The inheritors will get what is coming to them as their share in the inheritance. They are not entitled to more than that. The Holy Prophet ﷺ said in his famous address on the occasion of his last Hajj:اِنَ اللہ قد اَعطٰی کُل ذِی حَقِّ حَقَّہ فلا وصیَّۃ لِوارث۔ ‘(مشکٰوۃ بحوالہ ابوداؤد ص 265)(Surely, Allah has given every person his (or her) right. So,there is no will for an inheritor.) (Mishkat with reference to AbuDawud, p. 265)However, should other inheritors permit, the will made in favour of a particular inheritor, may be executed first and, then, the rest of the property. may be distributed in accordance with the method laid down by the Shari'ah, in which the particular inheritor will also get his fixed share from the inheritance. So Shari'ah me hadith narrations do carry the exception of اِلَّا ان یشآء الوَرَثۃ (unless inheritors wish). (as in al-Hidayah)The words غَيْرَ‌ مُضَارٍّ‌ (causing no damage) appearing after the rules of inheritence of Kalalah have a special significance. They are to warn that even though the execution of the will and paying off the debts have precedence over the shares of the heirs, yet this rule should not be misused to cause harm to the genuine inheritors.If anyone makes a will or makes a false admission of indebtedness so as to deprive inheritors, then, he is doing something strictly forbidden and is committing a major sin.There are many ways damage can be done through debt and will. For example, one may deliberately lie that he is in debt, just to let that be given to a friend or somebody else. Or, he may show something special which he owns personally as something he holds in trust for somebody so that it can stay out of the total inheritable property. Or, one may make a will for property beyond the extent of one-third. Or, he lies about an unpaid loan he gave to somebody and says that the debt was paid off so that it does not pass on to the inheritors. Or, one may, during his illness culminating in death (مرضَ الموت ), make a gift of more than one-third in the name of somebody.These are forms of causing damage. Every legator who is going to bid farewell to this mortal world should do his best to stay away from causing such damages during the last moments of his life.It should be noticed that although the words 'causing no damage' have appeared only with the rules relating to Kalalah, however, the rule laid down by them is general and is also understood at two previous places where the precedence of will and debt has been mentioned in these verses. Therefore, it is not the Kalalah only who should refrain from causing harm to his inheritors, but the same rule applies to all persons who wish to make a will.The emphasis on distribution according to fixed sharesTowards the end of the verse, after the shares of inheritance have been described, Allah Almighty has said: وَصِيَّةً مِّنَ اللَّـهِ (All this is prescribed by Allah). It means that it is imperative to act upon what-ever has been prescribed in relation to shares as fixed and the payment of debt and the execution of will as emphasized. Being a mandate and injunction of supreme significance, one should do nothing to contravene it. Then, as additional warning it was said: وَاللَّـهُ عَلِيمٌ حَلِيمٌ (And Allah is All-Knowing, Forbearing). It means that Allah knows everything and He has apportioned these shares knowing everybody's true state of being as in His knowledge. Whoever obeys and acts in accordance with these injunctions, this good deed of his shall not remain outside the reach of His knowledge. And whoever contravenes these injunctions, this evil conduct of his shall certainly appear as it is in the knowledge of Allah for which he shall be held accountable.In addition to that, if a deceased person has caused damage to his heirs through debt or will, Allah knows that as well. So, one should never be fearless from Allah's punishment. However, it is quite possible that Allah Almighty may not punish a person right here in this mortal world, because He is Forbearing. But, the one who disobeys and acts in contravention should better not deceive himself by thinking that he really got away.
12
4
تِلْكَ حُدُودُ ٱللَّهِ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
<p>Commentary</p><p>It is the consistent style of the Holy Qur'an that whenever it has described the beliefs and injunctions prescribed by Allah, it is followed by promises of reward or warnings of punishment.</p><p>This is what has been done here in these two verses after mentioning the rules of inheritance. The purpose is to stress upon Muslims to obey these injunctions.</p><p>SOME ADDITIONAL RULES OF INHERITANCE</p><p>A Muslim cannot inherit from a Kafir</p><p>Although, the distribution of inheritance is based on nearness of kinship, but there are certain exceptions to this rule. First of all, the deceased and his inheritor should not be from two different religions. Therefore, a Muslim will not inherit from any kafir and no kafir from a Muslim, no matter what lineal relationship they may have between them. The Holy Prophet ﷺ said: لا یرِثُ المسلِم الکافرِ ولا الکاففرُ المَسلم (مشکوٰۃ ص 263)</p><p>(The Muslim does not inherit the kafir, nor does the kafir (inherit) the Muslim.) (Mishkat, p. 263)</p><p>This rule relates to a situation when a person is a Muslim or a kafir by birth. But, if a person who was first a Muslim, turned away from Islam and became an apostate and died or was killed in that state of apostasy, all his earnings while being a Muslim shall go to his Muslim inheritors, and whatever he may have earned after his apostasy shall be deposited in the Bayt al-Mal (Public Exchequer).</p><p>But, if a woman becomes an apostate, all her property, whether acquired during her days of Islam or during apostasy, shall go to her Muslim inheritors. However, an apostate as such, man or woman, shall not inherit from any Muslim nor from any other apostate.</p><p>The inheritance of the killer</p><p>If someone kills a person from whose property he was entitled to receive a share, he shall no longer remain his inheritor and shall be excluded from the inheritance of the person whom he has killed.</p><p>The Holy Prophet ﷺ said: القاتلُ لا یرِثُ (مشکوٰۃ ص 263) (The killer shall not inherit.) (Mishkat, p. 263) However, some forms of qatl al-khata' (accidental or unintended homicide) are excepted from this rule, details of which appear in books of Fiqh.</p><p>The inheritance of the unborn child</p><p>If a person leaves some children and his wife is pregnant, then this unborn child will also be counted among inheritors. But, since it is either difficult or uncertain to determine the sex or the number of children in the mother's womb, it would be appropriate to postpone the distribution of inheritance until the birth of the child. If, the distribution of property has to be made necessarily, then, as an expedient measure, one must suppose two situations in terms of a boy or a girl and distribute to the inheritors the lesser portion coming out of the two situations. The remaining should be held for the child-to-be-born.</p><p>The inheritance of a woman in the period of ` iddah عِدَّت</p><p>In case a person divorces his wife and the divorce is revocable, and this person dies before the revocation of the divorce and the expiry of his wife's waiting period, then this woman will get a share in the inheritance, for the marriage is in force.</p><p>If a person divorces his wife during his sickness culminating in his death, even though the divorce is irrevocable or pronounced thrice, and he died before the expiry of the waiting period, even then, this woman will get a share in the inheritance. And in order to make her inherit, the longer of the two waiting periods shall be taken as operative in the following manner</p><p>The waiting period following a divorce is three menstrual periods and the waiting period following the death of the husband is four (lunar) months and ten days. The waiting period out of the two which lasts longer shall be prescribed as the waiting period for the aforesaid woman so that the woman may get a share in the inheritance as far as possible.</p><p>And if a person divorces his wife, irrevocably or by pronouncing it thrice, prior to any sickness culminating in his death and, a few days later he passes away during the period of his wife's waiting period, then, she will not get a share in the inheritance under this situation. However, if the divorce given was revocable, she will inherit.</p><p>Ruling:</p><p>If a wife secures a separation from the husband at her own instance (خُلَع : khul`) within the period of his sickness which culminates in his death, then, she will not be an inheritor, even though her husband may die during her waiting period.</p><p>The inheritance of 'asbat' اسباط</p><p>There are twelve heirs for whom specified shares have been settled and fixed by the Shari'ah known as Fara` id. These heirs are called اصحاب الفروض ashabul-furad, that is, the possessors of obligatory shares in inheritance as determined in the Holy Qur'an.' These have been explained earlier. If there is no heir from the category of اصحاب الفروض ashabul-furud or there remains some property after shares have been given to اصحاب الفروض ashabul-furud, this remainder or residue is given to ` asbat (agnatic heir, or residuary). There are times when one person alone inherits in both capacities. There are other situations when the children of the deceased and his father too become ` asbat and so do the offspring of the father, that is, the brother.</p><p>There are several kinds of asbat or agnates, details of which appear in the کتب الفرأٰض books of Fara'id. To illustrate, here is an example: Zayd died leaving behind four heirs - wife, daughter, mother and uncle. Zayd's property will be divided into a total of twenty four shares. Half of these, that is, twelve shares will go to the daughter, three shares to the wife against her 1/8, four shares to the mother against her 1/6, and the residue of five shares will go the uncle in the capacity of his being ` asbat, the nearest male agnate.</p><p>Rulings</p><p>1. If there are no ` asbat (agnatic heirs) the residue of the property following the distribution of shares to ashabul-furud, is also given to them. In the terminology of علم الفرایٔض ` Ilmul-fara'id, this is known as the principle of Radd or Return since the residue 'returns' to them in proportion to their shares. However, the husband or the wife is not entitled to this 'return' and they are not given any more than their specified shares.</p><p>If there is no one from ashabul-furud and no one from ` asbat either, the inheritance goes to Dhawil-Arliam (maternal kinsmen). There is a large list of Dhawil-Arham which includes maternal grand-sons and granddaughters, offspring of sisters, paternal aunts, maternal uncles, and aunts. Since the subject has lot more details which cannot be taken up in the present context, it is hoped that comments already offered will be sufficient.</p>
CommentaryIt is the consistent style of the Holy Qur'an that whenever it has described the beliefs and injunctions prescribed by Allah, it is followed by promises of reward or warnings of punishment.This is what has been done here in these two verses after mentioning the rules of inheritance. The purpose is to stress upon Muslims to obey these injunctions.SOME ADDITIONAL RULES OF INHERITANCEA Muslim cannot inherit from a KafirAlthough, the distribution of inheritance is based on nearness of kinship, but there are certain exceptions to this rule. First of all, the deceased and his inheritor should not be from two different religions. Therefore, a Muslim will not inherit from any kafir and no kafir from a Muslim, no matter what lineal relationship they may have between them. The Holy Prophet ﷺ said: لا یرِثُ المسلِم الکافرِ ولا الکاففرُ المَسلم (مشکوٰۃ ص 263)(The Muslim does not inherit the kafir, nor does the kafir (inherit) the Muslim.) (Mishkat, p. 263)This rule relates to a situation when a person is a Muslim or a kafir by birth. But, if a person who was first a Muslim, turned away from Islam and became an apostate and died or was killed in that state of apostasy, all his earnings while being a Muslim shall go to his Muslim inheritors, and whatever he may have earned after his apostasy shall be deposited in the Bayt al-Mal (Public Exchequer).But, if a woman becomes an apostate, all her property, whether acquired during her days of Islam or during apostasy, shall go to her Muslim inheritors. However, an apostate as such, man or woman, shall not inherit from any Muslim nor from any other apostate.The inheritance of the killerIf someone kills a person from whose property he was entitled to receive a share, he shall no longer remain his inheritor and shall be excluded from the inheritance of the person whom he has killed.The Holy Prophet ﷺ said: القاتلُ لا یرِثُ (مشکوٰۃ ص 263) (The killer shall not inherit.) (Mishkat, p. 263) However, some forms of qatl al-khata' (accidental or unintended homicide) are excepted from this rule, details of which appear in books of Fiqh.The inheritance of the unborn childIf a person leaves some children and his wife is pregnant, then this unborn child will also be counted among inheritors. But, since it is either difficult or uncertain to determine the sex or the number of children in the mother's womb, it would be appropriate to postpone the distribution of inheritance until the birth of the child. If, the distribution of property has to be made necessarily, then, as an expedient measure, one must suppose two situations in terms of a boy or a girl and distribute to the inheritors the lesser portion coming out of the two situations. The remaining should be held for the child-to-be-born.The inheritance of a woman in the period of ` iddah عِدَّتIn case a person divorces his wife and the divorce is revocable, and this person dies before the revocation of the divorce and the expiry of his wife's waiting period, then this woman will get a share in the inheritance, for the marriage is in force.If a person divorces his wife during his sickness culminating in his death, even though the divorce is irrevocable or pronounced thrice, and he died before the expiry of the waiting period, even then, this woman will get a share in the inheritance. And in order to make her inherit, the longer of the two waiting periods shall be taken as operative in the following mannerThe waiting period following a divorce is three menstrual periods and the waiting period following the death of the husband is four (lunar) months and ten days. The waiting period out of the two which lasts longer shall be prescribed as the waiting period for the aforesaid woman so that the woman may get a share in the inheritance as far as possible.And if a person divorces his wife, irrevocably or by pronouncing it thrice, prior to any sickness culminating in his death and, a few days later he passes away during the period of his wife's waiting period, then, she will not get a share in the inheritance under this situation. However, if the divorce given was revocable, she will inherit.Ruling:If a wife secures a separation from the husband at her own instance (خُلَع : khul`) within the period of his sickness which culminates in his death, then, she will not be an inheritor, even though her husband may die during her waiting period.The inheritance of 'asbat' اسباطThere are twelve heirs for whom specified shares have been settled and fixed by the Shari'ah known as Fara` id. These heirs are called اصحاب الفروض ashabul-furad, that is, the possessors of obligatory shares in inheritance as determined in the Holy Qur'an.' These have been explained earlier. If there is no heir from the category of اصحاب الفروض ashabul-furud or there remains some property after shares have been given to اصحاب الفروض ashabul-furud, this remainder or residue is given to ` asbat (agnatic heir, or residuary). There are times when one person alone inherits in both capacities. There are other situations when the children of the deceased and his father too become ` asbat and so do the offspring of the father, that is, the brother.There are several kinds of asbat or agnates, details of which appear in the کتب الفرأٰض books of Fara'id. To illustrate, here is an example: Zayd died leaving behind four heirs - wife, daughter, mother and uncle. Zayd's property will be divided into a total of twenty four shares. Half of these, that is, twelve shares will go to the daughter, three shares to the wife against her 1/8, four shares to the mother against her 1/6, and the residue of five shares will go the uncle in the capacity of his being ` asbat, the nearest male agnate.Rulings1. If there are no ` asbat (agnatic heirs) the residue of the property following the distribution of shares to ashabul-furud, is also given to them. In the terminology of علم الفرایٔض ` Ilmul-fara'id, this is known as the principle of Radd or Return since the residue 'returns' to them in proportion to their shares. However, the husband or the wife is not entitled to this 'return' and they are not given any more than their specified shares.If there is no one from ashabul-furud and no one from ` asbat either, the inheritance goes to Dhawil-Arliam (maternal kinsmen). There is a large list of Dhawil-Arham which includes maternal grand-sons and granddaughters, offspring of sisters, paternal aunts, maternal uncles, and aunts. Since the subject has lot more details which cannot be taken up in the present context, it is hoped that comments already offered will be sufficient.
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وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَٰلِدًا فِيهَا وَلَهُۥ عَذَابٌ مُّهِينٌ
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وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًا
<p>Sequence</p><p>In previous verses, the objective was to correct the malpractices of the days of ignorance committed about orphans and inheritances. The people of jahiliyyah also used to subject women to cruel treatment. They had certain other evil customs also, such as marrying prohibited women.</p><p>The present verses are meant to correct such customs, however, it has been permitted that if a woman commits a proven guilt, she can be punished. This subject of correcting the evil customs will continue through the next two or three sections.</p><p>Commentary</p><p>These verses prescribe punishments for men and women who commit zina, (adultery or fornication). If this comes from women, the first verse requires the presence of four male witnesses to prove it. It means that the executive authority before which the case goes should call for four qualified witnesses to prove zinc. Then, it is necessary that all the witnesses are male. The testimony of women in this connection is not valid.</p><p>Since the guilt of zina is of extremely grave nature which not only violates honour and modesty, but also brings bad name to the family, Islam has taken very strict attitude while setting the standard of evidence to prove this guilt. Firstly, there came the condition that witnesses have to be men; the evidence of women was not considered valid. Secondly, the number of the required witnesses is raised to four. As obvious, this condition is very hard to meet. It is something which can very seldom take place. This strict approach was taken so that the husband of the woman, his mother or (another) wife or sister do not level undue accusations against her out of personal spite. It was also to check that other ill-wishing people do not get any chance to release their personal hostility by accusing her falsely. Testimony to zina by less than four individuals renders their evidence invalid in which case the complainant and the witnesses may all be charged as liars and the Hadd of Qadhf (punishment for false accusation) becomes operative against them for having falsely accused a Muslim.</p><p>It has been very clearly said in Surah An-Nur:</p><p>لَّوْلَا جَاءُوا عَلَيْهِ بِأَرْ‌بَعَةِ شُهَدَاءَ ۚ فَإِذْ لَمْ يَأْتُوا بِالشُّهَدَاءِ فَأُولَـٰئِكَ عِندَ اللَّـهِ هُمُ الْكَاذِبُونَ ﴿13﴾</p><p>which means that those who cannot produce four witnesses are liars.</p><p>Some revered elders, describing the wisdom behind the need to have four witnesses, have said that since this case involves two ; individuals, man and woman, this one single case comes, so to speak, under the purview of one rule for two cases. Since each case requires two witnesses, so four witnesses will be necessary in this case.</p><p>Towards the end of the verse, it is said that should they both repent and correct themselves, then, leave them. It means that, in case they have repented after punishment, they should not be disgraced and punished any more. It does not mean that the act of repentance has absolved them of the punishment because this repentance has been mentioned after punishment as obvious from the ramification of the letter fa' (literally, "then, turn away", which has been left as under-stood in the present translation). However, in case repentance has not been made, reproach is in order even after punishment.</p><p>No definite حدّ Hadd (punishment) has been described in these two verses of the Holy Qur'an. What has been said here is limited to "torture them" and "confine the fornicating women to their homes". No particular method of such "torture" has been described either, and this has been left to the discretion of the authorities. Sayyidna Ibn ` Abbas ؓ ، says that torture here means that they should be verbally reproached and put to shame, as well as, given physical punishment such as hitting with hands and shoes ... This statement reported from Sayyidna Ibn ` Abbas ؓ appears to be illustrative. The fact of the matter is that this whole thing has been left to the discretion of the authorities.</p><p>In the order of revelation, the injunction 'to torture' the adulterers came first, and it was later that the women guilty of adultery were ordered to be 'confined to their homes'. While giving this command, the Holy Qur'an has mentioned two limits for the period of their confinement. The words used are: "Confine those women to their homes until death overcomes them or Allah prescribes a way for them". It means that such women shall be confined to their homes till their death, however, if Allah prescribes some other punishment for them while they are still alive, then that punishment will replace the punishment of confinement. That new (expected) punishment has been referred to in this verse as 'a way' prescribed by Allah. Later this 'way' as promised in this verse was prescribed and was revealed. Interpreting the word 'way' used in this verse, Sayyidna Ibn ` Abbas ؓ says, یعنی الرجم للثیب و الجلد للبکر (that is, stoning to death, for the married and lashing for the unmarried.) (al-Bukhari, Kitab al-Tafsir, v.2, p. 657)</p><p>This "way" stands proved through clear statements of the Holy Prophet ﷺ himself where the relevant injunctions for the married and the unmarried have been described separately. The Holy Prophet ﷺ had pronounced the Hadd punishment of zina in the case of Sayyidna Ma` iz ibn Malik ؓ and a woman from the tribe of Azd. Since both of them were married, they were stoned to death. In addition to that, a couple from among the Jews of Madinah was also stoned to death because of zina and this judgment against them was pronounced on the authority of an injunction of Torah.</p><p>The injunction relating to the unmarried offender is mentioned in Surah al-Nur of the Holy Qur'an itself:</p><p>الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ</p><p>(The fornicator, woman or man, administer each one of them - a hundred lashes.) - (24:2)</p><p>A verse of the Holy Qur'an was also revealed earlier to cover the injunction of رجم rajm (stoning to death), but its recitation was later on abrogated. However, the injunction itself was retained as operative.</p><p>Sayyidna ` Umar ؓ عنہ has said:</p><p>اِنَ اللہ بعث مُحَمَّداً بلحق و انزلَ علیہِ الکتاب فکان مإَّا انزل اللہ تعالیٰ آیۃَ الرِّجم رَجَمَ رسول اللہ ﷺ ورَجَمنا بعدہ والرَّج، ُ چی کتاب اللہِ حَقُّ علٰی من زَنٰی اذا احصن منِ الرِّجال ِ والنِّساءِ (بخاری و مسلم – مشکوٰۃ ص 309)</p><p>(Surely, Allah sent Muhammad ﷺ with the truth and sent down to him the Book. Then, in what was revealed by Allah Almighty there was the verse of Rajm. The Holy Prophet ﷺ stoned and we stoned after him and the revealed injunction of Rajm stands proved against everyone who commits zina despite being married, whether man or woman.) (al-Bukhari, Muslim, as in Mishkat, p. 309)</p><p>To sum up, the injunction of 'torturing' and 'confining to homes' which appears in these verses was abrogated after the subsequent revelation of the legal Hadd punishment of zinc, that is, one hundred lashes or Rajm will be mandatory. More details in this connection will, God willing, appear in the commentary on Surah al-Nur.</p>
SequenceIn previous verses, the objective was to correct the malpractices of the days of ignorance committed about orphans and inheritances. The people of jahiliyyah also used to subject women to cruel treatment. They had certain other evil customs also, such as marrying prohibited women.The present verses are meant to correct such customs, however, it has been permitted that if a woman commits a proven guilt, she can be punished. This subject of correcting the evil customs will continue through the next two or three sections.CommentaryThese verses prescribe punishments for men and women who commit zina, (adultery or fornication). If this comes from women, the first verse requires the presence of four male witnesses to prove it. It means that the executive authority before which the case goes should call for four qualified witnesses to prove zinc. Then, it is necessary that all the witnesses are male. The testimony of women in this connection is not valid.Since the guilt of zina is of extremely grave nature which not only violates honour and modesty, but also brings bad name to the family, Islam has taken very strict attitude while setting the standard of evidence to prove this guilt. Firstly, there came the condition that witnesses have to be men; the evidence of women was not considered valid. Secondly, the number of the required witnesses is raised to four. As obvious, this condition is very hard to meet. It is something which can very seldom take place. This strict approach was taken so that the husband of the woman, his mother or (another) wife or sister do not level undue accusations against her out of personal spite. It was also to check that other ill-wishing people do not get any chance to release their personal hostility by accusing her falsely. Testimony to zina by less than four individuals renders their evidence invalid in which case the complainant and the witnesses may all be charged as liars and the Hadd of Qadhf (punishment for false accusation) becomes operative against them for having falsely accused a Muslim.It has been very clearly said in Surah An-Nur:لَّوْلَا جَاءُوا عَلَيْهِ بِأَرْ‌بَعَةِ شُهَدَاءَ ۚ فَإِذْ لَمْ يَأْتُوا بِالشُّهَدَاءِ فَأُولَـٰئِكَ عِندَ اللَّـهِ هُمُ الْكَاذِبُونَ ﴿13﴾which means that those who cannot produce four witnesses are liars.Some revered elders, describing the wisdom behind the need to have four witnesses, have said that since this case involves two ; individuals, man and woman, this one single case comes, so to speak, under the purview of one rule for two cases. Since each case requires two witnesses, so four witnesses will be necessary in this case.Towards the end of the verse, it is said that should they both repent and correct themselves, then, leave them. It means that, in case they have repented after punishment, they should not be disgraced and punished any more. It does not mean that the act of repentance has absolved them of the punishment because this repentance has been mentioned after punishment as obvious from the ramification of the letter fa' (literally, "then, turn away", which has been left as under-stood in the present translation). However, in case repentance has not been made, reproach is in order even after punishment.No definite حدّ Hadd (punishment) has been described in these two verses of the Holy Qur'an. What has been said here is limited to "torture them" and "confine the fornicating women to their homes". No particular method of such "torture" has been described either, and this has been left to the discretion of the authorities. Sayyidna Ibn ` Abbas ؓ ، says that torture here means that they should be verbally reproached and put to shame, as well as, given physical punishment such as hitting with hands and shoes ... This statement reported from Sayyidna Ibn ` Abbas ؓ appears to be illustrative. The fact of the matter is that this whole thing has been left to the discretion of the authorities.In the order of revelation, the injunction 'to torture' the adulterers came first, and it was later that the women guilty of adultery were ordered to be 'confined to their homes'. While giving this command, the Holy Qur'an has mentioned two limits for the period of their confinement. The words used are: "Confine those women to their homes until death overcomes them or Allah prescribes a way for them". It means that such women shall be confined to their homes till their death, however, if Allah prescribes some other punishment for them while they are still alive, then that punishment will replace the punishment of confinement. That new (expected) punishment has been referred to in this verse as 'a way' prescribed by Allah. Later this 'way' as promised in this verse was prescribed and was revealed. Interpreting the word 'way' used in this verse, Sayyidna Ibn ` Abbas ؓ says, یعنی الرجم للثیب و الجلد للبکر (that is, stoning to death, for the married and lashing for the unmarried.) (al-Bukhari, Kitab al-Tafsir, v.2, p. 657)This "way" stands proved through clear statements of the Holy Prophet ﷺ himself where the relevant injunctions for the married and the unmarried have been described separately. The Holy Prophet ﷺ had pronounced the Hadd punishment of zina in the case of Sayyidna Ma` iz ibn Malik ؓ and a woman from the tribe of Azd. Since both of them were married, they were stoned to death. In addition to that, a couple from among the Jews of Madinah was also stoned to death because of zina and this judgment against them was pronounced on the authority of an injunction of Torah.The injunction relating to the unmarried offender is mentioned in Surah al-Nur of the Holy Qur'an itself:الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ(The fornicator, woman or man, administer each one of them - a hundred lashes.) - (24:2)A verse of the Holy Qur'an was also revealed earlier to cover the injunction of رجم rajm (stoning to death), but its recitation was later on abrogated. However, the injunction itself was retained as operative.Sayyidna ` Umar ؓ عنہ has said:اِنَ اللہ بعث مُحَمَّداً بلحق و انزلَ علیہِ الکتاب فکان مإَّا انزل اللہ تعالیٰ آیۃَ الرِّجم رَجَمَ رسول اللہ ﷺ ورَجَمنا بعدہ والرَّج، ُ چی کتاب اللہِ حَقُّ علٰی من زَنٰی اذا احصن منِ الرِّجال ِ والنِّساءِ (بخاری و مسلم – مشکوٰۃ ص 309)(Surely, Allah sent Muhammad ﷺ with the truth and sent down to him the Book. Then, in what was revealed by Allah Almighty there was the verse of Rajm. The Holy Prophet ﷺ stoned and we stoned after him and the revealed injunction of Rajm stands proved against everyone who commits zina despite being married, whether man or woman.) (al-Bukhari, Muslim, as in Mishkat, p. 309)To sum up, the injunction of 'torturing' and 'confining to homes' which appears in these verses was abrogated after the subsequent revelation of the legal Hadd punishment of zinc, that is, one hundred lashes or Rajm will be mandatory. More details in this connection will, God willing, appear in the commentary on Surah al-Nur.
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وَٱلَّذَانِ يَأْتِيَٰنِهَا مِنكُمْ فَـَٔاذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُوا۟ عَنْهُمَآ إِنَّ ٱللَّهَ كَانَ تَوَّابًا رَّحِيمًا
<p>Homosexuality</p><p>The above discussion was based on the assumptions that both verses 15 and 16 relate to the fornication or adultery committed between men and women. However, some commentators of the Holy Qur'an, including Qadi Thanaullah Panipati, are of the view that verse 16 refers to homosexual act committed between two males. Verse 16 is translated as follows:</p><p>"And those two of you who commit it (the shameful act), torture them both".</p><p>Here the Arabic word used for 'those two of you is a masculine pronoun which presumes males on both sides. On this basis, these commentators have opined that this verse relates to two males committing unnatural shameful act, i.e. homosexuality. The commentators, who take both verses as referring to fornication or adultery, refute this argument on the principle that in general usage masculine expressions include feminine also. Be that as it may, the possibility of a reference to homosexuality in this verse cannot be ruled out. Therefore, it is pertinent here to give some details about the severe prohibition of homosexuality. Here are some Traditions of the Holy Prophet ﷺ and his noble Companions ؓ on this subject:</p><p>عن ابی ہریرہ ؓ ان رسول اللہ ﷺ قال : لعن اللہ سبعۃ من خلقہ من فوق سبع سمٰوتہ وردّد اللعنۃ علی واحد منھم ثلاثاً و لعن کل واحد منھم لعنۃ تکفیہ، قال : ملعون من عمل عمل قوم لوط، ملعون من عمل عمل قوم لوط ملعون من عمل عمل قوم لوط ، (الحدیث)</p><p>As narrated by Sayyidna Abu Hurairah ؓ the Holy Prophet ﷺ said: "Allah has cursed seven types of his creatures from above the seven heavens. He has cursed one of them thrice, while has cursed the others one time which is enough for them. (About the one whom He has cursed thrice) He has said, "Cursed is he who did what the people of لوط (علیہ السلام) Lot did. Cursed is he who did what the people of Lot did. Cursed is he who did what the people of Lot did." (At-Targhib wat-Tarhib)</p><p>عن ابی ہریرہ ؓ ان رسول اللہ ﷺ قال : أربعۃ یصبحون فی غضب اللہ و یمسون فی سخط اللہ، قُلتُ : مَن ھم یا رسول اللہ ؟ قال : المشتبھون من الرجال بالنساء والمتشبھات من النساء بالرجال، والذی یأتی البھیمۃ ، والذی یأتی الرجال۔</p><p>Sayyidna Abu Hurairah ؓ عنہ reports that the Holy Prophet ﷺ said: "Four types of people are, when they begin their day, under the wrath of Allah and when they reach their evenings they are under the rage of Allah." I asked: "Who are they, 0 Messenger of Allah?" He said: "Men who imitate women and women who imitate men and he who goes unto animals and he who goes unto men".</p><p>و عن انم عباس ؓ قال : قال رسول اللہ ﷺ ـ من وجدتموہ یعمل عمل قوم لوط فاقتلوا الفاعل و المفعول بہ</p><p>As narrated by Sayyidna Ibn ` Abbas. ؓ the Holy Prophet ﷺ said: "If you find someone doing what the people of Lot did, kill both the doer and the one with whom it is done. (op. cit.)</p><p>In At-Targhib wat-Tarhib cited above, Hafiz Zaki' al-Din has said that four caliphs, Sayyidna Abu Bakr, Sayyidna ` Ali, Sayyidna ` Abdullah ibn Zubayr and Hisham ibn ` Abdul-Malik ؓ had condemned those guilty of sodomy to the fire. In this connection, he has also related, on the authority of Muhammad ibn Al-Munkadir, an event to the effect that Sayyidna Khalid ibn Walid ؓ wrote a letter to Sayyidna Abu Bakr ؓ reporting that there was a man in a certain Arabian locality with whom they did what is done with women. Sayyidna Abu Bakr ؓ called a meeting of the noble Companions, - Sayyidna Ali ؓ being one of them. He said that a sin like that was not committed by any human group except one, and they all knew how Allah Almighty dealt with those people. He proposed that the man be condemned to fire. Other Companions concurred and Sayyidna Abu Bakr ؓ decreed accordingly.</p><p>In the Hadith narrations quoted above, the act of the people of Lut has been repeatedly mentioned. The reference is to the people to whom Sayyidna Lut (علیہ السلام) was sent as their prophet. Apart from their disbelief in the Divine Message and the Messenger, and their ascribing all sorts of partners to Allah, they were also addicted to this abominably unnatural practice. When the preachings and teachings of Sayyidna Lut (علیہ السلام) had no effect on them, the angels acted as commanded by Allah Almighty. They physically lifted the habitations of these people off the ground, then a flip upside down, and down they threw the whole thing back on the ground. Details will, Insh’ Allah, appear in the Commentary on Surah al-A` raf.</p><p>The hadith narrations given above related to homosexual act. There are other narrations which carry the severest of warnings against indulging in the unnatural act (anal intercourse) with women:</p><p>عن ابن عباس ؓ ان رسول اللہ ﷺ قال : لا ہنظر اللہ عَزَّ و جَلّ إلی رجل اتی رجلاً أو امرأۃ فی دبرہا</p><p>Sayyidna Ibn ` Abbas ؓ narrates that the Holy Prophet</p><p>ﷺ said: "Allah Almighty does not look (mercifully) at the person who commits anal intercourse with a man or woman."</p><p>عن خزیمۃ بن ثابت قال : قال رسول اللہ ﷺ : اِنَ اللہ لا یستحی من الحق، ثلاث مرَّات ، لا تأتوا النساء فی أدبارھن</p><p>Sayyidna Khuzaimah ibn Thabit says that the Holy Prophet ﷺ said : Allah does not get embarrassed by stating the truth. He said this thrice. Then, he said: "Do not go unto women anally."</p><p>عن ابوہریرہ ؓ أن رسول اللہ ﷺ قال : ملعون من أتی امرأۃ فی دبرھا</p><p>Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said: "Cursed is he who goes unto women anally." (At-Targhib wat-Tarhib)</p><p>وعنہ أن رسول اللہ ﷺ قال : من أتی حایضاً أو امرأۃ فی دبرھا أو کاھناً فصدَّقہ ، فقد کفر بما انزل علی محمد ﷺ</p><p>He also narrates that the Holy Prophet ﷺ said: "One who goes unto a woman in menstruation, or in her anus or goes to a soothsayer ( کاھِن kahin) and accepts his statement relating to the unknown, then, such people have rejected what was revealed to Muhammad ﷺ "</p><p>As for a fixed punishment for this evil act, there is a difference of opinion among Muslim jurists, details of which are available in books of Fiqh. Nevertheless, the nature of such punishments reported by them is as severe as it can be, such as, burning into fire, bashing under a wall felled over, throwing down from a height, stoning and beheading with a sword.</p>
HomosexualityThe above discussion was based on the assumptions that both verses 15 and 16 relate to the fornication or adultery committed between men and women. However, some commentators of the Holy Qur'an, including Qadi Thanaullah Panipati, are of the view that verse 16 refers to homosexual act committed between two males. Verse 16 is translated as follows:"And those two of you who commit it (the shameful act), torture them both".Here the Arabic word used for 'those two of you is a masculine pronoun which presumes males on both sides. On this basis, these commentators have opined that this verse relates to two males committing unnatural shameful act, i.e. homosexuality. The commentators, who take both verses as referring to fornication or adultery, refute this argument on the principle that in general usage masculine expressions include feminine also. Be that as it may, the possibility of a reference to homosexuality in this verse cannot be ruled out. Therefore, it is pertinent here to give some details about the severe prohibition of homosexuality. Here are some Traditions of the Holy Prophet ﷺ and his noble Companions ؓ on this subject:عن ابی ہریرہ ؓ ان رسول اللہ ﷺ قال : لعن اللہ سبعۃ من خلقہ من فوق سبع سمٰوتہ وردّد اللعنۃ علی واحد منھم ثلاثاً و لعن کل واحد منھم لعنۃ تکفیہ، قال : ملعون من عمل عمل قوم لوط، ملعون من عمل عمل قوم لوط ملعون من عمل عمل قوم لوط ، (الحدیث)As narrated by Sayyidna Abu Hurairah ؓ the Holy Prophet ﷺ said: "Allah has cursed seven types of his creatures from above the seven heavens. He has cursed one of them thrice, while has cursed the others one time which is enough for them. (About the one whom He has cursed thrice) He has said, "Cursed is he who did what the people of لوط (علیہ السلام) Lot did. Cursed is he who did what the people of Lot did. Cursed is he who did what the people of Lot did." (At-Targhib wat-Tarhib)عن ابی ہریرہ ؓ ان رسول اللہ ﷺ قال : أربعۃ یصبحون فی غضب اللہ و یمسون فی سخط اللہ، قُلتُ : مَن ھم یا رسول اللہ ؟ قال : المشتبھون من الرجال بالنساء والمتشبھات من النساء بالرجال، والذی یأتی البھیمۃ ، والذی یأتی الرجال۔Sayyidna Abu Hurairah ؓ عنہ reports that the Holy Prophet ﷺ said: "Four types of people are, when they begin their day, under the wrath of Allah and when they reach their evenings they are under the rage of Allah." I asked: "Who are they, 0 Messenger of Allah?" He said: "Men who imitate women and women who imitate men and he who goes unto animals and he who goes unto men".و عن انم عباس ؓ قال : قال رسول اللہ ﷺ ـ من وجدتموہ یعمل عمل قوم لوط فاقتلوا الفاعل و المفعول بہAs narrated by Sayyidna Ibn ` Abbas. ؓ the Holy Prophet ﷺ said: "If you find someone doing what the people of Lot did, kill both the doer and the one with whom it is done. (op. cit.)In At-Targhib wat-Tarhib cited above, Hafiz Zaki' al-Din has said that four caliphs, Sayyidna Abu Bakr, Sayyidna ` Ali, Sayyidna ` Abdullah ibn Zubayr and Hisham ibn ` Abdul-Malik ؓ had condemned those guilty of sodomy to the fire. In this connection, he has also related, on the authority of Muhammad ibn Al-Munkadir, an event to the effect that Sayyidna Khalid ibn Walid ؓ wrote a letter to Sayyidna Abu Bakr ؓ reporting that there was a man in a certain Arabian locality with whom they did what is done with women. Sayyidna Abu Bakr ؓ called a meeting of the noble Companions, - Sayyidna Ali ؓ being one of them. He said that a sin like that was not committed by any human group except one, and they all knew how Allah Almighty dealt with those people. He proposed that the man be condemned to fire. Other Companions concurred and Sayyidna Abu Bakr ؓ decreed accordingly.In the Hadith narrations quoted above, the act of the people of Lut has been repeatedly mentioned. The reference is to the people to whom Sayyidna Lut (علیہ السلام) was sent as their prophet. Apart from their disbelief in the Divine Message and the Messenger, and their ascribing all sorts of partners to Allah, they were also addicted to this abominably unnatural practice. When the preachings and teachings of Sayyidna Lut (علیہ السلام) had no effect on them, the angels acted as commanded by Allah Almighty. They physically lifted the habitations of these people off the ground, then a flip upside down, and down they threw the whole thing back on the ground. Details will, Insh’ Allah, appear in the Commentary on Surah al-A` raf.The hadith narrations given above related to homosexual act. There are other narrations which carry the severest of warnings against indulging in the unnatural act (anal intercourse) with women:عن ابن عباس ؓ ان رسول اللہ ﷺ قال : لا ہنظر اللہ عَزَّ و جَلّ إلی رجل اتی رجلاً أو امرأۃ فی دبرہاSayyidna Ibn ` Abbas ؓ narrates that the Holy Prophetﷺ said: "Allah Almighty does not look (mercifully) at the person who commits anal intercourse with a man or woman."عن خزیمۃ بن ثابت قال : قال رسول اللہ ﷺ : اِنَ اللہ لا یستحی من الحق، ثلاث مرَّات ، لا تأتوا النساء فی أدبارھنSayyidna Khuzaimah ibn Thabit says that the Holy Prophet ﷺ said : Allah does not get embarrassed by stating the truth. He said this thrice. Then, he said: "Do not go unto women anally."عن ابوہریرہ ؓ أن رسول اللہ ﷺ قال : ملعون من أتی امرأۃ فی دبرھاSayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said: "Cursed is he who goes unto women anally." (At-Targhib wat-Tarhib)وعنہ أن رسول اللہ ﷺ قال : من أتی حایضاً أو امرأۃ فی دبرھا أو کاھناً فصدَّقہ ، فقد کفر بما انزل علی محمد ﷺHe also narrates that the Holy Prophet ﷺ said: "One who goes unto a woman in menstruation, or in her anus or goes to a soothsayer ( کاھِن kahin) and accepts his statement relating to the unknown, then, such people have rejected what was revealed to Muhammad ﷺ "As for a fixed punishment for this evil act, there is a difference of opinion among Muslim jurists, details of which are available in books of Fiqh. Nevertheless, the nature of such punishments reported by them is as severe as it can be, such as, burning into fire, bashing under a wall felled over, throwing down from a height, stoning and beheading with a sword.
16
4
إِنَّمَا ٱلتَّوْبَةُ عَلَى ٱللَّهِ لِلَّذِينَ يَعْمَلُونَ ٱلسُّوٓءَ بِجَهَٰلَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُو۟لَٰٓئِكَ يَتُوبُ ٱللَّهُ عَلَيْهِمْ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
<p>Repentance was mentioned in the previous verse. Now, given in the present two verses are conditions under which repentance is or is not accepted.</p><p>Commentary</p><p>Repentance from a deliberate sin</p><p>At this point, it should be noted that the Holy Qur'an has used the words "in ignorance" which apparently gives an impression that the repentance may be accepted when a sin is committed unintentionally and unknowingly. But if it is committed deliberately, it will not be acceptable. However, according to the explanation of this verse given by the noble Companions, may Allah be pleased with them all, the word, جھالہ 'jahalah" (ignorance) here does not mean that a sinning person is not aware of a sin as sin, or has no intention or volition to commit a sin. Instead, it means that it was the insensitivity and heedlessness of a person towards the evil end of sin and its ultimate punishment which became the cause of his audacity to venture into sin, even though he knew a sin as sin, and had approached it with intention and volition as well.</p><p>In other words, the word, 'jahalah" or ignorance used here is in the sense of carelessness or stupidity. This is supported by an evidence in Surah Yusuf. Sayyidna Yusuf (علیہ السلام) (Joseph) had said to his brothers: هَلْ عَلِمْتُم مَّا فَعَلْتُم بِيُوسُفَ وَأَخِيهِ إِذْ أَنتُمْ جَاهِلُونَ ﴿89﴾. Here the brothers have been called, ' jahilun", the ignorant ones, although what they did was not the outcome of any error or forgetfulness but they had done that knowingly and with full deliberation. Yet, it is because of their heedlessness towards the evil end of their act that they have been called 'jahil" (ignorant).</p><p>Abu al-` Aliyah and Qatadah ؓ report that the noble Companions, may Allah be pleased with them all, agreed that کل ذنب اصابہ عبد فھو جھالۃ عمداً کان أو غیرہ ، that is, 'any sin committed by a servant of Allah is, anyway, an act of ignorance, be it deliberate or otherwise.'</p><p>The master of exegesis, Mujahid said: کل عامل بمعصیۃ اللہ فھو جاھل حین عملھا "Everyone who is doing anything in disobedience to Allah is, for that matter, ignorant while doing it," even though, on the outside, he may appear to be a person of great learning. (Ibn Kathir)</p><p>In his Tafsir, al-Bahr al-Muhit, Abu Hayyan has said: This is just like what has been reported in a hadith لا یزنی الزانی وھو مؤمن ، that is, 'a person who commits zina (adultery) will not be doing so while in a state of being a true Muslim.' It means that the time when he succumbed to the temptation of this evil act, that was the time when he was flung far off from the demand of his faith. For this reason, Sayyidna ` Ikrimah ؓ said : امور الدنیا کلّھا جھالۃ that is, 'everything one does in this mortal world - outside the framework of obedience to Allah - is ignorance.' The logic is very obvious since the person disobeying Allah is preferring short-lived pleasures over those everlasting; and, anyone who takes the punishment which will last forever and ever in exchange for this short-lived series of pleasures cannot be called rational, sensible or smart. Such a person would be universally termed as ignorant, even if he knows the evil of his act and has all the intention and resolve to go ahead with it.</p><p>The gist of the discussion so far is that the sin that a man commits, deliberately or mistakenly, gets committed due to nothing but jihalat' or ignorance. Therefore, there is a consensus of the entire Muslim ummah on the principle that the repentance of a person who commits some sin deliberately can also be accepted. (al-Bahr a1-Muhit)</p><p>Incidentally, there is another point worth attention in the present verse which prescribes a condition for the acceptance of repentance - that one should repent soon without delaying it. The Qur'anic words are: "Shortly thereafter". At does "shortly" signify and how much time will come within the limit of "shortly"? The Holy ﷺ has himself explained this in a hadith in the following words: اِن اللہ یقبَلُ توبۃَ العبد مالم یغَرُغِرُ . The hadith means that Allah Almighty accepts the repentance of His servant until the time he passes into the throes of death and his soul struggles to get out of his rattling throat.</p><p>Muhaddith Ibn Marduwayh has narrated from Sayyidna ` Abdullah ibn ` Umar ؓ that he heard the Holy Prophet ﷺ saying: 'A believing servant of Allah who repents from his sin a month before his death, or repents a day or a moment earlier, Allah Almighty shall accept his repentance, the condition being that the repentance should be genuine and sincere. (Ibn Kathir)</p><p>In short, the explanation of "min qarib" (shortly thereafter), given by the Holy Prophet ﷺ himself tells us that virtually man's whole life-time comes under "qarib" and, as such, any repentance which is offered well-before death shall be acceptable. However, the repentance made by man while in throes of death is not acceptable.</p><p>Maulana Ashraf Thanavi (رح) in his Tafsir Bayan al-Qur'an, has elaborated the subject by saying that man faces two conditions when close to death. Firstly, there is the condition of utter hopelessness when all medicines and efforts fail and man comes to realize that death is round the corner. This is known as the state of بأس i.e., conscious suffering. The second condition relates to what comes after, that is, when the pangs of the departure of human soul begin and the fated time of ghargharah (the onomatopoetic rattling sound emerging from the throat, a herald of approaching death) comes close. This is known as the state of بأس i.e., total despair. The first condition, that is, the condition of conscious suffering comes within the sense of مِن قرِیب "min qari'b" and the repentance made at that time is accepted; but, the repentance in the second condition, that is, the condition of total despair, is not acceptable, for this is a condition when the angels and things belonging to the Hereafter may start appearing before the dying person, and they are not included in the sense of "min qarib".</p><p>This explanation given by the Holy Prophet ﷺ has been pointed out by the Holy Qur'an itself in the following verse (i.e. verse 18) where it is expressly mentioned that repenting, after the sure signs of death are visible, is not accepted.</p><p>So, in the light of this explanation the addition of "min qarib " (shortly thereafter) in this verse serves to indicate that the very life-span of man is limited in time, and death, which he may think is far away, may actually be quite near.</p><p>“ Relenting taken by Allah upon Himself” is a form of promise the fulfillment of which is certain. Otherwise the truth is that Allah Almighty does not necessarily owe anything to anyone.</p><p>The second verse (18) describes those whose repentance is not acceptable with Allah, those who fearlessly go on committing sins throughout their entire lives yet, when death stands on their head and the withdrawal of their soul is set in motion and the angels of death start becoming visible, they start offering repentance. How could their repentance become acceptable when they kept running wild with their lives and wasted all opportunities of repenting while there was still time to repent. This is very much like Pharaoh and his people who called out while drowning that they were ready to believe in the Lord of Musa (Moses) and Ha-run (Aaron) ہارون (علیہ السلام) . Naturally, they were told that their declaration of faith at that time was of no consequence, because the time set for it was all over.</p><p>The same thing has been pointed out in the last sentence of the verse which says that Allah also does not accept the repentance of those who die while they are still disbelievers. What is the worth of a declaration of faith right in the middle of one's match with death facing the pangs of the withdrawal of they soul from the body? This confession or this declaration of faith is out of tune with the time and quite worthless now as their punishment stands prepared for them.</p><p>What is repentance?</p><p>After the literal explanation of these two verses, it seems necessary to define Taubah or repentance and determine its real nature and status. In his اَحیا العلوم 'Ihya' al-` Ulum, Imam al-Ghazali (رح) has identified three different situations with regard to committing sins:</p><p>The first state is that of total sinlessness, that is, no sin has ever been committed. This is either the hallmark of angels or that of the prophets, may peace be on them. The second stage of getting involved in sin comes when one takes the initiative and ventures into sin and then repeats and persists with it, never feeling ashamed or regretful and never thinking of stopping and abandoning it. This is the degree of the satans and the devils. The third station belongs to human beings, the children of Adam who, immediately after having committed a sin, regret it and resolve firmly not to go near it in future.</p><p>This tells us that failing to repent after committing a sin is the style of devils exclusively. Therefore, it is the consensus of the entire Muslim ummah that Taubah is obligatory. The Holy Qur'an says:</p><p>يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّـهِ تَوْبَةً نَّصُوحًا عَسَىٰ رَ‌بُّكُمْ أَن يُكَفِّرَ‌ عَنكُمْ سَيِّئَاتِكُمْ وَيُدْخِلَكُمْ جَنَّاتٍ تَجْرِ‌ي مِن تَحْتِهَا الْأَنْهَارُ‌</p><p>(0 those who believe, repent before Allah, a sincere repentance; may be your Lord removes from you your sins and admits you to gardens beneath which rivers flow.) (66:8)</p><p>How generous is the mercy of our Lord! A man spends a whole life-time in disobeying Him. Nevertheless, when he repents sincerely before his death, not only his sins are forgiven, but he receives much more when he is admitted into the circle of favoured servants of Allah and made an inheritor of Paradise.</p><p>In a hadith, the Holy Prophet ﷺ has been reported to have said: التَّایٔب حبیب اللہ والتایٔب منَ الذَنّبِ کمن لاذنبَ لَہ that is, 'one who repents from sin is loved by Allah and one who has repented from sin is like one who had never committed a sin.' (Ibn Majah)</p><p>According to some narrations, if a servant of Allah repents from a sin and his repentance finds acceptance with Him, he is not only absolved from having to account for it, but the very record in writing posted by the angels is erased out from his book of deeds so that he may not be disgraced either.</p><p>However, what is necessary is that the repentance is genuine and is offered in sincerity. This repentance stands on three pillars. Firstly, one should regret over and feel ashamed about what he or she has done. According to hadith, اِنَّما التَّوبۃُ النِّدم that is, 'Taubah is (another name of) remorse'. Secondly, one should immediately leave off the sin he has committed and he should, for the future too, firmly resolve to stay away from it. Thirdly, one should think of making amends for what has gone by, that is, he should try to take measures to rectify what has happened in sin to the best of his ability. For example, if he has missed a prayer or a fast, he should make up for it by doing what is known as qada (compensatory worship). If one does not remember the correct number of such missed prayers and fasts, he should think, calculate and come to an-estimated number and then go on to offer qada for these in all seriousness. If one finds it impossible to do so all at one time, he could offer, with each salah due at its time, one qada of each salah he missed throughout his life, which is commonly known as ` umri gada. In the same way, one should do his best to make up, as and when convenient, for obligatory fasts he missed by offering qada fasts. May be one has not paid the obligatory zakah due on him; he should, then pay the zakah due on him for previous years as well, paying it all or paying it gradually. God forbid, if one has usurped someone's right, he should return it back to him and if he has hurt someone, he should seek his forgiveness. But, should it be that one does not regret what he has done, or, despite being regretful, he does not leave off that sin for future, then, this repentance is no repentance even though it may be said a thousand times, as so delightfully put in verse by a Persian poet:</p><p>توبہ بر لب سبحہ برکف دل پُر از ذوق گناہ</p><p>معصیت را خندہ می آید از استغفارِ ما</p><p>Repentance on the lips, rosary in hand and a heart full of the taste of sin, Sin laughs at my style of seeking forgiveness!</p><p>The point being made here is that man, once he repents as stated earlier, and despite having been in all sorts of sins, becomes a servant dear to Allah. And should it ever be that, out of human weakness, one does fall into sin yet another time, he should immediately renew his repentance in the fond hope that this time, like every other time, Allah Almighty shall, being Most-Forgiving, relent towards him. Let me conclude with yet another Persian couplet which says:</p><p>ایں درگہ ما درگہِ نومیدی نیست</p><p>صد بار اگر توبۃ شکستی بازآ</p><p>This is the Court of My Presence, not the Court of Despair.</p><p>Even if you have broken (the promise in) your repentance a hundred times, come again!</p>
Repentance was mentioned in the previous verse. Now, given in the present two verses are conditions under which repentance is or is not accepted.CommentaryRepentance from a deliberate sinAt this point, it should be noted that the Holy Qur'an has used the words "in ignorance" which apparently gives an impression that the repentance may be accepted when a sin is committed unintentionally and unknowingly. But if it is committed deliberately, it will not be acceptable. However, according to the explanation of this verse given by the noble Companions, may Allah be pleased with them all, the word, جھالہ 'jahalah" (ignorance) here does not mean that a sinning person is not aware of a sin as sin, or has no intention or volition to commit a sin. Instead, it means that it was the insensitivity and heedlessness of a person towards the evil end of sin and its ultimate punishment which became the cause of his audacity to venture into sin, even though he knew a sin as sin, and had approached it with intention and volition as well.In other words, the word, 'jahalah" or ignorance used here is in the sense of carelessness or stupidity. This is supported by an evidence in Surah Yusuf. Sayyidna Yusuf (علیہ السلام) (Joseph) had said to his brothers: هَلْ عَلِمْتُم مَّا فَعَلْتُم بِيُوسُفَ وَأَخِيهِ إِذْ أَنتُمْ جَاهِلُونَ ﴿89﴾. Here the brothers have been called, ' jahilun", the ignorant ones, although what they did was not the outcome of any error or forgetfulness but they had done that knowingly and with full deliberation. Yet, it is because of their heedlessness towards the evil end of their act that they have been called 'jahil" (ignorant).Abu al-` Aliyah and Qatadah ؓ report that the noble Companions, may Allah be pleased with them all, agreed that کل ذنب اصابہ عبد فھو جھالۃ عمداً کان أو غیرہ ، that is, 'any sin committed by a servant of Allah is, anyway, an act of ignorance, be it deliberate or otherwise.'The master of exegesis, Mujahid said: کل عامل بمعصیۃ اللہ فھو جاھل حین عملھا "Everyone who is doing anything in disobedience to Allah is, for that matter, ignorant while doing it," even though, on the outside, he may appear to be a person of great learning. (Ibn Kathir)In his Tafsir, al-Bahr al-Muhit, Abu Hayyan has said: This is just like what has been reported in a hadith لا یزنی الزانی وھو مؤمن ، that is, 'a person who commits zina (adultery) will not be doing so while in a state of being a true Muslim.' It means that the time when he succumbed to the temptation of this evil act, that was the time when he was flung far off from the demand of his faith. For this reason, Sayyidna ` Ikrimah ؓ said : امور الدنیا کلّھا جھالۃ that is, 'everything one does in this mortal world - outside the framework of obedience to Allah - is ignorance.' The logic is very obvious since the person disobeying Allah is preferring short-lived pleasures over those everlasting; and, anyone who takes the punishment which will last forever and ever in exchange for this short-lived series of pleasures cannot be called rational, sensible or smart. Such a person would be universally termed as ignorant, even if he knows the evil of his act and has all the intention and resolve to go ahead with it.The gist of the discussion so far is that the sin that a man commits, deliberately or mistakenly, gets committed due to nothing but jihalat' or ignorance. Therefore, there is a consensus of the entire Muslim ummah on the principle that the repentance of a person who commits some sin deliberately can also be accepted. (al-Bahr a1-Muhit)Incidentally, there is another point worth attention in the present verse which prescribes a condition for the acceptance of repentance - that one should repent soon without delaying it. The Qur'anic words are: "Shortly thereafter". At does "shortly" signify and how much time will come within the limit of "shortly"? The Holy ﷺ has himself explained this in a hadith in the following words: اِن اللہ یقبَلُ توبۃَ العبد مالم یغَرُغِرُ . The hadith means that Allah Almighty accepts the repentance of His servant until the time he passes into the throes of death and his soul struggles to get out of his rattling throat.Muhaddith Ibn Marduwayh has narrated from Sayyidna ` Abdullah ibn ` Umar ؓ that he heard the Holy Prophet ﷺ saying: 'A believing servant of Allah who repents from his sin a month before his death, or repents a day or a moment earlier, Allah Almighty shall accept his repentance, the condition being that the repentance should be genuine and sincere. (Ibn Kathir)In short, the explanation of "min qarib" (shortly thereafter), given by the Holy Prophet ﷺ himself tells us that virtually man's whole life-time comes under "qarib" and, as such, any repentance which is offered well-before death shall be acceptable. However, the repentance made by man while in throes of death is not acceptable.Maulana Ashraf Thanavi (رح) in his Tafsir Bayan al-Qur'an, has elaborated the subject by saying that man faces two conditions when close to death. Firstly, there is the condition of utter hopelessness when all medicines and efforts fail and man comes to realize that death is round the corner. This is known as the state of بأس i.e., conscious suffering. The second condition relates to what comes after, that is, when the pangs of the departure of human soul begin and the fated time of ghargharah (the onomatopoetic rattling sound emerging from the throat, a herald of approaching death) comes close. This is known as the state of بأس i.e., total despair. The first condition, that is, the condition of conscious suffering comes within the sense of مِن قرِیب "min qari'b" and the repentance made at that time is accepted; but, the repentance in the second condition, that is, the condition of total despair, is not acceptable, for this is a condition when the angels and things belonging to the Hereafter may start appearing before the dying person, and they are not included in the sense of "min qarib".This explanation given by the Holy Prophet ﷺ has been pointed out by the Holy Qur'an itself in the following verse (i.e. verse 18) where it is expressly mentioned that repenting, after the sure signs of death are visible, is not accepted.So, in the light of this explanation the addition of "min qarib " (shortly thereafter) in this verse serves to indicate that the very life-span of man is limited in time, and death, which he may think is far away, may actually be quite near.“ Relenting taken by Allah upon Himself” is a form of promise the fulfillment of which is certain. Otherwise the truth is that Allah Almighty does not necessarily owe anything to anyone.The second verse (18) describes those whose repentance is not acceptable with Allah, those who fearlessly go on committing sins throughout their entire lives yet, when death stands on their head and the withdrawal of their soul is set in motion and the angels of death start becoming visible, they start offering repentance. How could their repentance become acceptable when they kept running wild with their lives and wasted all opportunities of repenting while there was still time to repent. This is very much like Pharaoh and his people who called out while drowning that they were ready to believe in the Lord of Musa (Moses) and Ha-run (Aaron) ہارون (علیہ السلام) . Naturally, they were told that their declaration of faith at that time was of no consequence, because the time set for it was all over.The same thing has been pointed out in the last sentence of the verse which says that Allah also does not accept the repentance of those who die while they are still disbelievers. What is the worth of a declaration of faith right in the middle of one's match with death facing the pangs of the withdrawal of they soul from the body? This confession or this declaration of faith is out of tune with the time and quite worthless now as their punishment stands prepared for them.What is repentance?After the literal explanation of these two verses, it seems necessary to define Taubah or repentance and determine its real nature and status. In his اَحیا العلوم 'Ihya' al-` Ulum, Imam al-Ghazali (رح) has identified three different situations with regard to committing sins:The first state is that of total sinlessness, that is, no sin has ever been committed. This is either the hallmark of angels or that of the prophets, may peace be on them. The second stage of getting involved in sin comes when one takes the initiative and ventures into sin and then repeats and persists with it, never feeling ashamed or regretful and never thinking of stopping and abandoning it. This is the degree of the satans and the devils. The third station belongs to human beings, the children of Adam who, immediately after having committed a sin, regret it and resolve firmly not to go near it in future.This tells us that failing to repent after committing a sin is the style of devils exclusively. Therefore, it is the consensus of the entire Muslim ummah that Taubah is obligatory. The Holy Qur'an says:يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّـهِ تَوْبَةً نَّصُوحًا عَسَىٰ رَ‌بُّكُمْ أَن يُكَفِّرَ‌ عَنكُمْ سَيِّئَاتِكُمْ وَيُدْخِلَكُمْ جَنَّاتٍ تَجْرِ‌ي مِن تَحْتِهَا الْأَنْهَارُ‌(0 those who believe, repent before Allah, a sincere repentance; may be your Lord removes from you your sins and admits you to gardens beneath which rivers flow.) (66:8)How generous is the mercy of our Lord! A man spends a whole life-time in disobeying Him. Nevertheless, when he repents sincerely before his death, not only his sins are forgiven, but he receives much more when he is admitted into the circle of favoured servants of Allah and made an inheritor of Paradise.In a hadith, the Holy Prophet ﷺ has been reported to have said: التَّایٔب حبیب اللہ والتایٔب منَ الذَنّبِ کمن لاذنبَ لَہ that is, 'one who repents from sin is loved by Allah and one who has repented from sin is like one who had never committed a sin.' (Ibn Majah)According to some narrations, if a servant of Allah repents from a sin and his repentance finds acceptance with Him, he is not only absolved from having to account for it, but the very record in writing posted by the angels is erased out from his book of deeds so that he may not be disgraced either.However, what is necessary is that the repentance is genuine and is offered in sincerity. This repentance stands on three pillars. Firstly, one should regret over and feel ashamed about what he or she has done. According to hadith, اِنَّما التَّوبۃُ النِّدم that is, 'Taubah is (another name of) remorse'. Secondly, one should immediately leave off the sin he has committed and he should, for the future too, firmly resolve to stay away from it. Thirdly, one should think of making amends for what has gone by, that is, he should try to take measures to rectify what has happened in sin to the best of his ability. For example, if he has missed a prayer or a fast, he should make up for it by doing what is known as qada (compensatory worship). If one does not remember the correct number of such missed prayers and fasts, he should think, calculate and come to an-estimated number and then go on to offer qada for these in all seriousness. If one finds it impossible to do so all at one time, he could offer, with each salah due at its time, one qada of each salah he missed throughout his life, which is commonly known as ` umri gada. In the same way, one should do his best to make up, as and when convenient, for obligatory fasts he missed by offering qada fasts. May be one has not paid the obligatory zakah due on him; he should, then pay the zakah due on him for previous years as well, paying it all or paying it gradually. God forbid, if one has usurped someone's right, he should return it back to him and if he has hurt someone, he should seek his forgiveness. But, should it be that one does not regret what he has done, or, despite being regretful, he does not leave off that sin for future, then, this repentance is no repentance even though it may be said a thousand times, as so delightfully put in verse by a Persian poet:توبہ بر لب سبحہ برکف دل پُر از ذوق گناہمعصیت را خندہ می آید از استغفارِ ماRepentance on the lips, rosary in hand and a heart full of the taste of sin, Sin laughs at my style of seeking forgiveness!The point being made here is that man, once he repents as stated earlier, and despite having been in all sorts of sins, becomes a servant dear to Allah. And should it ever be that, out of human weakness, one does fall into sin yet another time, he should immediately renew his repentance in the fond hope that this time, like every other time, Allah Almighty shall, being Most-Forgiving, relent towards him. Let me conclude with yet another Persian couplet which says:ایں درگہ ما درگہِ نومیدی نیستصد بار اگر توبۃ شکستی بازآThis is the Court of My Presence, not the Court of Despair.Even if you have broken (the promise in) your repentance a hundred times, come again!
17
4
وَلَيْسَتِ ٱلتَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ ٱلسَّيِّـَٔاتِ حَتَّىٰٓ إِذَا حَضَرَ أَحَدَهُمُ ٱلْمَوْتُ قَالَ إِنِّى تُبْتُ ٱلْـَٰٔنَ وَلَا ٱلَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُو۟لَٰٓئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا
18
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا يَحِلُّ لَكُمْ أَن تَرِثُوا۟ ٱلنِّسَآءَ كَرْهًا وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا۟ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَىٰٓ أَن تَكْرَهُوا۟ شَيْـًٔا وَيَجْعَلَ ٱللَّهُ فِيهِ خَيْرًا كَثِيرًا
<p>Sequence of verses</p><p>Repentance was mentioned in the previous verses in proportion to the related requirement of the text. Before this, there was a series of injunctions pertaining to women. The present verses too carry some more imperatives against the excesses suffered by women at the hands of their husbands, even heirs. Details appear in the Commentary.</p><p>The aim is to correct such social disorders. It may be noted that husbands have been particularly addressed in وَعَاشِرُ‌وهُنَّ (live with them). Verses 20 and 21 conclude the subject.</p><p>Commentary</p><p>Women before Islam: Eradication of Injustices</p><p>Given in these three verses are steps taken to eliminate injustices to which women were commonly subjected:</p><p>1. The most glaring of these was that men used to act as owners of the life and property of women, so much so, that a woman taken in marriage was passed on as a piece of property after her husband's death, on to his heirs. They were considered as the new owners and inheritors of the property, plus the wife. They could, if they wished to, marry her or give her in marriage to somebody else against payment. The son of the husband from another wife could himself marry her after the death of his father. When a living human being has been taken as an article of ownership, what would have happened to the normal property is all too obvious. This one basic social ill became the cause of hundreds of other unjust practices against women, some of which are pointed out below:</p><p>(a) If a woman received some property in inheritance or some gift from her parents, the poor thing stayed deprived of it. Everything received in her name was devoured by men at her husband's home.</p><p>(b) If, somehow the woman did come in possession of her share of the property, men would prevent her from remarrying so that she could not take her share out of the house - they wanted her to die right there where she was, leaving her property which they could possess after her.</p><p>(c) In some places there was the practice that if the husband did not like his wife because of whimsical factors and not because of any shortcoming of the wife, then, while he skipped relating to her as his wife, did not get rid of her by giving her a divorce. This was to harass her to the limit that she was forced to give him back the jewellery and dower money he had given her; or, if he had not yet given these as due, he expected that she would forgo her claim before she could hope to be released. There were situations when the husband, despite having divorced her would not let the divorced wife remarry so that she breaks up and returns to him the amount of dower he had given her, or forgoes the dower still unpaid.</p><p>(d) On occasions, following the death of her husband, his heirs would not let the widow remarry. They would do so either to satisfy their false sense of prestige, or to let her go only after they get some-thing for themselves in the deal.</p><p>As said earlier, all these injustices were perpetrated on the basis of the central assumption that man owned not only the property but also the very life of the woman. The Holy Qur'an struck at the very root of this evil which produced other injustices and openly declared:</p><p>يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِ‌ثُوا النِّسَاءَ كَرْ‌هًا</p><p>O those who believe, it is not lawful for you that you should forcibly take women as inheritance.</p><p>The word "forcibly" does not appear here as a condition which would have given the impression that their becoming owners of women with the latter’ s approval was all right, but this restriction has been introduced here as a statement of fact. It means that taking over the charge of the life and property of women as self-appointed owners without any legal or rational basis whatsoever could, obviously, be only "forcibly". How could a woman, in her normal senses, ever agree to such a proposition? (a1-Bahr al-Muh, it). This is why the Shari'ah of Islam does not accept her approval in this matter as effective. If any woman, so out of her mind, approves of being owned by somebody, the Islamic law is not willing to concede this position.</p><p>The common method of preventing injustice and disorder would be to use a prohibitive order, but the Holy Qur'an has avoided this common method at this place and has expressed the element of prohibition by negating the lawfulness of this act by saying: لَا یَحِلُّ لَکُم 'it is not lawful for you'. Here, in addition to stressing upon the severe sinfulness of this matter, the purpose may also be to indicate that, should it be that someone does go on to marry an adult woman without her consent and permission, the marriage thus entered into shall not be lawful and, in fact, it is null and void. Being totally non-sequitur, no husband-wife relationship between the man and woman gets established from such a marriage, nor do the injunctions of inheritance or lineage follow from it.</p><p>Similarly, if someone forces a woman and takes back the dower he had given her, or compels her to forgo the outstanding dower, this forced return or forgiveness is not valid in the sight of the Shari'ah. Money or property taken in this manner do not make them lawful for the man, nor does it cause any due right to be forgiven. This subject has been further clarified in: وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ</p><p>It means: 'Do not prevent women from marrying at their choice with the intention of taking back what you, or a relative, have already given to them as dower or gift.' So, the giving and the taking back of dower is inclusive of the incidence of making the woman forgive the dower the payment of which is due, fixed and agreed upon. Whether one forces the woman to return the dower amount already paid or forces her to forgo the dower still outstanding, both are impermissible and patently Haram (forbidden). Similarly, whatever has been given to the wife as gift, or something of which she has become the 'owner', cannot be taken back by the husband, or the heirs, for it is not lawful for them to do so. However, this rule applies only to a situation where anything has been assigned to her as an owner. If something was given to her for a temporary use, like jewellery or any other article, not making her the owner of it, then, that simply does not enter into the 'ownership' of the wife and, therefore, asking for their return is not forbidden.</p><p>The text, after that, by saying: إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ exempts some such situations under which it becomes permissible for the husband to take back what he has given, including the dower. It means that should the woman commit an act which is clearly shameful and which naturally compels the man to divorce her, then, this will be a situation in which it does not matter if the husband holds back the word of divorce until such time that the woman returns the dower he had given her or forgoes the outstanding dower, if that is the case.</p><p>According to Sayyidna Ibn ` Abbas ؓ ، Sayyidah A’ shah ؓ and Hadrat Dahhak (رح) and others, the word, فاحشا "fahisha" (translated as 'a shameful act' ) here means disobedience to the husband and indecent abuses against him; while, Abu Qilabah and Hasan al-Bari رحمۃ اللہ علیہما take it to mean immodesty and adultery in this particular place. Thus, the sense would come to be: If these women happen to commit some shameful act or they behave disobediently and vituperatively which forces the husband to think of a divorce, then, this being a fault of the woman, the husband has the right to hold her in the bond of marriage, until he receives back what he had given her, or has the outstanding dower forgiven by her.</p>
Sequence of versesRepentance was mentioned in the previous verses in proportion to the related requirement of the text. Before this, there was a series of injunctions pertaining to women. The present verses too carry some more imperatives against the excesses suffered by women at the hands of their husbands, even heirs. Details appear in the Commentary.The aim is to correct such social disorders. It may be noted that husbands have been particularly addressed in وَعَاشِرُ‌وهُنَّ (live with them). Verses 20 and 21 conclude the subject.CommentaryWomen before Islam: Eradication of InjusticesGiven in these three verses are steps taken to eliminate injustices to which women were commonly subjected:1. The most glaring of these was that men used to act as owners of the life and property of women, so much so, that a woman taken in marriage was passed on as a piece of property after her husband's death, on to his heirs. They were considered as the new owners and inheritors of the property, plus the wife. They could, if they wished to, marry her or give her in marriage to somebody else against payment. The son of the husband from another wife could himself marry her after the death of his father. When a living human being has been taken as an article of ownership, what would have happened to the normal property is all too obvious. This one basic social ill became the cause of hundreds of other unjust practices against women, some of which are pointed out below:(a) If a woman received some property in inheritance or some gift from her parents, the poor thing stayed deprived of it. Everything received in her name was devoured by men at her husband's home.(b) If, somehow the woman did come in possession of her share of the property, men would prevent her from remarrying so that she could not take her share out of the house - they wanted her to die right there where she was, leaving her property which they could possess after her.(c) In some places there was the practice that if the husband did not like his wife because of whimsical factors and not because of any shortcoming of the wife, then, while he skipped relating to her as his wife, did not get rid of her by giving her a divorce. This was to harass her to the limit that she was forced to give him back the jewellery and dower money he had given her; or, if he had not yet given these as due, he expected that she would forgo her claim before she could hope to be released. There were situations when the husband, despite having divorced her would not let the divorced wife remarry so that she breaks up and returns to him the amount of dower he had given her, or forgoes the dower still unpaid.(d) On occasions, following the death of her husband, his heirs would not let the widow remarry. They would do so either to satisfy their false sense of prestige, or to let her go only after they get some-thing for themselves in the deal.As said earlier, all these injustices were perpetrated on the basis of the central assumption that man owned not only the property but also the very life of the woman. The Holy Qur'an struck at the very root of this evil which produced other injustices and openly declared:يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَن تَرِ‌ثُوا النِّسَاءَ كَرْ‌هًاO those who believe, it is not lawful for you that you should forcibly take women as inheritance.The word "forcibly" does not appear here as a condition which would have given the impression that their becoming owners of women with the latter’ s approval was all right, but this restriction has been introduced here as a statement of fact. It means that taking over the charge of the life and property of women as self-appointed owners without any legal or rational basis whatsoever could, obviously, be only "forcibly". How could a woman, in her normal senses, ever agree to such a proposition? (a1-Bahr al-Muh, it). This is why the Shari'ah of Islam does not accept her approval in this matter as effective. If any woman, so out of her mind, approves of being owned by somebody, the Islamic law is not willing to concede this position.The common method of preventing injustice and disorder would be to use a prohibitive order, but the Holy Qur'an has avoided this common method at this place and has expressed the element of prohibition by negating the lawfulness of this act by saying: لَا یَحِلُّ لَکُم 'it is not lawful for you'. Here, in addition to stressing upon the severe sinfulness of this matter, the purpose may also be to indicate that, should it be that someone does go on to marry an adult woman without her consent and permission, the marriage thus entered into shall not be lawful and, in fact, it is null and void. Being totally non-sequitur, no husband-wife relationship between the man and woman gets established from such a marriage, nor do the injunctions of inheritance or lineage follow from it.Similarly, if someone forces a woman and takes back the dower he had given her, or compels her to forgo the outstanding dower, this forced return or forgiveness is not valid in the sight of the Shari'ah. Money or property taken in this manner do not make them lawful for the man, nor does it cause any due right to be forgiven. This subject has been further clarified in: وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّIt means: 'Do not prevent women from marrying at their choice with the intention of taking back what you, or a relative, have already given to them as dower or gift.' So, the giving and the taking back of dower is inclusive of the incidence of making the woman forgive the dower the payment of which is due, fixed and agreed upon. Whether one forces the woman to return the dower amount already paid or forces her to forgo the dower still outstanding, both are impermissible and patently Haram (forbidden). Similarly, whatever has been given to the wife as gift, or something of which she has become the 'owner', cannot be taken back by the husband, or the heirs, for it is not lawful for them to do so. However, this rule applies only to a situation where anything has been assigned to her as an owner. If something was given to her for a temporary use, like jewellery or any other article, not making her the owner of it, then, that simply does not enter into the 'ownership' of the wife and, therefore, asking for their return is not forbidden.The text, after that, by saying: إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ exempts some such situations under which it becomes permissible for the husband to take back what he has given, including the dower. It means that should the woman commit an act which is clearly shameful and which naturally compels the man to divorce her, then, this will be a situation in which it does not matter if the husband holds back the word of divorce until such time that the woman returns the dower he had given her or forgoes the outstanding dower, if that is the case.According to Sayyidna Ibn ` Abbas ؓ ، Sayyidah A’ shah ؓ and Hadrat Dahhak (رح) and others, the word, فاحشا "fahisha" (translated as 'a shameful act' ) here means disobedience to the husband and indecent abuses against him; while, Abu Qilabah and Hasan al-Bari رحمۃ اللہ علیہما take it to mean immodesty and adultery in this particular place. Thus, the sense would come to be: If these women happen to commit some shameful act or they behave disobediently and vituperatively which forces the husband to think of a divorce, then, this being a fault of the woman, the husband has the right to hold her in the bond of marriage, until he receives back what he had given her, or has the outstanding dower forgiven by her.
19
4
وَإِنْ أَرَدتُّمُ ٱسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَىٰهُنَّ قِنطَارًا فَلَا تَأْخُذُوا۟ مِنْهُ شَيْـًٔا أَتَأْخُذُونَهُۥ بُهْتَٰنًا وَإِثْمًا مُّبِينًا
<p>The next two verses (20, 21) also enlarge upon this subject. Here it has been said that, should it be that the woman has just not shown any contumacy or immodesty, but the husband, following his own physical desire and pleasure, intends to marry another woman in her place, then again it will not be permissible for him to claim anything from her in exchange of divorce, even though he had given her a lot of wealth. Similarly, it will not be allowed for him to force her to forgo the dower due against him. This is because there is no fault of the woman and the cause which makes the dower due and payable has been vacated, that is, they have been married and have had their privacy with each other. Now, the husband has no right to take back what he has given her or make her forgo the dower.</p><p>That the taking back of this amount is an injustice and sin has been later on described in three stages.</p><p>First, it was said: أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُّبِينًا that is, 'do you want to take it through imputation and an open sin?"</p><p>This sentence refers back to the previous verse (19) where it was laid down that the husband has no right to take back the dower from his wife except when she has committed a shameful act. On the basis of this principle the present verse (20) says that if you take back the dower from your wife, it will mean that you are imputing her for a shameful act, because it is the only situation where your claim may be rightful. Since your wife has not committed a shameful act, your claim to the dower is a false imputation which is an open sin.</p>
The next two verses (20, 21) also enlarge upon this subject. Here it has been said that, should it be that the woman has just not shown any contumacy or immodesty, but the husband, following his own physical desire and pleasure, intends to marry another woman in her place, then again it will not be permissible for him to claim anything from her in exchange of divorce, even though he had given her a lot of wealth. Similarly, it will not be allowed for him to force her to forgo the dower due against him. This is because there is no fault of the woman and the cause which makes the dower due and payable has been vacated, that is, they have been married and have had their privacy with each other. Now, the husband has no right to take back what he has given her or make her forgo the dower.That the taking back of this amount is an injustice and sin has been later on described in three stages.First, it was said: أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُّبِينًا that is, 'do you want to take it through imputation and an open sin?"This sentence refers back to the previous verse (19) where it was laid down that the husband has no right to take back the dower from his wife except when she has committed a shameful act. On the basis of this principle the present verse (20) says that if you take back the dower from your wife, it will mean that you are imputing her for a shameful act, because it is the only situation where your claim may be rightful. Since your wife has not committed a shameful act, your claim to the dower is a false imputation which is an open sin.
20
4
وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَٰقًا غَلِيظًا
<p>Secondly, in the following sentence in verse 21, it was said: وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ that is, how can you now take back what you had given her when not only the marriage has been solemnized, but you have also had access to each other in privacy? For, in this situa-tion, whatever has been given, if against dower, the woman certainly deserved it. She now owns it because she surrendered herself to her husband. The idea that it could be returned is senseless. Even if this money or property given by the husband was presented or gifted, even then, it is not possible that it could be returned because what a husband and wife give to each other as gift cannot be taken back. Such claim of its return is neither permissible in Shari` ah, nor is it legally enforced. So, marital bond prevents the taking back of what has been given as gift.</p><p>The same subject has been stated in the last sentence of verse 21: وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا (and they have taken a firm covenant from you). This 'covenant' is the bond of marriage which is solemnly attested to with the name of Allah before a gathering of people following a khutbah.</p><p>To sum up, once this marital covenant has been made and mutual privacy has brought the couple close together, to force the woman to return what was given to' her is open injustice and tyranny. All Muslims must abstain from it.</p>
Secondly, in the following sentence in verse 21, it was said: وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ that is, how can you now take back what you had given her when not only the marriage has been solemnized, but you have also had access to each other in privacy? For, in this situa-tion, whatever has been given, if against dower, the woman certainly deserved it. She now owns it because she surrendered herself to her husband. The idea that it could be returned is senseless. Even if this money or property given by the husband was presented or gifted, even then, it is not possible that it could be returned because what a husband and wife give to each other as gift cannot be taken back. Such claim of its return is neither permissible in Shari` ah, nor is it legally enforced. So, marital bond prevents the taking back of what has been given as gift.The same subject has been stated in the last sentence of verse 21: وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا (and they have taken a firm covenant from you). This 'covenant' is the bond of marriage which is solemnly attested to with the name of Allah before a gathering of people following a khutbah.To sum up, once this marital covenant has been made and mutual privacy has brought the couple close together, to force the woman to return what was given to' her is open injustice and tyranny. All Muslims must abstain from it.
21
4
وَلَا تَنكِحُوا۟ مَا نَكَحَ ءَابَآؤُكُم مِّنَ ٱلنِّسَآءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُۥ كَانَ فَٰحِشَةً وَمَقْتًا وَسَآءَ سَبِيلًا
<p>The present verses are an extension of the description of evil practices common in Jahiliyyah which have been taken up earlier. A detailed discussion appears in the Commentary.</p><p>Commentary:</p><p>These verses give details of محرَّمات muharramat, that is, women with whom marriage is prohibited. Some of them are prohibited forever, never becoming lawful under any condition. Some are not permanently prohibited. They become lawful under some particular circumstances.</p><p>There are three kinds of permanently-prohibited women referred to in the first category. They are those by kinship, by fosterage and by relationship through marriage, and are permanently prohibited. The kind mentioned at the end remains prohibited until they are bound in marriage with someone else.</p><p>An explanation of the verses follows with relevant part of the verse appearing in the lead: وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُم (And do not marry those of women whom your fathers had married) (verse 22): During the days of Jahiliyyah, people had no qualms when they went ahead and married the wife of their father after his death. In this verse, Allah Almighty has prohibited this shameful practice; an evil which invites His wrath. How can someone keep calling a woman his mother for a long time and yet stoop so low as to make her his wife after the death of the father?</p><p>Ruling:</p><p>Marrying the legally wedded wife of the father has been declared unlawful in this noble verse. There is no restriction here to indicate marital consummation by the father. So, the fact that the father has married a woman is enough to forbid the son from entering into marriage with that woman. It will never be lawful. Similarly, it is not correct for the father to marry the wife of his son, even if the marriage of the son is limited to formal 'nikah' and his wife have not yet come to live with him. (Ibn ` Abidin)</p>
The present verses are an extension of the description of evil practices common in Jahiliyyah which have been taken up earlier. A detailed discussion appears in the Commentary.Commentary:These verses give details of محرَّمات muharramat, that is, women with whom marriage is prohibited. Some of them are prohibited forever, never becoming lawful under any condition. Some are not permanently prohibited. They become lawful under some particular circumstances.There are three kinds of permanently-prohibited women referred to in the first category. They are those by kinship, by fosterage and by relationship through marriage, and are permanently prohibited. The kind mentioned at the end remains prohibited until they are bound in marriage with someone else.An explanation of the verses follows with relevant part of the verse appearing in the lead: وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُم (And do not marry those of women whom your fathers had married) (verse 22): During the days of Jahiliyyah, people had no qualms when they went ahead and married the wife of their father after his death. In this verse, Allah Almighty has prohibited this shameful practice; an evil which invites His wrath. How can someone keep calling a woman his mother for a long time and yet stoop so low as to make her his wife after the death of the father?Ruling:Marrying the legally wedded wife of the father has been declared unlawful in this noble verse. There is no restriction here to indicate marital consummation by the father. So, the fact that the father has married a woman is enough to forbid the son from entering into marriage with that woman. It will never be lawful. Similarly, it is not correct for the father to marry the wife of his son, even if the marriage of the son is limited to formal 'nikah' and his wife have not yet come to live with him. (Ibn ` Abidin)
22
4
حُرِّمَتْ عَلَيْكُمْ أُمَّهَٰتُكُمْ وَبَنَاتُكُمْ وَأَخَوَٰتُكُمْ وَعَمَّٰتُكُمْ وَخَٰلَٰتُكُمْ وَبَنَاتُ ٱلْأَخِ وَبَنَاتُ ٱلْأُخْتِ وَأُمَّهَٰتُكُمُ ٱلَّٰتِىٓ أَرْضَعْنَكُمْ وَأَخَوَٰتُكُم مِّنَ ٱلرَّضَٰعَةِ وَأُمَّهَٰتُ نِسَآئِكُمْ وَرَبَٰٓئِبُكُمُ ٱلَّٰتِى فِى حُجُورِكُم مِّن نِّسَآئِكُمُ ٱلَّٰتِى دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا۟ دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَٰٓئِلُ أَبْنَآئِكُمُ ٱلَّذِينَ مِنْ أَصْلَٰبِكُمْ وَأَن تَجْمَعُوا۟ بَيْنَ ٱلْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ إِنَّ ٱللَّهَ كَانَ غَفُورًا رَّحِيمًا
<p>If the father has fallen into illicit relations with some woman, even then it will not be permissible for the son to marry that woman. حُرِّ‌مَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ (Prohibited for you are your mothers): It means that it is unlawful to marry one's own mother and the word, أُمَّهَاتُكُمُ "ummahatukum" (your mothers), includes all grandmothers, paternal or maternal وَبَنَاتُكُمْ and your daughters) means that it is unlawful to marry one's own real daughter, and the daughter of the daughter, and the daughter of the son.</p><p>In short, marrying a daughter, grand-daughter, great-granddaughter; maternal grand-daughter, great-grand-daughter is all unlawful. As for marrying a step-daughter, from a different husband, whom the wife has brought with her, there are details which will appear later. As regards the son or daughter who are not real but have been adopted, it is permissible to marry them or their offspring, subject to the provision that such marriage is not unlawful due to some other consideration. Similarly, if a person fathers a daughter by indulging in zina with a woman, the girl thus born will be governed by the rule which applies to a daughter and marriage with her too will not be correct.</p><p>وَأَخَوَاتُكُمْ (and your sisters): Marrying one's own real sister is unlawful, as well as marrying an ` allati sister (half-sister from the same father but different mother), and also marrying an akhya-fi sister (half-sister from the same mother but different father).</p><p>وَعَمَّاتُكُمْ (and your paternal aunts): Marriage with the real sister of one's father, his half-sister from their father's side and his half-sister from their mother's side is unlawful. It means that one cannot marry any paternal aunt from the three kinds described above.</p><p>وَخَالَاتُكُمْ (and your maternal aunts): Marriage with a sister of one s mother, whether real (haqiqi) or half-sister from their father's side (allati) or half-sister from their mother's side (akhyafi), is unlawful.</p><p>وَبَنَاتُ الْأَخِ (and daughters of brother): It means that marriage with one's nieces is also unlawful, whether they be haqiqi, allati or akhyafi. Marriage with the daughters of all three types of brothers, real or half, as given above, is not lawful.</p><p>وَبَنَاتُ الْأُخْتِ (and daughters of sister): It means that marriage with one's maternal nieces is also unlawful, whether the sisters be haqiqi or ` allata or akhyafi The daughters of such sisters cannot be taken in marriage.</p><p>وَأُمَّهَاتُكُمُ اللَّاتِي أَرْ‌ضَعْنَكُمْ (and your mothers who suckled you): This refers to women who, even though they are not the real mothers, are treated in Shari'ah like mothers in the sense that marriage with them is as prohibited as with one's real mother. The quantity or the frequency of feed makes no difference; the said unlawfulness stands established under all eventualities. Muslim jurists refer to this as the unlawfulness through fosterage.</p><p>However, it is necessary to remember that this unlawfulness through fosterage gets established when suckling takes place at a time which is the usual time for it during childhood. The Holy Prophet ﷺ has said: اِنَّما الرَّضاعَۃُ من امَجَاعَۃِ Fosterage is only from hunger" which means that the unlawfulness that becomes established through suckling shall come into effect only when suckling has taken place at a time when the child has no other option but to suckle and grow through it. (al-Bukhri and Muslim)</p><p>According to Imam Abu Hanifah (رح) ، this period ranges between the birth of the child and when he or she is two and a half years old. According to other Muslim jurists which includes his special disciples, Imam Abu Yusuf and Imam Muhammad رحمۃ اللہ علیہما the period of suckling is two years only, therefore, if a boy or girl suckles at the breast of a woman after the age of two years, the prohibition of marriage due to fosterage will not come into effect.</p><p>وَأَخَوَاتُكُم مِّنَ الرَّ‌ضَاعَةِ (and your sisters through suckling): It means that marriage with sisters related through the bond of fosterage is also unlawful. Going in details, it works out that a woman who suckles a boy or girl during the days of suckling becomes their foster-mother, and her husband becomes their foster-father, and the offspring of that woman become his brothers and sisters, and the sisters of that woman become their maternal aunts, and the elder and younger brothers of her husband become the foster-uncles of these children, and the sisters of the husband of that woman become the paternal aunts of these children; and thus, in between all of them, the relationship of fosterage resulting in prohibition of marriage is established. The marriage which is mutually unlawful as based on the relation of kinship becomes equally unlawful as based on the relation of suckling. The Holy Prophet ﷺ has said: یحرم من الرضاعۃ ما یحرم من الولادۃ (Bukhari) (That which becomes unlawful by kinship becomes unlawful by fosterage). Another narration from the Sahih of Muslim as in Mishkat, page 273, says: ان اللہ حرم من الرضاعۃ ما حرم من النسب (Surely, Allah has prohibited through fosterage what He has prohibited through kinship.)</p><p>Rulings:</p><p>1. If a boy and a girl were suckled by a certain woman, the two of them cannot be married to each other. Similarly, marriage with the daughter of a foster-brother and foster-sister is also not possible.</p><p>2. Marriage with the lineal mother of foster-brother and foster-sister is permissible. It is also lawful to marry the foster-mother of the lineal sister of foster-sister; and the foster-sister of the lineal sister.</p><p>3. The unlawfulness of marriage becomes established if the feed is received by the child during the days of suckling either through the mouth, or the nose. Should it be that the feed is given to the child by any other inlet, or it is injected in, then, the unlawfulness of fosterage will not come to be established.</p><p>4. No feed other than the feed from the woman suckling the child (for example, milk from animals or male humans), establishes fosterage.</p><p>5. If the feed is mixed in medicine or in milk from a goat, cow or buffalo, the unlawfulness of marriage as based on suckling shall be established only when the quantity of the woman's feed measures more, or when it is at least equal. But, if the woman's feed-is less than that, this unlawfulness shall not come to be established</p><p>6. If male mammalian glands happen to lactate, it does not go on to prove the unlawfulness of marriage from suckling.</p><p>7. If a woman lets a child mouth her nipple, but there is no certainty that the child has sucked the feed in, then this will not establish the unlawfulness through suckling and it will not affect the lawfulness of marriage, because the prohibition of marriage is not established where actual suckling is doubtful.</p><p>8. If a man marries a certain woman while some other woman claims that she has suckled both of them, then, should both of them confirm it, it will be decided that the marriage was incorrect. However, should both of them reject the claim it will not be mandatory on the spouses to vacate the marriage, however, if the woman appears to be God-fearing and a practicing Muslim, it is preferable for the spouses to opt for separation through divorce.</p><p>9. The witness of two practicing Muslims is necessary in order to prove unlawfulness through suckling. This will not be proved by the witness of one man or one woman. But, since this is a very serious matter involving the whole life being halal or Haram a precautionary attitude will always be advisable. Therefore, some Muslim jurists have ruled that if one intends to marry a woman, and only one practicing Muslim testifies that they are foster brother and sister, it will not be permissible for them to contract marriage. And if the evidence of one witness, male or female, comes forth after they have married each other, even then, it will be safe and prudent for them to opt for voluntary separation.</p><p>10. According to the recognized rules of evidence, the testimony of one man and two women is equal to that of two male witnesses. Therefore, even if one man and two women testify the fact of suckling, the foster-relationship will stand proved.</p><p>وَأُمَّهَاتُ نِسَائِكُمْ (and the mothers of your wives): Also unlawful to husbands are the mothers of their wives. Here too, the word, "ummahat" includes all grandmothers of wives, maternal, paternal, lineal or foster.</p><p>Ruling:</p><p>1. Just as the mother of a legally wedded wife is unlawful, very similarly, equally unlawful is the mother of a woman with whom one has slept assuming her to be his wife, (while, in fact, she was not his wife) or with whom zina (adultery) has been committed, or who has been touched lustfully.</p><p>2. The initial bond or marriage, in itself, renders the mother of one's wife unlawful for him. It means that even if the husband has never slept with his wife, her mother is still unlawful for him to marry.</p><p>وَرَ‌بَائِبُكُمُ اللَّاتِي فِي حُجُورِ‌كُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ (and your step-daughters under your care who are born of your women with whom you have had intercourse): When one marries a woman and sleeps with her after the marriage, the daughter of that woman from another husband becomes unlawful for him, and so do her granddaughters, both paternal and maternal. Marriage with them is not permissible. But, if the husband has not yet slept with his wife and has divorced her after the contract of marriage, then her daughter or grand-daughter will not be unlawful for him. But, following nikah, if one touches his wife lustfully, or looks at her private part with sexual desire, then this too, will be taken as having sex with her, therefore, it will make the daughter of that woman unlawful.</p><p>The words "your women" used in this context are general. There-fore, it is not the legally wedded wife only whose daughters are unlawful for the husband, but the same rule applies to a woman who is not really wedded to the person, but he has had sexual intercourse with her either under the wrong impression that she is his wife, or in adultery. The daughter and grand-daughter of such women will also become unlawful for him.</p><p>وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ (and the wives of your sons from your [ own ] loins): The wife of one's own son is unlawful, and the universality of °son° includes grandsons, paternal or maternal. So, marriage with their wives shall not be permissible.</p><p>مِنْ أَصْلَابِكُمْ (from your loins): This particular restriction is used here to exclude the adopted son. Marriage with his wife is lawful. As far as a foster son is concerned, he is governed by the rule which governs the lineal son, therefore, marriage with his wife too is unlawful.</p><p>وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and that you combine two sisters in wedlock): Also unlawful is the combining of two sisters in the bond of marriage. They may be real sisters or half sisters from the father's side or sisters from the mother's side (haqiqi, 'allati, akhyafi). They may be sisters by lineage or sisters by fosterage. This rule covers all of them. However, when one sister has been divorced it is permissible to marry another sister, but this permissibility becomes effective only after the period of ` iddah has expired. Marriage during ` iddah is not permissible.</p><p>Rulings:</p><p>1. Just as one cannot combine two sisters in his marriage, it is also unlawful for him to combine a paternal aunt and her niece, and a maternal aunt and her niece. They too cannot be combined in marriage with any one person. As reported in al-Bukhari and Muslim, the Holy Prophet ﷺ has said:</p><p>لا یُجمَعُ بین المرأَۃِ و عَمَّتِھا ولا بین المرأَۃِ و خالَتِھا (بخاری و مسلم)</p><p>Do not combine a woman with her paternal aunt, nor a woman with her maternal aunt</p><p>2. Muslim jurists have mentioned the general principle that any two women, out of whom, if one was supposed to be a male, then, their marriage with each other would turn out to be incorrect according to Islamic law, thus two women of this kind cannot be combined in marriage with one man.</p><p>اِلَّا ما قد سلف (except what has passed): It means that whatever has been the practice during Jahiliyyah will not be called to account. These words have also appeared in verse 22. There too, the meaning is the same, that is, that which came to pass during Jahiliyyah has passed. Now that Islam has been embraced, past deeds will not be taken into account, but it is necessary to abstain from them in future.</p><p>In the same way, it is necessary at this time of the revelation of what was unlawful that separation be made if one holds the wife of his father, or two sisters, in marriage. In the case of two sisters, it is compulsory that one sister be separated.</p><p>As narrated by the blessed Companion, Sayyidna Bard Ibn ` Azib ؓ ، the Holy Prophet ﷺ had sent Sayyidna Abu Burdah ibn Niyar ؓ to execute a man because he had married the wife of his father. (Mishkat, p. 274)</p><p>Ibn Firoz Dailami narrates from his father: 'When I embraced Islam, I had two sisters married to me. I went to the Holy Prophet ﷺ with the problem.' He said: "Separate by divorcing one and keeping the other." (Mishkat, p. 274)</p><p>These narrations tell us that just as it is not lawful, after embracing Islam; to contract marriage with father's wife or to combine two sisters in marriage, similarly it is also unlawful to maintain such marriages, if they have been contracted by someone before he embraced Islam.</p><p>إِنَّ اللَّـهَ كَانَ غَفُورً‌ا رَّ‌حِيمًا (Surely, Allah is Most-Forgiving, Very-Merciful) means that anything people did erroneously before the advent of Islam will be overlooked by Allah Almighty once they have embraced Islam and they can be sure that He will turn to them with the great reach of His mercy.</p>
If the father has fallen into illicit relations with some woman, even then it will not be permissible for the son to marry that woman. حُرِّ‌مَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ (Prohibited for you are your mothers): It means that it is unlawful to marry one's own mother and the word, أُمَّهَاتُكُمُ "ummahatukum" (your mothers), includes all grandmothers, paternal or maternal وَبَنَاتُكُمْ and your daughters) means that it is unlawful to marry one's own real daughter, and the daughter of the daughter, and the daughter of the son.In short, marrying a daughter, grand-daughter, great-granddaughter; maternal grand-daughter, great-grand-daughter is all unlawful. As for marrying a step-daughter, from a different husband, whom the wife has brought with her, there are details which will appear later. As regards the son or daughter who are not real but have been adopted, it is permissible to marry them or their offspring, subject to the provision that such marriage is not unlawful due to some other consideration. Similarly, if a person fathers a daughter by indulging in zina with a woman, the girl thus born will be governed by the rule which applies to a daughter and marriage with her too will not be correct.وَأَخَوَاتُكُمْ (and your sisters): Marrying one's own real sister is unlawful, as well as marrying an ` allati sister (half-sister from the same father but different mother), and also marrying an akhya-fi sister (half-sister from the same mother but different father).وَعَمَّاتُكُمْ (and your paternal aunts): Marriage with the real sister of one's father, his half-sister from their father's side and his half-sister from their mother's side is unlawful. It means that one cannot marry any paternal aunt from the three kinds described above.وَخَالَاتُكُمْ (and your maternal aunts): Marriage with a sister of one s mother, whether real (haqiqi) or half-sister from their father's side (allati) or half-sister from their mother's side (akhyafi), is unlawful.وَبَنَاتُ الْأَخِ (and daughters of brother): It means that marriage with one's nieces is also unlawful, whether they be haqiqi, allati or akhyafi. Marriage with the daughters of all three types of brothers, real or half, as given above, is not lawful.وَبَنَاتُ الْأُخْتِ (and daughters of sister): It means that marriage with one's maternal nieces is also unlawful, whether the sisters be haqiqi or ` allata or akhyafi The daughters of such sisters cannot be taken in marriage.وَأُمَّهَاتُكُمُ اللَّاتِي أَرْ‌ضَعْنَكُمْ (and your mothers who suckled you): This refers to women who, even though they are not the real mothers, are treated in Shari'ah like mothers in the sense that marriage with them is as prohibited as with one's real mother. The quantity or the frequency of feed makes no difference; the said unlawfulness stands established under all eventualities. Muslim jurists refer to this as the unlawfulness through fosterage.However, it is necessary to remember that this unlawfulness through fosterage gets established when suckling takes place at a time which is the usual time for it during childhood. The Holy Prophet ﷺ has said: اِنَّما الرَّضاعَۃُ من امَجَاعَۃِ Fosterage is only from hunger" which means that the unlawfulness that becomes established through suckling shall come into effect only when suckling has taken place at a time when the child has no other option but to suckle and grow through it. (al-Bukhri and Muslim)According to Imam Abu Hanifah (رح) ، this period ranges between the birth of the child and when he or she is two and a half years old. According to other Muslim jurists which includes his special disciples, Imam Abu Yusuf and Imam Muhammad رحمۃ اللہ علیہما the period of suckling is two years only, therefore, if a boy or girl suckles at the breast of a woman after the age of two years, the prohibition of marriage due to fosterage will not come into effect.وَأَخَوَاتُكُم مِّنَ الرَّ‌ضَاعَةِ (and your sisters through suckling): It means that marriage with sisters related through the bond of fosterage is also unlawful. Going in details, it works out that a woman who suckles a boy or girl during the days of suckling becomes their foster-mother, and her husband becomes their foster-father, and the offspring of that woman become his brothers and sisters, and the sisters of that woman become their maternal aunts, and the elder and younger brothers of her husband become the foster-uncles of these children, and the sisters of the husband of that woman become the paternal aunts of these children; and thus, in between all of them, the relationship of fosterage resulting in prohibition of marriage is established. The marriage which is mutually unlawful as based on the relation of kinship becomes equally unlawful as based on the relation of suckling. The Holy Prophet ﷺ has said: یحرم من الرضاعۃ ما یحرم من الولادۃ (Bukhari) (That which becomes unlawful by kinship becomes unlawful by fosterage). Another narration from the Sahih of Muslim as in Mishkat, page 273, says: ان اللہ حرم من الرضاعۃ ما حرم من النسب (Surely, Allah has prohibited through fosterage what He has prohibited through kinship.)Rulings:1. If a boy and a girl were suckled by a certain woman, the two of them cannot be married to each other. Similarly, marriage with the daughter of a foster-brother and foster-sister is also not possible.2. Marriage with the lineal mother of foster-brother and foster-sister is permissible. It is also lawful to marry the foster-mother of the lineal sister of foster-sister; and the foster-sister of the lineal sister.3. The unlawfulness of marriage becomes established if the feed is received by the child during the days of suckling either through the mouth, or the nose. Should it be that the feed is given to the child by any other inlet, or it is injected in, then, the unlawfulness of fosterage will not come to be established.4. No feed other than the feed from the woman suckling the child (for example, milk from animals or male humans), establishes fosterage.5. If the feed is mixed in medicine or in milk from a goat, cow or buffalo, the unlawfulness of marriage as based on suckling shall be established only when the quantity of the woman's feed measures more, or when it is at least equal. But, if the woman's feed-is less than that, this unlawfulness shall not come to be established6. If male mammalian glands happen to lactate, it does not go on to prove the unlawfulness of marriage from suckling.7. If a woman lets a child mouth her nipple, but there is no certainty that the child has sucked the feed in, then this will not establish the unlawfulness through suckling and it will not affect the lawfulness of marriage, because the prohibition of marriage is not established where actual suckling is doubtful.8. If a man marries a certain woman while some other woman claims that she has suckled both of them, then, should both of them confirm it, it will be decided that the marriage was incorrect. However, should both of them reject the claim it will not be mandatory on the spouses to vacate the marriage, however, if the woman appears to be God-fearing and a practicing Muslim, it is preferable for the spouses to opt for separation through divorce.9. The witness of two practicing Muslims is necessary in order to prove unlawfulness through suckling. This will not be proved by the witness of one man or one woman. But, since this is a very serious matter involving the whole life being halal or Haram a precautionary attitude will always be advisable. Therefore, some Muslim jurists have ruled that if one intends to marry a woman, and only one practicing Muslim testifies that they are foster brother and sister, it will not be permissible for them to contract marriage. And if the evidence of one witness, male or female, comes forth after they have married each other, even then, it will be safe and prudent for them to opt for voluntary separation.10. According to the recognized rules of evidence, the testimony of one man and two women is equal to that of two male witnesses. Therefore, even if one man and two women testify the fact of suckling, the foster-relationship will stand proved.وَأُمَّهَاتُ نِسَائِكُمْ (and the mothers of your wives): Also unlawful to husbands are the mothers of their wives. Here too, the word, "ummahat" includes all grandmothers of wives, maternal, paternal, lineal or foster.Ruling:1. Just as the mother of a legally wedded wife is unlawful, very similarly, equally unlawful is the mother of a woman with whom one has slept assuming her to be his wife, (while, in fact, she was not his wife) or with whom zina (adultery) has been committed, or who has been touched lustfully.2. The initial bond or marriage, in itself, renders the mother of one's wife unlawful for him. It means that even if the husband has never slept with his wife, her mother is still unlawful for him to marry.وَرَ‌بَائِبُكُمُ اللَّاتِي فِي حُجُورِ‌كُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ (and your step-daughters under your care who are born of your women with whom you have had intercourse): When one marries a woman and sleeps with her after the marriage, the daughter of that woman from another husband becomes unlawful for him, and so do her granddaughters, both paternal and maternal. Marriage with them is not permissible. But, if the husband has not yet slept with his wife and has divorced her after the contract of marriage, then her daughter or grand-daughter will not be unlawful for him. But, following nikah, if one touches his wife lustfully, or looks at her private part with sexual desire, then this too, will be taken as having sex with her, therefore, it will make the daughter of that woman unlawful.The words "your women" used in this context are general. There-fore, it is not the legally wedded wife only whose daughters are unlawful for the husband, but the same rule applies to a woman who is not really wedded to the person, but he has had sexual intercourse with her either under the wrong impression that she is his wife, or in adultery. The daughter and grand-daughter of such women will also become unlawful for him.وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ (and the wives of your sons from your [ own ] loins): The wife of one's own son is unlawful, and the universality of °son° includes grandsons, paternal or maternal. So, marriage with their wives shall not be permissible.مِنْ أَصْلَابِكُمْ (from your loins): This particular restriction is used here to exclude the adopted son. Marriage with his wife is lawful. As far as a foster son is concerned, he is governed by the rule which governs the lineal son, therefore, marriage with his wife too is unlawful.وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and that you combine two sisters in wedlock): Also unlawful is the combining of two sisters in the bond of marriage. They may be real sisters or half sisters from the father's side or sisters from the mother's side (haqiqi, 'allati, akhyafi). They may be sisters by lineage or sisters by fosterage. This rule covers all of them. However, when one sister has been divorced it is permissible to marry another sister, but this permissibility becomes effective only after the period of ` iddah has expired. Marriage during ` iddah is not permissible.Rulings:1. Just as one cannot combine two sisters in his marriage, it is also unlawful for him to combine a paternal aunt and her niece, and a maternal aunt and her niece. They too cannot be combined in marriage with any one person. As reported in al-Bukhari and Muslim, the Holy Prophet ﷺ has said:لا یُجمَعُ بین المرأَۃِ و عَمَّتِھا ولا بین المرأَۃِ و خالَتِھا (بخاری و مسلم)Do not combine a woman with her paternal aunt, nor a woman with her maternal aunt2. Muslim jurists have mentioned the general principle that any two women, out of whom, if one was supposed to be a male, then, their marriage with each other would turn out to be incorrect according to Islamic law, thus two women of this kind cannot be combined in marriage with one man.اِلَّا ما قد سلف (except what has passed): It means that whatever has been the practice during Jahiliyyah will not be called to account. These words have also appeared in verse 22. There too, the meaning is the same, that is, that which came to pass during Jahiliyyah has passed. Now that Islam has been embraced, past deeds will not be taken into account, but it is necessary to abstain from them in future.In the same way, it is necessary at this time of the revelation of what was unlawful that separation be made if one holds the wife of his father, or two sisters, in marriage. In the case of two sisters, it is compulsory that one sister be separated.As narrated by the blessed Companion, Sayyidna Bard Ibn ` Azib ؓ ، the Holy Prophet ﷺ had sent Sayyidna Abu Burdah ibn Niyar ؓ to execute a man because he had married the wife of his father. (Mishkat, p. 274)Ibn Firoz Dailami narrates from his father: 'When I embraced Islam, I had two sisters married to me. I went to the Holy Prophet ﷺ with the problem.' He said: "Separate by divorcing one and keeping the other." (Mishkat, p. 274)These narrations tell us that just as it is not lawful, after embracing Islam; to contract marriage with father's wife or to combine two sisters in marriage, similarly it is also unlawful to maintain such marriages, if they have been contracted by someone before he embraced Islam.إِنَّ اللَّـهَ كَانَ غَفُورً‌ا رَّ‌حِيمًا (Surely, Allah is Most-Forgiving, Very-Merciful) means that anything people did erroneously before the advent of Islam will be overlooked by Allah Almighty once they have embraced Islam and they can be sure that He will turn to them with the great reach of His mercy.
23
4
وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
<p>وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ (the women already bound in marriage): It means that women having husbands have also been made unlawful. So far as a woman is married to a person, no other person can marry her. From here, it becomes very clear that a woman cannot live with more than one husband simultaneously. There are some ignorant and loudmouthed people in our time who have started saying - when men are allowed to take more than one wife, women too should have the permission to enjoy more than one husband. This tasteless bravado is totally contrary to this noble verse. People who indulge in such flippant display of ignorance do not see that plurality of wives is a blessing which has been historically endorsed in all religions and societies. But, for a woman, having more than one husband at the same time is not only a headache for her in person, but it is also disgraceful for those two men who become husbands to one woman. This weird arrangement is not only shameless, but also leaves no possibility of any offspring being born lineally sound. When many men benefit from one woman, there will remain no method of attributing the fatherhood of the child so born to any one of the participating husbands. Such an obnoxious demand can only be made by those who are totally hostile to the graces of humanity, those who have buried their sense of shame once and for all and those who are supporting the movement to deprive human beings of blessings that issue forth from the recognized channel of parents and children bound in a charter of mutual rights. When lineage goes unproved, who is going to be charged with the responsibility of taking care of mutual rights and duties?</p><p>Even if this is looked at purely in terms of nature and reason, there seems to be no justification for the provision of several husbands for one woman:</p><p>1. The basic purpose of marriage is procreation. Seen from this angle, several women can certainly become pregnant from one man, but one woman cannot become pregnant from several men. She will become pregnant from none but one. What has thus happened is that, given the presence of several husbands, the procreating ability of all husbands, except one, was totally wasted on that count. They ended up with nothing beneficial except the lone satisfaction of their sexual drive.</p><p>2. Experience shows that woman is a genre more delicate than man. For a major portion of the year, she does not remain physically amenable to intimacy. There are conditions and circumstances in married life when it is not possible for her to fulfill the rights of even one husband, let alone more than one husband seeking her physical attention.</p><p>3. Since man is healthier and stronger in terms of physical power as compared to woman, man should, if his sexual strength is above average and he cannot find satisfaction by limiting himself to one woman, have the opportunity, of course by permissible means, to marry twice and thrice. If this is not allowed, he will take to impermissible ways of satisfying his desires, and in that process, he will ruin the whole society. But, the likelihood that woman could bring about such ruination is very remote.</p><p>This question is so important in the Shari` ah of Islam that it has not only ruled the second marriage of a woman unlawful when she is already married to someone else, but it also goes farther when it rules that, should the husband of a woman divorce her, or die, she still cannot marry another person until after the expiry of her ` iddah or waiting period.</p><p>إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ (except the bondwomen you come to own): This sentence is an exception from the rule set in وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ ; (the women already bound in marriage).</p><p>It means that it is not permissible that a woman who already has a husband be taken in marriage by another person, unless she comes in the ownership of a person as a bondwoman. This happened when Muslims had to carry out jihad against the infidels of Dar-al-harb (a non-Muslim state without a treaty of peace with the Muslims). As a result of a valid war with them women prisoners might have been brought to the Islamic state. If their non-Muslim husbands remained behind in their original non-Muslim State, their bond of marriage with them used to be terminated by their entry into the Islamic state, and it was lawful for a Muslim to marry her, if she was a Christian, a Jew or had embraced Islam. Similarly, if the head of the Islamic state opted to make her a bondwoman and had given her to a participant in the war as his share in the spoils, he could also enjoy her company. However, this marriage or enjoyment was permissible only after she goes through at least one menstruation period after her entry into the Islamic state. If it appeared that she was pregnant from her previous husband, it was necessary to wait until she delivers the child.</p><p>Rulings:</p><p>1. If a disbelieving woman embraces Islam in Dar al-Harb while her husband is a disbeliever, she will be released from the bond of marriage with him after the expiry of three menstrual periods.</p><p>2. If a disbelieving woman embraces Islam in Dar al-Islam and her husband is a disbeliever, then, the local legal authority should induce the husband to think about accepting Islam. If he refuses to become a Muslim, the Muslim judge should bring about a separation between the two. This separation will be taken as the divorce after which, the woman completes her period of ` iddah and becomes free to marry any Muslim of her choice.</p><p>كِتَابَ اللَّـهِ عَلَيْكُمْ (It has been written by Allah for you): It means that the unlawfulness of marriage with women identified by Allah is something determined by Him.</p><p>وَأُحِلَّ لَكُم مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them have been permitted for you): It means that women other than those whose unlawfulness has been mentioned upto this point are lawful for you; for example, the daughter of an uncle, the daughter of a maternal aunt, the sister born of a maternal uncle, and the wife of a maternal or paternal uncle - after their death or after they have divorced her - subject to the condition that any other reason of prohibition does not exist. In addition to that, there is the wife of an adopted son who can be lawfully married after he divorces, or dies; so also, if one's wife dies, he can marry her sister - these being some of the many lawful options available. All these have been covered under the generality of مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them).</p><p>Ruling:</p><p>It is not permissible to have more than four wives simultaneously. Detailed comments on this subject have already appeared in the beginning of Surah Al-Nis-a'. Not finding any reference to this in the immediate context of the present verses should not lead anyone to misunderstand that, may be, the generality of the Qur'anic words, '' مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them) allows unrestricted marriage with women. Besides the women, marriage with whom is unlawful as declared in the Holy Qur'an, there are several others in this category as mentioned in the noble Ahadith, indications of which appear in the Qur'anic verses also and to which we have been pointing out in our comments.</p><p>أَن تَبْتَغُوا بِأَمْوَالِكُم (that you may seek { to marry} through your wealth):</p><p>It means that the description of women unlawful for marriage is there to induce you to look for lawful women with the help of your wealth and enter into marriage with them. In الاحکام القرآن Ahkam al-Qur'an, Abu Bakr al-Jassas (رح) writes that this part of the verse tells us two things. Firstly, marriage cannot materialize devoid of dower (even if the parties to marriage decide between themselves that the marriage will take place without dower, still, dower will be necessary, details of which are available in books of Fiqh). Secondly, it tells us that dower (mahr) should be something which can be termed as مال "mal' (inclusive of wealth, property, assets etc.) According to the Hanafiyyah, mahr (dower) should not be less than ten dirhams. One dirham is equivalent to 3 1/2x17 grains Troy of silver.</p><p>مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ (binding yourself in marriage, and not only for lust): It means that one should seek lawful women with the help of one's assets and it should be clearly understood that the seeking of women is to safeguard modesty and chastity, which is the crucial purpose of a marriage. And it is through marriage alone that the desired objective has to be achieved and certainly not through spendings to find women for zina (fornication). This tells us that, no doubt the fornicators too spend out of their assets, but that spending is patently unlawful, and benefiting from a woman who has been procured by such spending is never lawful. The addition of غَيْرَ‌ مُسَافِحِينَ 1 (not for lust) here serves two purposes. As obvious, it forbids zina (fornication) while it also points out that the purpose of zina is nothing but to run after lust and to waste one's semen for unlawful enjoyment - because it is not aimed at the seeking of children and the preservation of the human race. Muslims must stay chaste investing their strength where it is due in the best interest of human procreation, the method of which is to have a wife in marriage, or a bondwoman - in case one comes to have one.</p><p>1. Literally, it means 'flowing of water' and indicates to seeking ejaculation out of lust. (Editor)</p><p>فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَ‌هُنَّ فَرِ‌يضَةً (So, whoever of them you have benefited from, give them their due as obligated): 'Benefiting' in this verse refers to coition and it means that the payment of full dower is due on the husband only when he had benefited from her company by having sex with her. If, after the initial marriage contract the wife has not come to live with the husband who thus does not get the opportunity to 'benefit' from her company, and he divorces her before having that opportunity, the payment of mahr (dower) due against him becomes half. Special attention has been drawn in this verse to the situation when, once this 'benefit' has been received from some woman, the payment of her mahr becomes obligatory on all counts. Any shortcoming in doing so is against the letter and spirit of Muslim law. Moreover, the universal human sense of honour dictates that consequent to the purpose of marriage having been achieved, there should be no failing or delaying in giving the wife her due - however, the Shari'ah gives the woman the additional right that she can, if the mahr (dower) is prompt مُعَجَّل (mu'ajjal), refuse to go to her husband until the payment of the mahr has been made to her.</p><p>The unlawfulness of Mut'ah</p><p>The root of the Arabic word, إستمتاع : istimta' is ع ۔ ت - م (mim - ta - 'ain) which means to derive benefit.. Any benefit derived from a person or from wealth, property, assets etc. is called istimta'. According to Arabic grammar, the addition of the letters س : sin and ت : ta to the root of any word gives the meaning of seeking. Based on this lexical explanation, the simple and straight sense of the Qur'anic expression, اسْتَمْتَعْتُم (you have benefited), as understood by the entire Muslim ummah from the revered early elders to their successors and followers, is just what we have stated a little earlier. But, a sect1 says that it means the conventional mut'ah and, according to its adherents, this verse proves that mut'ah is halal (lawful). Therefore, it is pertinent here to give a brief account of mut'ah and its unlawfulness.</p><p>1. [ i.e. the Shiites ] (editor).</p><p>Mut'ah which was in vogue before the advent of Islam was a temporary contract between a man and a woman for having sexual relationship between them for a specified period in exchange of money or a specified kind offered by the man to the woman. This type of contract, which was never meant to create permanent rights and obligations of marriage, was clearly prohibited by the Holy Qur'an and Sunnah, however, this particular sect claims that it is still halal (permissible). They sometimes seek support to this claim from the present verse just on the ground that the word 'mut'ah' has been derived from the same root wherefrom the word اسْتَمْتَعْتُم used in this verse has been derived. Obviously, this argument is too far-fetched, and the present verse itself is sufficient to refute it, because before the word اسْتَمْتَعْتُم ، the Holy Qur'an has used the words مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ (binding yourself in marriage and not only for lust) which clearly prove that the sexual relationship approved by the Holy Qur'an is the only one which aims at chastity through the permanent bond of marriage, and not a relationship based on satisfying lust for a temporary period which has been termed by the Holy Qur'an as 'flowing water'.</p><p>Now, it is obvious that the contract of mut'ah has nothing to do with this concept. It neither creates permanent rights and obligations, nor does it bring about a family set-up, nor does it aim at having children and maintain chastity: It is nothing but to satisfy the sexual desire for a short period of time.</p><p>As a result, the woman with whom mut'ah is done is not given even the status of a wife who could inherit from her very pragmatic counter-part - who, for that matter, does not even have the grace to count her among his recognized wives. The reason is very simple as the purpose here is nothing but sexual gratification, an attitude which drives men and women to keep hunting for ever-new sex-partners in a temporary setting. If this be the state of affairs, mut'ah (referred to as temporary marriage) can never be taken as the guarantor of modesty and chastity; it is, on the contrary, its very enemy.</p><p>Therefore, the Qur'anic words مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ are more than enough to rule out the possibility of mut'ah being meant by the present verse.</p><p>The author of Hidayah has attributed to Imam Malik (رح) that, according to him, mut'ah is permissible. But, this attribution is totally incorrect as clarified by the commentator of Hidayah and other respected scholars who say that the author of Hidayah has attributed this view to Imam Malik inadvertently.</p><p>However, there are some of those who claim that Sayyidna Ibn 'Abbas ؓ believed in the lawfulness of mut'ah right upto his later years, although this is not so. Imam al-Tirmidhi (رح) ، devoting a chapter to "mut'ah", has reported two ahadith. The first one is as follows:</p><p>عن علی ابن طالب أن النبی ﷺ نھیٰ عن متعۃ النساء و عن لحوم الحمرا لأھلیۃ زمن خیبر</p><p>Ali ibn Abi Talib ؓ reports that the Holy Prophet ﷺ on the occasion of the battle of Khyber, prohibited mut'ah with women and from (eating) the meat of domestic donkeys.</p><p>This hadith appears in al-Bukhari and Muslim as well. The second hadith reported by Imam al-Tirmidhi is given below:</p><p>عن ابن عباس قال : إنما کانت المتعۃ فی أول الإسلام حتی إذا نزلت الایۃ الاعلی ازواجھم او ما ملکت ایمانھم ط قال ابن عباس : فکل فرج سواھما فھو حرام</p><p>Ibn ` Abbas ؓ says: Mut'ah was there only in the early period of Islam until the verse إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ ) - was revealed. Then, he said: All private parts other than these are unlawful (that is other than those of the legally wedded wife and the bondwoman one may come to have).</p><p>Nevertheless, this much has to be said that Sayyidna Ibn ` Abbas ؓ took mut'ah to be permissible upto a certain time. Then, it was on the good counsel of Sayyidna ` Ali ؓ عنہ (as in Sahih Muslim, v.l, p.452) and under the chastening impact of the noble verse: إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ he revoked his earlier position, as indicated in the narration from Tirmidhi.</p><p>It is very strange that the sect which believes in the lawfulness of mut'ah - despite its claim to love and obey Sayyidna ` Ali ؓ - elects to oppose no less a person than him on this particular issue.</p><p>The author of Ruh al-Ma'ani reports from Qadi 'Ay-ad that mut'ah was lawful before the battle of Khyber, but it was made unlawful during it. After that, it was declared lawful on the day of the Conquest of Makkah, but it was after three days that it was proclaimed as unlawful forever.</p><p>There is yet another point worthy of our attention. The Qur'anic statement:</p><p>وَالَّذِينَ هُمْ لِفُرُ‌وجِهِمْ حَافِظُونَ ﴿5﴾ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ‌ مَلُومِينَ ﴿6﴾</p><p>(And those who guard their private parts, save from their wives or from their bondwomen, then, they are not blame-worthy).</p><p>is so explicit that it admits of no other interpretation. It shows the unlawfulness of mut'ah very clearly. Seeking flimsy support from some rare and unauthentic readings is absolutely incorrect.</p><p>To sum up our earlier submissions, there is no absolute proof to support the view that the Qur'anic word, اسْتَمْتَعْتُم (you have benefited) refers to conventional mut'ah. This is just a remote possibility which can never override the absolute proof contained inإِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ cited above. Specially, keeping in view the well-settled principle of Islamic jurisprudence, that where two arguments or two interpretations are equally possible, the one supporting prohibition is always preferred.</p><p>Ruling:</p><p>Like mut'ah, a time bound marriage is also unlawful. A time-bound marriage (termed in Islamic jurisprudence as النکاح المُوَقَّت al-nikah al-muwaqqat) is a marriage entered into for a fixed time. The difference between the two is that mut'ah is done by using the words of mut'ah. A time-bound marriage is done by saying the word, nikah which is normally used for regular marriage.</p><p>وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَ‌اضَيْتُم بِهِ مِن بَعْدِ الْفَرِ‌يضَةِ (And there is no sin on you in what you mutually consent to after the { initial) settlement): This sentence in the verse means that mahr or dower which has been fixed mutually is not, in the real sense, absolute and definitive, and something to which nothing could be added or deleted. On the contrary, a husband can add something on his own accord on the fixed mahr, and the wife too, if she so desires, willingly and happily, can forgo a part of her mahr, or the whole of it. The generality of the words also allows a situation where a woman willingly agrees to defer the payment of a dower which was originally settled to be prompt.</p><p>إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا (Surely, Allah is All-Knowing, All-Wise): The addition of this sentence towards the end of the verse tells us two things. Firstly, that All knows. He is aware of everything. His injunctions are there to be complied with. If somebody acts against these and even if a judge, a ruler, or any other human being ever gets to find out about it, Allah, in His most exalted state of being, knows all about this and everything else. One must keep fearing Him under all circumstances. Secondly, that the injunctions He has revealed are all based on حِکمہ hikmah or wisdom. In essence, hikmah (Allah's wisdom) is too deep to be understood by everyone. The injunctions concerning what is unlawful and lawful as given in these verses, whether or not one understands their cause, reason or justification, must be believed in, accepted and obeyed. This is because, even though we may not know the raison d'etre, the cause, reason or justification, it hardly matters, for the Creator and the Master of the Command, Allah Almighty certainly knows it all, being the All-Knowing, the Wise.</p><p>There are many people, educated but ignorant, visibly spread out in our contemporary Muslim and non-Muslim societies, who go about gopher-like, searching for the causes of Divine injunctions. When they fail to find any, they side-track the need to comply with the injunction by saying that the Word of God was, God-forbid, contrary to the requirements of the modern age, or worse still, unsuitable. The words of the verse have silenced such people for ever by telling them: 'You are ignorant. Your Creator is All-Knowing. You lack understanding. Allah is All-Wise. Do not make your reason the touchstone of the Truth.'</p>
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ (the women already bound in marriage): It means that women having husbands have also been made unlawful. So far as a woman is married to a person, no other person can marry her. From here, it becomes very clear that a woman cannot live with more than one husband simultaneously. There are some ignorant and loudmouthed people in our time who have started saying - when men are allowed to take more than one wife, women too should have the permission to enjoy more than one husband. This tasteless bravado is totally contrary to this noble verse. People who indulge in such flippant display of ignorance do not see that plurality of wives is a blessing which has been historically endorsed in all religions and societies. But, for a woman, having more than one husband at the same time is not only a headache for her in person, but it is also disgraceful for those two men who become husbands to one woman. This weird arrangement is not only shameless, but also leaves no possibility of any offspring being born lineally sound. When many men benefit from one woman, there will remain no method of attributing the fatherhood of the child so born to any one of the participating husbands. Such an obnoxious demand can only be made by those who are totally hostile to the graces of humanity, those who have buried their sense of shame once and for all and those who are supporting the movement to deprive human beings of blessings that issue forth from the recognized channel of parents and children bound in a charter of mutual rights. When lineage goes unproved, who is going to be charged with the responsibility of taking care of mutual rights and duties?Even if this is looked at purely in terms of nature and reason, there seems to be no justification for the provision of several husbands for one woman:1. The basic purpose of marriage is procreation. Seen from this angle, several women can certainly become pregnant from one man, but one woman cannot become pregnant from several men. She will become pregnant from none but one. What has thus happened is that, given the presence of several husbands, the procreating ability of all husbands, except one, was totally wasted on that count. They ended up with nothing beneficial except the lone satisfaction of their sexual drive.2. Experience shows that woman is a genre more delicate than man. For a major portion of the year, she does not remain physically amenable to intimacy. There are conditions and circumstances in married life when it is not possible for her to fulfill the rights of even one husband, let alone more than one husband seeking her physical attention.3. Since man is healthier and stronger in terms of physical power as compared to woman, man should, if his sexual strength is above average and he cannot find satisfaction by limiting himself to one woman, have the opportunity, of course by permissible means, to marry twice and thrice. If this is not allowed, he will take to impermissible ways of satisfying his desires, and in that process, he will ruin the whole society. But, the likelihood that woman could bring about such ruination is very remote.This question is so important in the Shari` ah of Islam that it has not only ruled the second marriage of a woman unlawful when she is already married to someone else, but it also goes farther when it rules that, should the husband of a woman divorce her, or die, she still cannot marry another person until after the expiry of her ` iddah or waiting period.إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ (except the bondwomen you come to own): This sentence is an exception from the rule set in وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ ; (the women already bound in marriage).It means that it is not permissible that a woman who already has a husband be taken in marriage by another person, unless she comes in the ownership of a person as a bondwoman. This happened when Muslims had to carry out jihad against the infidels of Dar-al-harb (a non-Muslim state without a treaty of peace with the Muslims). As a result of a valid war with them women prisoners might have been brought to the Islamic state. If their non-Muslim husbands remained behind in their original non-Muslim State, their bond of marriage with them used to be terminated by their entry into the Islamic state, and it was lawful for a Muslim to marry her, if she was a Christian, a Jew or had embraced Islam. Similarly, if the head of the Islamic state opted to make her a bondwoman and had given her to a participant in the war as his share in the spoils, he could also enjoy her company. However, this marriage or enjoyment was permissible only after she goes through at least one menstruation period after her entry into the Islamic state. If it appeared that she was pregnant from her previous husband, it was necessary to wait until she delivers the child.Rulings:1. If a disbelieving woman embraces Islam in Dar al-Harb while her husband is a disbeliever, she will be released from the bond of marriage with him after the expiry of three menstrual periods.2. If a disbelieving woman embraces Islam in Dar al-Islam and her husband is a disbeliever, then, the local legal authority should induce the husband to think about accepting Islam. If he refuses to become a Muslim, the Muslim judge should bring about a separation between the two. This separation will be taken as the divorce after which, the woman completes her period of ` iddah and becomes free to marry any Muslim of her choice.كِتَابَ اللَّـهِ عَلَيْكُمْ (It has been written by Allah for you): It means that the unlawfulness of marriage with women identified by Allah is something determined by Him.وَأُحِلَّ لَكُم مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them have been permitted for you): It means that women other than those whose unlawfulness has been mentioned upto this point are lawful for you; for example, the daughter of an uncle, the daughter of a maternal aunt, the sister born of a maternal uncle, and the wife of a maternal or paternal uncle - after their death or after they have divorced her - subject to the condition that any other reason of prohibition does not exist. In addition to that, there is the wife of an adopted son who can be lawfully married after he divorces, or dies; so also, if one's wife dies, he can marry her sister - these being some of the many lawful options available. All these have been covered under the generality of مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them).Ruling:It is not permissible to have more than four wives simultaneously. Detailed comments on this subject have already appeared in the beginning of Surah Al-Nis-a'. Not finding any reference to this in the immediate context of the present verses should not lead anyone to misunderstand that, may be, the generality of the Qur'anic words, '' مَّا وَرَ‌اءَ ذَٰلِكُمْ (All except them) allows unrestricted marriage with women. Besides the women, marriage with whom is unlawful as declared in the Holy Qur'an, there are several others in this category as mentioned in the noble Ahadith, indications of which appear in the Qur'anic verses also and to which we have been pointing out in our comments.أَن تَبْتَغُوا بِأَمْوَالِكُم (that you may seek { to marry} through your wealth):It means that the description of women unlawful for marriage is there to induce you to look for lawful women with the help of your wealth and enter into marriage with them. In الاحکام القرآن Ahkam al-Qur'an, Abu Bakr al-Jassas (رح) writes that this part of the verse tells us two things. Firstly, marriage cannot materialize devoid of dower (even if the parties to marriage decide between themselves that the marriage will take place without dower, still, dower will be necessary, details of which are available in books of Fiqh). Secondly, it tells us that dower (mahr) should be something which can be termed as مال "mal' (inclusive of wealth, property, assets etc.) According to the Hanafiyyah, mahr (dower) should not be less than ten dirhams. One dirham is equivalent to 3 1/2x17 grains Troy of silver.مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ (binding yourself in marriage, and not only for lust): It means that one should seek lawful women with the help of one's assets and it should be clearly understood that the seeking of women is to safeguard modesty and chastity, which is the crucial purpose of a marriage. And it is through marriage alone that the desired objective has to be achieved and certainly not through spendings to find women for zina (fornication). This tells us that, no doubt the fornicators too spend out of their assets, but that spending is patently unlawful, and benefiting from a woman who has been procured by such spending is never lawful. The addition of غَيْرَ‌ مُسَافِحِينَ 1 (not for lust) here serves two purposes. As obvious, it forbids zina (fornication) while it also points out that the purpose of zina is nothing but to run after lust and to waste one's semen for unlawful enjoyment - because it is not aimed at the seeking of children and the preservation of the human race. Muslims must stay chaste investing their strength where it is due in the best interest of human procreation, the method of which is to have a wife in marriage, or a bondwoman - in case one comes to have one.1. Literally, it means 'flowing of water' and indicates to seeking ejaculation out of lust. (Editor)فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَ‌هُنَّ فَرِ‌يضَةً (So, whoever of them you have benefited from, give them their due as obligated): 'Benefiting' in this verse refers to coition and it means that the payment of full dower is due on the husband only when he had benefited from her company by having sex with her. If, after the initial marriage contract the wife has not come to live with the husband who thus does not get the opportunity to 'benefit' from her company, and he divorces her before having that opportunity, the payment of mahr (dower) due against him becomes half. Special attention has been drawn in this verse to the situation when, once this 'benefit' has been received from some woman, the payment of her mahr becomes obligatory on all counts. Any shortcoming in doing so is against the letter and spirit of Muslim law. Moreover, the universal human sense of honour dictates that consequent to the purpose of marriage having been achieved, there should be no failing or delaying in giving the wife her due - however, the Shari'ah gives the woman the additional right that she can, if the mahr (dower) is prompt مُعَجَّل (mu'ajjal), refuse to go to her husband until the payment of the mahr has been made to her.The unlawfulness of Mut'ahThe root of the Arabic word, إستمتاع : istimta' is ع ۔ ت - م (mim - ta - 'ain) which means to derive benefit.. Any benefit derived from a person or from wealth, property, assets etc. is called istimta'. According to Arabic grammar, the addition of the letters س : sin and ت : ta to the root of any word gives the meaning of seeking. Based on this lexical explanation, the simple and straight sense of the Qur'anic expression, اسْتَمْتَعْتُم (you have benefited), as understood by the entire Muslim ummah from the revered early elders to their successors and followers, is just what we have stated a little earlier. But, a sect1 says that it means the conventional mut'ah and, according to its adherents, this verse proves that mut'ah is halal (lawful). Therefore, it is pertinent here to give a brief account of mut'ah and its unlawfulness.1. [ i.e. the Shiites ] (editor).Mut'ah which was in vogue before the advent of Islam was a temporary contract between a man and a woman for having sexual relationship between them for a specified period in exchange of money or a specified kind offered by the man to the woman. This type of contract, which was never meant to create permanent rights and obligations of marriage, was clearly prohibited by the Holy Qur'an and Sunnah, however, this particular sect claims that it is still halal (permissible). They sometimes seek support to this claim from the present verse just on the ground that the word 'mut'ah' has been derived from the same root wherefrom the word اسْتَمْتَعْتُم used in this verse has been derived. Obviously, this argument is too far-fetched, and the present verse itself is sufficient to refute it, because before the word اسْتَمْتَعْتُم ، the Holy Qur'an has used the words مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ (binding yourself in marriage and not only for lust) which clearly prove that the sexual relationship approved by the Holy Qur'an is the only one which aims at chastity through the permanent bond of marriage, and not a relationship based on satisfying lust for a temporary period which has been termed by the Holy Qur'an as 'flowing water'.Now, it is obvious that the contract of mut'ah has nothing to do with this concept. It neither creates permanent rights and obligations, nor does it bring about a family set-up, nor does it aim at having children and maintain chastity: It is nothing but to satisfy the sexual desire for a short period of time.As a result, the woman with whom mut'ah is done is not given even the status of a wife who could inherit from her very pragmatic counter-part - who, for that matter, does not even have the grace to count her among his recognized wives. The reason is very simple as the purpose here is nothing but sexual gratification, an attitude which drives men and women to keep hunting for ever-new sex-partners in a temporary setting. If this be the state of affairs, mut'ah (referred to as temporary marriage) can never be taken as the guarantor of modesty and chastity; it is, on the contrary, its very enemy.Therefore, the Qur'anic words مُّحْصِنِينَ غَيْرَ‌ مُسَافِحِينَ are more than enough to rule out the possibility of mut'ah being meant by the present verse.The author of Hidayah has attributed to Imam Malik (رح) that, according to him, mut'ah is permissible. But, this attribution is totally incorrect as clarified by the commentator of Hidayah and other respected scholars who say that the author of Hidayah has attributed this view to Imam Malik inadvertently.However, there are some of those who claim that Sayyidna Ibn 'Abbas ؓ believed in the lawfulness of mut'ah right upto his later years, although this is not so. Imam al-Tirmidhi (رح) ، devoting a chapter to "mut'ah", has reported two ahadith. The first one is as follows:عن علی ابن طالب أن النبی ﷺ نھیٰ عن متعۃ النساء و عن لحوم الحمرا لأھلیۃ زمن خیبرAli ibn Abi Talib ؓ reports that the Holy Prophet ﷺ on the occasion of the battle of Khyber, prohibited mut'ah with women and from (eating) the meat of domestic donkeys.This hadith appears in al-Bukhari and Muslim as well. The second hadith reported by Imam al-Tirmidhi is given below:عن ابن عباس قال : إنما کانت المتعۃ فی أول الإسلام حتی إذا نزلت الایۃ الاعلی ازواجھم او ما ملکت ایمانھم ط قال ابن عباس : فکل فرج سواھما فھو حرامIbn ` Abbas ؓ says: Mut'ah was there only in the early period of Islam until the verse إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ ) - was revealed. Then, he said: All private parts other than these are unlawful (that is other than those of the legally wedded wife and the bondwoman one may come to have).Nevertheless, this much has to be said that Sayyidna Ibn ` Abbas ؓ took mut'ah to be permissible upto a certain time. Then, it was on the good counsel of Sayyidna ` Ali ؓ عنہ (as in Sahih Muslim, v.l, p.452) and under the chastening impact of the noble verse: إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ he revoked his earlier position, as indicated in the narration from Tirmidhi.It is very strange that the sect which believes in the lawfulness of mut'ah - despite its claim to love and obey Sayyidna ` Ali ؓ - elects to oppose no less a person than him on this particular issue.The author of Ruh al-Ma'ani reports from Qadi 'Ay-ad that mut'ah was lawful before the battle of Khyber, but it was made unlawful during it. After that, it was declared lawful on the day of the Conquest of Makkah, but it was after three days that it was proclaimed as unlawful forever.There is yet another point worthy of our attention. The Qur'anic statement:وَالَّذِينَ هُمْ لِفُرُ‌وجِهِمْ حَافِظُونَ ﴿5﴾ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ‌ مَلُومِينَ ﴿6﴾(And those who guard their private parts, save from their wives or from their bondwomen, then, they are not blame-worthy).is so explicit that it admits of no other interpretation. It shows the unlawfulness of mut'ah very clearly. Seeking flimsy support from some rare and unauthentic readings is absolutely incorrect.To sum up our earlier submissions, there is no absolute proof to support the view that the Qur'anic word, اسْتَمْتَعْتُم (you have benefited) refers to conventional mut'ah. This is just a remote possibility which can never override the absolute proof contained inإِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ cited above. Specially, keeping in view the well-settled principle of Islamic jurisprudence, that where two arguments or two interpretations are equally possible, the one supporting prohibition is always preferred.Ruling:Like mut'ah, a time bound marriage is also unlawful. A time-bound marriage (termed in Islamic jurisprudence as النکاح المُوَقَّت al-nikah al-muwaqqat) is a marriage entered into for a fixed time. The difference between the two is that mut'ah is done by using the words of mut'ah. A time-bound marriage is done by saying the word, nikah which is normally used for regular marriage.وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَ‌اضَيْتُم بِهِ مِن بَعْدِ الْفَرِ‌يضَةِ (And there is no sin on you in what you mutually consent to after the { initial) settlement): This sentence in the verse means that mahr or dower which has been fixed mutually is not, in the real sense, absolute and definitive, and something to which nothing could be added or deleted. On the contrary, a husband can add something on his own accord on the fixed mahr, and the wife too, if she so desires, willingly and happily, can forgo a part of her mahr, or the whole of it. The generality of the words also allows a situation where a woman willingly agrees to defer the payment of a dower which was originally settled to be prompt.إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا (Surely, Allah is All-Knowing, All-Wise): The addition of this sentence towards the end of the verse tells us two things. Firstly, that All knows. He is aware of everything. His injunctions are there to be complied with. If somebody acts against these and even if a judge, a ruler, or any other human being ever gets to find out about it, Allah, in His most exalted state of being, knows all about this and everything else. One must keep fearing Him under all circumstances. Secondly, that the injunctions He has revealed are all based on حِکمہ hikmah or wisdom. In essence, hikmah (Allah's wisdom) is too deep to be understood by everyone. The injunctions concerning what is unlawful and lawful as given in these verses, whether or not one understands their cause, reason or justification, must be believed in, accepted and obeyed. This is because, even though we may not know the raison d'etre, the cause, reason or justification, it hardly matters, for the Creator and the Master of the Command, Allah Almighty certainly knows it all, being the All-Knowing, the Wise.There are many people, educated but ignorant, visibly spread out in our contemporary Muslim and non-Muslim societies, who go about gopher-like, searching for the causes of Divine injunctions. When they fail to find any, they side-track the need to comply with the injunction by saying that the Word of God was, God-forbid, contrary to the requirements of the modern age, or worse still, unsuitable. The words of the verse have silenced such people for ever by telling them: 'You are ignorant. Your Creator is All-Knowing. You lack understanding. Allah is All-Wise. Do not make your reason the touchstone of the Truth.'
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4
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم بَعْضُكُم مِّنۢ بَعْضٍ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍ وَلَا مُتَّخِذَٰتِ أَخْدَانٍ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ وَأَن تَصْبِرُوا۟ خَيْرٌ لَّكُمْ وَٱللَّهُ غَفُورٌ رَّحِيمٌ
<p>It is in continuation of the injunctions relating to marriage which have been appearing earlier that the text now takes up the option of marriage with bondwomen who qualify as such under the stipulations of the Shari'ah of Islam. Then, the injunction of Hadd punishment concerning them has been added along since the status of a bondman and bondwoman is different from a free man and a free woman. Detailed explanation follows.</p><p>Commentary</p><p>The word, طَول (taul) in the Qur'anic text signifies power, capability and means. The sense of the verse is that one who does not have the capability or means to marry free Muslim women, can marry Muslim bondwomen. This clearly indicates that one should, as far as possible, marry only a free woman and simply not marry a bondwoman. But, should it be that one has to marry a bondwoman, he should look for a Muslim bondwoman</p><p>This is the very juristic position of Imam Abu Hanifah (رح) according to whom marrying a bondwoman, specially a bondwoman from the people of the Book (Jews or Christians) while having the power and means to marry a free woman, is مکرُوہ makruh (not desirable).</p><p>According to Imam Shafi` i (رح) and other Imams, marrying a bondwoman while having the power and means to marry a free woman is unlawful (haram), and marrying a bondwoman from the people of the Book is absolutely impermissible.</p><p>In short, to avoid marrying a bondwoman is, under all conditions, certainly better for a free man. However, if one has to do so under personal lack of choice, marrying a Muslim bondwoman is better. The reason is that the offspring from a bondwoman becomes automatically bonded to the owner of the bondwoman. Furthermore, there remains the danger that the offspring from the non-Muslim bondwoman could adopt a religion other than Islam following the example of the mother. So, in order to rescue the children from bondage and to ensure that they remain Muslims, it is necessary that the mother of the children should be free. If she is a bondwoman, let her, at the least, be necessarily a Muslim, so that the faith of the child remains secure for future flowering. For this reason, respected scholars have said that marrying a free woman from the people of the Book is, no doubt, correct, but, staying away from doing so is better; and in a time like this, its importance is much too obvious to be emphasized as Jewish and Christian women usually marry Muslim men to influence the husband himself, and his children, into adopting their religion.</p><p>This much established, the text then says: وَاللَّـهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ. It means that Allah is fully aware of your faith, that is, 'Iman or faith is the criterion of precedence. It is very likely that a bondman or bond-woman may be far ahead of free men and women on the scale of faith. Therefore, the option of marriage with a Muslim bondwoman should not be taken as absolutely contemptible. Instead the fact that she has faith in Islam should be appreciated. The expression بَعْضُكُم مِّن بَعْضٍ , appearing at the end, translated here as 'you are similar to each other', means that human beings, free or inbondage, all come from one species, the children of Adam and all were born of only one soul. That one is better than the other depends on 'Iman (faith) and Taqwa (righteous conduct in fear of Allah, the Creator). According to al-Tafsir al-Mazhari, 'these two sentence are there for people to get familiarized with and become acceptance-prone to marriage with bondwomen and get rid of any attitude of contempt for such marriage</p><p>فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَ‌هُنَّ بِالْمَعْرُ‌وفِ , marry them with the permission of their masters and give them their dues): It means that, should they refuse to give permission; the marriage of the bondwoman will not be correct because the bondwoman does not possess the control over her person. The same rule governs the bondman as he too cannot marry without the permission of his master.</p><p>Then it was said that one who marries a bondwoman should pay her mahr (dower) promptly, honestly and gracefully, that is, without hedging and delaying, and making sure that the payment is made in full, and that no trouble is caused to the bondwoman in this matter just because she happens to be a bondwoman. The juristic position taken by Imam Malik (رح) in this connection is that mahr (dower) is the right of the bondwoman. Other Imams say that the master of the bond-woman is the one who shall become the owner of what is received in payment of the dower of the bondwoman.</p><p>مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ (they being bound in marriage, not going for lust, nor having paramours): It means that marriage with Muslim bondwomen should be contracted while they are observers of chastity being neither مُسَافِحَاتٍ "musafihat", that is, open fornicators, nor keepers of clandestine paramours. It may be noted that the text, though refers to the seeking of chaste bondwomen for marriage at this place, yet it is also much better to stay away from marrying a fornicating free woman as well.</p><p>Since this verse has declared that if one cannot afford to marry a free woman, the second option for him is to marry a bondwoman. This also proves that mut'ah (متعہ) is not permissible, because, had mut'ah been permissible, a person who could not afford to marry a free woman could have gone for the easiest alternate by doing mut'ah1 as it would have gratified his sexual desire and, in addition to that, the relative financial burden of this deal would have been much less than that of a regular marriage. Furthermore, the Qur'anic words مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ identify the trait of the bondwomen - an observer of chastity while being bound in marriage and no fornicator. Now, as far as mut'ah is concerned, it is all 'safh', nothing but spillage and rank whoredom. One woman gets used by several men in short spans of time. The offspring, if it comes, cannot be credibly ascribed to anyone. There goes the benefit of procreation. What becomes of the unique reservoir of human strength all such people possess, is simply that the whole thing goes down the drain just to oblige the wanton pursuit of sex.</p><p>1. For details see the commentary (on verse 24) in the previous section.</p><p>فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ : It means that after the bondwomen have been bound in marriage and their observance of chastity has been given a safe cover, if they commit zina, an act of shame, they shall be liable to half of the punishment prescribed for the free women. This refers to unmarried free women. If unmarried free man and woman happen to commit zina, the punishment is one hundred lashes, which appears in Surah An-Nur (24:2). As for the married man and woman committing zina (adultery), the punishment is rajm which is death by stoning. Since this particular punishment cannot be reduced to half, all four Imams agree on the position that the punishment of zina committed by a bondman or bondwoman, married or unmarried, is fifty lashes. The injunction relating to the bondwomen has been mentioned in the present verse, but the question of the bondman too becomes clear from the obvious analogy of the text.</p><p>ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنكُمْ : It means that the permission to marry a bond-woman is for a person who apprehends that he might fall into the sin of fornication.</p><p>وَأَن تَصْبِرُ‌وا خَيْرٌ‌ لَّكُمْ ; (And that you be patient is better for you); that is, if a person, despite the apprehension of falling into zina, exercises restraint and keeps himself morally pure rising above the pull of his sexual desire, then, this state of being is better than that one marries bondwomen.</p><p>وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ (And Allah is Most-Forgiving, Very-Merciful): It means that, no doubt, marrying bondwomen is makruh (not desirable) yet, should one go on to do something in this line, Allah Almighty will still forgive him. Then, He is Very-Merciful too, because He allowed marriage with bondwomen and did not make it totally prohibited.</p><p>Special Note</p><p>Bondmen and bondwomen mentioned in the explanation of the present verse represent the شرعی Shari bondmen and bondwomen. Men and women from among the disbelievers who were taken prisoners during Jihad were given to the Mujahidin as part of the distribution of spoils by the امیر المؤمنین Amir al-Mu` minin, the Chief Executive of Muslims. These prisoners became the bondmen and bondwomen. Their offspring too remained in bondage (with the exception of some cases which appear in due details in books of Fiqh). Today Muslims have forsaken taking up Jihad in the manner prescribed by the Shari'ah of Islam, ignored the demands of their Jihad, have entrusted the options of peace and war in the hands of the enemies of their religion and have themselves become chained to principles and policies which have nothing to do with the Shari'ah of Islam. Since that point of time Muslims departed from the pivot, they ended up being deprived of what was known as a bondman and bondwoman.</p><p>Common domestic servants in our own time are not 'bondmen' and 'bondwomen' because they are free.</p><p>In some parts of the world, children are sold out or enslaved. This is absolutely and totally Haram (forbidden). They do not become 'bondmen' and 'bondwomen' by doing that.</p>
It is in continuation of the injunctions relating to marriage which have been appearing earlier that the text now takes up the option of marriage with bondwomen who qualify as such under the stipulations of the Shari'ah of Islam. Then, the injunction of Hadd punishment concerning them has been added along since the status of a bondman and bondwoman is different from a free man and a free woman. Detailed explanation follows.CommentaryThe word, طَول (taul) in the Qur'anic text signifies power, capability and means. The sense of the verse is that one who does not have the capability or means to marry free Muslim women, can marry Muslim bondwomen. This clearly indicates that one should, as far as possible, marry only a free woman and simply not marry a bondwoman. But, should it be that one has to marry a bondwoman, he should look for a Muslim bondwomanThis is the very juristic position of Imam Abu Hanifah (رح) according to whom marrying a bondwoman, specially a bondwoman from the people of the Book (Jews or Christians) while having the power and means to marry a free woman, is مکرُوہ makruh (not desirable).According to Imam Shafi` i (رح) and other Imams, marrying a bondwoman while having the power and means to marry a free woman is unlawful (haram), and marrying a bondwoman from the people of the Book is absolutely impermissible.In short, to avoid marrying a bondwoman is, under all conditions, certainly better for a free man. However, if one has to do so under personal lack of choice, marrying a Muslim bondwoman is better. The reason is that the offspring from a bondwoman becomes automatically bonded to the owner of the bondwoman. Furthermore, there remains the danger that the offspring from the non-Muslim bondwoman could adopt a religion other than Islam following the example of the mother. So, in order to rescue the children from bondage and to ensure that they remain Muslims, it is necessary that the mother of the children should be free. If she is a bondwoman, let her, at the least, be necessarily a Muslim, so that the faith of the child remains secure for future flowering. For this reason, respected scholars have said that marrying a free woman from the people of the Book is, no doubt, correct, but, staying away from doing so is better; and in a time like this, its importance is much too obvious to be emphasized as Jewish and Christian women usually marry Muslim men to influence the husband himself, and his children, into adopting their religion.This much established, the text then says: وَاللَّـهُ أَعْلَمُ بِإِيمَانِكُم ۚ بَعْضُكُم مِّن بَعْضٍ. It means that Allah is fully aware of your faith, that is, 'Iman or faith is the criterion of precedence. It is very likely that a bondman or bond-woman may be far ahead of free men and women on the scale of faith. Therefore, the option of marriage with a Muslim bondwoman should not be taken as absolutely contemptible. Instead the fact that she has faith in Islam should be appreciated. The expression بَعْضُكُم مِّن بَعْضٍ , appearing at the end, translated here as 'you are similar to each other', means that human beings, free or inbondage, all come from one species, the children of Adam and all were born of only one soul. That one is better than the other depends on 'Iman (faith) and Taqwa (righteous conduct in fear of Allah, the Creator). According to al-Tafsir al-Mazhari, 'these two sentence are there for people to get familiarized with and become acceptance-prone to marriage with bondwomen and get rid of any attitude of contempt for such marriageفَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَ‌هُنَّ بِالْمَعْرُ‌وفِ , marry them with the permission of their masters and give them their dues): It means that, should they refuse to give permission; the marriage of the bondwoman will not be correct because the bondwoman does not possess the control over her person. The same rule governs the bondman as he too cannot marry without the permission of his master.Then it was said that one who marries a bondwoman should pay her mahr (dower) promptly, honestly and gracefully, that is, without hedging and delaying, and making sure that the payment is made in full, and that no trouble is caused to the bondwoman in this matter just because she happens to be a bondwoman. The juristic position taken by Imam Malik (رح) in this connection is that mahr (dower) is the right of the bondwoman. Other Imams say that the master of the bond-woman is the one who shall become the owner of what is received in payment of the dower of the bondwoman.مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ (they being bound in marriage, not going for lust, nor having paramours): It means that marriage with Muslim bondwomen should be contracted while they are observers of chastity being neither مُسَافِحَاتٍ "musafihat", that is, open fornicators, nor keepers of clandestine paramours. It may be noted that the text, though refers to the seeking of chaste bondwomen for marriage at this place, yet it is also much better to stay away from marrying a fornicating free woman as well.Since this verse has declared that if one cannot afford to marry a free woman, the second option for him is to marry a bondwoman. This also proves that mut'ah (متعہ) is not permissible, because, had mut'ah been permissible, a person who could not afford to marry a free woman could have gone for the easiest alternate by doing mut'ah1 as it would have gratified his sexual desire and, in addition to that, the relative financial burden of this deal would have been much less than that of a regular marriage. Furthermore, the Qur'anic words مُحْصَنَاتٍ غَيْرَ‌ مُسَافِحَاتٍ identify the trait of the bondwomen - an observer of chastity while being bound in marriage and no fornicator. Now, as far as mut'ah is concerned, it is all 'safh', nothing but spillage and rank whoredom. One woman gets used by several men in short spans of time. The offspring, if it comes, cannot be credibly ascribed to anyone. There goes the benefit of procreation. What becomes of the unique reservoir of human strength all such people possess, is simply that the whole thing goes down the drain just to oblige the wanton pursuit of sex.1. For details see the commentary (on verse 24) in the previous section.فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ : It means that after the bondwomen have been bound in marriage and their observance of chastity has been given a safe cover, if they commit zina, an act of shame, they shall be liable to half of the punishment prescribed for the free women. This refers to unmarried free women. If unmarried free man and woman happen to commit zina, the punishment is one hundred lashes, which appears in Surah An-Nur (24:2). As for the married man and woman committing zina (adultery), the punishment is rajm which is death by stoning. Since this particular punishment cannot be reduced to half, all four Imams agree on the position that the punishment of zina committed by a bondman or bondwoman, married or unmarried, is fifty lashes. The injunction relating to the bondwomen has been mentioned in the present verse, but the question of the bondman too becomes clear from the obvious analogy of the text.ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنكُمْ : It means that the permission to marry a bond-woman is for a person who apprehends that he might fall into the sin of fornication.وَأَن تَصْبِرُ‌وا خَيْرٌ‌ لَّكُمْ ; (And that you be patient is better for you); that is, if a person, despite the apprehension of falling into zina, exercises restraint and keeps himself morally pure rising above the pull of his sexual desire, then, this state of being is better than that one marries bondwomen.وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ (And Allah is Most-Forgiving, Very-Merciful): It means that, no doubt, marrying bondwomen is makruh (not desirable) yet, should one go on to do something in this line, Allah Almighty will still forgive him. Then, He is Very-Merciful too, because He allowed marriage with bondwomen and did not make it totally prohibited.Special NoteBondmen and bondwomen mentioned in the explanation of the present verse represent the شرعی Shari bondmen and bondwomen. Men and women from among the disbelievers who were taken prisoners during Jihad were given to the Mujahidin as part of the distribution of spoils by the امیر المؤمنین Amir al-Mu` minin, the Chief Executive of Muslims. These prisoners became the bondmen and bondwomen. Their offspring too remained in bondage (with the exception of some cases which appear in due details in books of Fiqh). Today Muslims have forsaken taking up Jihad in the manner prescribed by the Shari'ah of Islam, ignored the demands of their Jihad, have entrusted the options of peace and war in the hands of the enemies of their religion and have themselves become chained to principles and policies which have nothing to do with the Shari'ah of Islam. Since that point of time Muslims departed from the pivot, they ended up being deprived of what was known as a bondman and bondwoman.Common domestic servants in our own time are not 'bondmen' and 'bondwomen' because they are free.In some parts of the world, children are sold out or enslaved. This is absolutely and totally Haram (forbidden). They do not become 'bondmen' and 'bondwomen' by doing that.
25
4
يُرِيدُ ٱللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ ٱلَّذِينَ مِن قَبْلِكُمْ وَيَتُوبَ عَلَيْكُمْ وَٱللَّهُ عَلِيمٌ حَكِيمٌ
<p>Sequence</p><p>Mentioned in the previous verses were details of injunctions. Now, in the present verses, Allah Almighty points to his blessings and favours saying that your being obligated with these injunctions is for your own good, even though you may not be able to understand its manifestation in details. Then, along with it, there is the motivation to follow the divine injunctions. Finally, there is the message of alert against the evil intentions of the misguided who wish ill of you and would like you to stray far away from the straight path.</p><p>Commentary</p><p>Following the description of several injunctions relating to marriage, the present verses say that Allah Almighty is making His injunctions very clear and explicit for you, and He is putting you in line with the ways of the noble prophets and the righteous who have come earlier. Do not think that these details of what is unlawful and what is not are there for you alone. The fact is that communities, earlier than you, were also charged with such injunctions. Those who acted in accordance with them were rewarded with Allah's favour.</p><p>As for those who follow the dictates of their desires, which includes fornicators, adulterers and nations and peoples adhering to false creeds who just do not recognize the restrictions of halal and haram and make no distinction between lawful and unlawful would very much like you too to move away from the straight path and start giving ear to their false intentions and crooked ways. Be on your guard against them. There are creeds where it is all right to marry women - marriage with whom is not proper. Then there are many atheists who favour the very elimination of the institution of marriage as something out of tune with modern times. Not content with what they call "living together", there are people in some countries who are talking about women as a shared item of enjoyment. All this comes from people who take orders from their desiring self. Some Muslims, subscribing to Islam yet weak in their faith, when they keep company with disbelievers and atheists of such inclinations, fall a prey to their lustful claims and begin to think that their own religion is out-dated and that the position of the enemy is the very epitome of human progress. They do not realize that they have been framed into believing that people with such ideas are modern and forward-looking, something they start wishing their own religion could have permitted. Refuge with Allah from such spineless surrendering! The best policy is to take the warning given by Allah Almighty and stay away from owning and practicing ideas and ways of people with dispositions so wicked.</p>
SequenceMentioned in the previous verses were details of injunctions. Now, in the present verses, Allah Almighty points to his blessings and favours saying that your being obligated with these injunctions is for your own good, even though you may not be able to understand its manifestation in details. Then, along with it, there is the motivation to follow the divine injunctions. Finally, there is the message of alert against the evil intentions of the misguided who wish ill of you and would like you to stray far away from the straight path.CommentaryFollowing the description of several injunctions relating to marriage, the present verses say that Allah Almighty is making His injunctions very clear and explicit for you, and He is putting you in line with the ways of the noble prophets and the righteous who have come earlier. Do not think that these details of what is unlawful and what is not are there for you alone. The fact is that communities, earlier than you, were also charged with such injunctions. Those who acted in accordance with them were rewarded with Allah's favour.As for those who follow the dictates of their desires, which includes fornicators, adulterers and nations and peoples adhering to false creeds who just do not recognize the restrictions of halal and haram and make no distinction between lawful and unlawful would very much like you too to move away from the straight path and start giving ear to their false intentions and crooked ways. Be on your guard against them. There are creeds where it is all right to marry women - marriage with whom is not proper. Then there are many atheists who favour the very elimination of the institution of marriage as something out of tune with modern times. Not content with what they call "living together", there are people in some countries who are talking about women as a shared item of enjoyment. All this comes from people who take orders from their desiring self. Some Muslims, subscribing to Islam yet weak in their faith, when they keep company with disbelievers and atheists of such inclinations, fall a prey to their lustful claims and begin to think that their own religion is out-dated and that the position of the enemy is the very epitome of human progress. They do not realize that they have been framed into believing that people with such ideas are modern and forward-looking, something they start wishing their own religion could have permitted. Refuge with Allah from such spineless surrendering! The best policy is to take the warning given by Allah Almighty and stay away from owning and practicing ideas and ways of people with dispositions so wicked.
26
4
وَٱللَّهُ يُرِيدُ أَن يَتُوبَ عَلَيْكُمْ وَيُرِيدُ ٱلَّذِينَ يَتَّبِعُونَ ٱلشَّهَوَٰتِ أَن تَمِيلُوا۟ مَيْلًا عَظِيمًا
27
4
يُرِيدُ ٱللَّهُ أَن يُخَفِّفَ عَنكُمْ وَخُلِقَ ٱلْإِنسَٰنُ ضَعِيفًا
<p>After this, in the first part of verse 28, it was said: يُرِ‌يدُ اللَّـهُ أَن يُخَفِّفَ عَنكُمْ : It means that Allah, great in His majesty, intends to make things easy on you, that is, prescribes injunctions which can be carried out by everyone obligated with them. If one cannot afford marrying free women, permission has been given to marry bond-women. Parties to a marriage were given the right to settle the dower by mutual consent. Also given was the right to marry more than one woman under circumstantial necessity, of course, on condition that justice is not compromised.</p><p>At the end, in the second part of verse 28, the text says: وَخُلِقَ الْإِنسَانُ ضَعِيفًا ،(And man has been created weak). It means that man is weak by nature, and constituted desire-prone. If man was asked to stay away from women, totally and absolutely, he would have been a hopeless performer when it came to obeying the injunctions of Allah. It was, in view of his weakness and limitations, that he was not only permitted to marry women, but also that he was induced to do so. It goes without saying that the post-marriage life of a couple offers great benefits of mutual self-realization and most of all they enjoy the blessings of a sight that is untainted and a character that is unalloyed. This mutual purity of the couple increases the moral quality of life for both of them, making them strong, self-reliant and happy. So, marriage is a smart mutual contract to remove any chances of weakness that may afflict men and. women - a peerless method indeed.</p>
After this, in the first part of verse 28, it was said: يُرِ‌يدُ اللَّـهُ أَن يُخَفِّفَ عَنكُمْ : It means that Allah, great in His majesty, intends to make things easy on you, that is, prescribes injunctions which can be carried out by everyone obligated with them. If one cannot afford marrying free women, permission has been given to marry bond-women. Parties to a marriage were given the right to settle the dower by mutual consent. Also given was the right to marry more than one woman under circumstantial necessity, of course, on condition that justice is not compromised.At the end, in the second part of verse 28, the text says: وَخُلِقَ الْإِنسَانُ ضَعِيفًا ،(And man has been created weak). It means that man is weak by nature, and constituted desire-prone. If man was asked to stay away from women, totally and absolutely, he would have been a hopeless performer when it came to obeying the injunctions of Allah. It was, in view of his weakness and limitations, that he was not only permitted to marry women, but also that he was induced to do so. It goes without saying that the post-marriage life of a couple offers great benefits of mutual self-realization and most of all they enjoy the blessings of a sight that is untainted and a character that is unalloyed. This mutual purity of the couple increases the moral quality of life for both of them, making them strong, self-reliant and happy. So, marriage is a smart mutual contract to remove any chances of weakness that may afflict men and. women - a peerless method indeed.
28
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ إِلَّآ أَن تَكُونَ تِجَٰرَةً عَن تَرَاضٍ مِّنكُمْ وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًا
<p>Sequence</p><p>Looking back from the beginning of Surah Al-Nisa', we see that it points out to the creation of all human beings from one father and mother and to the fact that all of them are bound in one big bond of brotherhood which suggests that rights of human beings at large have to be guarded and fulfilled. Then came a detailed statement about orphans and women which was followed by the injunctions of inheritance stressing upon the fulfillment of the rights of other relations in addition to those of the orphans and women. Pursuant to this came the injunctions of marriage telling about women who can be lawfully married and about those with whom marriage is unlawful, because marriage is a transaction and contract which entitles someone to enter into a woman's life and property.</p><p>The present verses bid the protection of human life and property and forbid any uncalled for intrusion into that area - whether those human beings are men or women; related or unrelated, Muslim or non-Muslim with whom there is a no-war pact in force. (Tafsir al-Mazhari)</p><p>Commentary</p><p>While prohibiting to eat up the property of others the actual words used in the verse' are: أَمْوَالَكُم بَيْنَكُم which have been translated as each other's property' against the very literal, 'your property in between you'. There is a consensus of Commentators that these words certainly carry the sense that nobody should eat up the property of the other by false means. The sense of the expression also includes, as indicated by Abu Hayyan in Tafsir al-Bahr al-Muhit, that anybody should eat up his own property in that manner - for example, spend it on what is religiously sinful, or is straight extravagance. That too comes under the purview of this verse and is forbidden.</p><p>The word لَا تَأْكُلُوا in the verse literally means, 'do not eat'. But, in common usage, it means, 'do not usurp the property of another person by false means whatever they may be by eating or drinking or using. In common parlance, the unauthorized use of what is owned by someone else is indicated by the idiom, 'eating up', even though it may not be eatable. The word باطِلِ "ba-til" which has been translated as "false means" covers, in the view of Sayyidna ` Abdullah ibn Masud and the majority of blessed Companions, all other forms which are impermissible and are forbidden by the Shari'ah. Included thereunder are theft, robbery, usurpation, breach of trust, bribery, interest, gambling and all false transactions. (al-Bahr al-Muhit)</p><p>False Means as explained by the Qur'an and Hadith</p><p>As for the Holy Qur'an, it has used one word بِالْبَاطِلِ (by false means) to declare that all wealth and property acquired by false means is unlawful. After that, the Holy Prophet ﷺ ، was entrusted with the duty of providing details. It was he ﷺ who explained the details of every impermissible transaction.</p><p>From this we also find out that the many details of impermissible methods of buying and selling mentioned in the ahadith of the Holy Prophet ﷺ are really an elaboration of this Qur'anic injunction. Therefore, all those injunctions are, in a way, the very injunctions of the Qur'an. Whatever injunctions of Shari’ ah have appeared in the ahadith of the Holy Prophet ﷺ they all have a common feature - they all elucidate upon one or the other Qur'anic injunction. It makes no difference whether we do or do not know that this is an explanation of a certain verse.</p><p>Permissible Methods</p><p>The first part of verse 29 explained above declares that devouring the other person's property by false and disapproved methods is unlawful. Then, in order to exempt permissible methods from the ruling of unlawfulness, it was said in the second part of the same verse: إِلَّا أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ which means that the wealth and property of others which has been acquired through trade by mutual consent is not unlawful.</p><p>Although there are, besides trade, several other means and methods which are equally permissible - for example, borrowing, gift, charity, inheritance - but, generally the most recognized and commonly practiced form of one person's property passing into the possession-and control of someone else is no other than trade. Then, trade is generally understood to be a buying and selling activity. But, according to al-Tafsir al-Mazhari, dealings related with service, labour and tenancy are also included in trade, because in bai' بیع (sale) what is acquired is m al (property) for m al, while in ijara one gets m al for service and labour. Trade covers both.</p><p>The reason why trade alone, out of the permissible forms of acquiring wealth and property from others, has been singled out here in this verse is that trade and labour are the best means of earning livelihood out of a variety of those open to man. Sayyidna Rafi` ibn Khadij ؓ says that the Holy Prophet ﷺ when asked as to which mode of earning was the purest and thfemost lawful, said:</p><p>عمل الرجل بیدہ و کل بیع مبرور (مظھری و ترغیب و ترھیب)</p><p>"Man's work with his own hands, and all honest sale transactions (not false and fraudulent) (Al-Mundhiri, Al-Targhib, and Mazhari).</p><p>Sayyidna Abu Said al-Khudhri ؓ عنہ narrates that the Holy</p><p>Prophet ﷺ said:</p><p>التاجر الصدوق الامین کع النبیین والصدیقین والشھداء (ترمذی)</p><p>"The truthful and trustworthy trader shall be with the prophets and the truthful and the martyrs". (Tirmidhi)</p><p>And Sayyidna Anas ؓ narrates that the Holy Prophet ﷺ</p><p>said:</p><p>التاجر الصدوق تحت العرش یوم القیٰمہ ۔۔ رواہ الاصفھانی (ترغیب)</p><p>"The truthful trader shall be under the shade of the Throne on the Day of Doom." (reported by al-Isfahani al-Targhib)</p><p>Special Conditions of Clean Earning</p><p>According to a narration from Sayyidna Mu` adh ibn Jabal the Holy Prophet ﷺ said:</p><p>"The cleanest earning is the earning of the traders, on condition that, when they talk, they do not lie; and when they are asked to hold something in trust, they commit no breach of trust; and when they buy something from someone, they do not start finding faults in it; and when they sell their own stuff, they do not praise it (unrealistically); and when they have a debt to pay, they do not evade payment; and , when they have a debt to recover from someone, they do not harass him." (Isfahan, as quoted by Mazhari)</p><p>For this reason, it was said in another hadith:</p><p>ان التجار یبعثون یوم القیٰمہ فجارا الا من اتقی وبر وصدق (اخرجہ الحاکم رفاعۃ بن رافع)</p><p>"Traders will be raised on the Day of Doom as the sinners except him who fears Allah, acts righteously and says what is true." (al-Hakim, from Rifa` ah b. Rafi`)</p><p>Trade and Mutual Consent</p><p>The words "unless it be a trade with your mutual consent "in verse 29 lay down two conditions for the validity of a transaction through which the property of another person may lawfully be acquired. Firstly, it must be a transaction of trade which requires exchange of properties. Therefore, the transactions of gambling, speculation and usury or the transactions of sale where the commodity does not exist are forbidden and are not valid in Shari’ ah, because these transactions cannot be termed as trade, even though they are effected in the name of trade.</p><p>Secondly, the transaction must be effected with the mutual consent of the parties. Therefore, if there is trade, where the object of sale does exist, but the mutual consent of the parties is not there, even then, the sale is invalid and impermissible. Thus, these two forms are included under "eating up each other's property by false means". Muslim jurists call the first form, البع الباطل albai' al-batil', while the second form is given the name, البع الفاصد 'al-bai` al fasid'.</p><p>To explain the first condition, we can say that trade is the name of the exchange of one commodity with the other. Having commodity on one side and having no commodity against it is not trade. It is deception. The same holds good for interest: based transactions where the amount of interest is a return for the time allowed in a loan - and this 'time' is no 'commodity'. The same thing happens in speculation and gambling. Here, the commodity does exist on one side, but the existence of a commodity against it is doubtful. Similarly, there are transactions based on forward trading where the commodity does not exist but a deal is made for its sale/purchase. Here you have commodity on one side and nothing but a promise on the other. Therefore, this is just not trade. In fact, this is deception and a kind of fraud. Therefore, Muslim jurists have ruled it to be albai' al-batil', a void transaction of sale. The explanation as given here eliminates all impermissible forms of trading.</p><p>As for the second condition, it covers a situation where a property is being exchanged for another property. Both do exist, but the transaction of exchange did not take place with mutual consent. Although this is a trade, yet it is a wrong and invalid type of trade. Therefore, it has been called 'fasid' (invalid) and is not allowed.</p><p>The reality of the condition of mutual consent</p><p>However, there is a third kind in which there is commodity on both sides, and apparently the transaction has been effected with mutual consent, but the consent of one party has been obtained by compulsion and not by his free will. Therefore, this third kind is also included in the second one. For example, a person or company collects articles of daily use from all over the market, builds up a stock, raises prices on the higher side and starts selling. Since this is not available elsewhere in the market, the customer has no choice but to buy it from him at whatever price he may be selling it. In this situation, though the customer himself walks into the store and, obviously, buys it with his consent, but this 'consent' is an outcome of compulsion and therefore, it is null and void.</p><p>Similarly, if a husband makes the conditions of living with his wife so thorny that she is compelled to forgo 'her due dower, then, this expression of 'consent' made by her while abandoning her right to receive the dower, is not considered as consent in the real sense of the term.</p><p>Or, take the example of a person who discovers that he is not going to get his valid job done without offering a bribe, and he becomes ready to offer a bribe, then, this willingness and consent is not of his own free will. Therefore, it is legally null and void.</p><p>Thus, it becomes very clear that the restriction in أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ (unless it be trade with your mutual consent) justifies only those forms of buying, selling and trading the justification of which stands proved on the authority of the ahadith of the Holy Prophet ﷺ . Muslim jurists have simply codified them. So, all forms of buying, selling and trading prohibited and impermissible in the Shari’ ah of Islam stand excluded from the approved core. To sum up, this one word of the Holy Qur'an provides the key to the wonderful treasure of Muslim jurisprudence on the subject of al-buyu and al-ijara.</p><p>The third sentence of the first verse (29) says: وَلَا تَقْتُلُوا أَنفُسَكُمْ which has been literally translated here as 'and do not kill yourselves.' According to the consensus of commentators, this includes, suicide; as well as, killing each other unjustly. The first sentence of the verse described the property rights of human beings at large and stressed that they be guarded. The present sentence, the third one we have before us right now, covers their right of life. Property has been mentioned in this verse earlier than 'life', probably because injustice and negligence are very common in matters relating to property rights. No doubt, unjust killing is far more grave, yet customarily its frequency is lower. Hence, it comes later.</p><p>Verse 29 closes with the statement: إِنَّ اللَّـهَ كَانَ بِكُمْ رَ‌حِيمًا ، which means that the injunctions given in this verse -- 'do not eat up each other's property by false means' or 'do not kill anyone unjustly' -- are injunctions that come to you as Divine Mercy, so that you can take your guard against falling into these misdeeds and thereby become liable to punishment in the life to come, and also that you may stay safe from punishments which could afflict you right here in the present life.</p>
SequenceLooking back from the beginning of Surah Al-Nisa', we see that it points out to the creation of all human beings from one father and mother and to the fact that all of them are bound in one big bond of brotherhood which suggests that rights of human beings at large have to be guarded and fulfilled. Then came a detailed statement about orphans and women which was followed by the injunctions of inheritance stressing upon the fulfillment of the rights of other relations in addition to those of the orphans and women. Pursuant to this came the injunctions of marriage telling about women who can be lawfully married and about those with whom marriage is unlawful, because marriage is a transaction and contract which entitles someone to enter into a woman's life and property.The present verses bid the protection of human life and property and forbid any uncalled for intrusion into that area - whether those human beings are men or women; related or unrelated, Muslim or non-Muslim with whom there is a no-war pact in force. (Tafsir al-Mazhari)CommentaryWhile prohibiting to eat up the property of others the actual words used in the verse' are: أَمْوَالَكُم بَيْنَكُم which have been translated as each other's property' against the very literal, 'your property in between you'. There is a consensus of Commentators that these words certainly carry the sense that nobody should eat up the property of the other by false means. The sense of the expression also includes, as indicated by Abu Hayyan in Tafsir al-Bahr al-Muhit, that anybody should eat up his own property in that manner - for example, spend it on what is religiously sinful, or is straight extravagance. That too comes under the purview of this verse and is forbidden.The word لَا تَأْكُلُوا in the verse literally means, 'do not eat'. But, in common usage, it means, 'do not usurp the property of another person by false means whatever they may be by eating or drinking or using. In common parlance, the unauthorized use of what is owned by someone else is indicated by the idiom, 'eating up', even though it may not be eatable. The word باطِلِ "ba-til" which has been translated as "false means" covers, in the view of Sayyidna ` Abdullah ibn Masud and the majority of blessed Companions, all other forms which are impermissible and are forbidden by the Shari'ah. Included thereunder are theft, robbery, usurpation, breach of trust, bribery, interest, gambling and all false transactions. (al-Bahr al-Muhit)False Means as explained by the Qur'an and HadithAs for the Holy Qur'an, it has used one word بِالْبَاطِلِ (by false means) to declare that all wealth and property acquired by false means is unlawful. After that, the Holy Prophet ﷺ ، was entrusted with the duty of providing details. It was he ﷺ who explained the details of every impermissible transaction.From this we also find out that the many details of impermissible methods of buying and selling mentioned in the ahadith of the Holy Prophet ﷺ are really an elaboration of this Qur'anic injunction. Therefore, all those injunctions are, in a way, the very injunctions of the Qur'an. Whatever injunctions of Shari’ ah have appeared in the ahadith of the Holy Prophet ﷺ they all have a common feature - they all elucidate upon one or the other Qur'anic injunction. It makes no difference whether we do or do not know that this is an explanation of a certain verse.Permissible MethodsThe first part of verse 29 explained above declares that devouring the other person's property by false and disapproved methods is unlawful. Then, in order to exempt permissible methods from the ruling of unlawfulness, it was said in the second part of the same verse: إِلَّا أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ which means that the wealth and property of others which has been acquired through trade by mutual consent is not unlawful.Although there are, besides trade, several other means and methods which are equally permissible - for example, borrowing, gift, charity, inheritance - but, generally the most recognized and commonly practiced form of one person's property passing into the possession-and control of someone else is no other than trade. Then, trade is generally understood to be a buying and selling activity. But, according to al-Tafsir al-Mazhari, dealings related with service, labour and tenancy are also included in trade, because in bai' بیع (sale) what is acquired is m al (property) for m al, while in ijara one gets m al for service and labour. Trade covers both.The reason why trade alone, out of the permissible forms of acquiring wealth and property from others, has been singled out here in this verse is that trade and labour are the best means of earning livelihood out of a variety of those open to man. Sayyidna Rafi` ibn Khadij ؓ says that the Holy Prophet ﷺ when asked as to which mode of earning was the purest and thfemost lawful, said:عمل الرجل بیدہ و کل بیع مبرور (مظھری و ترغیب و ترھیب)"Man's work with his own hands, and all honest sale transactions (not false and fraudulent) (Al-Mundhiri, Al-Targhib, and Mazhari).Sayyidna Abu Said al-Khudhri ؓ عنہ narrates that the HolyProphet ﷺ said:التاجر الصدوق الامین کع النبیین والصدیقین والشھداء (ترمذی)"The truthful and trustworthy trader shall be with the prophets and the truthful and the martyrs". (Tirmidhi)And Sayyidna Anas ؓ narrates that the Holy Prophet ﷺsaid:التاجر الصدوق تحت العرش یوم القیٰمہ ۔۔ رواہ الاصفھانی (ترغیب)"The truthful trader shall be under the shade of the Throne on the Day of Doom." (reported by al-Isfahani al-Targhib)Special Conditions of Clean EarningAccording to a narration from Sayyidna Mu` adh ibn Jabal the Holy Prophet ﷺ said:"The cleanest earning is the earning of the traders, on condition that, when they talk, they do not lie; and when they are asked to hold something in trust, they commit no breach of trust; and when they buy something from someone, they do not start finding faults in it; and when they sell their own stuff, they do not praise it (unrealistically); and when they have a debt to pay, they do not evade payment; and , when they have a debt to recover from someone, they do not harass him." (Isfahan, as quoted by Mazhari)For this reason, it was said in another hadith:ان التجار یبعثون یوم القیٰمہ فجارا الا من اتقی وبر وصدق (اخرجہ الحاکم رفاعۃ بن رافع)"Traders will be raised on the Day of Doom as the sinners except him who fears Allah, acts righteously and says what is true." (al-Hakim, from Rifa` ah b. Rafi`)Trade and Mutual ConsentThe words "unless it be a trade with your mutual consent "in verse 29 lay down two conditions for the validity of a transaction through which the property of another person may lawfully be acquired. Firstly, it must be a transaction of trade which requires exchange of properties. Therefore, the transactions of gambling, speculation and usury or the transactions of sale where the commodity does not exist are forbidden and are not valid in Shari’ ah, because these transactions cannot be termed as trade, even though they are effected in the name of trade.Secondly, the transaction must be effected with the mutual consent of the parties. Therefore, if there is trade, where the object of sale does exist, but the mutual consent of the parties is not there, even then, the sale is invalid and impermissible. Thus, these two forms are included under "eating up each other's property by false means". Muslim jurists call the first form, البع الباطل albai' al-batil', while the second form is given the name, البع الفاصد 'al-bai` al fasid'.To explain the first condition, we can say that trade is the name of the exchange of one commodity with the other. Having commodity on one side and having no commodity against it is not trade. It is deception. The same holds good for interest: based transactions where the amount of interest is a return for the time allowed in a loan - and this 'time' is no 'commodity'. The same thing happens in speculation and gambling. Here, the commodity does exist on one side, but the existence of a commodity against it is doubtful. Similarly, there are transactions based on forward trading where the commodity does not exist but a deal is made for its sale/purchase. Here you have commodity on one side and nothing but a promise on the other. Therefore, this is just not trade. In fact, this is deception and a kind of fraud. Therefore, Muslim jurists have ruled it to be albai' al-batil', a void transaction of sale. The explanation as given here eliminates all impermissible forms of trading.As for the second condition, it covers a situation where a property is being exchanged for another property. Both do exist, but the transaction of exchange did not take place with mutual consent. Although this is a trade, yet it is a wrong and invalid type of trade. Therefore, it has been called 'fasid' (invalid) and is not allowed.The reality of the condition of mutual consentHowever, there is a third kind in which there is commodity on both sides, and apparently the transaction has been effected with mutual consent, but the consent of one party has been obtained by compulsion and not by his free will. Therefore, this third kind is also included in the second one. For example, a person or company collects articles of daily use from all over the market, builds up a stock, raises prices on the higher side and starts selling. Since this is not available elsewhere in the market, the customer has no choice but to buy it from him at whatever price he may be selling it. In this situation, though the customer himself walks into the store and, obviously, buys it with his consent, but this 'consent' is an outcome of compulsion and therefore, it is null and void.Similarly, if a husband makes the conditions of living with his wife so thorny that she is compelled to forgo 'her due dower, then, this expression of 'consent' made by her while abandoning her right to receive the dower, is not considered as consent in the real sense of the term.Or, take the example of a person who discovers that he is not going to get his valid job done without offering a bribe, and he becomes ready to offer a bribe, then, this willingness and consent is not of his own free will. Therefore, it is legally null and void.Thus, it becomes very clear that the restriction in أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ (unless it be trade with your mutual consent) justifies only those forms of buying, selling and trading the justification of which stands proved on the authority of the ahadith of the Holy Prophet ﷺ . Muslim jurists have simply codified them. So, all forms of buying, selling and trading prohibited and impermissible in the Shari’ ah of Islam stand excluded from the approved core. To sum up, this one word of the Holy Qur'an provides the key to the wonderful treasure of Muslim jurisprudence on the subject of al-buyu and al-ijara.The third sentence of the first verse (29) says: وَلَا تَقْتُلُوا أَنفُسَكُمْ which has been literally translated here as 'and do not kill yourselves.' According to the consensus of commentators, this includes, suicide; as well as, killing each other unjustly. The first sentence of the verse described the property rights of human beings at large and stressed that they be guarded. The present sentence, the third one we have before us right now, covers their right of life. Property has been mentioned in this verse earlier than 'life', probably because injustice and negligence are very common in matters relating to property rights. No doubt, unjust killing is far more grave, yet customarily its frequency is lower. Hence, it comes later.Verse 29 closes with the statement: إِنَّ اللَّـهَ كَانَ بِكُمْ رَ‌حِيمًا ، which means that the injunctions given in this verse -- 'do not eat up each other's property by false means' or 'do not kill anyone unjustly' -- are injunctions that come to you as Divine Mercy, so that you can take your guard against falling into these misdeeds and thereby become liable to punishment in the life to come, and also that you may stay safe from punishments which could afflict you right here in the present life.
29
4
وَمَن يَفْعَلْ ذَٰلِكَ عُدْوَٰنًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارًا وَكَانَ ذَٰلِكَ عَلَى ٱللَّهِ يَسِيرًا
<p>After that, the next verse (30) says: وَمَن يَفْعَلْ ذَٰلِكَ عُدْوَانًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارً‌ا . It means: If, despite the instructions of the Holy Qur'an, anyone acts otherwise, and knowingly, aggressively and unjustly, takes what belongs to someone else, or kills anyone unjustly, Allah will cast him into Fire. Here, the restriction of 'aggression' and 'injustice' shows that, should this happen out of forgetfulness or mistake, it is not included in this warning.</p>
After that, the next verse (30) says: وَمَن يَفْعَلْ ذَٰلِكَ عُدْوَانًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارً‌ا . It means: If, despite the instructions of the Holy Qur'an, anyone acts otherwise, and knowingly, aggressively and unjustly, takes what belongs to someone else, or kills anyone unjustly, Allah will cast him into Fire. Here, the restriction of 'aggression' and 'injustice' shows that, should this happen out of forgetfulness or mistake, it is not included in this warning.
30
4
إِن تَجْتَنِبُوا۟ كَبَآئِرَ مَا تُنْهَوْنَ عَنْهُ نُكَفِّرْ عَنكُمْ سَيِّـَٔاتِكُمْ وَنُدْخِلْكُم مُّدْخَلًا كَرِيمًا
<p>Righteous Deeds: Kaffarah کَفَارَہ of Minor Sins</p><p>Kaffarah is what makes amends, expiation. So the meaning is that righteous deeds will be taken as Kaffarah for minor sins which will thus be written off, resulting in reward instead of punishment and Paradise instead of Hell. This is in accordance with authentic ahadith where it has been stated that when a person makes wudu for salah, the act of washing each part of his body becomes the Kaffarah for sins; the washing of the face becomes the Kaffarah for sins committed by the eye, the ear, the nose; gargling becomes the Kaffarah for the sins of the tongue; washing feet a washes way the sins of the feet - and when he walks towards the masjid, every step he takes brings with it the Kaffarah of sins.</p><p>Major Sins are forgiven by Taubah تَوبَہ alone</p><p>From the verse, we find that the expiation of sins through righteous deeds such as wudu, salah and the rest, which appear in ahadith, concerns minor sins. As for major sins, they are not forgiven without Taubah (Repentance); and for minor sins, the condition is that one should have made the effort to stay away and remain safe from major sins. This leaves us with a note of warning - if someone, while staying involved in major sins, goes on performing his wudu' and salah, then this wudu' and salah and other righteous deeds will not at all expiate for even his minor sins, let alone the major ones. It is a warning that when a person appears on the fateful Day of Resurrection, carrying the heavy burden of his major and minor sins, he will find no helping hand to make his burden any lighter.</p><p>It will be recalled that some major sins were mentioned in the previous verses alongwith the warning of severe punishment for those who commit them. It is a peculiar style of the Holy Qur'an that when it warns of punishment against a sin, it is generally followed by some aspect of persuasion towards obedience.</p><p>In the present verse too, a particular Divine reward has been mentioned and people have been persuaded to acquire it by staying away from major sins, in which case, Allah Almighty will forgive their minor sins on His own. Thus, cleansed of all sins, major and minor, one could look forward to entering the home of honour and peace, the garden of Paradise.</p><p>The two kinds of sins</p><p>This verse tells us that there are two kinds of sins. Some of them are kabirah, that is, major sins; others are saghirah صغیرہ ، (termed as Saiyyat, in this verse) that is, minor sins. He, who musters enough courage and succeeds in staying away from major sins, has been given a promise by Allah Almighty that He will forgive his minor sins on His own.</p><p>Now, the act of staying away from major sins also includes the act of fulfilling all obligations (fard and wajib) because neglecting or abandoning obligations is a major sin in itself. Thus, we come to the conclusion that if one dutifully fulfills all obligations and succeeds in saving himself from all major sins, Allah Almighty will overlook his minor sins.</p><p>Defining Major and Minor Sins</p><p>The word, "Kaba'ir" used in the verse is the plural of 'kabirah' meaning 'major sins.' Before we proceed further, we should understand the nature and identification of 'major sins'. Also, we should know the definition of minor sins, and their number. Being an impor-tant subject, scholars of the Muslim community have devoted regular books to throw light on this subject from various angles.</p><p>Let us, first of all, realize that sin, in the absolute sense, is the name of an act which is against the command and the will of Allah Almighty. Starting from this particular point, you will be able to see that the sin known as 'saghirah' or, technically, a minor sin, is, in fact, no minor sin for that matter. To disobey Allah Almighty and to oppose His will is, invariably, a grave crime. Therefore, based on this view, a large number of scholars of the Muslim community have ruled that every disobedience of Allah and every opposition to His will is nothing but 'kabirah' or major sin. The distinction between 'kabirah' and 'saghirah', major and minor sins, is made only when these are compared to each other. It is in this sense that the blessed Companion, Sayyidna ` Abdullah Ibn ` Abbas ؓ has been reported to have said: کُل ما نھی عنہ فھو کبیر which means that 'Any act forbidden by the Shari’ ah is a major sin.</p><p>In short, a sin which is technically known as minor does not mean that people should go about indulging in it neglectfully, indolently or just ignore it as something ordinary. On the contrary, the fact is that a minor sin, if done with nerve or heedlessness, does not remain minor anymore - it becomes a major sin. A good example of a major and a minor sin, as given by some sage, is that of a small scorpion and a big scorpion, or that of a large ember and a tiny spark, for man cannot bear the pain given by any of these. Therefore, Muhammad ibn Ka'b al-Qurazi said that the greatest act of worship offered for Allah is to give up sins. The ` ibadah or worship by people, who offer prayers and remember Allah, yet do not give up sins, is not accepted. The famous mystic, Fudayl ibn 'Ayad said: 'The lighter you take a sin to be, the greater it will become with Allah as a crime.' The most righteous elders of the Muslim community used to say: Every sin is a courier of kufr which invites people to manners and morals typical of disbelievers.</p><p>According to the Musnad of Ahmad, Sayyidna ` A'ishah ؓ wrote a letter to Sayyidna Mu` awiyah ؓ which she said that a servant of Allah who disobeys Allah Almighty finds his fans become fault-finders, and friends turn into enemies. Heedlessness towards sins is the cause of man's permanent ruination. It appears in an authentic hadith that the Holy Prophet ﷺ said: When a true believer falls in sin, a black dot appears on his heart. If, after that, he repents and seeks forgiveness from Allah, this dot disappears. If he does not repent, this dot keeps on increasing, so much so that it covers his whole heart. In the Qur'an, the name given to this dot is 'rayn', as in كَلَّا ۖ بَلْ ۜ رَ‌انَ عَلَىٰ قُلُوبِهِم مَّا كَانُوا يَكْسِبُونَ that is, their evil deeds have rusted their hearts - 83:14.</p><p>However, it is necessary that there be a method to distinguish between sins in terms of corruption they cause, evil results they bring and harmful outcome they produce. Thus, it is because of this need to differentiate that a certain sin is called 'major' and a certain other 'minor'.</p><p>Major Sins</p><p>The definition of 'kaba'ir', as indicated in the Qur'an and Hadith and as explained by the most revered elders, is that a sin on which a Hadd or punishment has been prescribed in the Qur'an and/or Sunnah to be enforced in this present life or on which words of curse or la'nah have appeared, or on which stern warning of Hell has been mentioned, are all major sins. Similarly, every sin the evil outcome of which is equal to or more than a major sin shall be counted as a major sin. Also, a sin done with a rebellious attitude or done as a permanent habit is also included in the major sins.</p><p>Someone said before Sayyidna Ibn ` Abbas ؓ that the number of major sins was seven. He said: 'Not seven. Say seven hundred, which is better.' In his book Al-Zawajir, Imam Ibn Hajr al-Makki (رح) has given a list of all such sins with their full explanations, sins which are included under kaba` ir in accordance with the definition given above. The number of major sins listed in his book reaches upto four hundred and sixty seven. The truth of the matter is that some scholars have considered it sufficient to count prominent major sins only and thus the number they have come up with is lower. Others who went in details and dealt with all divisions and subdivisions of the subject came up with a higher number. Therefore, this is not much of a contradiction. The Holy Prophet ﷺ has himself pointed to many sins as being major. Then, as appropriate under given circumstances, he has also named them in threes and sixes and sevens or even more elsewhere. From this, the scholars of the Muslim community came to the conclusion that the purpose is not to determine any particular number as a universal statement. Rather, each number mentioned in a hadith relates to particular occasions or circumstances where that particular number was deemed appropriate in the given situation.</p><p>In a hadith of al-Bukhari and Muslim, the Holy Prophet ﷺ has been reported to have said: I warn you against the top ones from among the major sins. They are three in number - to associate a created being as a partner in the divinity of Allah, to disobey parents and to give false witness or to lie. In yet another narration of al-Bukhari and Muslim, it has been reported that someone asked the Holy Prophet ﷺ as to what could be the greatest of all sins. He said: 'That you ascribe partners to Allah although He has created you.' He was then asked as to the greatest of all sins after that. He said: 'That you kill your child for fear of his sharing in your sustenance and that you will have to feed him.' He was again asked as to the greatest of all sins after that. He said: 'Committing adultery with the wife of your neighbour.' Since the protection of the family of a neighbour is the responsibility of all human beings very much like the protection of one's own family, therefore, the gravity of this crime becomes twofold.</p><p>According to yet another hadith reported by al-Bukhari and Muslim, the Holy Prophet ﷺ said: 'That someone uses abusive language for his parents is also one of the major sins.' Surprised, the noble Companions who asked: '0 Messenger of Allah, how is it possible that someone starts using abusive language against his very own parents?' He said: 'Yes. A person abuses the parents of another person as a result of which the later abuses the parents of the former. This too is as if he had abused his own parents, because he was the one who became the cause of those abuses.'</p><p>As in a narration of Sahib a1-Bukhari, the Holy Prophet ﷺ has counted - shirk (ascribing partners to Allah), unjust killing, eating up of the property of an orphan by false means, devouring income from interest, deserting the battlefield of jihad, false accusation against chaste women, disobedience to parents and the desecration of the Holy Ka'bah - among major sins. In some hadith narrations, the eventuality - that a person winds up living in a country of disbelievers (dar al-kufr) and emigrates to a country of believers (dar al-Islam), but later, leaves the country to which he has migrated and goes back to live into the country of disbelievers - has also been ruled as a major sin.</p><p>There are other narrations of ahadith where some of the forms of behaviour cited below have been included in the list of major sins, such as, taking a false oath, holding back water in excess of one's need and refusing to share it with those who need it, to learn magic, and to practice magic. The Holy Prophet ﷺ has said, 'Drinking is the greatest of major sins'; he also said: 'Drinking is the mother of all shameful deeds,' because once drunk, man can fall into any conceivable evil. There is another hadith where he said: 'The gravest major sin is that one imputes to his Muslim brother a fault which stains his character.' According to one hadith, one who brackets two salahs (time-bound prescribed prayers) at one time without an excuse approved by the Shari’ ah has committed a major sin. It means that he did not perform a salah at the time it was due, but performed it as qada (missed) prayer along with another salah. Some ahadith narrations declare that losing hope in the mercy of Allah Almighty is also a major sin; and so it will be in the event if one becomes careless or daring enough to forget all about His punishment and retribution. Another narration rules that making a will to bring loss to an inheritor or to reduce his share in the inheritance is also one of the major sins.</p><p>And it appears in a narration from the Sahib of Muslim that the Holy Prophet once spoke the words: 'Destitutes, losers, they are ruined.' He repeated this three times. Sayyidna Abu Dharr al Ghifari ؓ asked: '0 Messenger of Allah, who are these unfortunate people?' He replied: 'One: a person who lets his trouser or wrap or shirt or robe hang all the way down below his ankles; two: one who spends something in the way of Allah, then publicizes his favour; three: one who, inspite of his old age, indulges in shameful deeds; four: one who, despite holding a position of authority, tells lies; five: one who, despite having a family, waxes proud; six: one who gives his hand of allegiance in the hands of a worthy Imam or master just for the sake of material gains.</p><p>Concluding in the same vein, we refer to another hadith from al-Bukhari and Muslim which proclaims that the back-biter will not be admitted into the Paradise. And a hadith in Nasa` i and the Misnad of Ahmad enlarges on the theme by saying that some kinds of people will not be admitted into the Paradise, that is, the drinker, the disobeyer of parents, the unjustified severer of relations with kinsmen, the publicizer of a favour, the diviner of the unseen through jinns, satans and other mediums and the dayyuth (دَیُّوث), a wittol or cuckold who is so contented with his shamelessness that he never stops his wife and family members from going the way of immodesty. And a hadith from the Sahih of Muslim says that la'nah or the curse of Allah is for one who sacrifices an animal for anyone other than Allah.</p>
Righteous Deeds: Kaffarah کَفَارَہ of Minor SinsKaffarah is what makes amends, expiation. So the meaning is that righteous deeds will be taken as Kaffarah for minor sins which will thus be written off, resulting in reward instead of punishment and Paradise instead of Hell. This is in accordance with authentic ahadith where it has been stated that when a person makes wudu for salah, the act of washing each part of his body becomes the Kaffarah for sins; the washing of the face becomes the Kaffarah for sins committed by the eye, the ear, the nose; gargling becomes the Kaffarah for the sins of the tongue; washing feet a washes way the sins of the feet - and when he walks towards the masjid, every step he takes brings with it the Kaffarah of sins.Major Sins are forgiven by Taubah تَوبَہ aloneFrom the verse, we find that the expiation of sins through righteous deeds such as wudu, salah and the rest, which appear in ahadith, concerns minor sins. As for major sins, they are not forgiven without Taubah (Repentance); and for minor sins, the condition is that one should have made the effort to stay away and remain safe from major sins. This leaves us with a note of warning - if someone, while staying involved in major sins, goes on performing his wudu' and salah, then this wudu' and salah and other righteous deeds will not at all expiate for even his minor sins, let alone the major ones. It is a warning that when a person appears on the fateful Day of Resurrection, carrying the heavy burden of his major and minor sins, he will find no helping hand to make his burden any lighter.It will be recalled that some major sins were mentioned in the previous verses alongwith the warning of severe punishment for those who commit them. It is a peculiar style of the Holy Qur'an that when it warns of punishment against a sin, it is generally followed by some aspect of persuasion towards obedience.In the present verse too, a particular Divine reward has been mentioned and people have been persuaded to acquire it by staying away from major sins, in which case, Allah Almighty will forgive their minor sins on His own. Thus, cleansed of all sins, major and minor, one could look forward to entering the home of honour and peace, the garden of Paradise.The two kinds of sinsThis verse tells us that there are two kinds of sins. Some of them are kabirah, that is, major sins; others are saghirah صغیرہ ، (termed as Saiyyat, in this verse) that is, minor sins. He, who musters enough courage and succeeds in staying away from major sins, has been given a promise by Allah Almighty that He will forgive his minor sins on His own.Now, the act of staying away from major sins also includes the act of fulfilling all obligations (fard and wajib) because neglecting or abandoning obligations is a major sin in itself. Thus, we come to the conclusion that if one dutifully fulfills all obligations and succeeds in saving himself from all major sins, Allah Almighty will overlook his minor sins.Defining Major and Minor SinsThe word, "Kaba'ir" used in the verse is the plural of 'kabirah' meaning 'major sins.' Before we proceed further, we should understand the nature and identification of 'major sins'. Also, we should know the definition of minor sins, and their number. Being an impor-tant subject, scholars of the Muslim community have devoted regular books to throw light on this subject from various angles.Let us, first of all, realize that sin, in the absolute sense, is the name of an act which is against the command and the will of Allah Almighty. Starting from this particular point, you will be able to see that the sin known as 'saghirah' or, technically, a minor sin, is, in fact, no minor sin for that matter. To disobey Allah Almighty and to oppose His will is, invariably, a grave crime. Therefore, based on this view, a large number of scholars of the Muslim community have ruled that every disobedience of Allah and every opposition to His will is nothing but 'kabirah' or major sin. The distinction between 'kabirah' and 'saghirah', major and minor sins, is made only when these are compared to each other. It is in this sense that the blessed Companion, Sayyidna ` Abdullah Ibn ` Abbas ؓ has been reported to have said: کُل ما نھی عنہ فھو کبیر which means that 'Any act forbidden by the Shari’ ah is a major sin.In short, a sin which is technically known as minor does not mean that people should go about indulging in it neglectfully, indolently or just ignore it as something ordinary. On the contrary, the fact is that a minor sin, if done with nerve or heedlessness, does not remain minor anymore - it becomes a major sin. A good example of a major and a minor sin, as given by some sage, is that of a small scorpion and a big scorpion, or that of a large ember and a tiny spark, for man cannot bear the pain given by any of these. Therefore, Muhammad ibn Ka'b al-Qurazi said that the greatest act of worship offered for Allah is to give up sins. The ` ibadah or worship by people, who offer prayers and remember Allah, yet do not give up sins, is not accepted. The famous mystic, Fudayl ibn 'Ayad said: 'The lighter you take a sin to be, the greater it will become with Allah as a crime.' The most righteous elders of the Muslim community used to say: Every sin is a courier of kufr which invites people to manners and morals typical of disbelievers.According to the Musnad of Ahmad, Sayyidna ` A'ishah ؓ wrote a letter to Sayyidna Mu` awiyah ؓ which she said that a servant of Allah who disobeys Allah Almighty finds his fans become fault-finders, and friends turn into enemies. Heedlessness towards sins is the cause of man's permanent ruination. It appears in an authentic hadith that the Holy Prophet ﷺ said: When a true believer falls in sin, a black dot appears on his heart. If, after that, he repents and seeks forgiveness from Allah, this dot disappears. If he does not repent, this dot keeps on increasing, so much so that it covers his whole heart. In the Qur'an, the name given to this dot is 'rayn', as in كَلَّا ۖ بَلْ ۜ رَ‌انَ عَلَىٰ قُلُوبِهِم مَّا كَانُوا يَكْسِبُونَ that is, their evil deeds have rusted their hearts - 83:14.However, it is necessary that there be a method to distinguish between sins in terms of corruption they cause, evil results they bring and harmful outcome they produce. Thus, it is because of this need to differentiate that a certain sin is called 'major' and a certain other 'minor'.Major SinsThe definition of 'kaba'ir', as indicated in the Qur'an and Hadith and as explained by the most revered elders, is that a sin on which a Hadd or punishment has been prescribed in the Qur'an and/or Sunnah to be enforced in this present life or on which words of curse or la'nah have appeared, or on which stern warning of Hell has been mentioned, are all major sins. Similarly, every sin the evil outcome of which is equal to or more than a major sin shall be counted as a major sin. Also, a sin done with a rebellious attitude or done as a permanent habit is also included in the major sins.Someone said before Sayyidna Ibn ` Abbas ؓ that the number of major sins was seven. He said: 'Not seven. Say seven hundred, which is better.' In his book Al-Zawajir, Imam Ibn Hajr al-Makki (رح) has given a list of all such sins with their full explanations, sins which are included under kaba` ir in accordance with the definition given above. The number of major sins listed in his book reaches upto four hundred and sixty seven. The truth of the matter is that some scholars have considered it sufficient to count prominent major sins only and thus the number they have come up with is lower. Others who went in details and dealt with all divisions and subdivisions of the subject came up with a higher number. Therefore, this is not much of a contradiction. The Holy Prophet ﷺ has himself pointed to many sins as being major. Then, as appropriate under given circumstances, he has also named them in threes and sixes and sevens or even more elsewhere. From this, the scholars of the Muslim community came to the conclusion that the purpose is not to determine any particular number as a universal statement. Rather, each number mentioned in a hadith relates to particular occasions or circumstances where that particular number was deemed appropriate in the given situation.In a hadith of al-Bukhari and Muslim, the Holy Prophet ﷺ has been reported to have said: I warn you against the top ones from among the major sins. They are three in number - to associate a created being as a partner in the divinity of Allah, to disobey parents and to give false witness or to lie. In yet another narration of al-Bukhari and Muslim, it has been reported that someone asked the Holy Prophet ﷺ as to what could be the greatest of all sins. He said: 'That you ascribe partners to Allah although He has created you.' He was then asked as to the greatest of all sins after that. He said: 'That you kill your child for fear of his sharing in your sustenance and that you will have to feed him.' He was again asked as to the greatest of all sins after that. He said: 'Committing adultery with the wife of your neighbour.' Since the protection of the family of a neighbour is the responsibility of all human beings very much like the protection of one's own family, therefore, the gravity of this crime becomes twofold.According to yet another hadith reported by al-Bukhari and Muslim, the Holy Prophet ﷺ said: 'That someone uses abusive language for his parents is also one of the major sins.' Surprised, the noble Companions who asked: '0 Messenger of Allah, how is it possible that someone starts using abusive language against his very own parents?' He said: 'Yes. A person abuses the parents of another person as a result of which the later abuses the parents of the former. This too is as if he had abused his own parents, because he was the one who became the cause of those abuses.'As in a narration of Sahib a1-Bukhari, the Holy Prophet ﷺ has counted - shirk (ascribing partners to Allah), unjust killing, eating up of the property of an orphan by false means, devouring income from interest, deserting the battlefield of jihad, false accusation against chaste women, disobedience to parents and the desecration of the Holy Ka'bah - among major sins. In some hadith narrations, the eventuality - that a person winds up living in a country of disbelievers (dar al-kufr) and emigrates to a country of believers (dar al-Islam), but later, leaves the country to which he has migrated and goes back to live into the country of disbelievers - has also been ruled as a major sin.There are other narrations of ahadith where some of the forms of behaviour cited below have been included in the list of major sins, such as, taking a false oath, holding back water in excess of one's need and refusing to share it with those who need it, to learn magic, and to practice magic. The Holy Prophet ﷺ has said, 'Drinking is the greatest of major sins'; he also said: 'Drinking is the mother of all shameful deeds,' because once drunk, man can fall into any conceivable evil. There is another hadith where he said: 'The gravest major sin is that one imputes to his Muslim brother a fault which stains his character.' According to one hadith, one who brackets two salahs (time-bound prescribed prayers) at one time without an excuse approved by the Shari’ ah has committed a major sin. It means that he did not perform a salah at the time it was due, but performed it as qada (missed) prayer along with another salah. Some ahadith narrations declare that losing hope in the mercy of Allah Almighty is also a major sin; and so it will be in the event if one becomes careless or daring enough to forget all about His punishment and retribution. Another narration rules that making a will to bring loss to an inheritor or to reduce his share in the inheritance is also one of the major sins.And it appears in a narration from the Sahib of Muslim that the Holy Prophet once spoke the words: 'Destitutes, losers, they are ruined.' He repeated this three times. Sayyidna Abu Dharr al Ghifari ؓ asked: '0 Messenger of Allah, who are these unfortunate people?' He replied: 'One: a person who lets his trouser or wrap or shirt or robe hang all the way down below his ankles; two: one who spends something in the way of Allah, then publicizes his favour; three: one who, inspite of his old age, indulges in shameful deeds; four: one who, despite holding a position of authority, tells lies; five: one who, despite having a family, waxes proud; six: one who gives his hand of allegiance in the hands of a worthy Imam or master just for the sake of material gains.Concluding in the same vein, we refer to another hadith from al-Bukhari and Muslim which proclaims that the back-biter will not be admitted into the Paradise. And a hadith in Nasa` i and the Misnad of Ahmad enlarges on the theme by saying that some kinds of people will not be admitted into the Paradise, that is, the drinker, the disobeyer of parents, the unjustified severer of relations with kinsmen, the publicizer of a favour, the diviner of the unseen through jinns, satans and other mediums and the dayyuth (دَیُّوث), a wittol or cuckold who is so contented with his shamelessness that he never stops his wife and family members from going the way of immodesty. And a hadith from the Sahih of Muslim says that la'nah or the curse of Allah is for one who sacrifices an animal for anyone other than Allah.
31
4
وَلَا تَتَمَنَّوْا۟ مَا فَضَّلَ ٱللَّهُ بِهِۦ بَعْضَكُمْ عَلَىٰ بَعْضٍ لِّلرِّجَالِ نَصِيبٌ مِّمَّا ٱكْتَسَبُوا۟ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا ٱكْتَسَبْنَ وَسْـَٔلُوا۟ ٱللَّهَ مِن فَضْلِهِۦٓ إِنَّ ٱللَّهَ كَانَ بِكُلِّ شَىْءٍ عَلِيمًا
<p>In the injunctions of inheritance appearing previously, it was mentioned that, given the conditions, for a male there is a share equal to that of two females. There are other proved aspects of male precedence as well. So, Sayyidah Umm Salmah رضی اللہ تعالیٰ عنہا once said to the Holy Prophet ﷺ Our share in the inheritance is half. Then, there are such and such elements of difference between us and men...'</p><p>Her purpose was not to raise an objection. Rather, she wished to be a man and to deserve the merits restricted for men. There were other women who wished: Had we been men, we would have taken part in Jihad and the merit of Jihad would have been ours.'</p><p>A woman asked the Holy Prophet ﷺ 'A man gets a double share in the inheritance and the witness of a woman is half as compared with a man - does that mean that we shall be getting a half reward for all of our acts of worship?' Thereupon, the present verse was revealed in which an answer to both these statements has been given. The answer to Sayyidah Umm Salmah ؓ was given by 'and do not covet...' and the answer to the last-mentioned woman was given by 'for men there is a share...'</p><p>Coveting the Unacquirable</p><p>In this verse (32), coveting things, traits and merits given to others has been prohibited, for they are not acquirable by effort. The reason is that when a man finds himself lacking in wealth, comfort, beauty, merit, knowledge and similar other states of being, he naturally experiences a surge of envy which urges him to come, at least, at par with that person, or, if possible, be ahead. But, he does not always have the capability or power to make his wish come true because there are merits and excellences which have nothing to do with man's own efforts and acquisitions. They are simply the blessings of nature, for example, being a man or being the scion of a prophet's family or having been born in the family of a ruler or having been born beautiful. So, one who does not have access to these blessings - can never obtain them by effort even-if he were to spend a whole life-time devoted to that pursuit. A woman cannot become a man, nor can one choose to be born in the family of a prophet, or change his physique - become tall and handsome, acquire All beautiful features of his choice - because, this is not within his power. He simply cannot acquire these in the real sense, no matter how much he struggles with his medicines, treatments and devices. Consequently, when he finds himself incapable of matching the other person, his inner self starts playing with the idea that it would be wonderful if such blessings were snatched away from him (the other person) as well, so that, he too becomes either equal or lower than him. This is envy, a terribly, shameful and damaging trait of human morals, which is the cause of so many disputes, disturbances, killings and ravages in this world.</p><p>This verse of the Holy Qur'an closes the doors of disorders by saying: وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللَّـهُ بِهِ بَعْضَكُمْ عَلَىٰ بَعْضٍ. It means that Allah Almighty, in His infinite wisdom, has blessed people with all sorts of merits and excellences. He gave someone a particular quality, then gave someone else yet another quality; less to some, more to some others. In this matter, everyone. should rest pleased with his or her destiny and stay clear from the envious desire to become the possessor of the other person's merits and excellences, for the end-result of this game of desires is nothing but a biting sense of personal loss, and of course, that awful sin of envy.</p><p>It may sound a little simple, but the truth of the matter is that anyone Allah Almighty elects to be a man should be grateful for it, and anyone He elects to be a woman should be pleased with being just that, realizing that, had she been a man, may be, she could have failed to fulfill the responsibilities placed on a man, and would have thus ended up being a sinner. Then, anyone created beautiful by Allah Almighty should be all the more grateful for having been so blessed; and, anyone lesser in looks should also not grieve thinking of the good that may lie hidden behind this destiny, for being blessed with beauty does not necessarily guarantee good. It might have the recipient land into some unwelcome state of trial or corruption. Again, anyone who is a true lineal descendant of the Holy Prophet ﷺ should thank Allah Almighty for the great blessing of this lineal connection; and, anyone who does not have this connection should neither worry about it, nor should he go about longing for it, because this is something which cannot be acquired by effort, and if one still insists on coveting it, what he would get involved with will be nothing but sin and the gain he would make would be nothing but a broken heart and an aching soul. So, rather than pine for a lineage one does not have, the best policy is to think about one's own doings. Let these be good and righteous. Once a person enhances himself with such spiritual strengths, he can be ahead of those with higher or better lineage.</p><p>Striving to excel others in good deeds is different</p><p>There are verses of the Holy Qur'an and the sayings of the noble Prophet ﷺ which exhort people to excel each other in good deeds. In other words, this is an open field in which it is all right to look at the trail of merits and excellence left by others. Indeed, people have been persuaded to make all possible efforts to acquire them. Now, this relates to deeds within man's control, and which can be acquired by learning, training and working. For example, if a person is impressed with someone's intellectual merits, practical life and excel-lent morals, he can, by all means, strive to acquire these qualities. This is very desirable, and praiseworthy. As such, the present verse does not contradict it. In fact, the later part of the same verse (32), that is لِّلرِّ‌جَالِ نَصِيبٌ مِّمَّا اكْتَسَبُوا ۖ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا اكْتَسَبْ , is actually supporting this view. It means that men will get a share of what they acquired with their effort and conduct, and the same will be true for women who will get a share of what they acquired with their effort and conduct. One is not likely to miss the hint here - that effort and struggle in the acquisition of merits and perfections do not go waste. On the contrary, every man and woman will definitely get a return, a share of his or her effort. From here, we also know that desiring to have someone's intellectual-moral excellence as combined with his model practical conduct, and then going ahead to see the fruition of these desires through effort and struggle, is certainly desirable and praiseworthy. Removed in the process here is an error which is committed by a lot of people who tend to do things not knowing what they are doing. Some of them become so devoted to their desire to acquire merits which cannot be acquired that they ruin their otherwise peaceful life right here in this mortal world. And if, bad come to worse, they are fired with envy, that is, they start wishing - 'if I do not have this blessing, may this be taken away from the other' - then, the very chances of salvation in the life to come also stand destroyed because of the grave sin of envy committed by him.</p><p>Moreover, there are another kind of people as well who lack courage, avoid action, or just have no sense of honour and shame, who do not even try to acquire merits which can be acquired. Such people, when approached with good counsel, would come back immediately, blaming their destiny and fate which is no more than an effort to camouflage their own timidity and inertia. The present verse has resolved this problem by stating a wise and just rule which is: Man's effort is ineffective in acquiring merits which he does not control, such as, being high-born or handsome. Merits like these should be resigned to fate and one must be content with the divinely determined state he is in, and be grateful to Allah Almighty. Coveting anymore than that is absurd, ineffectual, meddlesome - an act which leaves behind nothing but a handful of sorrows.</p><p>As for merits which can be acquired by effort, wishing to have them is useful, only if such a wish is supported by the necessary struggle to achieve. Let us keep in mind that the verse carries the promise that the effort so made will not be wasted and everyone will get a share of what he or she worked for.</p><p>Referring back to injunctions prohibiting. the unjust use of someone's property and the unjust taking of someone's life (29), Tafsir al-Bahr al-Mishit points out that this verse aims to seal the very source of these crimes, and it is for this purpose that instructions have been given to stop people from coveting others who are ahead of them in wealth, comfort or influence. A little thought will reveal that theft, robbery and other illegitimate ways of usurping someone's property, or to kill and destroy, are crimes which sprout from one particular emotional attitude. A person, when he finds the other ahead of him in wealth and other material acquisitions, first feels the pinch in his heart wishing to come at par with him, or even wishes to become superior to him. Then, it is the intensity of this desire which pushes him all the way to go ahead and commit these crimes. The Holy Qur'an, as said earlier, has blocked the source of these crime by blocking the very desire of the unacquirables and the unobtainables of life.</p><p>To ask for Allah's grace is the ideal way</p><p>After that, the verse moves on to instruct by saying: وَاسْأَلُوا اللَّـهَ مِن فَضْلِهِ ; (And pray to Allah for His grace). It means, 'when you see someone excel in one or the other graces of life,' the ideal conduct is, 'not to wish to come at par with the other person in respect of that particular excellence, but that you should pray to Allah asking for graces and blessings. from Him.' The reason is that Allah's grace appears in different forms for everyone. For some, wealth is a blessing from God for, if they were to become paupers, they might have fallen victims to sin and disbelief. For some others, grace lies in the very pecuniary circum-stances they are in, for if they were to turn rich, they might have succumbed to thousands of sins. Similarly, for some, grace appears in the form of power and influence, while for some others, the unremembered and the unattended, the grace of Allah manifests itself in that very state. A look at the reality of things around would have told him that power and influence, if these were to be his lot, might have caused his falling into many a sin. Therefore, the verse instructs - when you ask Allah, do not ask for some fixed quality of life, instead, ask for His grace so that He, in his His infinite wisdom, opens the doors of His blessings on you.</p><p>Trust His Wisdom and Knowledge</p><p>The verse concludes by saying: إِنَّ اللَّـهَ كَانَ بِكُلِّ شَيْءٍ عَلِيمًا (Surely, Allah is All-Knowing in respect of everything.) Here, the hint is that the arrangement of things made by Allah Almighty is the very quintessence of wisdom and justice. Whoever has been created and sustained in whatever condition it may be is an arrangement perfectly matched with the ideal demand of wisdom and justice. But, man is not fully aware of the consequences of what he does. This is something only Allah knows best and thus He also knows how suitable it is to keep anyone in a given condition.</p><p>The law of inheritance: Reiteration of the wisdom in it</p><p>While describing the background in which the present verse was revealed, which appears in the introductory remarks preceding the Commentary, it was stated that some women, when they found out that men have beers given a share equal to that of two women, wished they were men so that they too would be getting a doubled share. In a relevant manner, the law of inheritance was reiterated in the second verse (33) and it was tersely said that all shares determined therein are based on perfect wisdom and justice. Since human reason cannot encompass the totality of factors that contribute to the order or disorder of the created universe, it is obvious that it cannot arrive precisely at those elements of wisdom which have been taken Into consideration in determining the laws of Allah Almighty. Therefore, whosoever has been allotted whatsoever share should be pleased with it, and be grateful for it.</p><p>Inheriting through pledge</p><p>The giving of a share on the basis of a pledge mentioned at the end of verse 33 refers to a practice during the initial period of Islam. This was later abrogated by the verse وَأُولُو الْأَرْ‌حَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ (As for the womb - relatives, some of them are closer to some...) (33:6) Now, if other heirs exist, a pledge or mutual contract between two parties does not affect the inheritance in any manner whatsoever.</p>
In the injunctions of inheritance appearing previously, it was mentioned that, given the conditions, for a male there is a share equal to that of two females. There are other proved aspects of male precedence as well. So, Sayyidah Umm Salmah رضی اللہ تعالیٰ عنہا once said to the Holy Prophet ﷺ Our share in the inheritance is half. Then, there are such and such elements of difference between us and men...'Her purpose was not to raise an objection. Rather, she wished to be a man and to deserve the merits restricted for men. There were other women who wished: Had we been men, we would have taken part in Jihad and the merit of Jihad would have been ours.'A woman asked the Holy Prophet ﷺ 'A man gets a double share in the inheritance and the witness of a woman is half as compared with a man - does that mean that we shall be getting a half reward for all of our acts of worship?' Thereupon, the present verse was revealed in which an answer to both these statements has been given. The answer to Sayyidah Umm Salmah ؓ was given by 'and do not covet...' and the answer to the last-mentioned woman was given by 'for men there is a share...'Coveting the UnacquirableIn this verse (32), coveting things, traits and merits given to others has been prohibited, for they are not acquirable by effort. The reason is that when a man finds himself lacking in wealth, comfort, beauty, merit, knowledge and similar other states of being, he naturally experiences a surge of envy which urges him to come, at least, at par with that person, or, if possible, be ahead. But, he does not always have the capability or power to make his wish come true because there are merits and excellences which have nothing to do with man's own efforts and acquisitions. They are simply the blessings of nature, for example, being a man or being the scion of a prophet's family or having been born in the family of a ruler or having been born beautiful. So, one who does not have access to these blessings - can never obtain them by effort even-if he were to spend a whole life-time devoted to that pursuit. A woman cannot become a man, nor can one choose to be born in the family of a prophet, or change his physique - become tall and handsome, acquire All beautiful features of his choice - because, this is not within his power. He simply cannot acquire these in the real sense, no matter how much he struggles with his medicines, treatments and devices. Consequently, when he finds himself incapable of matching the other person, his inner self starts playing with the idea that it would be wonderful if such blessings were snatched away from him (the other person) as well, so that, he too becomes either equal or lower than him. This is envy, a terribly, shameful and damaging trait of human morals, which is the cause of so many disputes, disturbances, killings and ravages in this world.This verse of the Holy Qur'an closes the doors of disorders by saying: وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللَّـهُ بِهِ بَعْضَكُمْ عَلَىٰ بَعْضٍ. It means that Allah Almighty, in His infinite wisdom, has blessed people with all sorts of merits and excellences. He gave someone a particular quality, then gave someone else yet another quality; less to some, more to some others. In this matter, everyone. should rest pleased with his or her destiny and stay clear from the envious desire to become the possessor of the other person's merits and excellences, for the end-result of this game of desires is nothing but a biting sense of personal loss, and of course, that awful sin of envy.It may sound a little simple, but the truth of the matter is that anyone Allah Almighty elects to be a man should be grateful for it, and anyone He elects to be a woman should be pleased with being just that, realizing that, had she been a man, may be, she could have failed to fulfill the responsibilities placed on a man, and would have thus ended up being a sinner. Then, anyone created beautiful by Allah Almighty should be all the more grateful for having been so blessed; and, anyone lesser in looks should also not grieve thinking of the good that may lie hidden behind this destiny, for being blessed with beauty does not necessarily guarantee good. It might have the recipient land into some unwelcome state of trial or corruption. Again, anyone who is a true lineal descendant of the Holy Prophet ﷺ should thank Allah Almighty for the great blessing of this lineal connection; and, anyone who does not have this connection should neither worry about it, nor should he go about longing for it, because this is something which cannot be acquired by effort, and if one still insists on coveting it, what he would get involved with will be nothing but sin and the gain he would make would be nothing but a broken heart and an aching soul. So, rather than pine for a lineage one does not have, the best policy is to think about one's own doings. Let these be good and righteous. Once a person enhances himself with such spiritual strengths, he can be ahead of those with higher or better lineage.Striving to excel others in good deeds is differentThere are verses of the Holy Qur'an and the sayings of the noble Prophet ﷺ which exhort people to excel each other in good deeds. In other words, this is an open field in which it is all right to look at the trail of merits and excellence left by others. Indeed, people have been persuaded to make all possible efforts to acquire them. Now, this relates to deeds within man's control, and which can be acquired by learning, training and working. For example, if a person is impressed with someone's intellectual merits, practical life and excel-lent morals, he can, by all means, strive to acquire these qualities. This is very desirable, and praiseworthy. As such, the present verse does not contradict it. In fact, the later part of the same verse (32), that is لِّلرِّ‌جَالِ نَصِيبٌ مِّمَّا اكْتَسَبُوا ۖ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا اكْتَسَبْ , is actually supporting this view. It means that men will get a share of what they acquired with their effort and conduct, and the same will be true for women who will get a share of what they acquired with their effort and conduct. One is not likely to miss the hint here - that effort and struggle in the acquisition of merits and perfections do not go waste. On the contrary, every man and woman will definitely get a return, a share of his or her effort. From here, we also know that desiring to have someone's intellectual-moral excellence as combined with his model practical conduct, and then going ahead to see the fruition of these desires through effort and struggle, is certainly desirable and praiseworthy. Removed in the process here is an error which is committed by a lot of people who tend to do things not knowing what they are doing. Some of them become so devoted to their desire to acquire merits which cannot be acquired that they ruin their otherwise peaceful life right here in this mortal world. And if, bad come to worse, they are fired with envy, that is, they start wishing - 'if I do not have this blessing, may this be taken away from the other' - then, the very chances of salvation in the life to come also stand destroyed because of the grave sin of envy committed by him.Moreover, there are another kind of people as well who lack courage, avoid action, or just have no sense of honour and shame, who do not even try to acquire merits which can be acquired. Such people, when approached with good counsel, would come back immediately, blaming their destiny and fate which is no more than an effort to camouflage their own timidity and inertia. The present verse has resolved this problem by stating a wise and just rule which is: Man's effort is ineffective in acquiring merits which he does not control, such as, being high-born or handsome. Merits like these should be resigned to fate and one must be content with the divinely determined state he is in, and be grateful to Allah Almighty. Coveting anymore than that is absurd, ineffectual, meddlesome - an act which leaves behind nothing but a handful of sorrows.As for merits which can be acquired by effort, wishing to have them is useful, only if such a wish is supported by the necessary struggle to achieve. Let us keep in mind that the verse carries the promise that the effort so made will not be wasted and everyone will get a share of what he or she worked for.Referring back to injunctions prohibiting. the unjust use of someone's property and the unjust taking of someone's life (29), Tafsir al-Bahr al-Mishit points out that this verse aims to seal the very source of these crimes, and it is for this purpose that instructions have been given to stop people from coveting others who are ahead of them in wealth, comfort or influence. A little thought will reveal that theft, robbery and other illegitimate ways of usurping someone's property, or to kill and destroy, are crimes which sprout from one particular emotional attitude. A person, when he finds the other ahead of him in wealth and other material acquisitions, first feels the pinch in his heart wishing to come at par with him, or even wishes to become superior to him. Then, it is the intensity of this desire which pushes him all the way to go ahead and commit these crimes. The Holy Qur'an, as said earlier, has blocked the source of these crime by blocking the very desire of the unacquirables and the unobtainables of life.To ask for Allah's grace is the ideal wayAfter that, the verse moves on to instruct by saying: وَاسْأَلُوا اللَّـهَ مِن فَضْلِهِ ; (And pray to Allah for His grace). It means, 'when you see someone excel in one or the other graces of life,' the ideal conduct is, 'not to wish to come at par with the other person in respect of that particular excellence, but that you should pray to Allah asking for graces and blessings. from Him.' The reason is that Allah's grace appears in different forms for everyone. For some, wealth is a blessing from God for, if they were to become paupers, they might have fallen victims to sin and disbelief. For some others, grace lies in the very pecuniary circum-stances they are in, for if they were to turn rich, they might have succumbed to thousands of sins. Similarly, for some, grace appears in the form of power and influence, while for some others, the unremembered and the unattended, the grace of Allah manifests itself in that very state. A look at the reality of things around would have told him that power and influence, if these were to be his lot, might have caused his falling into many a sin. Therefore, the verse instructs - when you ask Allah, do not ask for some fixed quality of life, instead, ask for His grace so that He, in his His infinite wisdom, opens the doors of His blessings on you.Trust His Wisdom and KnowledgeThe verse concludes by saying: إِنَّ اللَّـهَ كَانَ بِكُلِّ شَيْءٍ عَلِيمًا (Surely, Allah is All-Knowing in respect of everything.) Here, the hint is that the arrangement of things made by Allah Almighty is the very quintessence of wisdom and justice. Whoever has been created and sustained in whatever condition it may be is an arrangement perfectly matched with the ideal demand of wisdom and justice. But, man is not fully aware of the consequences of what he does. This is something only Allah knows best and thus He also knows how suitable it is to keep anyone in a given condition.The law of inheritance: Reiteration of the wisdom in itWhile describing the background in which the present verse was revealed, which appears in the introductory remarks preceding the Commentary, it was stated that some women, when they found out that men have beers given a share equal to that of two women, wished they were men so that they too would be getting a doubled share. In a relevant manner, the law of inheritance was reiterated in the second verse (33) and it was tersely said that all shares determined therein are based on perfect wisdom and justice. Since human reason cannot encompass the totality of factors that contribute to the order or disorder of the created universe, it is obvious that it cannot arrive precisely at those elements of wisdom which have been taken Into consideration in determining the laws of Allah Almighty. Therefore, whosoever has been allotted whatsoever share should be pleased with it, and be grateful for it.Inheriting through pledgeThe giving of a share on the basis of a pledge mentioned at the end of verse 33 refers to a practice during the initial period of Islam. This was later abrogated by the verse وَأُولُو الْأَرْ‌حَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ (As for the womb - relatives, some of them are closer to some...) (33:6) Now, if other heirs exist, a pledge or mutual contract between two parties does not affect the inheritance in any manner whatsoever.
32
4
وَلِكُلٍّ جَعَلْنَا مَوَٰلِىَ مِمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ وَٱلَّذِينَ عَقَدَتْ أَيْمَٰنُكُمْ فَـَٔاتُوهُمْ نَصِيبَهُمْ إِنَّ ٱللَّهَ كَانَ عَلَىٰ كُلِّ شَىْءٍ شَهِيدًا
33
4
ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ وَٱلَّٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا۟ عَلَيْهِنَّ سَبِيلًا إِنَّ ٱللَّهَ كَانَ عَلِيًّا كَبِيرًا
<p>Under injunctions concerning women, appearing earlier, discrimination against them by withholding or wasting their rights was prohibited. Now, the present verses describe the rights of men.</p><p>Commentary</p><p>Verse 34 opens with an important statement: الرِّ‌جَالُ قَوَّامُونَ عَلَى النِّسَاءِ which has been translated as 'men stand caretakers of women.' qawwam, qayyam or qayyim in Arabic denotes a person who holds the responsibility or has the duty and charge to manage a job or run a system or take care of what has to be done about something, controlling all related factors therein. The standard role of a man, with regard to women, has been mentioned in this verse through the word, 'qawwam' which has been translated in various ways, the most common being in the sense of 'hakim' or one who rules, governs, or decides. Other alternates used are guardians, custodians, overseers and protectors. When taken in the sense of a carer, a functional head, and not in the political sense of a ruler or dictator, the 'qawwam' or hakim of the Qur'an offers a base of understanding from common experience. It is obvious that, for any group-living, big or small, or for any organized system, it is rationally and customarily necessary that the group or system have some head or chief or authority so that he can arbitrate in the event of a difference and take decisions to run affairs smoothly. That such authority is needed in the running of countries, governments and states is universally accepted and practiced. This need, as felt in modern times, was also felt in the older tribal social organizations where the chief of a tribe was taken as the authority for that tribe. Why would a family organization, a micro-sample of the larger organizations, would not need someone to head, maintain and run the system? Of course, the need is there and Allah Almighty, in His infinite wisdom, elected men for this responsibility because their natural capabilities are more pronounced than those of women and children.</p><p>This is such an open and obvious fact of human life that no sane human being, man or woman, can say no to it; and its denial does not change reality.</p><p>The gist of the matter is that, as seen from وَلِلرِّ‌جَالِ عَلَيْهِنَّ دَرَ‌جَةٌ (and for men, there is a step above them) and from الرِّ‌جَالُ قَوَّامُونَ عَلَى النِّسَاءِ (men stand caretakers of women), the message is that the rights of women are as incumbent upon men as the rights of men are upon women, and the rights of both are similar to each other, with only one exception that men have a certain precedence in functional authority, although this too is hemmed with other balancing factors. As explained in other verses of the Holy Qur'an, this mantle of authority placed on the shoulders of men is not that of a dictator and a tyrant. While exercizing this authority, man is bound by the supreme law of Islam, the Shari’ ah. He must act on the principle of consultation and follow good counsel. He just cannot act at. the spur of his whim or his wild instincts. The command given to him is: وَعَاشِرُ‌وهُنَّ بِالْمَعْرُ‌وفِ It mean: Treat women well, as recognized.</p><p>This aspect of having mutual consultation appears in another verse (2:233) where it was said: عَن تَرَ‌اضٍ مِّنْهُمَا وَتَشَاوُرٍ‌. Here men have been instructed to act in consultation with wives in family affairs. After this clarification, the technical authority of man should not be a source of heart-burning for women. Still, in view of the probability that women may take this arrangement unhappily, Allah Almighty did not restrict the text on proclaiming the authority of man, but explained two reasons for this authority. One reason relates to the wisdom of creation which is beyond the control of any human being, and the other refers to a factor which comes through one's efforts and endeavour.</p><p>The first reason has been mentioned in the words: بِمَا فَضَّلَ اللَّـهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ. It means that Allah Almighty has made some excel the others (in some qualities) under His exclusive wisdom and consideration. This is like the sacred environs of Makkah where a particular House of Worship was declared by Allah as His House and Qiblah (the orientation), and in Jerusalem, a special honour was given to the Bayt al-Maqdis. Similar is the case with the precedence of men. This is a God-given grace. Men have done nothing to get it and there is nothing wrong with women that they do not have it. It is simply based on the wisdom of creation, an exclusive privilege of the Creator.</p><p>The second reason relates to what is achieved with effort. This reason is pointed out by the words وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ , which mean that men spend their money, pay dower and take the responsibility of meeting all needs of women. Hence, the precedence.</p><p>At this point, a comment from Ibn Hibban in al-Bahr al-Muhit, is worth attention. He says, 'These two reasons in support of the authority of men also prove that the right to authority does not get to be established simply by force. Rather, this right can be deserved on the basis of one's competence and capability.</p><p>The Qur'anic eloquence in describing the precedence of men</p><p>It is noteworthy that the Holy Qur'an, while giving the first reason for the precedence of men, has not opted for an expression like - فَضَّلَهُمْ عَلَيْهِنَّ : 'because He made men excel women', On the contrary, it has elected to give a deeper significance to the statement by using the expression: , that is, 'made some of them excel the others'. The wisdom here is not difficult to see. The Arabic expression has a subtle indictation to the fact that men and women are part of each other. Therefore, there is a hint that the 'precedence of men, even if proved in one or the other field, will not go beyond being similar to the precedence of man's head over his hand, or of his heart over his stomach. So, just as the precedence of man's head over his hand does not diminish the role and the importance of the hand, similarly, the precedence of man does not cause any lowering of the status of women, because both of them are parts of each other's body - if man is the head, woman is the body.</p><p>Some commentators identify yet another hint here. According to them, this precedence men have over women is in terms of genus. As far as individuals are concerned, it is quite possible that a woman may excel a man in her qualities and practical accomplishments, so much so that a woman may be superior to some individual men even in the qualities of a care-taker.</p><p>The role of men and women: The principle of function</p><p>The second reason given for the precedence of men, is that they spend their earnings to take care of women. Here too, there are some points to ponder. To begin with, it removes the possible doubt that may creep up due to the share of men being twice that of women as described in the verses of inheritance. This is done by the present verse when it declares that all financial responsibilities rest with men. As for women, all her financial responsibilities before her marriage rest with her father and after marriage, these pass on to the husband. With this in view, giving a twofold share to a man is not really too much, for it zooms back to women after all.</p><p>Now let us pursue the second hint about an important principle in life. The principle is that woman, in terms of her creation and nature, should not be subjected to go out, work and earn her own 'livelihood. Also, the very attributes of her being are hardly conducive to her running around offices and markets, doing jobs and laborious work to earn a livelihood. So, to keep her safe from roughing it out like men, Allah Almighty has placed her total responsibility on men. Before she is married, her father takes care of her, and after her marriage, she becomes the responsibility of her husband. Woman, as opposed to her sweating it out in the work places in the name of income, career or liberation, has been made the means of human procreation. Then, the responsibility of being mothers of children and that of managing and holding the house and the family together has also been placed on her shoulders. Man cannot handle the burdens of responsibilities in these areas.</p><p>Keeping this in view, it is not possible to deduce that the status of women has been reduced by making them dependent on men in the matter of her expenses. There is no value judgment being made here. This is no more than a functional distribution of duties, except that, the inter-acting precedence between duties which exists elsewhere exists here too. In short, the two reasons given show that the precedence of men does not lower the status of women, nor does this hold any special gain for them. Whatever gain there is, it reverts back to women after all.</p><p>The profile of a good wife</p><p>The verse begins, with a working rule - that man is charged with a duty-bound authority over women. The text then describes women, the فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللَّـهُ good ones and the bad ones. It says: It means that women who are righteous accept this rule of the precedence of men and obey them, and when they are not with them, they stand guard on their own selves, as well as on what the husband has earned for the family. It goes without saying that the protection of the personal honour and modesty of a woman, and that of everything else in the house under her charge are basic to the happiness that lies behind a successful home management. Although the duty of a woman to guard herself and to look after the home is not restricted to-a situation where the husband is not at home, but is equally applicable during his presence also, yet the Holy Qur'an has mentioned the state of his 'absence' only, because it is in the absence of the husband that a woman is more susceptible to showing negligence; therefore, this situation has been mentioned in express terms. The message is that what has to be avoided is showing a lot of concern and alertness while men are present in the house, but neglecting to abide by these rules of conduct when they are out of sight.</p><p>It was, most probably, in explanation of this verse that the Holy Prophet ﷺ said: خیرُالنِساءِ اِمرأِۃُ اِذا ںَظَرَت اِلیھا سرتک ، و اذا اَمَرتَھَا اِطاَعَتکَ ، واِذا غبتَ عَنھا حفظتک فی مالھا و نفسھا</p><p>"The best of women is a woman who, when you look at her, makes you pleased with her; and when you ask her to do something, she obeys you; and when you are absent, she guards herself, and her belongings."</p><p>Since these responsibilities placed on women, that is, the guarding and protection of their modesty, and of what the husband leaves in her charge, are not that easy to take care of, therefore, Allah Almighty has, immediately after it, declared: بِمَا حَفِظَ اللَّـهُ that is, Allah Almighty helps women when they so protect. It is with His support known as the Taufiq of Allah, that they succeed in grappling with these heavy responsibilities. Had this not been there, the temptations of self and satan stand surrounding every man and woman all the time. Then, women are particularly weaker in some areas of capabilities as compared to men, yet, when it comes to carrying out these responsibilities, they tend to be much stronger than men. All this is an outcome of Allah's Taufiq and help. This is the reason why women, as a general rule, are less involved in sinful immodesties as compared to men.</p><p>The merit of women who cooperate with their husbands, as evident from this verse, has also been widely reported in several ahadith. In one such hadith, the Holy Prophet ﷺ said that, for a woman who is dutiful to her husband, there are birds in the air and fish in the sea and angels in the skies and beasts in the forests who pray for h forgiveness by the Lord. (al-Bahr al-Muhit)</p><p>How to correct an uncooperative wife</p><p>The text turns to women who are either straight disobedient to their husbands or fail to cooperate with them in running family affairs in the recognized manner. The Holy Qur'an gives men three methods of correcting their behaviour. These are to be followed in the order they have been mentioned. So, the verse says: وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ ; It means: If you fear or face disobedience from women, the first step towards their correction is that you should talk it over with them nicely and softly. Still, if they remain adamant and do not change their attitude by conciliatory counsel alone, the next step is not to share the same bed with them, so that they may realize the displeasure of the husband as expressed through this symbolic separation, and may feel sorry for their conduct. The Holy Qur'an uses the words: فِي الْمَضَاجِعِ at this point, meaning 'in beds'. It is from here that Muslim jurists have deduced that this staying apart should be limited to 'beds' and not to the 'house' itself. In other words, the woman should not be left alone in the house, something which is bound to hurt her feeling much more and which makes the possibility of further straining of relations far stronger.</p><p>A Companion reports:</p><p>قُلتُ یا رسول اللہ ﷺ مَا حَّقُّ زوجۃِ اَحَدِنَا عَلَیہِ قَالَ رسول اللہ ﷺ : اَن تُطعِمھا اِذَ اَطعَمتَ وتکسُوھا اِذَا اکتَسَیتَ ، وَلَا تِضرِبِ اَلوَجہَ ولا تَقبّح ولا تھجُر اِلَّا فِی البَیتِ (مشکوۃ، ص 281)</p><p>I said: '0 Messenger of Allah, what right do our wives have on us?' He ﷺ said: 'That you feed them when you eat; provide them with apparels to wear when you have these for yourselves; and do not hit the face; and do not say abuses to her; and do not leave them apart unless it be within the house. (Mishkat, p.281)</p><p>If this gentle admonition fails to produce any effect, some corrective form of a little 'beating' has also been allowed as a last resort, of course, in a manner that it does not affect the body, nor goes to the undesirable limits of hurt or injury to the skin or bones. As for slapping or hitting on the face, it is absolutely forbidden.</p><p>The first two methods of admonition, that is seeking to convince and leaving apart in beds, are more or less an exercise in nobility against arrogant lack of compromise. Prophets and their righteous followers have spoken in favour of it. That they practiced' what they preached is also a proved fact. But, this third method of admonition, that is, beating, has been permitted as a forced option in a particular mode. Right along with this option given to men, it appears in hadith: وَ لَن یَّضرِبَ خِیَارُکُم ; which means that 'good men among you will never beat women.' Thus, such an action is nowhere reported from the blessed prophets of Allah.</p><p>According to a narration from the daughter of Sayyidna Abu Bakr ؓ as reported by Ibn Sa'd and al-Baihaqi, the beating of women was absolutely prohibited in the early days, but this resulted in their becoming much too oppressive, following which the permission was reinstated.</p><p>The present verse relates to one such event, which can be termed as the background of its revelation. Sayyidna Zayd ibn Zuhayr ؓ had married his daughter, Sayyidah Habibah ؓ to Sayyidna Sa'd ibn Rabi' ؓ During a dispute over something, the husband slapped her. Sayyidah Habibah ؓ complained to her father. He took her to the Holy Prophet ﷺ . He declared that Habibah has the right to hit Sa'd as hard as he did. Hearing this decision of their master, they started back home to take their revenge upon Sa'd. Thereupon, this verse was revealed in which the beating of women as the very last option has been permitted, and no retaliation or revenge against men was allowed. So, soon after the revelation of this verse, the Holy Prophet ﷺ called both of them back and asked them to abide by the injunction from Allah Almighty, and abrogated his first directive permitting the seeking of revenge.</p><p>Towards the end of the verse, it is said: 'Then, if they obey you, do not seek a way against them'. It means that should the women mend themselves after that triple-stepped approach, men should forgive and forgo the past events and avoid looking for ways to find fault with them on flimsy issues as the power of Allah controls everything.</p><p>Conclusions</p><p>What comes out as a basic principle from this verse is that, no doubt the rights of men and women are similar as detailed in previous verses, yet great care has been taken to ensure that the rights of women are duly fulfilled because they are weaker as compared to men and cannot wrest rights from men by using their physical power. But this equality in rights does to mean that there should be no difference of given graces or functional precedences between men and women. That men have been given a degree of precedence over women is a manifestation of Divine wisdom and justice. There are two reasons for it:</p><p>1. The genus of man, in view of its mental-physical excellences, has God-given precedence over the genus of woman, which is not possible for the woman to acquire. The case of individuals and rarities is a different matter.</p><p>2. Men take care of everything women need from what they earn and have. The first reason given above is something over which men or women have no control, while the second reason is something which becomes operative by choice and effort. It can also be said here that according to the commonsense and justice, there should be two things present while deciding as to who, from among the children of one father and mother, shall be technically authorized to take care of the other. First: Whoever is so authorized should have the mental-physical capability to carry out the demands of authority. Second: The agreement and pleasure of the one to be taken care of under such authority. The first reason mentioned by the Holy Qur'an (in the words : بِمَا فَضَّلَ اللَّـهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ ) focuses on the ability of man to function with authority while the second reason (mentioned in the words وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ ) refers to the agreement and pleasure of the party which would operate under that authority. It is obvious that at the time of marriage when a woman, in consideration of her dower and total maintenance, agrees to enter into the marital bond - she agrees to the authority of the husband and accepts it with pleasure.</p><p>In short, the principle of family life given in the first sentence of the present verse is that, despite the rights of men and women being equal in almost everything, there is, for men, a certain precedence laced with authority vis-a-vis women, and they operate thereunder.</p><p>Under this basic principle, there came to be two classes of women in practical life. One of them stood by this basic principle, abided by their convenant, accepted the functional authority of man and obeyed him in deference to the wise Divine arrangement. Then there was the other class of women which failed to live by this principle in its fullness. As for the first-mentioned class, it provides for itself a perfect guarantee of family peace and well-being. It needs no correction of course in its life.</p><p>Such correction is, however, very much in order for the second class of women. For this purpose, the second sentence of the verse offers a compact system which would help correct things within the four walls of the house and the tussle between the husband and the wife would be diffused and settled for good right there without any third party having to intercede in between them. So, men have been told: If you sense some lack of cooperation from women, the first thing you should do is to talk to them explaining things in a way which helps change their mind and attitude. If that works, the issue is resolved right there. The woman is rescued from a permanent sin and the man from an aching heart, and the two of them from some ever-stinging anguish. Now, if this person-to-person talk fails to bring results, the second stage is to sleep on a separate bed as an indicator of your displeasure, and may be as a device to bring about a change of attitude through the sending of a warning signal. This is ordinary admonition but good enough for a warning. If the woman gets the message, the dispute ends right there. But, if she ignores even this soft measure of correction and persists with her crooked ways, there is the third step in which token beating is also permitted, the extreme limit of which is that it should produce no effect on the body. The use of this method of admonition (beating of woman) was not liked by the Holy Prophet 1 who, quite on the contrary, said that gentlemen would not do that. However, if this token reprimand as the last resort does result in normalcy of relations, the main objective stands achieved anyway. That men have been given three options to correct women in this verse is coupled with the words فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا said at the end of it. It means that, should the women start listening to you after these three-step ways of correction, do not go for hair-splitting and start leveling more accusations. The better course is to forgo, realizing that the measure of precedence over women given to you by Allah Almighty is not absolute, for the precedence of Allah Almighty hangs heavy over you. If you exceed the limits set for you, it will be you who is going to take the punishment.</p><p>The role of the family arbitrator in disputes</p><p>The arrangement described so far was to help tempers cool off within the privacy of the house keeping it restricted to the married couple. But, there are times when the family feud becomes long-drawn. It may be because the woman is temperamentally obstinate and contumacious, or it may be the fault of the man who may have been unjustly oppressive. Whatever it actually is, one thing is certain that the unfortunate tussle will not remain restricted within the four walls of the house; it will _definitely spread out. Then, as usual, supporters of one party wi11 go about maligning the others with all sort of accusations. This will cause tempers of parties to rise and what started as the disagreement of two individuals will turn into a confrontation between two families.</p>
Under injunctions concerning women, appearing earlier, discrimination against them by withholding or wasting their rights was prohibited. Now, the present verses describe the rights of men.CommentaryVerse 34 opens with an important statement: الرِّ‌جَالُ قَوَّامُونَ عَلَى النِّسَاءِ which has been translated as 'men stand caretakers of women.' qawwam, qayyam or qayyim in Arabic denotes a person who holds the responsibility or has the duty and charge to manage a job or run a system or take care of what has to be done about something, controlling all related factors therein. The standard role of a man, with regard to women, has been mentioned in this verse through the word, 'qawwam' which has been translated in various ways, the most common being in the sense of 'hakim' or one who rules, governs, or decides. Other alternates used are guardians, custodians, overseers and protectors. When taken in the sense of a carer, a functional head, and not in the political sense of a ruler or dictator, the 'qawwam' or hakim of the Qur'an offers a base of understanding from common experience. It is obvious that, for any group-living, big or small, or for any organized system, it is rationally and customarily necessary that the group or system have some head or chief or authority so that he can arbitrate in the event of a difference and take decisions to run affairs smoothly. That such authority is needed in the running of countries, governments and states is universally accepted and practiced. This need, as felt in modern times, was also felt in the older tribal social organizations where the chief of a tribe was taken as the authority for that tribe. Why would a family organization, a micro-sample of the larger organizations, would not need someone to head, maintain and run the system? Of course, the need is there and Allah Almighty, in His infinite wisdom, elected men for this responsibility because their natural capabilities are more pronounced than those of women and children.This is such an open and obvious fact of human life that no sane human being, man or woman, can say no to it; and its denial does not change reality.The gist of the matter is that, as seen from وَلِلرِّ‌جَالِ عَلَيْهِنَّ دَرَ‌جَةٌ (and for men, there is a step above them) and from الرِّ‌جَالُ قَوَّامُونَ عَلَى النِّسَاءِ (men stand caretakers of women), the message is that the rights of women are as incumbent upon men as the rights of men are upon women, and the rights of both are similar to each other, with only one exception that men have a certain precedence in functional authority, although this too is hemmed with other balancing factors. As explained in other verses of the Holy Qur'an, this mantle of authority placed on the shoulders of men is not that of a dictator and a tyrant. While exercizing this authority, man is bound by the supreme law of Islam, the Shari’ ah. He must act on the principle of consultation and follow good counsel. He just cannot act at. the spur of his whim or his wild instincts. The command given to him is: وَعَاشِرُ‌وهُنَّ بِالْمَعْرُ‌وفِ It mean: Treat women well, as recognized.This aspect of having mutual consultation appears in another verse (2:233) where it was said: عَن تَرَ‌اضٍ مِّنْهُمَا وَتَشَاوُرٍ‌. Here men have been instructed to act in consultation with wives in family affairs. After this clarification, the technical authority of man should not be a source of heart-burning for women. Still, in view of the probability that women may take this arrangement unhappily, Allah Almighty did not restrict the text on proclaiming the authority of man, but explained two reasons for this authority. One reason relates to the wisdom of creation which is beyond the control of any human being, and the other refers to a factor which comes through one's efforts and endeavour.The first reason has been mentioned in the words: بِمَا فَضَّلَ اللَّـهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ. It means that Allah Almighty has made some excel the others (in some qualities) under His exclusive wisdom and consideration. This is like the sacred environs of Makkah where a particular House of Worship was declared by Allah as His House and Qiblah (the orientation), and in Jerusalem, a special honour was given to the Bayt al-Maqdis. Similar is the case with the precedence of men. This is a God-given grace. Men have done nothing to get it and there is nothing wrong with women that they do not have it. It is simply based on the wisdom of creation, an exclusive privilege of the Creator.The second reason relates to what is achieved with effort. This reason is pointed out by the words وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ , which mean that men spend their money, pay dower and take the responsibility of meeting all needs of women. Hence, the precedence.At this point, a comment from Ibn Hibban in al-Bahr al-Muhit, is worth attention. He says, 'These two reasons in support of the authority of men also prove that the right to authority does not get to be established simply by force. Rather, this right can be deserved on the basis of one's competence and capability.The Qur'anic eloquence in describing the precedence of menIt is noteworthy that the Holy Qur'an, while giving the first reason for the precedence of men, has not opted for an expression like - فَضَّلَهُمْ عَلَيْهِنَّ : 'because He made men excel women', On the contrary, it has elected to give a deeper significance to the statement by using the expression: , that is, 'made some of them excel the others'. The wisdom here is not difficult to see. The Arabic expression has a subtle indictation to the fact that men and women are part of each other. Therefore, there is a hint that the 'precedence of men, even if proved in one or the other field, will not go beyond being similar to the precedence of man's head over his hand, or of his heart over his stomach. So, just as the precedence of man's head over his hand does not diminish the role and the importance of the hand, similarly, the precedence of man does not cause any lowering of the status of women, because both of them are parts of each other's body - if man is the head, woman is the body.Some commentators identify yet another hint here. According to them, this precedence men have over women is in terms of genus. As far as individuals are concerned, it is quite possible that a woman may excel a man in her qualities and practical accomplishments, so much so that a woman may be superior to some individual men even in the qualities of a care-taker.The role of men and women: The principle of functionThe second reason given for the precedence of men, is that they spend their earnings to take care of women. Here too, there are some points to ponder. To begin with, it removes the possible doubt that may creep up due to the share of men being twice that of women as described in the verses of inheritance. This is done by the present verse when it declares that all financial responsibilities rest with men. As for women, all her financial responsibilities before her marriage rest with her father and after marriage, these pass on to the husband. With this in view, giving a twofold share to a man is not really too much, for it zooms back to women after all.Now let us pursue the second hint about an important principle in life. The principle is that woman, in terms of her creation and nature, should not be subjected to go out, work and earn her own 'livelihood. Also, the very attributes of her being are hardly conducive to her running around offices and markets, doing jobs and laborious work to earn a livelihood. So, to keep her safe from roughing it out like men, Allah Almighty has placed her total responsibility on men. Before she is married, her father takes care of her, and after her marriage, she becomes the responsibility of her husband. Woman, as opposed to her sweating it out in the work places in the name of income, career or liberation, has been made the means of human procreation. Then, the responsibility of being mothers of children and that of managing and holding the house and the family together has also been placed on her shoulders. Man cannot handle the burdens of responsibilities in these areas.Keeping this in view, it is not possible to deduce that the status of women has been reduced by making them dependent on men in the matter of her expenses. There is no value judgment being made here. This is no more than a functional distribution of duties, except that, the inter-acting precedence between duties which exists elsewhere exists here too. In short, the two reasons given show that the precedence of men does not lower the status of women, nor does this hold any special gain for them. Whatever gain there is, it reverts back to women after all.The profile of a good wifeThe verse begins, with a working rule - that man is charged with a duty-bound authority over women. The text then describes women, the فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللَّـهُ good ones and the bad ones. It says: It means that women who are righteous accept this rule of the precedence of men and obey them, and when they are not with them, they stand guard on their own selves, as well as on what the husband has earned for the family. It goes without saying that the protection of the personal honour and modesty of a woman, and that of everything else in the house under her charge are basic to the happiness that lies behind a successful home management. Although the duty of a woman to guard herself and to look after the home is not restricted to-a situation where the husband is not at home, but is equally applicable during his presence also, yet the Holy Qur'an has mentioned the state of his 'absence' only, because it is in the absence of the husband that a woman is more susceptible to showing negligence; therefore, this situation has been mentioned in express terms. The message is that what has to be avoided is showing a lot of concern and alertness while men are present in the house, but neglecting to abide by these rules of conduct when they are out of sight.It was, most probably, in explanation of this verse that the Holy Prophet ﷺ said: خیرُالنِساءِ اِمرأِۃُ اِذا ںَظَرَت اِلیھا سرتک ، و اذا اَمَرتَھَا اِطاَعَتکَ ، واِذا غبتَ عَنھا حفظتک فی مالھا و نفسھا"The best of women is a woman who, when you look at her, makes you pleased with her; and when you ask her to do something, she obeys you; and when you are absent, she guards herself, and her belongings."Since these responsibilities placed on women, that is, the guarding and protection of their modesty, and of what the husband leaves in her charge, are not that easy to take care of, therefore, Allah Almighty has, immediately after it, declared: بِمَا حَفِظَ اللَّـهُ that is, Allah Almighty helps women when they so protect. It is with His support known as the Taufiq of Allah, that they succeed in grappling with these heavy responsibilities. Had this not been there, the temptations of self and satan stand surrounding every man and woman all the time. Then, women are particularly weaker in some areas of capabilities as compared to men, yet, when it comes to carrying out these responsibilities, they tend to be much stronger than men. All this is an outcome of Allah's Taufiq and help. This is the reason why women, as a general rule, are less involved in sinful immodesties as compared to men.The merit of women who cooperate with their husbands, as evident from this verse, has also been widely reported in several ahadith. In one such hadith, the Holy Prophet ﷺ said that, for a woman who is dutiful to her husband, there are birds in the air and fish in the sea and angels in the skies and beasts in the forests who pray for h forgiveness by the Lord. (al-Bahr al-Muhit)How to correct an uncooperative wifeThe text turns to women who are either straight disobedient to their husbands or fail to cooperate with them in running family affairs in the recognized manner. The Holy Qur'an gives men three methods of correcting their behaviour. These are to be followed in the order they have been mentioned. So, the verse says: وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ ; It means: If you fear or face disobedience from women, the first step towards their correction is that you should talk it over with them nicely and softly. Still, if they remain adamant and do not change their attitude by conciliatory counsel alone, the next step is not to share the same bed with them, so that they may realize the displeasure of the husband as expressed through this symbolic separation, and may feel sorry for their conduct. The Holy Qur'an uses the words: فِي الْمَضَاجِعِ at this point, meaning 'in beds'. It is from here that Muslim jurists have deduced that this staying apart should be limited to 'beds' and not to the 'house' itself. In other words, the woman should not be left alone in the house, something which is bound to hurt her feeling much more and which makes the possibility of further straining of relations far stronger.A Companion reports:قُلتُ یا رسول اللہ ﷺ مَا حَّقُّ زوجۃِ اَحَدِنَا عَلَیہِ قَالَ رسول اللہ ﷺ : اَن تُطعِمھا اِذَ اَطعَمتَ وتکسُوھا اِذَا اکتَسَیتَ ، وَلَا تِضرِبِ اَلوَجہَ ولا تَقبّح ولا تھجُر اِلَّا فِی البَیتِ (مشکوۃ، ص 281)I said: '0 Messenger of Allah, what right do our wives have on us?' He ﷺ said: 'That you feed them when you eat; provide them with apparels to wear when you have these for yourselves; and do not hit the face; and do not say abuses to her; and do not leave them apart unless it be within the house. (Mishkat, p.281)If this gentle admonition fails to produce any effect, some corrective form of a little 'beating' has also been allowed as a last resort, of course, in a manner that it does not affect the body, nor goes to the undesirable limits of hurt or injury to the skin or bones. As for slapping or hitting on the face, it is absolutely forbidden.The first two methods of admonition, that is seeking to convince and leaving apart in beds, are more or less an exercise in nobility against arrogant lack of compromise. Prophets and their righteous followers have spoken in favour of it. That they practiced' what they preached is also a proved fact. But, this third method of admonition, that is, beating, has been permitted as a forced option in a particular mode. Right along with this option given to men, it appears in hadith: وَ لَن یَّضرِبَ خِیَارُکُم ; which means that 'good men among you will never beat women.' Thus, such an action is nowhere reported from the blessed prophets of Allah.According to a narration from the daughter of Sayyidna Abu Bakr ؓ as reported by Ibn Sa'd and al-Baihaqi, the beating of women was absolutely prohibited in the early days, but this resulted in their becoming much too oppressive, following which the permission was reinstated.The present verse relates to one such event, which can be termed as the background of its revelation. Sayyidna Zayd ibn Zuhayr ؓ had married his daughter, Sayyidah Habibah ؓ to Sayyidna Sa'd ibn Rabi' ؓ During a dispute over something, the husband slapped her. Sayyidah Habibah ؓ complained to her father. He took her to the Holy Prophet ﷺ . He declared that Habibah has the right to hit Sa'd as hard as he did. Hearing this decision of their master, they started back home to take their revenge upon Sa'd. Thereupon, this verse was revealed in which the beating of women as the very last option has been permitted, and no retaliation or revenge against men was allowed. So, soon after the revelation of this verse, the Holy Prophet ﷺ called both of them back and asked them to abide by the injunction from Allah Almighty, and abrogated his first directive permitting the seeking of revenge.Towards the end of the verse, it is said: 'Then, if they obey you, do not seek a way against them'. It means that should the women mend themselves after that triple-stepped approach, men should forgive and forgo the past events and avoid looking for ways to find fault with them on flimsy issues as the power of Allah controls everything.ConclusionsWhat comes out as a basic principle from this verse is that, no doubt the rights of men and women are similar as detailed in previous verses, yet great care has been taken to ensure that the rights of women are duly fulfilled because they are weaker as compared to men and cannot wrest rights from men by using their physical power. But this equality in rights does to mean that there should be no difference of given graces or functional precedences between men and women. That men have been given a degree of precedence over women is a manifestation of Divine wisdom and justice. There are two reasons for it:1. The genus of man, in view of its mental-physical excellences, has God-given precedence over the genus of woman, which is not possible for the woman to acquire. The case of individuals and rarities is a different matter.2. Men take care of everything women need from what they earn and have. The first reason given above is something over which men or women have no control, while the second reason is something which becomes operative by choice and effort. It can also be said here that according to the commonsense and justice, there should be two things present while deciding as to who, from among the children of one father and mother, shall be technically authorized to take care of the other. First: Whoever is so authorized should have the mental-physical capability to carry out the demands of authority. Second: The agreement and pleasure of the one to be taken care of under such authority. The first reason mentioned by the Holy Qur'an (in the words : بِمَا فَضَّلَ اللَّـهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ ) focuses on the ability of man to function with authority while the second reason (mentioned in the words وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ ) refers to the agreement and pleasure of the party which would operate under that authority. It is obvious that at the time of marriage when a woman, in consideration of her dower and total maintenance, agrees to enter into the marital bond - she agrees to the authority of the husband and accepts it with pleasure.In short, the principle of family life given in the first sentence of the present verse is that, despite the rights of men and women being equal in almost everything, there is, for men, a certain precedence laced with authority vis-a-vis women, and they operate thereunder.Under this basic principle, there came to be two classes of women in practical life. One of them stood by this basic principle, abided by their convenant, accepted the functional authority of man and obeyed him in deference to the wise Divine arrangement. Then there was the other class of women which failed to live by this principle in its fullness. As for the first-mentioned class, it provides for itself a perfect guarantee of family peace and well-being. It needs no correction of course in its life.Such correction is, however, very much in order for the second class of women. For this purpose, the second sentence of the verse offers a compact system which would help correct things within the four walls of the house and the tussle between the husband and the wife would be diffused and settled for good right there without any third party having to intercede in between them. So, men have been told: If you sense some lack of cooperation from women, the first thing you should do is to talk to them explaining things in a way which helps change their mind and attitude. If that works, the issue is resolved right there. The woman is rescued from a permanent sin and the man from an aching heart, and the two of them from some ever-stinging anguish. Now, if this person-to-person talk fails to bring results, the second stage is to sleep on a separate bed as an indicator of your displeasure, and may be as a device to bring about a change of attitude through the sending of a warning signal. This is ordinary admonition but good enough for a warning. If the woman gets the message, the dispute ends right there. But, if she ignores even this soft measure of correction and persists with her crooked ways, there is the third step in which token beating is also permitted, the extreme limit of which is that it should produce no effect on the body. The use of this method of admonition (beating of woman) was not liked by the Holy Prophet 1 who, quite on the contrary, said that gentlemen would not do that. However, if this token reprimand as the last resort does result in normalcy of relations, the main objective stands achieved anyway. That men have been given three options to correct women in this verse is coupled with the words فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا said at the end of it. It means that, should the women start listening to you after these three-step ways of correction, do not go for hair-splitting and start leveling more accusations. The better course is to forgo, realizing that the measure of precedence over women given to you by Allah Almighty is not absolute, for the precedence of Allah Almighty hangs heavy over you. If you exceed the limits set for you, it will be you who is going to take the punishment.The role of the family arbitrator in disputesThe arrangement described so far was to help tempers cool off within the privacy of the house keeping it restricted to the married couple. But, there are times when the family feud becomes long-drawn. It may be because the woman is temperamentally obstinate and contumacious, or it may be the fault of the man who may have been unjustly oppressive. Whatever it actually is, one thing is certain that the unfortunate tussle will not remain restricted within the four walls of the house; it will _definitely spread out. Then, as usual, supporters of one party wi11 go about maligning the others with all sort of accusations. This will cause tempers of parties to rise and what started as the disagreement of two individuals will turn into a confrontation between two families.
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وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَٱبْعَثُوا۟ حَكَمًا مِّنْ أَهْلِهِۦ وَحَكَمًا مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَٰحًا يُوَفِّقِ ٱللَّهُ بَيْنَهُمَآ إِنَّ ٱللَّهَ كَانَ عَلِيمًا خَبِيرًا
<p>It is to block the road to this terrible discord that, in the second verse, the Holy Qur'an addresses government authorities of the time, the guardians of the parties concerned and their supporters, and the general body of Muslims, and suggests a decent method which would cool down tempers, shut out avenues of accusations and make a compromise between the affected parties possible, so that the dispute which, no doubt, could not remain restricted to the couple's home, would at least be settled within their families and not go to a court of law to become public knowledge.</p><p>This particular method requires that concerned officials of the government or the guardians of the parties or a body of Muslims which has the necessary integrity, influence and authority should take charge and appoint two arbitrators to hep bring about a compromise between the parties concerned - taking one arbitrator from the man's family and the other from that of the woman. At both these places, the Holy Qur'an has used the word, "hakam" for these appointees whereby it pin-points the necessary qualifications of these two persons, that is, they should have the capability to decide the dispute between the two. parties; and this capability, as obvious, will be found in a person who is both knowledgeable and trustworthy.</p><p>In short, the rule that emerges from here is that a "hakam" or arbitrator from the man's family and another from that of the woman should be appointed and sent to the husband and wife. Now, as for what they are going to do when they meet them and as to what rights they have in this matter - this the Holy Qur'an does not determine. However, it does add a remark at the end: إِن يُرِ‌يدَا إِصْلَاحًا يُوَفِّقِ اللَّـهُ بَيْنَهُمَا which means: If these two arbitrators desire to set things right, Allah Almighty will help them bring about harmony between the husband and the wife. So, two things emerge from this sentence:</p><p>1. If both arbitrators have good intentions and genuinely wish to bring about peace between the dissenting couple, there will be unseen help from Allah Almighty and they shall succeed in their mission, and it will be through their efforts that Allah Almighty will create love and harmony in the hearts of the couple. This leads to the conclusion that, in cases where mutual rapport is not restored, it may be because one of the arbitrators lacks perfect sincerity while pursuing the goal of peace-making.</p><p>2. The purpose of appointing these two arbitrators, as also under-stood from this sentence, is to bring about peace and amity between the husband and the wife and does not include anything beyond that. However, it would be something else if the parties affected by the mutual dispute agree to appoint these two arbitrators as their repre-sentatives and their attorneys in all respects in which case they would be admitting that any decision given by the two arbitrators jointly will be acceptable to and binding on both of them. Under this situation, the two arbitrators shall have absolute authority to decide their case. If both agree on divorce as the solution, they can effect a divorce. If they both decide that the women should be released under khul , a form of dissolution of marriage, the khul' shall come into effect, and their decision shall be binding on the parties. From among the pious elders, this is the position held by Hasan al-Basri and Imam Abu Hanifah. (Ruh ai-Ma ani, etc.)</p><p>Cited in this connection is an incident which occurred in the presence of Sayyidna ` Ali ؓ . There too, one finds the proof that the two arbitrators referred to above do not have any intrinsic right other than that of making peace between the husband and wife - unless, of course, the parties concerned authorize them fully to decide as they deem fit. This incident, as narrated by ` Ubaidah al-Salmani, appears in the Sunnan of al-Baihaqi and is being reported below.</p><p>A man and a woman came to Sayyidna ` Ali کَرَّمَ اللہ وجھہ along with groups of people accompanying both. Sayyidna ` Ali کَرَّمَ اللہ وجھہ asked them to appoint an arbitrator, one from the man's family and another from the woman's. When arbitrators were appointed, he addressed them both: 'Do you know your responsibility? Do you know what you have to do? Hear me. If both of you agree to keep the husband and wife together and make peace between them, then do it. And if you come to the conclusion that matters cannot be set right between them or that they will not stay right later on, and both of you concur with the option that a separation between them is the expedient course, then do it.' When the woman heard this, she said: 'I accept this. Let these two arbitrators act in accordance with Divine law and I shall accept any decision they give whether it meets my wishes or goes against.' But, the husband said: 'Separation and divorce are things I am not going to accept under any condition. However, I authorize the arbitrators to ask me to pay whatever financial penalty they impose and let my wife return to me in peace.' Sayyidna ALI کَرَّمَ اللہ وجھہ said: 'No. You too should authorize the arbitrators in the same manner as was done by the woman.'</p><p>From this incident, some mujtahid Imams deduced the principle that these arbitrators have an inherent authority to divorce as was done by Sayyidna ` Ali کَرَّمَ اللہ وجھہ who asked the parties concerned to do that, while the great Imam Abu Hanifah and Hasan al-Basri رحمۃ اللہ علیہما have taken the position that, had it been an inherent power of the arbitrators to divorce there was no need for Sayyidna ` Ali کَرَّمَ اللہ وجھہ to obtain the authorization from the parties concerned. Here, the very effort to seek the agreement of the parties is a proof of the fact that these arbitrators do not have such an inherent power. Nevertheless, they do become authorized if the husband and wife delegate the necessary authority to them.</p><p>This teaching of the Holy Qur'an opens a new outlet of resolving mutual disputes, something which saves people from the botheration of going to courts and government officials and gives them an opportunity to iron out a good deal of their disputes and claims through family-oriented arbitration.</p><p>Arbitration in other disputes as well</p><p>Muslim jurists say that the appointment of two arbitrators to make peace between two parties in dispute, is not limited to the disputes between a husband and a wife. It can be profitably used in other areas of discord. In fact, it should be so used, specially when the parties involved are related to each other, because a court decision is a short-term solution of the basic problem. at happens after is that such decisions leave the germs of hatred and hostility in the hearts of those affected and which reapear after a passage of time in forms that are much too unpleasant. Sayyidna ` Umar, may Allah be pleased with him, had promulgated an order for his judges which said:</p><p>رُدُّوا القضاءَ بَین ذَوِی الاَرحَامِ حَتَّی یصطَلِحُوا فَاِنَّ فصلَ القَضَاءِ یُورِثُ الضَّغَأینَ (معین الحکام، ص 214)</p><p>"Send disputes between relatives back to them so that they make peace with the help of each other, as a court decision breeds heart burnings and hostility.</p><p>Although this Faruqi directive concerns disputes rising in between relatives, yet, the reason given in this directive (that is, court decisions tend to create hatred and hostility in hearts) is a reason which covers not only the relatives but non-relatives as well. Wisdom lies in saving all Muslims from mutual hatred and hostility. Therefore, the Muslim jurists are of the view that it is appropriate for officials and judges that they, before hearing the cases formally, should make an. effort to find a way out whereby the disputing parties get together and agree on mutual conciliation. (See al-Tarablusi, Mu` in al-hukkam p.214 and also Ibn al-Shahnah: Lisn al-hukkam).</p><p>Though brief, yet these two verses present a comprehensive system of family life which, if put into practice, could help eliminate a lot of disputes, hatreds and hostilities from the world. Men and women would live in peace among their families, secure against all those local dissensions which turn into all sorts of tribal, racial, national, even, international feuds.</p><p>In the end, let us recapitulate the great Qur'anic mechanism of how to quash family feuds - a virtual gift to the whole world:</p><p>1. Resolve family disputes within the house using one method after the other.</p><p>2. When this is not possible, government officials or the kinsfolk make peace between the disputing parties through two arbitrators, so that, the dispute does not go out of the larger family circle, even if it goes out of the house itself.</p><p>3. When this too is not possible and the matter goes to the court finally, it is the duty of the judicial authority to investigate into the case background of both parties and come up with a decision which is just.</p><p>It may be noted that by saying إِنَّ اللَّـهَ كَانَ عَلِيمًا خَبِيرً‌ا (Surely, Allah is All-Knowing, All-Aware) warning has been given to the two arbitrators as well to the effect that they should keep in mind that no injustice or crookedness from them will go unnoticed for they shall be appearing before the Being who knows all and is aware of everything.</p>
It is to block the road to this terrible discord that, in the second verse, the Holy Qur'an addresses government authorities of the time, the guardians of the parties concerned and their supporters, and the general body of Muslims, and suggests a decent method which would cool down tempers, shut out avenues of accusations and make a compromise between the affected parties possible, so that the dispute which, no doubt, could not remain restricted to the couple's home, would at least be settled within their families and not go to a court of law to become public knowledge.This particular method requires that concerned officials of the government or the guardians of the parties or a body of Muslims which has the necessary integrity, influence and authority should take charge and appoint two arbitrators to hep bring about a compromise between the parties concerned - taking one arbitrator from the man's family and the other from that of the woman. At both these places, the Holy Qur'an has used the word, "hakam" for these appointees whereby it pin-points the necessary qualifications of these two persons, that is, they should have the capability to decide the dispute between the two. parties; and this capability, as obvious, will be found in a person who is both knowledgeable and trustworthy.In short, the rule that emerges from here is that a "hakam" or arbitrator from the man's family and another from that of the woman should be appointed and sent to the husband and wife. Now, as for what they are going to do when they meet them and as to what rights they have in this matter - this the Holy Qur'an does not determine. However, it does add a remark at the end: إِن يُرِ‌يدَا إِصْلَاحًا يُوَفِّقِ اللَّـهُ بَيْنَهُمَا which means: If these two arbitrators desire to set things right, Allah Almighty will help them bring about harmony between the husband and the wife. So, two things emerge from this sentence:1. If both arbitrators have good intentions and genuinely wish to bring about peace between the dissenting couple, there will be unseen help from Allah Almighty and they shall succeed in their mission, and it will be through their efforts that Allah Almighty will create love and harmony in the hearts of the couple. This leads to the conclusion that, in cases where mutual rapport is not restored, it may be because one of the arbitrators lacks perfect sincerity while pursuing the goal of peace-making.2. The purpose of appointing these two arbitrators, as also under-stood from this sentence, is to bring about peace and amity between the husband and the wife and does not include anything beyond that. However, it would be something else if the parties affected by the mutual dispute agree to appoint these two arbitrators as their repre-sentatives and their attorneys in all respects in which case they would be admitting that any decision given by the two arbitrators jointly will be acceptable to and binding on both of them. Under this situation, the two arbitrators shall have absolute authority to decide their case. If both agree on divorce as the solution, they can effect a divorce. If they both decide that the women should be released under khul , a form of dissolution of marriage, the khul' shall come into effect, and their decision shall be binding on the parties. From among the pious elders, this is the position held by Hasan al-Basri and Imam Abu Hanifah. (Ruh ai-Ma ani, etc.)Cited in this connection is an incident which occurred in the presence of Sayyidna ` Ali ؓ . There too, one finds the proof that the two arbitrators referred to above do not have any intrinsic right other than that of making peace between the husband and wife - unless, of course, the parties concerned authorize them fully to decide as they deem fit. This incident, as narrated by ` Ubaidah al-Salmani, appears in the Sunnan of al-Baihaqi and is being reported below.A man and a woman came to Sayyidna ` Ali کَرَّمَ اللہ وجھہ along with groups of people accompanying both. Sayyidna ` Ali کَرَّمَ اللہ وجھہ asked them to appoint an arbitrator, one from the man's family and another from the woman's. When arbitrators were appointed, he addressed them both: 'Do you know your responsibility? Do you know what you have to do? Hear me. If both of you agree to keep the husband and wife together and make peace between them, then do it. And if you come to the conclusion that matters cannot be set right between them or that they will not stay right later on, and both of you concur with the option that a separation between them is the expedient course, then do it.' When the woman heard this, she said: 'I accept this. Let these two arbitrators act in accordance with Divine law and I shall accept any decision they give whether it meets my wishes or goes against.' But, the husband said: 'Separation and divorce are things I am not going to accept under any condition. However, I authorize the arbitrators to ask me to pay whatever financial penalty they impose and let my wife return to me in peace.' Sayyidna ALI کَرَّمَ اللہ وجھہ said: 'No. You too should authorize the arbitrators in the same manner as was done by the woman.'From this incident, some mujtahid Imams deduced the principle that these arbitrators have an inherent authority to divorce as was done by Sayyidna ` Ali کَرَّمَ اللہ وجھہ who asked the parties concerned to do that, while the great Imam Abu Hanifah and Hasan al-Basri رحمۃ اللہ علیہما have taken the position that, had it been an inherent power of the arbitrators to divorce there was no need for Sayyidna ` Ali کَرَّمَ اللہ وجھہ to obtain the authorization from the parties concerned. Here, the very effort to seek the agreement of the parties is a proof of the fact that these arbitrators do not have such an inherent power. Nevertheless, they do become authorized if the husband and wife delegate the necessary authority to them.This teaching of the Holy Qur'an opens a new outlet of resolving mutual disputes, something which saves people from the botheration of going to courts and government officials and gives them an opportunity to iron out a good deal of their disputes and claims through family-oriented arbitration.Arbitration in other disputes as wellMuslim jurists say that the appointment of two arbitrators to make peace between two parties in dispute, is not limited to the disputes between a husband and a wife. It can be profitably used in other areas of discord. In fact, it should be so used, specially when the parties involved are related to each other, because a court decision is a short-term solution of the basic problem. at happens after is that such decisions leave the germs of hatred and hostility in the hearts of those affected and which reapear after a passage of time in forms that are much too unpleasant. Sayyidna ` Umar, may Allah be pleased with him, had promulgated an order for his judges which said:رُدُّوا القضاءَ بَین ذَوِی الاَرحَامِ حَتَّی یصطَلِحُوا فَاِنَّ فصلَ القَضَاءِ یُورِثُ الضَّغَأینَ (معین الحکام، ص 214)"Send disputes between relatives back to them so that they make peace with the help of each other, as a court decision breeds heart burnings and hostility.Although this Faruqi directive concerns disputes rising in between relatives, yet, the reason given in this directive (that is, court decisions tend to create hatred and hostility in hearts) is a reason which covers not only the relatives but non-relatives as well. Wisdom lies in saving all Muslims from mutual hatred and hostility. Therefore, the Muslim jurists are of the view that it is appropriate for officials and judges that they, before hearing the cases formally, should make an. effort to find a way out whereby the disputing parties get together and agree on mutual conciliation. (See al-Tarablusi, Mu` in al-hukkam p.214 and also Ibn al-Shahnah: Lisn al-hukkam).Though brief, yet these two verses present a comprehensive system of family life which, if put into practice, could help eliminate a lot of disputes, hatreds and hostilities from the world. Men and women would live in peace among their families, secure against all those local dissensions which turn into all sorts of tribal, racial, national, even, international feuds.In the end, let us recapitulate the great Qur'anic mechanism of how to quash family feuds - a virtual gift to the whole world:1. Resolve family disputes within the house using one method after the other.2. When this is not possible, government officials or the kinsfolk make peace between the disputing parties through two arbitrators, so that, the dispute does not go out of the larger family circle, even if it goes out of the house itself.3. When this too is not possible and the matter goes to the court finally, it is the duty of the judicial authority to investigate into the case background of both parties and come up with a decision which is just.It may be noted that by saying إِنَّ اللَّـهَ كَانَ عَلِيمًا خَبِيرً‌ا (Surely, Allah is All-Knowing, All-Aware) warning has been given to the two arbitrators as well to the effect that they should keep in mind that no injustice or crookedness from them will go unnoticed for they shall be appearing before the Being who knows all and is aware of everything.
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وَٱعْبُدُوا۟ ٱللَّهَ وَلَا تُشْرِكُوا۟ بِهِۦ شَيْـًٔا وَبِٱلْوَٰلِدَيْنِ إِحْسَٰنًا وَبِذِى ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينِ وَٱلْجَارِ ذِى ٱلْقُرْبَىٰ وَٱلْجَارِ ٱلْجُنُبِ وَٱلصَّاحِبِ بِٱلْجَنۢبِ وَٱبْنِ ٱلسَّبِيلِ وَمَا مَلَكَتْ أَيْمَٰنُكُمْ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًا فَخُورًا
<p>Sequence</p><p>It will be noticed that human rights have remained the main focus of attention since the beginning of the present Surah upto this point. These related to orphans, the women and inheritance. Taken up now are rights of parents, relatives, neighbours and those of human beings in general. Since a perfect fulfillment of these rights is possible only at the hands of a person whose orientation to Allah, His Messenger and to the answerability of the Last Day is correct and strong, and who avoids miserliness, arrogance and affectation, being impediments to all positive efforts, the text presents the need to believe in the Oneness of Allah, to avoid any association with His pristine divinity, and to stay away. from the rejection of the meeting on the Last Day. Also taken to task are ways of the disbelievers who disobey the Messenger of Allah and revel in their miserliness.</p><p>Commentary</p><p>The reason why Tauhid precedes rights</p><p>There are many wise considerations in opening the roster of rights with the exhortation to worship Allah alone and not to associate with Him anything in that worship. One of these, and a basic one indeed, is having the fear of Allah and the conscious concern to fulfill His rights. A person who is' neglectful on that score can hardly be expected to remain particular about fulfilling the rights of anybody else. He will find one or the other excuse to satisfy his immediate circle of relatives and friends, to keep his prestige in the society or to escape the law of the government. What really forces him to honour human rights, watched or unwatched, is nothing but the fear of Allah and the sense of responsibility before Him. This fear and this Taqwa is achieved through nothing but tauhid, the firm belief in the Oneness of A lah to the total exclusion of everything else in that unicity. This is why it was appropriate to remind man about the Oneness of Allah and the need to worship Him before describing the rights of relatives and others.</p><p>The rights of parents come first after the message of Tauhid</p><p>By taking up the rights of parents immediately after the command to worship Allah as is His due, it is being suggested that, no doubt all blessings and favours are really from Allah Almighty, yet seen in terms of worldly means, the frequency of favours received by man, closest next to those of Allah Almighty, are those he receives from his parents. This is because they are, given the chain of causation, the very fountain-head of their being. And in all those stages of trial from the birth of a child to his young age, the parents are the ones who take care of the being, sustenance and growth of man to the best of their ability and God-given means. This is why the command to worship and obey Allah has also been supplemented with the mention of the rights of parents at other places in the Holy Qur'an. At one place it is said: أَنِ اشْكُرْ‌ لِي وَلِوَالِدَيْكَ (Be grateful to Me, and to your parents.) (31:14). At another place, it is said: وَإِذْ أَخَذْنَا مِيثَاقَ بَنِي إِسْرَ‌ائِيلَ لَا تَعْبُدُونَ إِلَّا اللَّـهَ وَبِالْوَالِدَيْنِ إِحْسَانًا (And when We made the children of Isra'il take a pledge: You shall not worship anyone but Allah; and to parents you shall be good...) (2:83).</p><p>In the verses quoted above, the text does not say that one should fulfill the rights of parents or serve them. The word used here is Ihsan (doing good) which, being far more comprehensive, includes spending to support them as needed, to be of service to them physically when so required, not to talk to them in a voice too sharp or too loud causing disrespect, not to say anything to them which may break their heart, and not to treat their friends and well-wishers in any manner which hurts them. On the contrary, one should do everything possible to comfort and please them. Even if the parents have fallen short in fulfilling the due rights of children, the children should never take it as an excuse for their own ill-treatment.</p><p>Sayyidna Mu` adh ibn Jabal ؓ عنہ says that, out of the ten things the Holy Prophet ﷺ had asked me to be particular about, one was: 'do not associate anyone with Allah even if you are killed or burnt alive'; and the second was: 'Do not disobey or hurt your parents even if they ask you to leave your children and family.'-(Musnad Ahmad)</p><p>Besides the great emphasis laid on obedience to parents and on treating them well as in the sayings of the Holy Prophet ﷺ there are countless merits and grades of reward promised for those who do so: A hadith in al-Bukhari and Muslim reports that the Holy Prophet ﷺ said: 'One who wishes to have his earnings and life increased by the blessing of Allah should fulfill the rights of his relatives.' A narration in Tirmidhi says: 'The pleasure of Allah lies in the pleasure of the father and the displeasure of Allah, in the displeasure of the father.' Al-Baihaqi reports in Shu'ab al-'Iman that the Holy Prophet ﷺ said:, ‘When a son who is obedient to his parents looks at them with love and regard, every glance of his brings forth for him the reward of an accepted Hajj.' According to another narration from al-Baihaqi, the Holy Prophet ﷺ said: 'Allah Almighty forgives most sins but one who disobeys and hurts his parents is condemned to face all sorts of unforeseen troubles right here in this mortal world, much before the ultimate reckoning of the Here after.'</p><p>The emphasis on treating relatives well</p><p>After having mentioned parents, the verse emphasizes the good treatment of all relatives. A very comprehensive and well-known verse of the Qur'an which the Holy Prophet ﷺ very often used to recite at the end of his sermons, presents the same subject in this</p><p>إِنَّ اللَّـهَ يَأْمُرُ‌ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْ‌بَىٰ</p><p>Still being recited in the Khutbah during Friday prayers all over the world, the verse means: 'Allah commands you to do justice and be good to all and to fulfill the rights of the relatives. (16:90) ' This includes serving relatives to the best of one's ability, as well as keeping in touch with them. Sayyidna Salman ibn ` Amir ؓ reports that the Holy Prophet ﷺ said: 'Sadaqah, when given to the poor and needy, surely brings the reward reserved for such charity, but, when given to a kinsman, it brings a twofold reward - one for the charitable giving and the other for having fulfilled the rights imposed by kinship.' (Musnad Ahmad, Nasii, Tirmidhi)</p><p>Let us keep in mind that the need to fulfill the rights of parents is the first priority followed by that of relatives in general.</p><p>The rights of the orphans and the needy</p><p>The third group mentioned in the verse is that of 'the orphans and the needy' whose rights were already taken up in some detail earlier in the Surah. But, by recalling it under the general head of relatives, the hint given is that one should consider helping orphaned children and helpless people as necessary as one would do for his or her own relatives.</p><p>The rights of the neighbour</p><p>Then appears 'the close neighbour' at number four, and the distant neighbour,' at five. The Arabic word, اَلجَار 'al jar' means 'the neighbour'. The verse describes its two kinds - the close and the distant. These two kinds have been explained variously by the noble Companions may Allah be pleased with them all.</p><p>Generally, commentators say that 'a close neighbour' is one who lives next to your house, and 'the distant neighbour' is one who lives at some distance from it.</p><p>Sayyidna ` Abdullah ibn ` Abbas ؓ said that 'a close relative' means one who is a neighbour and a relative at the same time which makes him the holder of two rights; and 'the distant neighbour' means one who is simply a neighbour and is no relative and who has, there-fore, been mentioned later.</p><p>Some commentators have said that 'a close neighbour' is one who is part of the Muslim community and is a Muslim while 'a distant neighbour' refers to a non-Muslim neighbour.</p><p>The truth of the matter is that the words of the Holy Qur'an lend to all these probable meanings. It is no doubt reasonable and lawful to have a difference in degrees between different neighbours, either on the basis of their being relative or non-relative, or on the basis of their being Muslim or non-Muslim. However, it is agreed upon that a neighbour, close or distant, related or unrelated, Muslim or non-Muslim, has the essential right that he be helped and cared for to the best of one's ability.</p><p>However, a person who has some other right as well, besides his right as a neighbour, he will have a degree of precedence as compared to others. The Holy Prophet has himself explained this when he said: 'Some neighbours have one right, some others have two, still some others have three. The neighbour with one right is a non-Muslim with no bond of kinship; the neighbour with two rights is not only a neighbour but a Muslim too; the neighbour with three rights is a neighbour, a Muslim and a relative, all in one. (Ibn Kathir)</p><p>The Holy Prophet ﷺ said: 'Jibra'il has always been telling me to be helpful and caring with one's neighbour, so much so that I started thinking that may be the neighbours will also be included as sharers in inheritance. (al-Bukhari and Muslim)</p><p>According to a narration in al-Tirmidhi and the Musnad of Ahmad, the Holy Prophet ﷺ said: 'The best and the most superior is the best in relationship with his neighbours'. And a hadith in the Musnad of Ahmad reports: 'It is not permissible for a neighbour to eat his fill while his next door neighbour is hungry.'</p><p>The right of the Companion at your side</p><p>Mentioned at number six is 'the companion at your side'. Translated literally, it includes a travel companion sitting by your side in a rail compartment, an aero plane, a bus or a car. It also includes a person who is sitting with you in any common meeting.</p><p>The way the Shari’ ah of Islam has made the rights of regular neighbours, close or distant, a matter of obligation, it has likewise made equally obligatory the right of good company enjoyed by a person who sits next to somebody for a little while in some meeting or journey - which includes everyone, Muslim or non-Muslim, related or unrelated, as equals. The instruction to treat such a person nicely is significant, the lowest degree of which is that you cause no pain to anyone with your word or deed, you say nothing which may hurt the feelings of the other person, you do nothing which embarrasses, annoys or troubles him, such as, a puff of cigarette blown towards his face, or a spit of things chewed deposited by his side, or a style of sitting which leaves very little space for the other person to sit.</p><p>No wonder, if people started following this instruction of the Holy Qur'an, the common disputes between passengers of trains, particularly in countries with overcrowded modes of transportation, would be all over - if everyone were to think that he needs just about enough space to seat one person. This much is his right, but he does not have the right to occupy anymore space beyond that. The person sitting next to him has as much right to sit in that train as he does.</p><p>Some commentators have said that 'a distant neighbour' includes everyone who works by your side in some job or vocation, in industry or wage-earning, in office work, whether on the station of duty, or in travel. (Ruh al-Ma` ini)</p><p>The right of the wayfarer</p><p>This appears at number seven. A wayfarer is a person who, during your tavel status, comes to you, or becomes your guest. Since this stranger Muslim or non-Muslim has no relative or friend around in the given situation, the Holy Qur'an by considering his predicament as a human being - has made the fulfillment of his right too as something obligatory. It means that one should treat him well, as much as possible and convenient.</p><p>The rights of bondmen, bondwomen, servants and employees</p><p>Concluding the list at number eight, it is said: وَمَا مَلَكَتْ أَيْمَانُكُمْ (and those owned by you) which means bondmen and bondwomen owned. Their right too - that they be treated well - has been made equally obligatory. It means that one should not fall short in making sure that they have food to eat and dress to wear, and also that they are not burdened with jobs beyond their ability to handle.</p><p>Though, given the lexical meaning of the verse which is clearly referring to 'the owned', that is, the bondmen and bondwomen, but as based on the same analogy and on the sayings of the Holy Prophet g these rules cover servants and employees as well, for they too have the same right. There should be no niggardliness or delay in giving them their due salary, meals and so forth, and also that they are not burdened with jobs beyond their ability.</p><p>Arrogance hinders the fulfillment of rights</p><p>The last sentence of verse 36: إِنَّ اللَّـهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًا فَخُورً‌ا (Surely, Allah does not like those who are arrogant, proud) is really a unifying complement of what has been said immediately earlier. In other words, anyone falling short of fulfilling the rights of the eight kinds of people serially mentioned earlier, must be none else but the arrogant and the proud - those who have an offensively heightened sense of superiority and those who love lording over others to exact esteem from them. May Allah keep all Muslims safe from it.</p><p>There are many ahadith carrying stern warnings against arrogance and pre-Islamic vainglory:</p><p>عن ابن مسعود ؓ قال : قَالَ رسول اللہ ﷺ لا یدخل النار احد فی قلبہ مثقال حبَۃ من خردل من ایمان ولا یدخل الجنۃ احد فی قلبہ مثقال حبَّہ من خردل من کِبِر (مشکوۃ ص 433 بحوالہ مسلم)</p><p>Sayyidna Ibn Masud ؓ has narrated that the Holy Prophet ﷺ said: 'A person who has in his heart faith worth the weight of a mustard seed will not go to the Hell; and a person who has in his heart arrogance worth the weight of a mustard seed will not go to Paradise.' (Mishkit, p. 433, vide Muslim)</p><p>Quoted here is another hadith which also carries a definition of arrogance:</p><p>عن ابن مسعود ؓ قال : قَالَ رسول اللہ ﷺ لا یدخل الجنۃ مَن کانَ فی قلبہ مثقال ذَرَّۃ من کِبِر ، فقالرجل ا الرجل یحب ان یکون ثوبہ حسنَا، قال ان اللہ تعالیٰ جمیل یحِّب الجمال، الکبربطر الحق و غمط الناس (مشکوۃ ص 433 بحوالہ مسلم)</p><p>Sayyidna Ibn Masud ؓ has narrated that the Holy Prophet ﷺ said: 'Whoever has in his heart arrogance worth the weight of a particle will not go to Paradise. Then, someone asked: 'How about people who like that their clothes be good and their shoes too ... (Is this arrogance?) ' He said: 'Allah is beautiful;-He likes beauty. Arrogance is wanton disregard of the (other person's) right and the holding of people in contempt.' (Mishkit, p. 433, vide Muslim)</p>
SequenceIt will be noticed that human rights have remained the main focus of attention since the beginning of the present Surah upto this point. These related to orphans, the women and inheritance. Taken up now are rights of parents, relatives, neighbours and those of human beings in general. Since a perfect fulfillment of these rights is possible only at the hands of a person whose orientation to Allah, His Messenger and to the answerability of the Last Day is correct and strong, and who avoids miserliness, arrogance and affectation, being impediments to all positive efforts, the text presents the need to believe in the Oneness of Allah, to avoid any association with His pristine divinity, and to stay away. from the rejection of the meeting on the Last Day. Also taken to task are ways of the disbelievers who disobey the Messenger of Allah and revel in their miserliness.CommentaryThe reason why Tauhid precedes rightsThere are many wise considerations in opening the roster of rights with the exhortation to worship Allah alone and not to associate with Him anything in that worship. One of these, and a basic one indeed, is having the fear of Allah and the conscious concern to fulfill His rights. A person who is' neglectful on that score can hardly be expected to remain particular about fulfilling the rights of anybody else. He will find one or the other excuse to satisfy his immediate circle of relatives and friends, to keep his prestige in the society or to escape the law of the government. What really forces him to honour human rights, watched or unwatched, is nothing but the fear of Allah and the sense of responsibility before Him. This fear and this Taqwa is achieved through nothing but tauhid, the firm belief in the Oneness of A lah to the total exclusion of everything else in that unicity. This is why it was appropriate to remind man about the Oneness of Allah and the need to worship Him before describing the rights of relatives and others.The rights of parents come first after the message of TauhidBy taking up the rights of parents immediately after the command to worship Allah as is His due, it is being suggested that, no doubt all blessings and favours are really from Allah Almighty, yet seen in terms of worldly means, the frequency of favours received by man, closest next to those of Allah Almighty, are those he receives from his parents. This is because they are, given the chain of causation, the very fountain-head of their being. And in all those stages of trial from the birth of a child to his young age, the parents are the ones who take care of the being, sustenance and growth of man to the best of their ability and God-given means. This is why the command to worship and obey Allah has also been supplemented with the mention of the rights of parents at other places in the Holy Qur'an. At one place it is said: أَنِ اشْكُرْ‌ لِي وَلِوَالِدَيْكَ (Be grateful to Me, and to your parents.) (31:14). At another place, it is said: وَإِذْ أَخَذْنَا مِيثَاقَ بَنِي إِسْرَ‌ائِيلَ لَا تَعْبُدُونَ إِلَّا اللَّـهَ وَبِالْوَالِدَيْنِ إِحْسَانًا (And when We made the children of Isra'il take a pledge: You shall not worship anyone but Allah; and to parents you shall be good...) (2:83).In the verses quoted above, the text does not say that one should fulfill the rights of parents or serve them. The word used here is Ihsan (doing good) which, being far more comprehensive, includes spending to support them as needed, to be of service to them physically when so required, not to talk to them in a voice too sharp or too loud causing disrespect, not to say anything to them which may break their heart, and not to treat their friends and well-wishers in any manner which hurts them. On the contrary, one should do everything possible to comfort and please them. Even if the parents have fallen short in fulfilling the due rights of children, the children should never take it as an excuse for their own ill-treatment.Sayyidna Mu` adh ibn Jabal ؓ عنہ says that, out of the ten things the Holy Prophet ﷺ had asked me to be particular about, one was: 'do not associate anyone with Allah even if you are killed or burnt alive'; and the second was: 'Do not disobey or hurt your parents even if they ask you to leave your children and family.'-(Musnad Ahmad)Besides the great emphasis laid on obedience to parents and on treating them well as in the sayings of the Holy Prophet ﷺ there are countless merits and grades of reward promised for those who do so: A hadith in al-Bukhari and Muslim reports that the Holy Prophet ﷺ said: 'One who wishes to have his earnings and life increased by the blessing of Allah should fulfill the rights of his relatives.' A narration in Tirmidhi says: 'The pleasure of Allah lies in the pleasure of the father and the displeasure of Allah, in the displeasure of the father.' Al-Baihaqi reports in Shu'ab al-'Iman that the Holy Prophet ﷺ said:, ‘When a son who is obedient to his parents looks at them with love and regard, every glance of his brings forth for him the reward of an accepted Hajj.' According to another narration from al-Baihaqi, the Holy Prophet ﷺ said: 'Allah Almighty forgives most sins but one who disobeys and hurts his parents is condemned to face all sorts of unforeseen troubles right here in this mortal world, much before the ultimate reckoning of the Here after.'The emphasis on treating relatives wellAfter having mentioned parents, the verse emphasizes the good treatment of all relatives. A very comprehensive and well-known verse of the Qur'an which the Holy Prophet ﷺ very often used to recite at the end of his sermons, presents the same subject in thisإِنَّ اللَّـهَ يَأْمُرُ‌ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْ‌بَىٰStill being recited in the Khutbah during Friday prayers all over the world, the verse means: 'Allah commands you to do justice and be good to all and to fulfill the rights of the relatives. (16:90) ' This includes serving relatives to the best of one's ability, as well as keeping in touch with them. Sayyidna Salman ibn ` Amir ؓ reports that the Holy Prophet ﷺ said: 'Sadaqah, when given to the poor and needy, surely brings the reward reserved for such charity, but, when given to a kinsman, it brings a twofold reward - one for the charitable giving and the other for having fulfilled the rights imposed by kinship.' (Musnad Ahmad, Nasii, Tirmidhi)Let us keep in mind that the need to fulfill the rights of parents is the first priority followed by that of relatives in general.The rights of the orphans and the needyThe third group mentioned in the verse is that of 'the orphans and the needy' whose rights were already taken up in some detail earlier in the Surah. But, by recalling it under the general head of relatives, the hint given is that one should consider helping orphaned children and helpless people as necessary as one would do for his or her own relatives.The rights of the neighbourThen appears 'the close neighbour' at number four, and the distant neighbour,' at five. The Arabic word, اَلجَار 'al jar' means 'the neighbour'. The verse describes its two kinds - the close and the distant. These two kinds have been explained variously by the noble Companions may Allah be pleased with them all.Generally, commentators say that 'a close neighbour' is one who lives next to your house, and 'the distant neighbour' is one who lives at some distance from it.Sayyidna ` Abdullah ibn ` Abbas ؓ said that 'a close relative' means one who is a neighbour and a relative at the same time which makes him the holder of two rights; and 'the distant neighbour' means one who is simply a neighbour and is no relative and who has, there-fore, been mentioned later.Some commentators have said that 'a close neighbour' is one who is part of the Muslim community and is a Muslim while 'a distant neighbour' refers to a non-Muslim neighbour.The truth of the matter is that the words of the Holy Qur'an lend to all these probable meanings. It is no doubt reasonable and lawful to have a difference in degrees between different neighbours, either on the basis of their being relative or non-relative, or on the basis of their being Muslim or non-Muslim. However, it is agreed upon that a neighbour, close or distant, related or unrelated, Muslim or non-Muslim, has the essential right that he be helped and cared for to the best of one's ability.However, a person who has some other right as well, besides his right as a neighbour, he will have a degree of precedence as compared to others. The Holy Prophet has himself explained this when he said: 'Some neighbours have one right, some others have two, still some others have three. The neighbour with one right is a non-Muslim with no bond of kinship; the neighbour with two rights is not only a neighbour but a Muslim too; the neighbour with three rights is a neighbour, a Muslim and a relative, all in one. (Ibn Kathir)The Holy Prophet ﷺ said: 'Jibra'il has always been telling me to be helpful and caring with one's neighbour, so much so that I started thinking that may be the neighbours will also be included as sharers in inheritance. (al-Bukhari and Muslim)According to a narration in al-Tirmidhi and the Musnad of Ahmad, the Holy Prophet ﷺ said: 'The best and the most superior is the best in relationship with his neighbours'. And a hadith in the Musnad of Ahmad reports: 'It is not permissible for a neighbour to eat his fill while his next door neighbour is hungry.'The right of the Companion at your sideMentioned at number six is 'the companion at your side'. Translated literally, it includes a travel companion sitting by your side in a rail compartment, an aero plane, a bus or a car. It also includes a person who is sitting with you in any common meeting.The way the Shari’ ah of Islam has made the rights of regular neighbours, close or distant, a matter of obligation, it has likewise made equally obligatory the right of good company enjoyed by a person who sits next to somebody for a little while in some meeting or journey - which includes everyone, Muslim or non-Muslim, related or unrelated, as equals. The instruction to treat such a person nicely is significant, the lowest degree of which is that you cause no pain to anyone with your word or deed, you say nothing which may hurt the feelings of the other person, you do nothing which embarrasses, annoys or troubles him, such as, a puff of cigarette blown towards his face, or a spit of things chewed deposited by his side, or a style of sitting which leaves very little space for the other person to sit.No wonder, if people started following this instruction of the Holy Qur'an, the common disputes between passengers of trains, particularly in countries with overcrowded modes of transportation, would be all over - if everyone were to think that he needs just about enough space to seat one person. This much is his right, but he does not have the right to occupy anymore space beyond that. The person sitting next to him has as much right to sit in that train as he does.Some commentators have said that 'a distant neighbour' includes everyone who works by your side in some job or vocation, in industry or wage-earning, in office work, whether on the station of duty, or in travel. (Ruh al-Ma` ini)The right of the wayfarerThis appears at number seven. A wayfarer is a person who, during your tavel status, comes to you, or becomes your guest. Since this stranger Muslim or non-Muslim has no relative or friend around in the given situation, the Holy Qur'an by considering his predicament as a human being - has made the fulfillment of his right too as something obligatory. It means that one should treat him well, as much as possible and convenient.The rights of bondmen, bondwomen, servants and employeesConcluding the list at number eight, it is said: وَمَا مَلَكَتْ أَيْمَانُكُمْ (and those owned by you) which means bondmen and bondwomen owned. Their right too - that they be treated well - has been made equally obligatory. It means that one should not fall short in making sure that they have food to eat and dress to wear, and also that they are not burdened with jobs beyond their ability to handle.Though, given the lexical meaning of the verse which is clearly referring to 'the owned', that is, the bondmen and bondwomen, but as based on the same analogy and on the sayings of the Holy Prophet g these rules cover servants and employees as well, for they too have the same right. There should be no niggardliness or delay in giving them their due salary, meals and so forth, and also that they are not burdened with jobs beyond their ability.Arrogance hinders the fulfillment of rightsThe last sentence of verse 36: إِنَّ اللَّـهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًا فَخُورً‌ا (Surely, Allah does not like those who are arrogant, proud) is really a unifying complement of what has been said immediately earlier. In other words, anyone falling short of fulfilling the rights of the eight kinds of people serially mentioned earlier, must be none else but the arrogant and the proud - those who have an offensively heightened sense of superiority and those who love lording over others to exact esteem from them. May Allah keep all Muslims safe from it.There are many ahadith carrying stern warnings against arrogance and pre-Islamic vainglory:عن ابن مسعود ؓ قال : قَالَ رسول اللہ ﷺ لا یدخل النار احد فی قلبہ مثقال حبَۃ من خردل من ایمان ولا یدخل الجنۃ احد فی قلبہ مثقال حبَّہ من خردل من کِبِر (مشکوۃ ص 433 بحوالہ مسلم)Sayyidna Ibn Masud ؓ has narrated that the Holy Prophet ﷺ said: 'A person who has in his heart faith worth the weight of a mustard seed will not go to the Hell; and a person who has in his heart arrogance worth the weight of a mustard seed will not go to Paradise.' (Mishkit, p. 433, vide Muslim)Quoted here is another hadith which also carries a definition of arrogance:عن ابن مسعود ؓ قال : قَالَ رسول اللہ ﷺ لا یدخل الجنۃ مَن کانَ فی قلبہ مثقال ذَرَّۃ من کِبِر ، فقالرجل ا الرجل یحب ان یکون ثوبہ حسنَا، قال ان اللہ تعالیٰ جمیل یحِّب الجمال، الکبربطر الحق و غمط الناس (مشکوۃ ص 433 بحوالہ مسلم)Sayyidna Ibn Masud ؓ has narrated that the Holy Prophet ﷺ said: 'Whoever has in his heart arrogance worth the weight of a particle will not go to Paradise. Then, someone asked: 'How about people who like that their clothes be good and their shoes too ... (Is this arrogance?) ' He said: 'Allah is beautiful;-He likes beauty. Arrogance is wanton disregard of the (other person's) right and the holding of people in contempt.' (Mishkit, p. 433, vide Muslim)
36
4
ٱلَّذِينَ يَبْخَلُونَ وَيَأْمُرُونَ ٱلنَّاسَ بِٱلْبُخْلِ وَيَكْتُمُونَ مَآ ءَاتَىٰهُمُ ٱللَّهُ مِن فَضْلِهِۦ وَأَعْتَدْنَا لِلْكَٰفِرِينَ عَذَابًا مُّهِينًا
<p>Then begins verse 37 with الَّذِينَ يَبْخَلُونَ which describes the nature of the arrogant who are stingy in giving rights which it is obligatory to give, fail to understand their responsibilities and go on to the negative extreme of persuading others to take to this bad habit through their word and deed.</p><p>The verse has used the word, 'bukhl' (niggardliness) to describe this trait of character, a word which, in the generally approved sense, is applied for shortcoming in giving financial rights. But, looking at the background of the verse's revelation, it becomes obvious that the word, 'bukhl' has been used here in its general sense which includes close-fistedness in money and knowledge both.</p><p>A narration from Sayyidna Ibn ` Abbas ؓ tells us that this verse was revealed about the Jews of Madinah. They were very arrogant, and extremely miserly. When it came to spending money, they were miserably miserly. They also concealed the knowledge they received through their Scriptures which carried the prophecies about the coming of the Holy Prophet ﷺ . These also included clear signs of his appearance. But, the Jews, despite being convinced of these prophecies, acted niggardly. They never acted to fulfill the dictates of this knowledge, neither did they pass on the message to others who could act in accordance with it.</p><p>Based on this, it is then said that people who are miserly with wealth given by Allah - in matters of knowledge and faith - are ungrateful to Allah and fail to acknowledge His blessings. For them Allah has prepared a humiliating punishment which they cannot escape.</p><p>About the merit of giving and the demerit of miserliness, the Holy Prophet LI has said:</p><p>مَا مِن یوم یصبح العباد فیہ الا ملکان ینزلان فیقول احدھما اللھم اعط منفقاً خلفاً و یقول الاخر اللھم اعط ممسکا تلفاً (بخاری و مسلم)</p><p>"Every morning two angels descend. One of them says: 'O Allah, bless him who spends in the way of good'; and the other says: '0 Allah, send destruction on (the wealth of) the miser."' (al-Bukhari Muslim, from Abu Hurairah ؓ .</p><p>عَن اسماء ؓ قالت : قال رسول اللہ ﷺ انفقی ولا تحصی اللہ علیک ولا توعی فیوعی اللہ علیک وارضخی مَا ستطعت ط (بخاری و مسلم)</p><p>'Give. Do not calculate, for Allah will then calculate in your case. And do not withhold, for Allah will then withhold in your case. And give whatever you can." (al-Bukhari Muslim from Sayyidah Asma' ؓ</p><p>Sayyidna Abu Hurairah ؓ عنہ narrates that the Holy Prophet ﷺ said:</p><p>الخیُّ قریب من اللہ، قریب من الجنۃ، قریب من الناس، والبخیل بعید من اللہ ، بعید من الجنۃ ، بعید من الناس قریب من النارط والجاہل سخی احب الی اللہ من عابد بخیل۔ (ترمذی)</p><p>"The generous person is close to Allah, close to Paradise, close to people; while the miser is far from Allah, far from Paradise, far from people - close to the fire; and the generous ignoramus is dearer to Allah than a miserly devotee. (a person who has devoted himself for worship) " (Tirmidhi)</p><p>Sayyidna Abu Said ؓ narrates that the Holy Prophet ﷺ said:</p><p>و عن ابی سعید قال : قالَ رسول اللہ ﷺ خصلتان لا تجتمعان فی مؤمن، البخل و سوء الخلق (مرمذی)</p><p>"Two traits cannot get combined in a true Muslim: miserliness and bad morals." (Tirmidhi)</p>
Then begins verse 37 with الَّذِينَ يَبْخَلُونَ which describes the nature of the arrogant who are stingy in giving rights which it is obligatory to give, fail to understand their responsibilities and go on to the negative extreme of persuading others to take to this bad habit through their word and deed.The verse has used the word, 'bukhl' (niggardliness) to describe this trait of character, a word which, in the generally approved sense, is applied for shortcoming in giving financial rights. But, looking at the background of the verse's revelation, it becomes obvious that the word, 'bukhl' has been used here in its general sense which includes close-fistedness in money and knowledge both.A narration from Sayyidna Ibn ` Abbas ؓ tells us that this verse was revealed about the Jews of Madinah. They were very arrogant, and extremely miserly. When it came to spending money, they were miserably miserly. They also concealed the knowledge they received through their Scriptures which carried the prophecies about the coming of the Holy Prophet ﷺ . These also included clear signs of his appearance. But, the Jews, despite being convinced of these prophecies, acted niggardly. They never acted to fulfill the dictates of this knowledge, neither did they pass on the message to others who could act in accordance with it.Based on this, it is then said that people who are miserly with wealth given by Allah - in matters of knowledge and faith - are ungrateful to Allah and fail to acknowledge His blessings. For them Allah has prepared a humiliating punishment which they cannot escape.About the merit of giving and the demerit of miserliness, the Holy Prophet LI has said:مَا مِن یوم یصبح العباد فیہ الا ملکان ینزلان فیقول احدھما اللھم اعط منفقاً خلفاً و یقول الاخر اللھم اعط ممسکا تلفاً (بخاری و مسلم)"Every morning two angels descend. One of them says: 'O Allah, bless him who spends in the way of good'; and the other says: '0 Allah, send destruction on (the wealth of) the miser."' (al-Bukhari Muslim, from Abu Hurairah ؓ .عَن اسماء ؓ قالت : قال رسول اللہ ﷺ انفقی ولا تحصی اللہ علیک ولا توعی فیوعی اللہ علیک وارضخی مَا ستطعت ط (بخاری و مسلم)'Give. Do not calculate, for Allah will then calculate in your case. And do not withhold, for Allah will then withhold in your case. And give whatever you can." (al-Bukhari Muslim from Sayyidah Asma' ؓSayyidna Abu Hurairah ؓ عنہ narrates that the Holy Prophet ﷺ said:الخیُّ قریب من اللہ، قریب من الجنۃ، قریب من الناس، والبخیل بعید من اللہ ، بعید من الجنۃ ، بعید من الناس قریب من النارط والجاہل سخی احب الی اللہ من عابد بخیل۔ (ترمذی)"The generous person is close to Allah, close to Paradise, close to people; while the miser is far from Allah, far from Paradise, far from people - close to the fire; and the generous ignoramus is dearer to Allah than a miserly devotee. (a person who has devoted himself for worship) " (Tirmidhi)Sayyidna Abu Said ؓ narrates that the Holy Prophet ﷺ said:و عن ابی سعید قال : قالَ رسول اللہ ﷺ خصلتان لا تجتمعان فی مؤمن، البخل و سوء الخلق (مرمذی)"Two traits cannot get combined in a true Muslim: miserliness and bad morals." (Tirmidhi)
37
4
وَٱلَّذِينَ يُنفِقُونَ أَمْوَٰلَهُمْ رِئَآءَ ٱلنَّاسِ وَلَا يُؤْمِنُونَ بِٱللَّهِ وَلَا بِٱلْيَوْمِ ٱلْءَاخِرِ وَمَن يَكُنِ ٱلشَّيْطَٰنُ لَهُۥ قَرِينًا فَسَآءَ قَرِينًا
<p>Inverse 38, beginning with the words, وَالَّذِينَ يُنفِقُونَ another trait in the character of the arrogant has been described. Ordinarily they themselves hold back any spending in the way of Allah and persuade others to do the same. Nevertheless, when they wish to show off before people, they do spend. Since these people do not believe in Allah and the Last Day, the question of spending their wealth for the good pleasure of Allah and with the intention of earning rewards in the life to-come just does not arise. Such people are the accomplices of Satan, therefore, the end of it all will be no different than the end of their comrade Satan.</p><p>This verse tells us that the way it is disgraceful to be niggardly and tardy in fulfilling due rights, very similarly, it is also extremely bad to spend to show off or to spend on heads which are purposeless. A good deed aimed at drawing applause from people - and which is not for Allah exclusively - is a deed not acceptable in the sight of Allah. In hadith, it has been declared as shirk (associating others in the divinity of Allah).</p><p>Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said:</p><p>قال اللہ تعالیٰ انا اغنی الشرکاء عن الشرک من عمل عملاً اشرک فیہ معی غیری ترکتہ و شرکہ</p><p>"Allah Almighty says: I am absolutely free of any need to have partners. Whoever does a (good) deed and associates in it someone else with Me, I leave him (un أ helped) with this deed (of associating partners with Me) ".</p><p>Sayyidna Shaddad ibn Aws ؓ narrates that he heard the Holy Prophet ﷺ say:</p><p>عن شداد بن اوس قال سمعت رسول اللہ ﷺ مَن صَلَّی یرایٔ فقد اشرک، و مَن صَامَ یرایٔ فقد اشرک، ومَن تصدَّق یرایٔ فقد اشرک (احمد بحوالہ مشکوۃ)</p><p>"Whoever performed salah to show off, committed shirk; and whoever fasted to show off, committed shirk; and whoever gave in charity to show off, committed shirk." (Ahmad, as cited by Mishkat).</p><p>Sayyidna Mahmud ibn Labid ؓ عنہ narrates that the Holy Prophet ﷺ said:</p><p>عن محمود بن لبید اَنَّ النبی ﷺ قال اَن اخاف علیک الشرک الاصغر، قالوا : یا رسول اللہ وَ مَااشرک الاصغر ؟ قال : الرِّیاء (احمد بحوالہ مشکوۃ)</p><p>"What fills me with grave apprehensions about you is the minor shirk." The Companions asked: "0 Messenger of Allah, what is the minor shirk?" He said: "riya' (i.e. to do a good deed just to show off' ). (Ahmad, as cited by Mishkat)</p><p>Here, a narration from al-Baihaqi adds that, on the Day of Doom, when the reward for good deeds will be given out, Allah Almighty will say to the persons committing riya' i.e. the persons who did good deed just to earn the applause of the people:</p><p>"Go to those you wanted to see you doing good deeds in the mortal world and then find out for yourself if they have the reward for your deeds."</p>
Inverse 38, beginning with the words, وَالَّذِينَ يُنفِقُونَ another trait in the character of the arrogant has been described. Ordinarily they themselves hold back any spending in the way of Allah and persuade others to do the same. Nevertheless, when they wish to show off before people, they do spend. Since these people do not believe in Allah and the Last Day, the question of spending their wealth for the good pleasure of Allah and with the intention of earning rewards in the life to-come just does not arise. Such people are the accomplices of Satan, therefore, the end of it all will be no different than the end of their comrade Satan.This verse tells us that the way it is disgraceful to be niggardly and tardy in fulfilling due rights, very similarly, it is also extremely bad to spend to show off or to spend on heads which are purposeless. A good deed aimed at drawing applause from people - and which is not for Allah exclusively - is a deed not acceptable in the sight of Allah. In hadith, it has been declared as shirk (associating others in the divinity of Allah).Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said:قال اللہ تعالیٰ انا اغنی الشرکاء عن الشرک من عمل عملاً اشرک فیہ معی غیری ترکتہ و شرکہ"Allah Almighty says: I am absolutely free of any need to have partners. Whoever does a (good) deed and associates in it someone else with Me, I leave him (un أ helped) with this deed (of associating partners with Me) ".Sayyidna Shaddad ibn Aws ؓ narrates that he heard the Holy Prophet ﷺ say:عن شداد بن اوس قال سمعت رسول اللہ ﷺ مَن صَلَّی یرایٔ فقد اشرک، و مَن صَامَ یرایٔ فقد اشرک، ومَن تصدَّق یرایٔ فقد اشرک (احمد بحوالہ مشکوۃ)"Whoever performed salah to show off, committed shirk; and whoever fasted to show off, committed shirk; and whoever gave in charity to show off, committed shirk." (Ahmad, as cited by Mishkat).Sayyidna Mahmud ibn Labid ؓ عنہ narrates that the Holy Prophet ﷺ said:عن محمود بن لبید اَنَّ النبی ﷺ قال اَن اخاف علیک الشرک الاصغر، قالوا : یا رسول اللہ وَ مَااشرک الاصغر ؟ قال : الرِّیاء (احمد بحوالہ مشکوۃ)"What fills me with grave apprehensions about you is the minor shirk." The Companions asked: "0 Messenger of Allah, what is the minor shirk?" He said: "riya' (i.e. to do a good deed just to show off' ). (Ahmad, as cited by Mishkat)Here, a narration from al-Baihaqi adds that, on the Day of Doom, when the reward for good deeds will be given out, Allah Almighty will say to the persons committing riya' i.e. the persons who did good deed just to earn the applause of the people:"Go to those you wanted to see you doing good deeds in the mortal world and then find out for yourself if they have the reward for your deeds."
38
4
وَمَاذَا عَلَيْهِمْ لَوْ ءَامَنُوا۟ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ وَأَنفَقُوا۟ مِمَّا رَزَقَهُمُ ٱللَّهُ وَكَانَ ٱللَّهُ بِهِمْ عَلِيمًا
<p>Previous verses carried the condemnation of those who refused to believe in Allah and in the Akhirah and were miserly. The present verses persuade people to believe in Allah and the Akhirah and engage in the gainful activity of spending in the way of Allah. Then, towards the end (41-42), a description of the trying situations prevailing on the plains of Resurrection appears to warn people, who refuse to believe and refuse to do what is good, of their evil end.</p><p>Commentary</p><p>In the first verse (39): وَمَاذَا عَلَيْهِمْ لَوْ آمَنُوا بِاللَّـهِ it is said: What conceivable harm could have affected them if they had believed in Allah and the Last Day and spent out of what Allah had given them? at is so tough, difficult or frightening about it? All these are as easy as they come. Going by them, taking to them and believing in them does not hurt or harm or cause any inconvenience. Why then, would someone elect to be disobedient, the certain outcome of which is nothing but disaster in the Akhirah?</p>
Previous verses carried the condemnation of those who refused to believe in Allah and in the Akhirah and were miserly. The present verses persuade people to believe in Allah and the Akhirah and engage in the gainful activity of spending in the way of Allah. Then, towards the end (41-42), a description of the trying situations prevailing on the plains of Resurrection appears to warn people, who refuse to believe and refuse to do what is good, of their evil end.CommentaryIn the first verse (39): وَمَاذَا عَلَيْهِمْ لَوْ آمَنُوا بِاللَّـهِ it is said: What conceivable harm could have affected them if they had believed in Allah and the Last Day and spent out of what Allah had given them? at is so tough, difficult or frightening about it? All these are as easy as they come. Going by them, taking to them and believing in them does not hurt or harm or cause any inconvenience. Why then, would someone elect to be disobedient, the certain outcome of which is nothing but disaster in the Akhirah?
39
4
إِنَّ ٱللَّهَ لَا يَظْلِمُ مِثْقَالَ ذَرَّةٍ وَإِن تَكُ حَسَنَةً يُضَٰعِفْهَا وَيُؤْتِ مِن لَّدُنْهُ أَجْرًا عَظِيمًا
<p>The text, then, says: إِنَّ اللَّـهَ لَا يَظْلِمُ مِثْقَالَ ذَرَّ‌ةٍ , (40), that is, Allah Almighty does not allow the reward of good deeds from anyone be reduced in any manner or quantity whatsoever. In fact, He adds extra rewards, in multiples, in special Divine favours, and the life of Akhirah will witness this supreme mercy of the Lord.</p><p>With Allah, the least human measure of thawab or reward is that one good deed gets recorded as ten. Then, this does not stop at that; through sheer mercy and grace, Allah bestows manifold increase into this treasure of good deeds. Some hadith narrations tell us that there are deeds the reward for which rises as high as two million times. The truth of the matter is that Allah is al-Karim, the most-noble, the most-generous - He Himself, in His limitless mercy and grace, so increases the quantum of his blessing on His servants that it simply cannot be counted or measured in our human terms. The extents of His generosity and the dimensions of His very Being are beyond human conceptualization - who can dare calculate the incalculable?</p><p>Incidentally, the word, ذَرَّ‌ةٍ : dharrah" appearing in this verse has been translated here as 'particle' following the generally recognized meaning it carries. However, some commentators have pointed out that 'dharrah' is the name of the smallest kind of red ant which the people of Arabia used to cite as an example of something very light and insignificantly small.</p>
The text, then, says: إِنَّ اللَّـهَ لَا يَظْلِمُ مِثْقَالَ ذَرَّ‌ةٍ , (40), that is, Allah Almighty does not allow the reward of good deeds from anyone be reduced in any manner or quantity whatsoever. In fact, He adds extra rewards, in multiples, in special Divine favours, and the life of Akhirah will witness this supreme mercy of the Lord.With Allah, the least human measure of thawab or reward is that one good deed gets recorded as ten. Then, this does not stop at that; through sheer mercy and grace, Allah bestows manifold increase into this treasure of good deeds. Some hadith narrations tell us that there are deeds the reward for which rises as high as two million times. The truth of the matter is that Allah is al-Karim, the most-noble, the most-generous - He Himself, in His limitless mercy and grace, so increases the quantum of his blessing on His servants that it simply cannot be counted or measured in our human terms. The extents of His generosity and the dimensions of His very Being are beyond human conceptualization - who can dare calculate the incalculable?Incidentally, the word, ذَرَّ‌ةٍ : dharrah" appearing in this verse has been translated here as 'particle' following the generally recognized meaning it carries. However, some commentators have pointed out that 'dharrah' is the name of the smallest kind of red ant which the people of Arabia used to cite as an example of something very light and insignificantly small.
40
4
فَكَيْفَ إِذَا جِئْنَا مِن كُلِّ أُمَّةٍۭ بِشَهِيدٍ وَجِئْنَا بِكَ عَلَىٰ هَٰٓؤُلَآءِ شَهِيدًا
<p>In the verse (41) beginning with: فَكَيْفَ إِذَا جِئْنَا مِن كُلِّ أُمَّةٍ , there is an invitation to visualize, in range and depth, the gravity of what will happen on the site of the Last Day. Also intended is an admonition to the disbelievers from the tribe of Quraysh. Their anxiety would know no bounds when every prophet of every community would appear as a witness to the good or bad deeds of his respective community on the Last Day - and Muhammad ﷺ too, the last of the prophets, will appear as a witness over his community - and he would give witness in the Divine Court particularly about such disbelievers and polytheists declaring that these people saw open signs and miracles, yet they belied and rejected them and ultimately refused to believe in 'The Divinity and my Prophethood'.</p><p>According to a narration in al-Bukhari, the Holy Prophet ﷺ asked</p><p>Sayyidna ` Abdullah ibn Masud ؓ to recite the Qur'an to him. Sayyidna ` Abdullah ؓ said : 'You want to hear it from me, although the Qur'an was revealed to you?' He ﷺ said: 'Yes. Recite.' Sayyidna ` Abdullah ibn Masud ؓ says: 'I started reciting Suratun-Nisa' and when I reached the verse: فَكَيْفَ إِذَا جِئْنَا مِن كُلِّ أُمَّةٍ بِشَهِيدٍ (41), he said: "Enough for now;" and when I raised my eyes to look at him, I saw tears trickling from his blessed eyes.'</p><p>` Allama al-Qastalani (رح) writes: This verse caused a full view of the Akhirah to be present before his eyes and he thought about the people of his community who were short on or lacking in good deeds and that was why tears started flowing from his eyes.</p><p>Special Note:</p><p>Some commentators, have said that the word, هَـٰؤُلَاءِ (them), in this verse (41) points to the disbelievers and hypocrites present during the age of prophethood. Some others say that it refers to the entire community right through the Day of Doom. This is so because, as indicated in some hadith narrations, the deeds of his community are being continuously presented before him. Nevertheless, from here we know that the prophets of past communities will appear as witnesses over their respective communities and that the Holy Prophet ﷺ too will testify to the deeds of his community. This textual style of the noble Qur'an tells us that there is to be no prophet after him who could appear as a witness over a possible community of his - otherwise, the Qur'an would have mentioned him and his community and the testimony he would give. Seen from this angle, this verse is a proof of the finality of prophethood as well.</p>
In the verse (41) beginning with: فَكَيْفَ إِذَا جِئْنَا مِن كُلِّ أُمَّةٍ , there is an invitation to visualize, in range and depth, the gravity of what will happen on the site of the Last Day. Also intended is an admonition to the disbelievers from the tribe of Quraysh. Their anxiety would know no bounds when every prophet of every community would appear as a witness to the good or bad deeds of his respective community on the Last Day - and Muhammad ﷺ too, the last of the prophets, will appear as a witness over his community - and he would give witness in the Divine Court particularly about such disbelievers and polytheists declaring that these people saw open signs and miracles, yet they belied and rejected them and ultimately refused to believe in 'The Divinity and my Prophethood'.According to a narration in al-Bukhari, the Holy Prophet ﷺ askedSayyidna ` Abdullah ibn Masud ؓ to recite the Qur'an to him. Sayyidna ` Abdullah ؓ said : 'You want to hear it from me, although the Qur'an was revealed to you?' He ﷺ said: 'Yes. Recite.' Sayyidna ` Abdullah ibn Masud ؓ says: 'I started reciting Suratun-Nisa' and when I reached the verse: فَكَيْفَ إِذَا جِئْنَا مِن كُلِّ أُمَّةٍ بِشَهِيدٍ (41), he said: "Enough for now;" and when I raised my eyes to look at him, I saw tears trickling from his blessed eyes.'` Allama al-Qastalani (رح) writes: This verse caused a full view of the Akhirah to be present before his eyes and he thought about the people of his community who were short on or lacking in good deeds and that was why tears started flowing from his eyes.Special Note:Some commentators, have said that the word, هَـٰؤُلَاءِ (them), in this verse (41) points to the disbelievers and hypocrites present during the age of prophethood. Some others say that it refers to the entire community right through the Day of Doom. This is so because, as indicated in some hadith narrations, the deeds of his community are being continuously presented before him. Nevertheless, from here we know that the prophets of past communities will appear as witnesses over their respective communities and that the Holy Prophet ﷺ too will testify to the deeds of his community. This textual style of the noble Qur'an tells us that there is to be no prophet after him who could appear as a witness over a possible community of his - otherwise, the Qur'an would have mentioned him and his community and the testimony he would give. Seen from this angle, this verse is a proof of the finality of prophethood as well.
41
4
يَوْمَئِذٍ يَوَدُّ ٱلَّذِينَ كَفَرُوا۟ وَعَصَوُا۟ ٱلرَّسُولَ لَوْ تُسَوَّىٰ بِهِمُ ٱلْأَرْضُ وَلَا يَكْتُمُونَ ٱللَّهَ حَدِيثًا
<p>In يَوْمَئِذٍ يَوَدُّ الَّذِينَ كَفَرُ‌وا ، the text mentions the state of utter despair faced by disbelievers on the Last Day. That day they would wish to go extinct rather than face its ordeal, to become a patch of the earth underneath, or wish that the earth would crack open, suck them in leaving nothing on top but dust mingled with dust, so that they would be delivered of the scrutiny and retribution of that fateful time. (The statement: لَوْ تُسَوَّىٰ بِهِمُ الْأَرْ‌ضُ (42) has been translated here literally to express, in some measure at least, the power and poignancy of the original Qur'anic expression, as: 'shall wish that the earth be levelled with them.)</p><p>The same wish appears in Suratun-Nisa' where it was said: وَيَقُولُ الْكَافِرُ‌ يَا لَيْتَنِي كُنتُ تُرَ‌ابًا</p><p>. This will be on the plains of Resurrection when the disbelievers will see that all animals have been turned into dust after having exchanged the retribution of each other's excesses. They too, would pine for an end like this wishing to have become all dust.</p><p>Finally, the verse says: وَلَا يَكْتُمُونَ اللَّـهَ حَدِيثًا (And they shall not conceal anything from Allah - 42). It means that these disbelievers will be unable to keep anything about their beliefs and deeds concealed from Allah. Their own hands and feet will confess. The prophets will testify and, of course, present there will be everything on record in their Books of Deeds.</p><p>Sayyidna Ibn ` Abbas ؓ was asked: "At one place, the Holy Qur'an says: 'And they shall not conceal anything from Allah' (4:42); while, at another place, it says: 'By Allah, Our Lord, we were no mushriks' (6:23) - Is there, as it seems, any contradiction between the two verses?" To this he replied: What will happen is that when the disbelievers will begin to see that nobody except true Muslims is being admitted into the Paradise they would decide to refuse point-blank that they had ever committed shirk or any other evil deed, in the hope that the plan works and results in their salvation. But, soon after this refusal of theirs, the very parts of their body would testify against them, which would totally frustrate their plan to conceal the truth about their deeds. That will be the time when they will confess every-thing. Hence: "They shall not conceal anything from Allah".</p>
In يَوْمَئِذٍ يَوَدُّ الَّذِينَ كَفَرُ‌وا ، the text mentions the state of utter despair faced by disbelievers on the Last Day. That day they would wish to go extinct rather than face its ordeal, to become a patch of the earth underneath, or wish that the earth would crack open, suck them in leaving nothing on top but dust mingled with dust, so that they would be delivered of the scrutiny and retribution of that fateful time. (The statement: لَوْ تُسَوَّىٰ بِهِمُ الْأَرْ‌ضُ (42) has been translated here literally to express, in some measure at least, the power and poignancy of the original Qur'anic expression, as: 'shall wish that the earth be levelled with them.)The same wish appears in Suratun-Nisa' where it was said: وَيَقُولُ الْكَافِرُ‌ يَا لَيْتَنِي كُنتُ تُرَ‌ابًا. This will be on the plains of Resurrection when the disbelievers will see that all animals have been turned into dust after having exchanged the retribution of each other's excesses. They too, would pine for an end like this wishing to have become all dust.Finally, the verse says: وَلَا يَكْتُمُونَ اللَّـهَ حَدِيثًا (And they shall not conceal anything from Allah - 42). It means that these disbelievers will be unable to keep anything about their beliefs and deeds concealed from Allah. Their own hands and feet will confess. The prophets will testify and, of course, present there will be everything on record in their Books of Deeds.Sayyidna Ibn ` Abbas ؓ was asked: "At one place, the Holy Qur'an says: 'And they shall not conceal anything from Allah' (4:42); while, at another place, it says: 'By Allah, Our Lord, we were no mushriks' (6:23) - Is there, as it seems, any contradiction between the two verses?" To this he replied: What will happen is that when the disbelievers will begin to see that nobody except true Muslims is being admitted into the Paradise they would decide to refuse point-blank that they had ever committed shirk or any other evil deed, in the hope that the plan works and results in their salvation. But, soon after this refusal of theirs, the very parts of their body would testify against them, which would totally frustrate their plan to conceal the truth about their deeds. That will be the time when they will confess every-thing. Hence: "They shall not conceal anything from Allah".
42
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْرَبُوا۟ ٱلصَّلَوٰةَ وَأَنتُمْ سُكَٰرَىٰ حَتَّىٰ تَعْلَمُوا۟ مَا تَقُولُونَ وَلَا جُنُبًا إِلَّا عَابِرِى سَبِيلٍ حَتَّىٰ تَغْتَسِلُوا۟ وَإِن كُنتُم مَّرْضَىٰٓ أَوْ عَلَىٰ سَفَرٍ أَوْ جَآءَ أَحَدٌ مِّنكُم مِّنَ ٱلْغَآئِطِ أَوْ لَٰمَسْتُمُ ٱلنِّسَآءَ فَلَمْ تَجِدُوا۟ مَآءً فَتَيَمَّمُوا۟ صَعِيدًا طَيِّبًا فَٱمْسَحُوا۟ بِوُجُوهِكُمْ وَأَيْدِيكُمْ إِنَّ ٱللَّهَ كَانَ عَفُوًّا غَفُورًا
<p>The Background of this Revelation</p><p>This is about an incident relating to Sayyidna Ali رضی اللہ تعالیٰ عنہ which has been mentioned in Tirmidhi. It was before liquor was forbidden that Sayyidna ` Abdul-Rahman ibn ` Awf ؓ had invited some Companions for dinner at this home. As customary, liquor was served before dinner. When everybody had finished eating, time came for the Maghrib salah. Sayyidna ` Ali ؓ was asked to lead the prayer. He made a grave error while reciting the well-known Surah al-Kafirun in the salah under the effect of intoxication. Thereupon, this verse was revealed in which warning was given that salah should not be performed in a state of intoxication.</p><p>1-Stands for Janabah which signifies a ritual impurity caused by sexual intercourse or seminal discharge, in passion or dream, after which it becomes obligatory to take a bath.</p><p>Commentary</p><p>Commands prohibiting liquor came gradually</p><p>Allah Almighty has blessed the Shari’ ah of Islam with a particular distinction - its rules have been made easy. One such rule in this golden chain concerns drinking which was an old addiction in Arabia. This was a national habit, and pastime, involving everyone but a particular few who had a sort of God-given distaste and abhorrence for liquor all along. Naturally right-minded, they never went near this foul habit. One such example is that of the Holy Prophet ﷺ . He never touched liquor even before he was called to prophethood. And everyone knows that habit, any habit, the urge and compulsion to have something, is really difficult to leave. This is all the more true about the habit of drinking or getting intoxicated by some other means. It so overpowers man in its clutches that he just cannot think otherwise. To him a farewell to drinking means a welcome to death.</p><p>Drinking has always been unlawful in the sight of Allah and when people entered the fold of Islam, saving Muslims from it was very much in order. But, had it been declared unlawful all of a sudden, people would have found obedience to this command extremely hard to carry out. So, the shift was gradual. First come partial prohibition. People were warned of the evil effects of drinking which aimed at motivating them to abandon the habit. As a result, the instruction initially given in this verse was limited to asking people not to go near salah while in a state of intoxication. The purpose here was to emphasize that salah is fard, an obligation - when the time for salah comes, one must rise, intend and offer it as due, and that one should not be drunk during salah timings. This approach helped Muslims realize that drinking is really something bad for it stops them from performing salah properly. There were many blessed souls among them who made a spot decision to abandon the habit once and for all. There were others who started thinking seriously about its evils. Finally, when the verse of Surah al-Ma'idah carrying the absolute command which declared liquor as impure and unlawful was revealed, drinking was forbidden under all conditions.</p><p>Ruling: Based on the rule that performing salah in a state of intoxication is forbidden, according to some commentators, it is also not correct to perform salah when one feels so sleepy that one cannot control what one says. This restriction appears in a hadith as follows:</p><p>اذا نعس احدکم فی الصلوٰۃ فلیرقد حتی یذھب عنہ النوم فانہ لا یدری لعلہ یستغفر فیسب نفسہ (قرطبی)</p><p>If one of you feels drowsy in salah, he should go to sleep for a little while so that the effect of sleep disappears, otherwise he would not know that, rather than seeking forgiveness (from Allah), he may (actually) be cursing himself.' (Qurtubi)</p><p>Editor's Notel</p><p>Although the verse was initially revealed to prohibit offering sal ah in a state of intoxication, however, some other situations have also been dealt with in which offering salah is not permitted. These are the states of impurity which are of two kinds. The first kind is the state of 'major impurity' or janabah' which is caused by sexual intercourse or by ejaculation with sexual desire by whatever means. This state of impurity has been referred to in the above verses by the word ' جُنُباً " which is derived from janabah and has been translated as 'major impurity'. In this state one cannot offer salah unless he purifies himself by having the prescribed bath (ghusl).</p><p>1. In the original book there was no explanation of other rules mentioned in the verse. The exteemed author has felt it sufficient that these rules are mentioned in the Urdu translation alongwith the خلاصۃ تفسیر . For the benefit of English readers, I have added this note - Muhammad Taqi Usmani.</p><p>The second kind of impurity is called 'minor impurity' ( اَلحدث الأصغر) which is caused by any act breaking the wudu', like easing oneself or passing a flatus etc. In this state also one is not allowed to offer salah, but the way of purifying oneself from this kind of impurity is much easier. Instead of having a bath one can release himself from it by making wudu (prescribed ablution). In both situations it is necessary to use water, either for having a bath or for making wudu. But there may be situations where the use of water is not possible due to its unavailability or is extremely difficult due to illness. In both these situations the above verses have provided an easier alternative for having a bath or making wudu'. The alternative is to strike the hands on a clean dust and then wipe the face and the wrists with it. This procedure is called 'Tayammum' and has been taken by the Shari'ah as a symbol of ritual purification where the actual act of purification through water is not possible or is extremely difficult. After making tayammum one is held to be purified for a temporary period until he is able to use water. The procedure of tayammum, being the same for both major and minor impurities, it has been prescribed in one sequence for both kinds. The words أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ ('i.e. or one of you has come after easing himself) refer to the 'minor impurity' while the words أَوْ لَامَسْتُمُ النِّسَاءَ (i.e. 'or you have touched women' ) stand for having sexual intercourse) causing major impurity. In both situations, it has been laid down that if someone is too sick to use water, or is on journey where he does not find water, he can have recourse to making tayammum.</p><p>The above discussion may explain the rules of impurities and their purification as laid down in the above verses. However, one point needs further elaboration:</p><p>While the Holy Qur'an has prohibited to 'go near salah’ in a state of major impurity the rule has been made subject to one exception which is expressed in the words اِلَّا عَابِریِ سبیل (i.e. 'save when you are traversing a way' ). This exception has been interpreted by the Muslim Jurists in different ways. According to the most commentators, including the Hanafi jurists, this exception refers to the state of travelling when water is not available. It, therefore, means that one cannot go near salah in a state of major impurity without having taken a ritual bath (ghusl), however, if he is 'traversing a way' in the sense that he is on journey and does not find water, he can offer salah without taking bath after making tayammum as explained in the next sentence</p><p>1. This explanation is based on the Hanafi view.</p><p>Conversely Imam al-Shafi` (رح) interprets the exception in a totally different manner. He says that 'going near salah' means 'entering a mosque' and it is prohibited for a person to enter a mosque in a state of 'major impurity'. However, if he intends to go somewhere else, but passes through a mosque as a passer-by, he can do so. The Hanafi jurists do not accept this view. Based on the first interpretation, they say that the verse has no relevance with 'entering the mosque'. It refers to offering prayers, as is evident from the background in which it was revealed. The prohibition of entering a mosque in the state of impurity is based on some other sources, and it is not allowed, even for a passer-by, to enter a mosque with intention to go somewhere else. (Editor).</p><p>The rule of Tayammum is a blessing, and a distinction of the Muslim community</p><p>It is certainly a great favour granted by Allah Almighty that He, in His mercy, has made something else to take the place of water, something which is much more easily available than water. Obviously enough, land mass and dust are available everywhere. It appears in a hadith that this is a convenience bestowed upon the community of Muhammad ﷺ exclusively. As for necessary rules governing the making of Tayammum (also referred to in English, and interestingly too, as the 'dry ablution' ), these are commonly available in books on salah, (in English as well). Standard juristic works can be consulted for further details.</p><p>In verses previous to this, the stress was on acting with Taqwa in mutual dealings. In between came some rules pertaining to ‘Ibadah, Salah and their corollaries since they instill man with fear of Allah, promote concern for the life-to-come and help in seeing that dealings come out right and smooth.</p>
The Background of this RevelationThis is about an incident relating to Sayyidna Ali رضی اللہ تعالیٰ عنہ which has been mentioned in Tirmidhi. It was before liquor was forbidden that Sayyidna ` Abdul-Rahman ibn ` Awf ؓ had invited some Companions for dinner at this home. As customary, liquor was served before dinner. When everybody had finished eating, time came for the Maghrib salah. Sayyidna ` Ali ؓ was asked to lead the prayer. He made a grave error while reciting the well-known Surah al-Kafirun in the salah under the effect of intoxication. Thereupon, this verse was revealed in which warning was given that salah should not be performed in a state of intoxication.1-Stands for Janabah which signifies a ritual impurity caused by sexual intercourse or seminal discharge, in passion or dream, after which it becomes obligatory to take a bath.CommentaryCommands prohibiting liquor came graduallyAllah Almighty has blessed the Shari’ ah of Islam with a particular distinction - its rules have been made easy. One such rule in this golden chain concerns drinking which was an old addiction in Arabia. This was a national habit, and pastime, involving everyone but a particular few who had a sort of God-given distaste and abhorrence for liquor all along. Naturally right-minded, they never went near this foul habit. One such example is that of the Holy Prophet ﷺ . He never touched liquor even before he was called to prophethood. And everyone knows that habit, any habit, the urge and compulsion to have something, is really difficult to leave. This is all the more true about the habit of drinking or getting intoxicated by some other means. It so overpowers man in its clutches that he just cannot think otherwise. To him a farewell to drinking means a welcome to death.Drinking has always been unlawful in the sight of Allah and when people entered the fold of Islam, saving Muslims from it was very much in order. But, had it been declared unlawful all of a sudden, people would have found obedience to this command extremely hard to carry out. So, the shift was gradual. First come partial prohibition. People were warned of the evil effects of drinking which aimed at motivating them to abandon the habit. As a result, the instruction initially given in this verse was limited to asking people not to go near salah while in a state of intoxication. The purpose here was to emphasize that salah is fard, an obligation - when the time for salah comes, one must rise, intend and offer it as due, and that one should not be drunk during salah timings. This approach helped Muslims realize that drinking is really something bad for it stops them from performing salah properly. There were many blessed souls among them who made a spot decision to abandon the habit once and for all. There were others who started thinking seriously about its evils. Finally, when the verse of Surah al-Ma'idah carrying the absolute command which declared liquor as impure and unlawful was revealed, drinking was forbidden under all conditions.Ruling: Based on the rule that performing salah in a state of intoxication is forbidden, according to some commentators, it is also not correct to perform salah when one feels so sleepy that one cannot control what one says. This restriction appears in a hadith as follows:اذا نعس احدکم فی الصلوٰۃ فلیرقد حتی یذھب عنہ النوم فانہ لا یدری لعلہ یستغفر فیسب نفسہ (قرطبی)If one of you feels drowsy in salah, he should go to sleep for a little while so that the effect of sleep disappears, otherwise he would not know that, rather than seeking forgiveness (from Allah), he may (actually) be cursing himself.' (Qurtubi)Editor's NotelAlthough the verse was initially revealed to prohibit offering sal ah in a state of intoxication, however, some other situations have also been dealt with in which offering salah is not permitted. These are the states of impurity which are of two kinds. The first kind is the state of 'major impurity' or janabah' which is caused by sexual intercourse or by ejaculation with sexual desire by whatever means. This state of impurity has been referred to in the above verses by the word ' جُنُباً " which is derived from janabah and has been translated as 'major impurity'. In this state one cannot offer salah unless he purifies himself by having the prescribed bath (ghusl).1. In the original book there was no explanation of other rules mentioned in the verse. The exteemed author has felt it sufficient that these rules are mentioned in the Urdu translation alongwith the خلاصۃ تفسیر . For the benefit of English readers, I have added this note - Muhammad Taqi Usmani.The second kind of impurity is called 'minor impurity' ( اَلحدث الأصغر) which is caused by any act breaking the wudu', like easing oneself or passing a flatus etc. In this state also one is not allowed to offer salah, but the way of purifying oneself from this kind of impurity is much easier. Instead of having a bath one can release himself from it by making wudu (prescribed ablution). In both situations it is necessary to use water, either for having a bath or for making wudu. But there may be situations where the use of water is not possible due to its unavailability or is extremely difficult due to illness. In both these situations the above verses have provided an easier alternative for having a bath or making wudu'. The alternative is to strike the hands on a clean dust and then wipe the face and the wrists with it. This procedure is called 'Tayammum' and has been taken by the Shari'ah as a symbol of ritual purification where the actual act of purification through water is not possible or is extremely difficult. After making tayammum one is held to be purified for a temporary period until he is able to use water. The procedure of tayammum, being the same for both major and minor impurities, it has been prescribed in one sequence for both kinds. The words أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ ('i.e. or one of you has come after easing himself) refer to the 'minor impurity' while the words أَوْ لَامَسْتُمُ النِّسَاءَ (i.e. 'or you have touched women' ) stand for having sexual intercourse) causing major impurity. In both situations, it has been laid down that if someone is too sick to use water, or is on journey where he does not find water, he can have recourse to making tayammum.The above discussion may explain the rules of impurities and their purification as laid down in the above verses. However, one point needs further elaboration:While the Holy Qur'an has prohibited to 'go near salah’ in a state of major impurity the rule has been made subject to one exception which is expressed in the words اِلَّا عَابِریِ سبیل (i.e. 'save when you are traversing a way' ). This exception has been interpreted by the Muslim Jurists in different ways. According to the most commentators, including the Hanafi jurists, this exception refers to the state of travelling when water is not available. It, therefore, means that one cannot go near salah in a state of major impurity without having taken a ritual bath (ghusl), however, if he is 'traversing a way' in the sense that he is on journey and does not find water, he can offer salah without taking bath after making tayammum as explained in the next sentence1. This explanation is based on the Hanafi view.Conversely Imam al-Shafi` (رح) interprets the exception in a totally different manner. He says that 'going near salah' means 'entering a mosque' and it is prohibited for a person to enter a mosque in a state of 'major impurity'. However, if he intends to go somewhere else, but passes through a mosque as a passer-by, he can do so. The Hanafi jurists do not accept this view. Based on the first interpretation, they say that the verse has no relevance with 'entering the mosque'. It refers to offering prayers, as is evident from the background in which it was revealed. The prohibition of entering a mosque in the state of impurity is based on some other sources, and it is not allowed, even for a passer-by, to enter a mosque with intention to go somewhere else. (Editor).The rule of Tayammum is a blessing, and a distinction of the Muslim communityIt is certainly a great favour granted by Allah Almighty that He, in His mercy, has made something else to take the place of water, something which is much more easily available than water. Obviously enough, land mass and dust are available everywhere. It appears in a hadith that this is a convenience bestowed upon the community of Muhammad ﷺ exclusively. As for necessary rules governing the making of Tayammum (also referred to in English, and interestingly too, as the 'dry ablution' ), these are commonly available in books on salah, (in English as well). Standard juristic works can be consulted for further details.In verses previous to this, the stress was on acting with Taqwa in mutual dealings. In between came some rules pertaining to ‘Ibadah, Salah and their corollaries since they instill man with fear of Allah, promote concern for the life-to-come and help in seeing that dealings come out right and smooth.
43
4
أَلَمْ تَرَ إِلَى ٱلَّذِينَ أُوتُوا۟ نَصِيبًا مِّنَ ٱلْكِتَٰبِ يَشْتَرُونَ ٱلضَّلَٰلَةَ وَيُرِيدُونَ أَن تَضِلُّوا۟ ٱلسَّبِيلَ
<p>The present verses take up the matter of dealings with enemies. It brings into sharp focus the wicked tricks, in word and deed, as practiced by the Jews, and then gives a view of what is true and correct. This last aspect is in a way an exhortation to Muslims that they should be careful in choosing the words they use to say what they have to say, for mincing words is not their style.</p><p>In the previous verse (46), there was a description of the Jewish stance against Islam which ranged from flat denial to laboured falsification, something born out of the desire to misrepresent, alter and ridicule. The present verse addresses them directly and commands them to believe in the final revelation and demonstrate their confirmation. Should they continue ignoring the warning and remain hostile, they should really be concerned with the chilling prospects of what their fate would be as a consequence of their ill choice.</p>
The present verses take up the matter of dealings with enemies. It brings into sharp focus the wicked tricks, in word and deed, as practiced by the Jews, and then gives a view of what is true and correct. This last aspect is in a way an exhortation to Muslims that they should be careful in choosing the words they use to say what they have to say, for mincing words is not their style.In the previous verse (46), there was a description of the Jewish stance against Islam which ranged from flat denial to laboured falsification, something born out of the desire to misrepresent, alter and ridicule. The present verse addresses them directly and commands them to believe in the final revelation and demonstrate their confirmation. Should they continue ignoring the warning and remain hostile, they should really be concerned with the chilling prospects of what their fate would be as a consequence of their ill choice.
44
4
وَٱللَّهُ أَعْلَمُ بِأَعْدَآئِكُمْ وَكَفَىٰ بِٱللَّهِ وَلِيًّا وَكَفَىٰ بِٱللَّهِ نَصِيرًا
45
4
مِّنَ ٱلَّذِينَ هَادُوا۟ يُحَرِّفُونَ ٱلْكَلِمَ عَن مَّوَاضِعِهِۦ وَيَقُولُونَ سَمِعْنَا وَعَصَيْنَا وَٱسْمَعْ غَيْرَ مُسْمَعٍ وَرَٰعِنَا لَيًّۢا بِأَلْسِنَتِهِمْ وَطَعْنًا فِى ٱلدِّينِ وَلَوْ أَنَّهُمْ قَالُوا۟ سَمِعْنَا وَأَطَعْنَا وَٱسْمَعْ وَٱنظُرْنَا لَكَانَ خَيْرًا لَّهُمْ وَأَقْوَمَ وَلَٰكِن لَّعَنَهُمُ ٱللَّهُ بِكُفْرِهِمْ فَلَا يُؤْمِنُونَ إِلَّا قَلِيلًا
46
4
يَٰٓأَيُّهَا ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ ءَامِنُوا۟ بِمَا نَزَّلْنَا مُصَدِّقًا لِّمَا مَعَكُم مِّن قَبْلِ أَن نَّطْمِسَ وُجُوهًا فَنَرُدَّهَا عَلَىٰٓ أَدْبَارِهَآ أَوْ نَلْعَنَهُمْ كَمَا لَعَنَّآ أَصْحَٰبَ ٱلسَّبْتِ وَكَانَ أَمْرُ ٱللَّهِ مَفْعُولًا
<p>Commentary</p><p>Note 1: The Qur’ anic expression: فَنَرُ‌دَّهَا عَلَىٰ أَدْبَارِ‌هَا (and turn them shaped like their backs) admits of two probabilities in this act of turning. It could either be that the features of the face are eliminated and the whole face is turned around towards the back; or, it may be that the face is flattened like the nape of the neck, devoid of all features, 'effaced.' (Mazhari, Ruh al-Ma` ani)</p><p>Note 2: When will this be is a question posed and answered by Commentators in great details. Discussing this deconfiguration (tams) and transmutation (maskh), some of them have said that this punishment will come upon the Jews before the Day of Doom, while others have said that this punishment did not come to pass because some of the Jews had entered the fold of Faith.</p><p>Maulana Ashraf Thanavi (رح) ، has said: In my opinion, that question simply does not arise because there is no single word in the Qur'an which would suggest the proposition: If you do not believe, the punishment of tams and maskh will definitely materialize. In fact, it suggests probability, that is, given their crime, they do deserve this punishment, and should He spare them from the punishment, that would be His mercy.'</p>
CommentaryNote 1: The Qur’ anic expression: فَنَرُ‌دَّهَا عَلَىٰ أَدْبَارِ‌هَا (and turn them shaped like their backs) admits of two probabilities in this act of turning. It could either be that the features of the face are eliminated and the whole face is turned around towards the back; or, it may be that the face is flattened like the nape of the neck, devoid of all features, 'effaced.' (Mazhari, Ruh al-Ma` ani)Note 2: When will this be is a question posed and answered by Commentators in great details. Discussing this deconfiguration (tams) and transmutation (maskh), some of them have said that this punishment will come upon the Jews before the Day of Doom, while others have said that this punishment did not come to pass because some of the Jews had entered the fold of Faith.Maulana Ashraf Thanavi (رح) ، has said: In my opinion, that question simply does not arise because there is no single word in the Qur'an which would suggest the proposition: If you do not believe, the punishment of tams and maskh will definitely materialize. In fact, it suggests probability, that is, given their crime, they do deserve this punishment, and should He spare them from the punishment, that would be His mercy.'
47
4
إِنَّ ٱللَّهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِۦ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَآءُ وَمَن يُشْرِكْ بِٱللَّهِ فَقَدِ ٱفْتَرَىٰٓ إِثْمًا عَظِيمًا
<p>The previous verse carried an admonition for those who refused to believe. But, from among those to whom this admonition has been addressed, some could finally be forgiven, which admits of the probability that all these other addressees may, perhaps, be also forgiven. Therefore, the text goes on to explain that this group of people will not be forgiven because of their kufr or disbelief. This also refutes the Jewish claim that they shall be forgiven.</p><p>Commentary</p><p>Shirk: A definition, and some forms</p><p>The words of the Qur'anic text in إِنَّ اللَّـهَ لَا يَغْفِرُ‌ أَن يُشْرَ‌كَ بِهِ (Surely, Allah does not forgive the ascribing of a partner to Him) demonstrate that the set articles of faith relating to the Being and Attributes of Allah Almighty are the sine qua non of religion and holding any belief similar to these in favour of whoever and whatever He has created is shirk. Some of the forms it takes are as follows:</p><p>Shirk in Knowledge: This is the ascribing of a partner to Allah in matters of knowledge ( ‘ilm), for example believing that a certain pious person or a spiritual master or the head of a mystical order knows about everything in this universe all the time. Other forms could be asking an astrologer or a fortune-teller or a diviner about things that are going to take place in a person's life, things which belong to the unseen world, an exclusive domain of Allah; or, to take omen (fal) فال from the words written by a pious person and believing that it has got to happen; or, calling someone from a considerable distance and believing that the person has become all aware of the call; or, keeping a fast dedicated to someone other than Allah.</p><p>Shirk in Power: This is ascribing to others the powers and rights which are the exclusive domain of Allah as for example, taking someone to have the power and authority to provide gain or inflict loss. It includes things like asking someone to grant wishes or to ask for sustenance, and children.</p><p>Shirk in ` Ibidah: This means the ascribing of a partner to Allah in acts of worship (` Ibadah) which is the sole due of Allah. Some of the forms it could take are to go down in sajdah (prostration) for anyone, to release an animal dedicated in the name of somebody, making cere-monious offering for a person or thing, living or dead, to make a vow (mannat, nadhr) in someone's name; to make tawaf (rounds, circumambulation) of someone's grave or house; to give preference to someone else's word, or custom, as against God's own command; to make bows before anyone in the manner of a ruku`, the bowing position peculiar to Muslim prayer; to slaughter an animal in the name of someone; to take the affairs of the mortal world as subservient to the effect and influence of stars; to regard some month as ill-omened, wretched; and things like that.</p>
The previous verse carried an admonition for those who refused to believe. But, from among those to whom this admonition has been addressed, some could finally be forgiven, which admits of the probability that all these other addressees may, perhaps, be also forgiven. Therefore, the text goes on to explain that this group of people will not be forgiven because of their kufr or disbelief. This also refutes the Jewish claim that they shall be forgiven.CommentaryShirk: A definition, and some formsThe words of the Qur'anic text in إِنَّ اللَّـهَ لَا يَغْفِرُ‌ أَن يُشْرَ‌كَ بِهِ (Surely, Allah does not forgive the ascribing of a partner to Him) demonstrate that the set articles of faith relating to the Being and Attributes of Allah Almighty are the sine qua non of religion and holding any belief similar to these in favour of whoever and whatever He has created is shirk. Some of the forms it takes are as follows:Shirk in Knowledge: This is the ascribing of a partner to Allah in matters of knowledge ( ‘ilm), for example believing that a certain pious person or a spiritual master or the head of a mystical order knows about everything in this universe all the time. Other forms could be asking an astrologer or a fortune-teller or a diviner about things that are going to take place in a person's life, things which belong to the unseen world, an exclusive domain of Allah; or, to take omen (fal) فال from the words written by a pious person and believing that it has got to happen; or, calling someone from a considerable distance and believing that the person has become all aware of the call; or, keeping a fast dedicated to someone other than Allah.Shirk in Power: This is ascribing to others the powers and rights which are the exclusive domain of Allah as for example, taking someone to have the power and authority to provide gain or inflict loss. It includes things like asking someone to grant wishes or to ask for sustenance, and children.Shirk in ` Ibidah: This means the ascribing of a partner to Allah in acts of worship (` Ibadah) which is the sole due of Allah. Some of the forms it could take are to go down in sajdah (prostration) for anyone, to release an animal dedicated in the name of somebody, making cere-monious offering for a person or thing, living or dead, to make a vow (mannat, nadhr) in someone's name; to make tawaf (rounds, circumambulation) of someone's grave or house; to give preference to someone else's word, or custom, as against God's own command; to make bows before anyone in the manner of a ruku`, the bowing position peculiar to Muslim prayer; to slaughter an animal in the name of someone; to take the affairs of the mortal world as subservient to the effect and influence of stars; to regard some month as ill-omened, wretched; and things like that.
48
4
أَلَمْ تَرَ إِلَى ٱلَّذِينَ يُزَكُّونَ أَنفُسَهُم بَلِ ٱللَّهُ يُزَكِّى مَن يَشَآءُ وَلَا يُظْلَمُونَ فَتِيلًا
<p>Indulgence in self-praise</p><p>Let us now turn to the word of Allah in: أَلَمْ تَرَ‌ إِلَى الَّذِينَ يُزَكُّونَ أَنفُسَهُم (Have you not seen those who claim sanctity for themselves?) Since the Jews claimed sanctity for themselves, Allah Almighty censures them in this verse as a strange lot attributing sanctity to themselves and then having the audacity to tell others that this is so. Amazing indeed!</p><p>From here we learn that it is not permissible for anyone to claim and broadcast his or her sanctity, or that of others. This is forbidden on three counts:</p><p>1. The cause of self-praise is mostly pride and arrogance. So, in reality, what is forbidden is pride and arrogance.</p><p>2. As to the end of man, only Allah knows if it will come in a state of Taqwa and Taharah, that is, in a state when one is still God-fearing spiritually and free from major and minor impurities physically. Therefore, claiming sanctity for oneself is contrary to being God-fearing. As such, Sayyidah Zaynab ؓ daughter of Abi Salamah ؓ narrates that the Holy Prophet ﷺ asked her: 'What is your name?' Since, at that time, her name was Barrah (which means pure from sins), so, that was what she told him. He, then, said: فلا تُزَکُّوا انفُسَکُم، اللہ اَعلَمُ بِاَھلِ البِرِّ منکُم، سَمُّوھَا زَینَب، (رواہ مسلم بحوالہ مشکوۃ) (Do not claim sanctity for yourselves (that is, do not claim purity and freedom from sins) because it is Allah alone who knows best as to who among you is of the righteous. He, then, named her Zaynab (instead of Barrah). (Mazhari)</p><p>3. The third reason for this prohibition is that such a claim gives people the false idea that the person making that claim is nearer to Allah because he is free of all faults, although this is a lie, for no mortal man is free of one or the other shortcoming. (Bayn al-Qur'an)</p><p>Ruling:</p><p>If impediments mentioned above do not exist, one can speak about one's trait of character as an expression of gratitude for Allah's blessing. (Bay an al-Qur'an)</p>
Indulgence in self-praiseLet us now turn to the word of Allah in: أَلَمْ تَرَ‌ إِلَى الَّذِينَ يُزَكُّونَ أَنفُسَهُم (Have you not seen those who claim sanctity for themselves?) Since the Jews claimed sanctity for themselves, Allah Almighty censures them in this verse as a strange lot attributing sanctity to themselves and then having the audacity to tell others that this is so. Amazing indeed!From here we learn that it is not permissible for anyone to claim and broadcast his or her sanctity, or that of others. This is forbidden on three counts:1. The cause of self-praise is mostly pride and arrogance. So, in reality, what is forbidden is pride and arrogance.2. As to the end of man, only Allah knows if it will come in a state of Taqwa and Taharah, that is, in a state when one is still God-fearing spiritually and free from major and minor impurities physically. Therefore, claiming sanctity for oneself is contrary to being God-fearing. As such, Sayyidah Zaynab ؓ daughter of Abi Salamah ؓ narrates that the Holy Prophet ﷺ asked her: 'What is your name?' Since, at that time, her name was Barrah (which means pure from sins), so, that was what she told him. He, then, said: فلا تُزَکُّوا انفُسَکُم، اللہ اَعلَمُ بِاَھلِ البِرِّ منکُم، سَمُّوھَا زَینَب، (رواہ مسلم بحوالہ مشکوۃ) (Do not claim sanctity for yourselves (that is, do not claim purity and freedom from sins) because it is Allah alone who knows best as to who among you is of the righteous. He, then, named her Zaynab (instead of Barrah). (Mazhari)3. The third reason for this prohibition is that such a claim gives people the false idea that the person making that claim is nearer to Allah because he is free of all faults, although this is a lie, for no mortal man is free of one or the other shortcoming. (Bayn al-Qur'an)Ruling:If impediments mentioned above do not exist, one can speak about one's trait of character as an expression of gratitude for Allah's blessing. (Bay an al-Qur'an)
49
4
ٱنظُرْ كَيْفَ يَفْتَرُونَ عَلَى ٱللَّهِ ٱلْكَذِبَ وَكَفَىٰ بِهِۦٓ إِثْمًا مُّبِينًا
50
4
أَلَمْ تَرَ إِلَى ٱلَّذِينَ أُوتُوا۟ نَصِيبًا مِّنَ ٱلْكِتَٰبِ يُؤْمِنُونَ بِٱلْجِبْتِ وَٱلطَّٰغُوتِ وَيَقُولُونَ لِلَّذِينَ كَفَرُوا۟ هَٰٓؤُلَآءِ أَهْدَىٰ مِنَ ٱلَّذِينَ ءَامَنُوا۟ سَبِيلًا
<p>A description of the evil traits of Jews has been appearing from the previous verse beginning with: أَلَمْ تَرَ‌ إِلَى الَّذِينَ أُوتُوا نَصِيبًا مِّنَ الْكِتَابِ يَشْتَرُ‌ونَ الضَّلَالَةَ. The present verses also deal with the same subject.</p><p>1. Jibt: Originally, the name of an idol which was also used later on for every false god as well as for sorcery.</p><p>2. Taghut: Literally signifies the arrogant. It is ai. used for Satan, and for evil and falsehood.</p><p>it variously. Sayyidna Ibn ` Abbas, Ibn Jubayr and Abu al-` Aliyah</p><p>Commentary</p><p>What is Jibt جِبت and Taghut طَاغوت ?</p><p>Two words, 'al-Jibt' and 'al-Taghut have been mentioned in the present verse (51). What do they mean? Commentators have explained have said that 'Jibt' comes from the Ethiopian language and refers to a magician while 'Taghut' signifies a soothsayer.</p><p>Sayyidna ` Umar says that 'Jibt' means magic and 'Taghut' means Satan. Sayyidna Malik ibn Anas ؓ is reported to have said that everything worshipped other than Allah is covered by the name 'Taghut'.</p><p>Imam al-Qurtubi (رح) says that the view of Sayyidna Malik 1bn Anas (رح) ، being more inclusive, is generally preferred because it also has its support from the Holy Qur'an where it is said: أَنِ اعْبُدُوا اللَّـهَ وَاجْتَنِبُوا الطَّاغُوتَ (Worship Allah and avoid Taghut.) (16:36) But, really, there is no contradiction as such in these different views. They all can be implied in one or the other sense, as Jibt was essentially the name of an idol after all, but it was later on that it came to be applied to other things and beings worshipped other than Allah. (Ruh al-Ma’ ani)</p><p>The present verses in the background of their revelation</p><p>Sayyidna Ibn ` Abbas ؓ narrates that two chiefs of the Jews, Huyayy ibn Akhtab and Ka'b ibn Ashraf came along with a group of theirs, after the battle of Uhud, to meet the Quraysh at Makkah. The Jewish Chief, Ka'b ibn Ashraf met Abu Sufyan and promised to collaborate with him in his fight against the Holy Prophet ﷺ . The people of Makkah told Ka'b ibn Ashraf that they were a people who cheated by making false promises. Then, they challenged them to prostrate before two particular idols (Jibt and Taghut) there, if they really meant what they had said.</p><p>So, in order to assure the Quraysh, he did exactly that. After that, Ka'b told the Quraysh: 'Let thirty people from among you and thirty people from among us come forward so that we declare our resolve before the Lord of the Ka'bah that all of us will jointly fight against Muhammad ﷺ .</p><p>The Quraysh liked this proposal from Ka'b and this was how they opened a united front against Muslims. After that, Abu Sufyan told Ka'b: You are learned people. You have the Book of Allah with you. But, we are totally ignorant. Now, you let us know what do you think about us - tell us if we are on the right path, or is it Muhammad?</p><p>Ka'b asked: 'What is your religion?' Abu Sufyan said: 'We slaughter our camels for the Hajj. We offer their milk to pilgrims, and entertain guests. We maintain good relations with our kin. We make tawaf of the House of Allah and perform ` Umrah. Contrary to this, Muhammad ﷺ has abandoned his ancestral religion and he has cut himself off from his own people and, on top of that, he has challenged our ancestral religion by introducing a new religion of his own.'</p><p>Hearing all this, Ka'b ibn Ashraf said: 'You people are on the right path. Muhammad, ﷺ has gone astray.'</p><p>Thereupon, Allah Almighty revealed these verses and, thus, exposed their lying and deceit. (Ruh al-Ma’ ani)</p><p>The blind pursuit of material gains sometimes makes man surrender religion and faith</p><p>Ka'b ibn Ashraf was a distinguished scholar among the Jews. He believed in God and worshipped none but Him. However, when the ghost of overweening personal desires overpowered his mind and heart, he offered to join forces with the Quraysh against Muslims. As we already know, the Quraysh put forth the condition that he should prostrate before their idols. He swallowed this bitter pill to achieve his personal end. Here, we see that he squarely stooped to fulfill the condition imposed by the Quraysh, something, contrary to his religion, but he made no effort to stand by his religious beliefs and did not show the courage to part ways with them on so crucial an issue. The Holy Qur'an mentions a similar incident elsewhere concerning Bal'am ibn Ba’ ur. It says: وَاتْلُ عَلَيْهِمْ نَبَأَ الَّذِي آتَيْنَاهُ آيَاتِنَا فَانسَلَخَ مِنْهَا فَأَتْبَعَهُ الشَّيْطَانُ فَكَانَ مِنَ الْغَاوِينَ ﴿175﴾ (Recite to them the news of the one who was given Our signs, then he eased out from it and followed the Satan, and he was one of those who seduce people to err.) (7:175)</p><p>Commentators say that Bal'am ibn Ba’ ur was a great scholar and a mendicant who wielded spiritual powers. But, when he launched his sinister plans against Sayyidna Musa (علیہ السلام) ، in an effort to achieve his personal desires, he was unable to achieve anything against him, but what did happen was that he himself ended up being accursed and went astray.</p><p>This tells us that religious knowledge as culled from a book is not enough to guarantee the desired benefit. What is needed is action sought by the knowledge. This will not be possible unless one totally abstains from material greed and from the pursuit of carnal desires. Otherwise, man would not stay strong enough to resist against sacrificing something so dear as his religion on the altar of his desires. In our own time, we have the kind of people who would abandon their trice creed just to achieve their material and political goals. Some of them would go for the extra effort to dress up their secular beliefs and views with the garb of Islam. Such people less care about the grave Covenant between God and man, nor do they worry much about what would happen to them in the Akhirah. All this happens when one abandons his true and right creed and starts following the signals of the Satan.</p>
A description of the evil traits of Jews has been appearing from the previous verse beginning with: أَلَمْ تَرَ‌ إِلَى الَّذِينَ أُوتُوا نَصِيبًا مِّنَ الْكِتَابِ يَشْتَرُ‌ونَ الضَّلَالَةَ. The present verses also deal with the same subject.1. Jibt: Originally, the name of an idol which was also used later on for every false god as well as for sorcery.2. Taghut: Literally signifies the arrogant. It is ai. used for Satan, and for evil and falsehood.it variously. Sayyidna Ibn ` Abbas, Ibn Jubayr and Abu al-` AliyahCommentaryWhat is Jibt جِبت and Taghut طَاغوت ?Two words, 'al-Jibt' and 'al-Taghut have been mentioned in the present verse (51). What do they mean? Commentators have explained have said that 'Jibt' comes from the Ethiopian language and refers to a magician while 'Taghut' signifies a soothsayer.Sayyidna ` Umar says that 'Jibt' means magic and 'Taghut' means Satan. Sayyidna Malik ibn Anas ؓ is reported to have said that everything worshipped other than Allah is covered by the name 'Taghut'.Imam al-Qurtubi (رح) says that the view of Sayyidna Malik 1bn Anas (رح) ، being more inclusive, is generally preferred because it also has its support from the Holy Qur'an where it is said: أَنِ اعْبُدُوا اللَّـهَ وَاجْتَنِبُوا الطَّاغُوتَ (Worship Allah and avoid Taghut.) (16:36) But, really, there is no contradiction as such in these different views. They all can be implied in one or the other sense, as Jibt was essentially the name of an idol after all, but it was later on that it came to be applied to other things and beings worshipped other than Allah. (Ruh al-Ma’ ani)The present verses in the background of their revelationSayyidna Ibn ` Abbas ؓ narrates that two chiefs of the Jews, Huyayy ibn Akhtab and Ka'b ibn Ashraf came along with a group of theirs, after the battle of Uhud, to meet the Quraysh at Makkah. The Jewish Chief, Ka'b ibn Ashraf met Abu Sufyan and promised to collaborate with him in his fight against the Holy Prophet ﷺ . The people of Makkah told Ka'b ibn Ashraf that they were a people who cheated by making false promises. Then, they challenged them to prostrate before two particular idols (Jibt and Taghut) there, if they really meant what they had said.So, in order to assure the Quraysh, he did exactly that. After that, Ka'b told the Quraysh: 'Let thirty people from among you and thirty people from among us come forward so that we declare our resolve before the Lord of the Ka'bah that all of us will jointly fight against Muhammad ﷺ .The Quraysh liked this proposal from Ka'b and this was how they opened a united front against Muslims. After that, Abu Sufyan told Ka'b: You are learned people. You have the Book of Allah with you. But, we are totally ignorant. Now, you let us know what do you think about us - tell us if we are on the right path, or is it Muhammad?Ka'b asked: 'What is your religion?' Abu Sufyan said: 'We slaughter our camels for the Hajj. We offer their milk to pilgrims, and entertain guests. We maintain good relations with our kin. We make tawaf of the House of Allah and perform ` Umrah. Contrary to this, Muhammad ﷺ has abandoned his ancestral religion and he has cut himself off from his own people and, on top of that, he has challenged our ancestral religion by introducing a new religion of his own.'Hearing all this, Ka'b ibn Ashraf said: 'You people are on the right path. Muhammad, ﷺ has gone astray.'Thereupon, Allah Almighty revealed these verses and, thus, exposed their lying and deceit. (Ruh al-Ma’ ani)The blind pursuit of material gains sometimes makes man surrender religion and faithKa'b ibn Ashraf was a distinguished scholar among the Jews. He believed in God and worshipped none but Him. However, when the ghost of overweening personal desires overpowered his mind and heart, he offered to join forces with the Quraysh against Muslims. As we already know, the Quraysh put forth the condition that he should prostrate before their idols. He swallowed this bitter pill to achieve his personal end. Here, we see that he squarely stooped to fulfill the condition imposed by the Quraysh, something, contrary to his religion, but he made no effort to stand by his religious beliefs and did not show the courage to part ways with them on so crucial an issue. The Holy Qur'an mentions a similar incident elsewhere concerning Bal'am ibn Ba’ ur. It says: وَاتْلُ عَلَيْهِمْ نَبَأَ الَّذِي آتَيْنَاهُ آيَاتِنَا فَانسَلَخَ مِنْهَا فَأَتْبَعَهُ الشَّيْطَانُ فَكَانَ مِنَ الْغَاوِينَ ﴿175﴾ (Recite to them the news of the one who was given Our signs, then he eased out from it and followed the Satan, and he was one of those who seduce people to err.) (7:175)Commentators say that Bal'am ibn Ba’ ur was a great scholar and a mendicant who wielded spiritual powers. But, when he launched his sinister plans against Sayyidna Musa (علیہ السلام) ، in an effort to achieve his personal desires, he was unable to achieve anything against him, but what did happen was that he himself ended up being accursed and went astray.This tells us that religious knowledge as culled from a book is not enough to guarantee the desired benefit. What is needed is action sought by the knowledge. This will not be possible unless one totally abstains from material greed and from the pursuit of carnal desires. Otherwise, man would not stay strong enough to resist against sacrificing something so dear as his religion on the altar of his desires. In our own time, we have the kind of people who would abandon their trice creed just to achieve their material and political goals. Some of them would go for the extra effort to dress up their secular beliefs and views with the garb of Islam. Such people less care about the grave Covenant between God and man, nor do they worry much about what would happen to them in the Akhirah. All this happens when one abandons his true and right creed and starts following the signals of the Satan.
51
4
أُو۟لَٰٓئِكَ ٱلَّذِينَ لَعَنَهُمُ ٱللَّهُ وَمَن يَلْعَنِ ٱللَّهُ فَلَن تَجِدَ لَهُۥ نَصِيرًا
<p>The curse of Allah causes disgrace here and hereinafter</p><p>The Qur'anic word, 'la'nah' (translated as 'curse' in absence of a more exact equivalent) means being far removed from the mercy of Allah, extremely debased and disgraced. Anyone under 'la'nah' from Allah cannot be close to Allah. For such accursed ones admonitions are very stern. The Holy Qura'n says: مَّلْعُونِينَ ۖ أَيْنَمَا ثُقِفُوا أُخِذُوا وَقُتِّلُوا تَقْتِيلًا ﴿61﴾ (The accursed, wherever they be, are to be caught and killed massacre-like.) (33:61). This is their disgrace in the present life - the disgrace in the Akhirah will be far too grim to contemplate.</p><p>Who deserves the 'la'nah' of Allah?</p><p>The words of the Holy Qur'an in verse 52: وَمَن يَلْعَنِ اللَّـهُ فَلَن تَجِدَ لَهُ نَصِيرً‌ا state that anyone under the curse of Allah has no helper to help him in that predicament. The point to ponder is: Who are these people who become deserving of this 'la'nah' from Allah?</p><p>According to a hadith, the Holy Prophet ﷺ has cursed the giver of interest, the receiver and the consumer of interest, and its writer and the one who bears witness to it, the whole lot of them, all of them equally involved in the sin. (Narrated by Muslim as in Mishkat)</p><p>There is another hadith in which he said: مَلعُونُ مَن عَمِلَ عَمَلَ قوم لوط (Cursed is he who does what the people of Lut (علیہ السلام) used to do). Narrated by Razin and appearing in Mishkat, the reference is to the male homosexual. Then, he said: 'Allah sends his curse on the thief who would not stop from stealing even very small things like eggs and ropes, and in retribution to which, his hand is cut off.' (Mishkat) In another hadith, he said:</p><p>لَعَنَ اللہُ اکَلَ الرِّبٰوا و مُؤکِلَہ وَ الوَاشِمَۃَ و المسُتَوشِمَۃَ و المصُوِّرَ</p><p>"Allah curses the eater of interest, and its feeder, and the woman who tattooes another woman and the woman who tattoos herself, and the picture-maker." (Bukhari, from Mishkat)</p><p>In yet another hadith, he has said: 'Allah sends His curse on liquor, its consumer and its server, its seller and purchaser, its squeezers, its handlers, transporters and orderers, on all of them.' (Abu Dawud, ibn Majah, from Mishkat)</p><p>In still another hadith, the Holy Prophet ﷺ has said: 'There are six types of people I have cursed and Allah Almighty has also cursed them - and every prophet is blessed with the acceptance of his prayers - those six are:</p><p>(1) One who commits excess in the matter of Allah's Book;</p><p>(2) and one who rises to power by force and terror, then honours a person disgraced by Allah and brings disgrace on a person honoured by Allah;</p><p>(3) the denier of destiny determined by Allah;</p><p>(4) one who takes as lawful what has been made unlawful by Allah;</p><p>(5) the person in my progeny who rules what has been forbidden as lawful;</p><p>(6) and the one who gives up my way-(sunnah).' (Baihaqi in Al-Mudkhal from Mishkat)</p><p>In another hadith, he said: لَعَنَ اللہُ اَلنَّاظِرَ و المَنظُورَ اِلَیہِ 'Allah curses the ogler and the ogled at.' It means that the curse of Allah falls on anyone who looks at someone in an evil way, someone who is a non-Mahram, that is, someone outside the count of those in the family he is permitted to see because marriage with them is forbidden forever. This is why such a nazir, the onlooker of the other, comes under the curse of Allah. As for the manzur ilaihi, the one who is looked at lustfully, the same curse will apply subject to his or her having deliberately and invitingly caused such a look to be cast.</p><p>Sayyidna Abu Hurairah ؓ narrates:</p><p>لَعَنَ رَسول اللہ ﷺ اَلرَّجُلَ یَلبِس لبسَۃَ المرَّأَۃِ ، وَالمَرأَۃَ تلبَس لبسَۃَ الرَّجلِ</p><p>"The Holy Prophet ﷺ has cursed the man who dresses like a woman and the woman who dresses like a man. (Mishkat)</p><p>The following report from Abu Dawud (رح) appears in Mishkat:</p><p>عَن عایٔشۃ ؓ أن امراۃ تلبس النعل، قالت لعن رسول اللہ ﷺ الرجلۃ من النساء</p><p>"Someone told Sayyidah ` A'ishah ؓ about a woman who wore (men's) shoes. Sayyidah ` A'ishah ؓ said: The Messenger of Allah ﷺ has cursed the woman who takes to masculine ways.'</p><p>A narration from Sayyidna Ibn ` Abbas ؓ reports:</p><p>عن ابن عباس ؓ قال : لعن النبی ﷺ المخنثین من الرجال، والمترجلات من النساء، و قال اخرجوھم من بیوتکم (رواہ البخاری بحوالہ مشکوۃ)</p><p>"The Holy Prophet ﷺ has cursed the effeminate from among men (who, in dress and looks, emulate women-like transvestites) and he has cursed the masculinized from among women (who, in dress, looks and ways, act man-like). And he said: 'Expel them out of you homes.' " (Bukhari, from Mishkat)</p><p>Also from al-Bukhri comes the report that Sayyidna ` Abdullah ib Masud ؓ said:</p><p>لعن اللہ الواشمات والمستوشمات والمتنمصات والمتفلجات للحسن المغیرات خلق اللہ</p><p>The curse of Allah be on the tattooers and the tattooed, on the pickers of eye-brows and the cleavers of teeth as aids to beauty - they are the makers of alteration in the creation of Allah."</p><p>Rules about La'nah</p><p>La'nah is the denouncing of something or the calling down of evil on someone. 'Curse' is the most widely used equivalent for it. Two formal substitutes for 'curse' in this sense are 'execration' and 'imprecation'. 'Execration' is the face-to-face denunciation or the ill wished, while 'imprecation' is somewhat privately expressed. Call it by whatever name, the act of invoking 'La` nah' is a terrible thing to do. Because of the amount of evil it releases, corresponding heavy restrictions have been placed against its use. Invoking La'nah against a Muslim is harm (forbidden) and the sole condition when this can be done against a kafir (disbeliever) is that the imprecator must be sure that the disbeliever will die clinging to his disbelief. Given below are some authentic sayings of the Holy Prophet ﷺ on this subject:</p><p>عن ابن مسعود ؓ قال : قال رسول اللہ ﷺ لیس المؤمن بالطعّان ولا باللعان ولا البذی (الترمذی بحوالہ مشکوۃ)</p><p>"According to Sayyidna Ibn Masud ؓ عنہما the Holy Prophet ﷺ said: 'A true Muslim is no taunter or imprecator, nor is he foul-mouthed.'" (Tirmidhi, from Mishkat)</p><p>عن ابی الدرداء قال سمعت رسول اللہ ﷺ یقول : إنّ العبد إذا لعن شیٔاً صعدت اللُغۃ إلی السماء، فتغلق ابواب السماء دونھا، ثمّ تھبط الی الارض فتغلق ابوابھا دونھا، ثمّ تاخذ یمیناً وشمالاً ، فاذا لم تجد مساغاً رجعت إلی الّذی لعن فان کان لذلک اھلاً والا رجعت إلی قایٔلھا (رواہ ابو داؤد بحوالہ مشکوۃ)</p><p>"Sayyidna Abu al-Darda' (رح) says that he heard the Holy Prophet ﷺ say: 'When a servant of Allah curses something, the curse goes up towards the sky whereupon the doors of the sky are closed on it. After that, it comes down towards the earth whereupon the doors of the earth are closed on it (that is, the earth does not accept this curse). After that, it takes a right, and then a left, but, as it finds no access anywhere, it returns to the one who was cursed. So, if he is really deserving of it, on him it falls; otherwise, it returns back to its pronouncer and falls on him." (Abu Dawud, cited by Mishkat)</p><p>عن ابن عباس ان رجلا نازعتہ الریح رداءہ فلعنھا فقال رسول اللہ ﷺ : لا تلعنھا فانھا مامورۃ، و انہ من لعن شیٔا لیس لہ باھل رجعت اللعنۃ علیہ۔ (رواہ الترمذی بحوالہ مشکوۃ) ,</p><p>"It has been reported by Sayyidna Ibn ` Abbas ؓ ، that the wind swooped away the sheet-cloak of a man and he cursed the wind, whereupon the Holy Prophet ﷺ said: 'Do not curse it for it is under orders (from Allah) and (remember) whosoever curses something which does not deserve the curse, then, the curse returns to none but him." (Tirmidhl, cited by Mishkat, p. 413)</p><p>Rulings:</p><p>1. Unless it is known about a particular person that he has died in a state of kufr (disbelief), invoking La'nah on him is not permissible - even though he may be a sinful person. Based on this principle, Allamah Ibn ` Abidin has advised against cursing Yazid. But, should it be on a particular kafir whose death in a state of disbelief is certain, for instance, Abu Jahl and Abu Lahab, then, it is permissible. (Shami, v.2, p.836)</p><p>2. Cursing without naming anyone is permissible, for example, saying: 'God's curse upon liars (or tyrants) ! '</p><p>Literally, La'nah means being far removed from the mercy of Allah. In the terminology of the Shari’ ah, when applied to disbelievers, it refers to their being far far off from the mercy of Allah; and when it is applied to Muslims, it refers to their having fallen down the level of the righteous (reported by Shami from a1-Quhistani, v.2, p.836). Therefore, praying that the good deeds of a Muslim may decrease is also not permissible.</p>
The curse of Allah causes disgrace here and hereinafterThe Qur'anic word, 'la'nah' (translated as 'curse' in absence of a more exact equivalent) means being far removed from the mercy of Allah, extremely debased and disgraced. Anyone under 'la'nah' from Allah cannot be close to Allah. For such accursed ones admonitions are very stern. The Holy Qura'n says: مَّلْعُونِينَ ۖ أَيْنَمَا ثُقِفُوا أُخِذُوا وَقُتِّلُوا تَقْتِيلًا ﴿61﴾ (The accursed, wherever they be, are to be caught and killed massacre-like.) (33:61). This is their disgrace in the present life - the disgrace in the Akhirah will be far too grim to contemplate.Who deserves the 'la'nah' of Allah?The words of the Holy Qur'an in verse 52: وَمَن يَلْعَنِ اللَّـهُ فَلَن تَجِدَ لَهُ نَصِيرً‌ا state that anyone under the curse of Allah has no helper to help him in that predicament. The point to ponder is: Who are these people who become deserving of this 'la'nah' from Allah?According to a hadith, the Holy Prophet ﷺ has cursed the giver of interest, the receiver and the consumer of interest, and its writer and the one who bears witness to it, the whole lot of them, all of them equally involved in the sin. (Narrated by Muslim as in Mishkat)There is another hadith in which he said: مَلعُونُ مَن عَمِلَ عَمَلَ قوم لوط (Cursed is he who does what the people of Lut (علیہ السلام) used to do). Narrated by Razin and appearing in Mishkat, the reference is to the male homosexual. Then, he said: 'Allah sends his curse on the thief who would not stop from stealing even very small things like eggs and ropes, and in retribution to which, his hand is cut off.' (Mishkat) In another hadith, he said:لَعَنَ اللہُ اکَلَ الرِّبٰوا و مُؤکِلَہ وَ الوَاشِمَۃَ و المسُتَوشِمَۃَ و المصُوِّرَ"Allah curses the eater of interest, and its feeder, and the woman who tattooes another woman and the woman who tattoos herself, and the picture-maker." (Bukhari, from Mishkat)In yet another hadith, he has said: 'Allah sends His curse on liquor, its consumer and its server, its seller and purchaser, its squeezers, its handlers, transporters and orderers, on all of them.' (Abu Dawud, ibn Majah, from Mishkat)In still another hadith, the Holy Prophet ﷺ has said: 'There are six types of people I have cursed and Allah Almighty has also cursed them - and every prophet is blessed with the acceptance of his prayers - those six are:(1) One who commits excess in the matter of Allah's Book;(2) and one who rises to power by force and terror, then honours a person disgraced by Allah and brings disgrace on a person honoured by Allah;(3) the denier of destiny determined by Allah;(4) one who takes as lawful what has been made unlawful by Allah;(5) the person in my progeny who rules what has been forbidden as lawful;(6) and the one who gives up my way-(sunnah).' (Baihaqi in Al-Mudkhal from Mishkat)In another hadith, he said: لَعَنَ اللہُ اَلنَّاظِرَ و المَنظُورَ اِلَیہِ 'Allah curses the ogler and the ogled at.' It means that the curse of Allah falls on anyone who looks at someone in an evil way, someone who is a non-Mahram, that is, someone outside the count of those in the family he is permitted to see because marriage with them is forbidden forever. This is why such a nazir, the onlooker of the other, comes under the curse of Allah. As for the manzur ilaihi, the one who is looked at lustfully, the same curse will apply subject to his or her having deliberately and invitingly caused such a look to be cast.Sayyidna Abu Hurairah ؓ narrates:لَعَنَ رَسول اللہ ﷺ اَلرَّجُلَ یَلبِس لبسَۃَ المرَّأَۃِ ، وَالمَرأَۃَ تلبَس لبسَۃَ الرَّجلِ"The Holy Prophet ﷺ has cursed the man who dresses like a woman and the woman who dresses like a man. (Mishkat)The following report from Abu Dawud (رح) appears in Mishkat:عَن عایٔشۃ ؓ أن امراۃ تلبس النعل، قالت لعن رسول اللہ ﷺ الرجلۃ من النساء"Someone told Sayyidah ` A'ishah ؓ about a woman who wore (men's) shoes. Sayyidah ` A'ishah ؓ said: The Messenger of Allah ﷺ has cursed the woman who takes to masculine ways.'A narration from Sayyidna Ibn ` Abbas ؓ reports:عن ابن عباس ؓ قال : لعن النبی ﷺ المخنثین من الرجال، والمترجلات من النساء، و قال اخرجوھم من بیوتکم (رواہ البخاری بحوالہ مشکوۃ)"The Holy Prophet ﷺ has cursed the effeminate from among men (who, in dress and looks, emulate women-like transvestites) and he has cursed the masculinized from among women (who, in dress, looks and ways, act man-like). And he said: 'Expel them out of you homes.' " (Bukhari, from Mishkat)Also from al-Bukhri comes the report that Sayyidna ` Abdullah ib Masud ؓ said:لعن اللہ الواشمات والمستوشمات والمتنمصات والمتفلجات للحسن المغیرات خلق اللہThe curse of Allah be on the tattooers and the tattooed, on the pickers of eye-brows and the cleavers of teeth as aids to beauty - they are the makers of alteration in the creation of Allah."Rules about La'nahLa'nah is the denouncing of something or the calling down of evil on someone. 'Curse' is the most widely used equivalent for it. Two formal substitutes for 'curse' in this sense are 'execration' and 'imprecation'. 'Execration' is the face-to-face denunciation or the ill wished, while 'imprecation' is somewhat privately expressed. Call it by whatever name, the act of invoking 'La` nah' is a terrible thing to do. Because of the amount of evil it releases, corresponding heavy restrictions have been placed against its use. Invoking La'nah against a Muslim is harm (forbidden) and the sole condition when this can be done against a kafir (disbeliever) is that the imprecator must be sure that the disbeliever will die clinging to his disbelief. Given below are some authentic sayings of the Holy Prophet ﷺ on this subject:عن ابن مسعود ؓ قال : قال رسول اللہ ﷺ لیس المؤمن بالطعّان ولا باللعان ولا البذی (الترمذی بحوالہ مشکوۃ)"According to Sayyidna Ibn Masud ؓ عنہما the Holy Prophet ﷺ said: 'A true Muslim is no taunter or imprecator, nor is he foul-mouthed.'" (Tirmidhi, from Mishkat)عن ابی الدرداء قال سمعت رسول اللہ ﷺ یقول : إنّ العبد إذا لعن شیٔاً صعدت اللُغۃ إلی السماء، فتغلق ابواب السماء دونھا، ثمّ تھبط الی الارض فتغلق ابوابھا دونھا، ثمّ تاخذ یمیناً وشمالاً ، فاذا لم تجد مساغاً رجعت إلی الّذی لعن فان کان لذلک اھلاً والا رجعت إلی قایٔلھا (رواہ ابو داؤد بحوالہ مشکوۃ)"Sayyidna Abu al-Darda' (رح) says that he heard the Holy Prophet ﷺ say: 'When a servant of Allah curses something, the curse goes up towards the sky whereupon the doors of the sky are closed on it. After that, it comes down towards the earth whereupon the doors of the earth are closed on it (that is, the earth does not accept this curse). After that, it takes a right, and then a left, but, as it finds no access anywhere, it returns to the one who was cursed. So, if he is really deserving of it, on him it falls; otherwise, it returns back to its pronouncer and falls on him." (Abu Dawud, cited by Mishkat)عن ابن عباس ان رجلا نازعتہ الریح رداءہ فلعنھا فقال رسول اللہ ﷺ : لا تلعنھا فانھا مامورۃ، و انہ من لعن شیٔا لیس لہ باھل رجعت اللعنۃ علیہ۔ (رواہ الترمذی بحوالہ مشکوۃ) ,"It has been reported by Sayyidna Ibn ` Abbas ؓ ، that the wind swooped away the sheet-cloak of a man and he cursed the wind, whereupon the Holy Prophet ﷺ said: 'Do not curse it for it is under orders (from Allah) and (remember) whosoever curses something which does not deserve the curse, then, the curse returns to none but him." (Tirmidhl, cited by Mishkat, p. 413)Rulings:1. Unless it is known about a particular person that he has died in a state of kufr (disbelief), invoking La'nah on him is not permissible - even though he may be a sinful person. Based on this principle, Allamah Ibn ` Abidin has advised against cursing Yazid. But, should it be on a particular kafir whose death in a state of disbelief is certain, for instance, Abu Jahl and Abu Lahab, then, it is permissible. (Shami, v.2, p.836)2. Cursing without naming anyone is permissible, for example, saying: 'God's curse upon liars (or tyrants) ! 'Literally, La'nah means being far removed from the mercy of Allah. In the terminology of the Shari’ ah, when applied to disbelievers, it refers to their being far far off from the mercy of Allah; and when it is applied to Muslims, it refers to their having fallen down the level of the righteous (reported by Shami from a1-Quhistani, v.2, p.836). Therefore, praying that the good deeds of a Muslim may decrease is also not permissible.
52
4
أَمْ لَهُمْ نَصِيبٌ مِّنَ ٱلْمُلْكِ فَإِذًا لَّا يُؤْتُونَ ٱلنَّاسَ نَقِيرًا
<p>Linked with previous verses, the description of Jewish traits of character continues in the present verses as well.</p>
Linked with previous verses, the description of Jewish traits of character continues in the present verses as well.
53
4
أَمْ يَحْسُدُونَ ٱلنَّاسَ عَلَىٰ مَآ ءَاتَىٰهُمُ ٱللَّهُ مِن فَضْلِهِۦ فَقَدْ ءَاتَيْنَآ ءَالَ إِبْرَٰهِيمَ ٱلْكِتَٰبَ وَٱلْحِكْمَةَ وَءَاتَيْنَٰهُم مُّلْكًا عَظِيمًا
<p>Commentary</p><p>Admonishing Jews for being unreasonably envious</p><p>The knowledge, the grace, the high rank and the grandeur of mission given by Allah Almighty to the Noble Prophet ﷺ made Jews all too jealous. Verses 53 and 54 strongly admonish this attitude of theirs, giving two reasons why their envy was unreasonable. The first reason appears in verse 53, while the second, in verse 54. But, the outcome of both is the same. The drift of the argument is: 'What is the basis of your envy? If this is because you think you are the real inheritors of the kingdom and what he has been blessed with is actually yours, obviously then, this is all wrong. As it is, right now you have no kingdom. Even if you came to have some of it, you are not the kind to give anything to anybody. If your envy is based on the realization that the kingdom, no doubt, did not pass from you onto him, still, the question remains, why did it have to go to him at all. What relevance does he have with having a kingdom? The answer given was: He too comes from the family of prophets who have ruled over kingdoms before him. So, the kingdom has really not come to a stranger. Your envy, therefore, is unreasonable.'</p><p>The definition and rules of envy</p><p>` Allamah al-Nawawi, the Commentator of Muslim, defines Hasad as : اَلحَسَدُ تَمَیّ زَوَّالِ النِّعمَۃ (Muslim, v.2). It means that Hasad (envy) is a desire to see the other person's blessing somehow disappear, and this is harm (forbidden).</p><p>The Holy Prophet ﷺ has said:</p><p>لا تباڈضواولا تحاسدوا ولا تدابروا ، وکونوا عباد اللہ اخواناً ، ولا یحل لمسلم ان یھجر اخاہ فوق ثلاث</p><p>"Do not hate and do not envy and do not turn your backs on each other. Instead, become servants of Allah, as brothers. And it is not lawful for a Muslim that he abandons his brother for more than three days." (Muslim, v.2)</p><p>In another hadith, he has said:</p><p>اِیاکم والحسد، فإن الحسد یأکل الحسنات کما تاکل النار الحطب</p><p>"Beware of envy, for envy eats up good deeds as the fire eats up wood." (Abu Dwud, cited by Mishkat)</p><p>Sayyidna Zubayr ؓ ، narrates that the Holy Prophet ﷺ said:</p><p>عن الزبیر ؓ قال : قال رسول اللہ ﷺ : دب الیکم داء الامم قبلکم، الحسد والبغضاء ھی لحالقۃ، لا إقول تحلق الشعر، ولکن تحلق الدین</p><p>"Stealthily creeping into you is the disease of earlier peoples - envy; and hatred, which is a shaver. I do not say that it shaves hair, but it does shave the religion off." (Ahmad and Tirmidhi, cited by Mishkat)</p><p>Envy, whether it be on account of someone's worldly, or spiritual excellence, is harem (forbidden) on both counts, as the words أَمْ لَهُمْ نَصِيبٌ مِّنَ الْمُلْكِ (Is it that they have a share in the kingdom?) seem to point out towards worldly excellence, while the words الْكِتَابَ وَالْحِكْمَةَ (54) (the Book and the wisdom) are indicative of spiritual excellence.</p>
CommentaryAdmonishing Jews for being unreasonably enviousThe knowledge, the grace, the high rank and the grandeur of mission given by Allah Almighty to the Noble Prophet ﷺ made Jews all too jealous. Verses 53 and 54 strongly admonish this attitude of theirs, giving two reasons why their envy was unreasonable. The first reason appears in verse 53, while the second, in verse 54. But, the outcome of both is the same. The drift of the argument is: 'What is the basis of your envy? If this is because you think you are the real inheritors of the kingdom and what he has been blessed with is actually yours, obviously then, this is all wrong. As it is, right now you have no kingdom. Even if you came to have some of it, you are not the kind to give anything to anybody. If your envy is based on the realization that the kingdom, no doubt, did not pass from you onto him, still, the question remains, why did it have to go to him at all. What relevance does he have with having a kingdom? The answer given was: He too comes from the family of prophets who have ruled over kingdoms before him. So, the kingdom has really not come to a stranger. Your envy, therefore, is unreasonable.'The definition and rules of envy` Allamah al-Nawawi, the Commentator of Muslim, defines Hasad as : اَلحَسَدُ تَمَیّ زَوَّالِ النِّعمَۃ (Muslim, v.2). It means that Hasad (envy) is a desire to see the other person's blessing somehow disappear, and this is harm (forbidden).The Holy Prophet ﷺ has said:لا تباڈضواولا تحاسدوا ولا تدابروا ، وکونوا عباد اللہ اخواناً ، ولا یحل لمسلم ان یھجر اخاہ فوق ثلاث"Do not hate and do not envy and do not turn your backs on each other. Instead, become servants of Allah, as brothers. And it is not lawful for a Muslim that he abandons his brother for more than three days." (Muslim, v.2)In another hadith, he has said:اِیاکم والحسد، فإن الحسد یأکل الحسنات کما تاکل النار الحطب"Beware of envy, for envy eats up good deeds as the fire eats up wood." (Abu Dwud, cited by Mishkat)Sayyidna Zubayr ؓ ، narrates that the Holy Prophet ﷺ said:عن الزبیر ؓ قال : قال رسول اللہ ﷺ : دب الیکم داء الامم قبلکم، الحسد والبغضاء ھی لحالقۃ، لا إقول تحلق الشعر، ولکن تحلق الدین"Stealthily creeping into you is the disease of earlier peoples - envy; and hatred, which is a shaver. I do not say that it shaves hair, but it does shave the religion off." (Ahmad and Tirmidhi, cited by Mishkat)Envy, whether it be on account of someone's worldly, or spiritual excellence, is harem (forbidden) on both counts, as the words أَمْ لَهُمْ نَصِيبٌ مِّنَ الْمُلْكِ (Is it that they have a share in the kingdom?) seem to point out towards worldly excellence, while the words الْكِتَابَ وَالْحِكْمَةَ (54) (the Book and the wisdom) are indicative of spiritual excellence.
54
4
فَمِنْهُم مَّنْ ءَامَنَ بِهِۦ وَمِنْهُم مَّن صَدَّ عَنْهُ وَكَفَىٰ بِجَهَنَّمَ سَعِيرًا
55
4
إِنَّ ٱلَّذِينَ كَفَرُوا۟ بِـَٔايَٰتِنَا سَوْفَ نُصْلِيهِمْ نَارًا كُلَّمَا نَضِجَتْ جُلُودُهُم بَدَّلْنَٰهُمْ جُلُودًا غَيْرَهَا لِيَذُوقُوا۟ ٱلْعَذَابَ إِنَّ ٱللَّهَ كَانَ عَزِيزًا حَكِيمًا
<p>Particular believers and disbelievers were mentioned in the previous verses. Stated now is the reward and punishment of a believer and a disbeliever as a universal rule.</p><p>Commentary</p><p>Explaining the highly apocalyptic statement كُلَّمَا نَضِجَتْ جُلُودُهُم بَدَّلْنَاهُمْ in verse 56, Sayyidna Mu` adh ؓ says that as soon as their skin is burnt out it will be replaced - and this will be with such speed that the skin will be replaced a hundred times in one moment.</p><p>Sayyidna Hasan al-Basri (رح) says:</p><p>تاکل النار کلّ یوم سبعین الف مرّۃ کلما اکلتھم قیل لھم : عودوا فیعودون کما کانوا (اخرج البیھقی عین الحسن بحوالہ مظھری ج 2)</p><p>"The fire will eat them everyday seventy thousand times. When it would have eaten them up, they will be commanded: 'Return’. So, they shall return to be as they were." (al-Baihaqi, as quoted by Mazhari)</p><p>According to a narration in al-Bukhari and Muslim, the Holy Prophet ﷺ said: عن انبی ﷺ قال : ان اھون اھل النار عذابا رجل فی اخمص قدمیہ جمرتان یغلی منھما دماحہ کما یغلی الرجل بالقمقم (رواہ البخاری و مسلم ، بحوالہ الترغیب و الترھیب ج 4 ص 239)</p><p>"Lightest in punishment among the people of fire will be the man in the sole of whose feet there will be two smoldering embers the heat from which will keep his brain boiling like a cauldron boiling to the brim." (Almundhiri, al-Targhib v.4, p.239)</p><p>An explanation of 'purified wives'</p><p>According to Hakim, Sayyidna Abu Said al-Khudri ؓ narrated that the Holy Prophet ﷺ said: The women of Jannah will be pure, that is, pure from menstruation, defecation, urination and nasal mucus.</p><p>Mujahid adds to the above by saying: They shall also be 'pure and free from procreation and seminal impurity.' (Mazhari)</p><p>Let us now look at the last two words: ظِلًّا ظَلِيلًا in verse 57. Here, by mentioning ظلیل after ظل it has been mentioned that the shade in Jannah will be dense and ever-present. This is like saying: شَمسُ شَامِسُ or لیللُ لِیٔیلُ which indicate that the blessings of Paradise will last forever.</p><p>Sayyidna Abu Hurairah narrates that the Holy Prophet ﷺ said: اِن فی الجنۃ الشجرۃ یسیر الراکب فی ظلھا مأۃ عام ما یقطعھا، اقروا إن شٔتم و ظل ممدود</p><p>"There is a tree in Paradise. If a rider were to ride under its shade for a hundred years, he will still not cross it. Read, if you wish, وَظِلٍّ مَّمْدُودٍ (A shade, ever-extended, ever-stretched)."</p><p>Explaining ظِلًّا ظَلِيلًا ، Rabi' ibn Anas said:</p><p>ھو ظل العرش الذی لا یزول</p><p>"That is the shade of the Throne (al-'arsh) which will never decline."</p>
Particular believers and disbelievers were mentioned in the previous verses. Stated now is the reward and punishment of a believer and a disbeliever as a universal rule.CommentaryExplaining the highly apocalyptic statement كُلَّمَا نَضِجَتْ جُلُودُهُم بَدَّلْنَاهُمْ in verse 56, Sayyidna Mu` adh ؓ says that as soon as their skin is burnt out it will be replaced - and this will be with such speed that the skin will be replaced a hundred times in one moment.Sayyidna Hasan al-Basri (رح) says:تاکل النار کلّ یوم سبعین الف مرّۃ کلما اکلتھم قیل لھم : عودوا فیعودون کما کانوا (اخرج البیھقی عین الحسن بحوالہ مظھری ج 2)"The fire will eat them everyday seventy thousand times. When it would have eaten them up, they will be commanded: 'Return’. So, they shall return to be as they were." (al-Baihaqi, as quoted by Mazhari)According to a narration in al-Bukhari and Muslim, the Holy Prophet ﷺ said: عن انبی ﷺ قال : ان اھون اھل النار عذابا رجل فی اخمص قدمیہ جمرتان یغلی منھما دماحہ کما یغلی الرجل بالقمقم (رواہ البخاری و مسلم ، بحوالہ الترغیب و الترھیب ج 4 ص 239)"Lightest in punishment among the people of fire will be the man in the sole of whose feet there will be two smoldering embers the heat from which will keep his brain boiling like a cauldron boiling to the brim." (Almundhiri, al-Targhib v.4, p.239)An explanation of 'purified wives'According to Hakim, Sayyidna Abu Said al-Khudri ؓ narrated that the Holy Prophet ﷺ said: The women of Jannah will be pure, that is, pure from menstruation, defecation, urination and nasal mucus.Mujahid adds to the above by saying: They shall also be 'pure and free from procreation and seminal impurity.' (Mazhari)Let us now look at the last two words: ظِلًّا ظَلِيلًا in verse 57. Here, by mentioning ظلیل after ظل it has been mentioned that the shade in Jannah will be dense and ever-present. This is like saying: شَمسُ شَامِسُ or لیللُ لِیٔیلُ which indicate that the blessings of Paradise will last forever.Sayyidna Abu Hurairah narrates that the Holy Prophet ﷺ said: اِن فی الجنۃ الشجرۃ یسیر الراکب فی ظلھا مأۃ عام ما یقطعھا، اقروا إن شٔتم و ظل ممدود"There is a tree in Paradise. If a rider were to ride under its shade for a hundred years, he will still not cross it. Read, if you wish, وَظِلٍّ مَّمْدُودٍ (A shade, ever-extended, ever-stretched)."Explaining ظِلًّا ظَلِيلًا ، Rabi' ibn Anas said:ھو ظل العرش الذی لا یزول"That is the shade of the Throne (al-'arsh) which will never decline."
56
4
وَٱلَّذِينَ ءَامَنُوا۟ وَعَمِلُوا۟ ٱلصَّٰلِحَٰتِ سَنُدْخِلُهُمْ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَآ أَبَدًا لَّهُمْ فِيهَآ أَزْوَٰجٌ مُّطَهَّرَةٌ وَنُدْخِلُهُمْ ظِلًّا ظَلِيلًا
57
4
إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَٰنَٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦٓ إِنَّ ٱللَّهَ كَانَ سَمِيعًۢا بَصِيرًا
<p>Commentary</p><p>The background of the revelation of these verses</p><p>The first of the two verses cited above was revealed in the back-ground of a particular event which related to the custodial service of the Ka'bah, an office of great honour even before the advent of Islam. Those who were appointed to serve the House of Allah in a particular area of responsibility were regarded as people of great prestige and distinction in the community. Therefore, different areas of services were distributed over different people. It was from the time of Jahilliyah that, during the days of Hajj, the service of providing drinking water to pilgrims from the well of Zamzam was entrusted to Sayyidna ` Abbas ؓ ، the revered uncle of the Holy Prophet ﷺ . This was known as Siqayah سقایہ . Some other services similar to this were in the charge of Abu Talib, another uncle of the Holy Prophet ﷺ . Likewise, the custodial duty of keeping the keys to the House of Allah and of opening and closing it during fixed days had been given to ` Uthman ibn Talhah.</p><p>According to a personal statement of ` Uthman ibn Talhah, the Ka'bah was opened every Monday and Thursday during the period of Jahilliyah and people would use the occasion to have the honour of entering the sacred House. Once before Hijrah, the Holy Prophet ﷺ came with some of his Companions in order to enter the Ka'bah. ` Uthman ibn Talhah had not embraced Islam until that time. He stopped the Holy Prophet ﷺ from going in, displaying an attitude which was very rude. The Holy Prophet ﷺ showed great restraint, tolerated his harsh words, then said: 'O ` Uthman, a day will come when you would perhaps see this key to the Baytullah in my hands when I shall have the power and choice to give it to anyone I choose.' ` Uthman ibn Talhah said: 'If this happens, the Quraysh will then be all uprooted and disgraced.' He said: 'No, the Quraysh will then be all established and very honourable indeed.' Saying this, he went into the Baytullah. After that, says Talhah, when I did a little soul-searching, I became convinced that whatever he has said is bound to happen. I made up my mind that I am going to embrace Islam then and there. But, my own people around me vehemently opposed the idea and everybody joined in to chide me on my decision. So, I was unable to convert to Islam. When came the conquest of Makkah, the Holy Prophet ﷺ called for me and asked for the key to Baytullah, which I presented to him.'</p><p>In some narrations, it is said that ` Uthman ibn Talhah had climbed over the Baytullah with the key. It was Sayyidna Ali ؓ who, in deference to the order of the Holy Prophet ﷺ ، had forcibly taken the key from his hand and had given it to the Holy Prophet ﷺ .</p><p>So he went into the Baytullah, offered his prayers there, and when he came out, he returned the key to Talhah saying: 'Here, take it. Now this key will always remain with your family right through the Last Day. Anyone who will take this key from you will be a tyrant.' (By this he meant that nobody has the right to take back this key from Talhah) He also instructed him to use whatever money or things he may get in return for this service to Baytullah in accordance with the rules set by the Shari'ah of Islam.</p><p>` Uthman ibn Talhah says: 'When I, with the key in my hand, started walking off all delighted, he called me again, and said: ` Remember ` Uthman, did I not tell you, something way back? Has it come to pass, or has it not?' Now, I remembered what he had said before Hijrah when he had said: 'A day will come when you will see this key in my hand.' I submitted: 'Yes, there is no doubt about it. Your word has come true.' And that was the time when I recited the Kalimah and entered the fold of Islam.' (Mazhari, from Ibn Sa'd).</p><p>Sayyidna ` Umar ibn Al-Khattab ؓ al says: 'That day, when the Holy Prophet ﷺ came out of the Baytullah, he was reciting this very verse, that is, إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا (58). I had never heard him recite this verse before this.' Obviously, this verse was revealed to him inside the Ka'bah exactly at that time. Obeying the Divine command in the verse, the Holy Prophet ﷺ called ` Uthman ibn Talhah again and made him the trustee of the key, because ` Uthman ibn Talhah when he had given the key to the Holy Prophet ﷺ ، had said: 'I hand over this article of trust to you.' Although, the remark he made was not technically correct as it was the sole right of the Holy Prophet ﷺ to take whatever course of action he deemed fit. But, the Holy Qur'an has, in this verse, taken into consideration the nature of trust involved therein, and directed the Holy Prophet ﷺ to return the key to none else but ` Uthman, although, that was a time when Sayyidna ` Abbas and Sayyidna ALI ؓ had both requested that, since Baytullah's offices of water supply and custodial services (Siqaya and Sidana) were in their respective charge, this service of the Key-Bearer of the Ka'bah may be entrusted to them. But, the Holy Prophet ﷺ preferred to follow the instruction given in this verse, bypassed their request and returned the key to ` Uthman ibn Talhah. (Tafsir Mazhari)</p><p>This was the background in which this verse was revealed. At this point let us bear in mind an important rule on which there is a consensus. The rule is that even if a Qur'anic verse is revealed in a particular background, the rule laid down by it in general terms must be taken as of universal application and must not be restricted to that particular event.</p><p>Now, we can turn to the meanings and exegetic aspects of these verses.</p><p>The Holy Qur'an says: إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا It means: 'Surely, Allah commands you to fulfill trust obligations towards those entitled to them.' As to who is the addressee of this command, there are two probabilities: It could have been addressed to the general body of Muslims, or it could have been addressed particularly, to those in authority. What is more obvious here is that the verse is addressed to everyone who holds anything in trust. This includes the masses and also those in authority.</p><p>The emphasis laid on fulfilling trust obligations</p><p>The functional outcome of the command in the verse is that everyone who holds anything in trust with him is duty-bound to see that trust obligations are faithfully fulfilled and that the rightful recipients have in their hands what is their due. The Holy Prophet ﷺ has laid great stress on the fulfillment of trust obligations.</p><p>Sayyidna Anas ؓ says: It must have been a rare sermon indeed in which the Holy Prophet ﷺ may not, have said the following words:</p><p>لَا اِیمَان لِمن لا اَمَانَہ، ولا دین لِمَن لا عَھدَ لہ</p><p>"One who does not fulfill trust obligations has no Faith ('Iman) with him; and one who does not stand by his word of promise has no religion (Din) with him." (Reported by al-Baihaqi in Shu'ab al-'Iman)</p><p>Breach of Trust is a Sign of Hypocrisy</p><p>According to narrations from Sayyidna Abu Hurairah and Sayyidna Ibn ` Umar ؓ appearing in al-Bukhari and Muslim, the Holy Prophet ﷺ ، while describing the signs of hypocrisy on a certain day, pointed out to a particular sign which was: 'Give him an amanah and he will do khiyanah.' It means when an hypocrite is charged with a trust obligation, he will commit a breach of trust.</p><p>Kinds of trust obligations</p><p>Here, worth pondering is the Qur'anic use of the word, Amanat which is in the plural form. This is to hint that amanah (trust obligation) is not simply limited to cash or kind which someone may have entrusted to someone else for safe-keeping until demanded, which is the most prevailing and commonly understood form of amanah. The cue is that there are other kinds of amanah as well. For example, the incident mentioned earlier under the background of the revelation of this verse does not have any financial aspect to it. The key to the Baytullah was not a financial asset. Instead, this key was a symbol of the office of the serving keeper of the Baytullah.</p><p>The offices of authority and government are trusts from Allah</p><p>This tells us that offices and ranks of government, whatever they may be, are all handed over to the recipients as trust from Allah. Those who receive it are its amin (trustees). This covers all officials and everyone else in authority who wield the powers of appointments and dismissals. For them, it is not permissible that they give any office or job or responsibility to anyone who is not deserving of it in terms of his relevant practical expertise or intellectual capability. Instead of doing that, it is incumbent on those in authority that they must make a serious search for the most deserving person for every job, every office within the jurisdiction of the government.</p><p>Cursed is he who appoints somebody undeserving to any office</p><p>In case, it is not possible to find the most perfect person for an office, someone with the most desirable qualifications and capabilities, someone who combines in himself all required conditions, then, preference may be given to the one who is superior-most in terms of his capabilities and trustworthiness from among the many of those avail-able.</p><p>In a hadith, the Holy Prophet ﷺ has been reported to have said: If a person, who has been charged with some responsibility relating to the general body of Muslims, gives an office to someone simply on the basis of friendship or connection of some sort, without finding out the capability or merit of the person concerned, the curse of Allah falls on him. Not accepted from him is any act of worship which he has been obligated with (fard) nor any of that which he offers voluntarily (nafl.), all along till the time he enters the Hell. (Jam` ul-Fawa'id, p. 325)</p><p>In some narrations it is reported that whoever entrusts a person with an office of responsibility, although he knows that there is another person more suited and more deserving for that office, then, he has committed a breach of trust against Allah, against His Messenger and against all Muslims.</p><p>The chaos and corruption seen in many systems of governance these days is a sad consequence of ignoring this Qur'anic teaching, as offices are distributed on the basis of connections, recommendations and bribes. The result is that undeserving and unmerited people usurp offices they are not fit to occupy, doing nothing but harassing millions of God's own people, and in the process, destroying the very edifice of the system.</p><p>Therefore, the Holy Prophet ﷺ said:</p><p>اِذَا وسد الامر الی غیر اھلہ فانتظر الساعہ</p><p>"When the responsibility of affairs is placed under the charge of those who are not deserving of and fit for it, then, wait for the Day of Doom (that is, there is no solution for this chaos)."</p><p>This instruction appears in a hadith from Kitab al-` Ilm of Sahib al-Bukhari.</p><p>To recapitulate, let us remember that the Holy Qur'an uses the plural form for trust obligations, that is, Amanat', and thus gives the hint that trust obligations do not simply relate to property or other financial assets held in trust by one person on behalf of the other. Instead of that, it has many kinds, included wherein are offices of the government.</p><p>There is a hadith where the Holy Prophet ﷺ has said:</p><p>الَمَجَالِسُ بِالاَمانَۃِ (Meetings are a kind of trust). It means that anything said in a meeting is a matter of trust restricted to it. Reporting and publicizing what transpired there without the permission of participants is not permissible.</p><p>Similarly, another hadith say اَلمُستَشَارُ مُؤتَمِنُ . It means: The consultant is a trustee.' It is incumbent on him that the counsel he gives must be, in .his best judgment, most beneficial for the seekers of the advice. If he gives an advice which he knows is not in the best interest of the seeker of the advice, he has committed a breach of trust right there. Similarly, if someone confides you with his secret, it becomes an article of trust kept on his behalf. Disclosing it to anyone without his permission is a breach of trust. So, the present verse tells us to be very particular in fulfilling all such trust obligations as due.</p><p>It was just the explanation of the first sentence of the first verse which has brought us this far. Now, we proceed with the explanation of the second sentence of the first verse (58) which reads: وَإِذَا حَكَمْتُم بَيْنَ النَّاسِ أَن تَحْكُمُوا بِالْعَدْلِ (when you judge between people, judge with fairness). What is obvious here is that the mode of address in the verse refers to those in authority who decide cases of dispute. Taking their cue from here, some commentators have concluded that the addressee in the first sentence is the same as in the second, that is, those in authority. This does not take into consideration the leeway that exists here too, very much like it is in the first sentence, that is, the probability exists that both office-holders and masses are included in this address for the simple reason that among the common people at large the usual practice is to appoint a neutral arbitrator to judge and decide between disputing parties. However, there is no doubt that, at the first sight, the addressees of both these sentences appear to be none but those in authority. Therefore, it can be said that their addressees are, primarily, those in authority; while, secondarily, this address is also directed at all those who are keepers of trusts, and who have been appointed to arbitrate in some case.</p><p>It should be noted that Allah Almighty , has said: بَینَ النَاّسِ that is, "between people"; and not anything like, 'between Muslims' or 'between believers.' Thus, the hint given is that all human beings are equal in the sight of the decider of cases in dispute. They may be Muslims or non-Muslims, friends or enemies, or they may belong to the same country, colour, language, or may be from another country, differ in colour and speak a different language. Those who have been made responsible to judge between them are duty-bound to cast aside all these connections and give their decision guided by whatever be the dictate of truth, right and just.</p><p>Equity and justice guarantee world peace</p><p>In a nutshell, it can be said that the first sentence of this verse carries the command to fulfill trust obligations, while equity and justice have been enjoined in the second. Between the two, the fulfillment of trust obligations has been given precedence. Perhaps, the reason for this may be that the establishment of a system that guarantees equity and justice all over a country is just not possible without it. It means that those who hold power in a country must, first of all, fulfill their trust obligations, a bounden duty which has to be discharged correctly and properly. Consequently they must appoint only those to the offices of the government who prove to be the best of the lot in terms of their ability to perform the required job and in terms of their trustworthiness and honesty. In this matter, no back-doors should be opened by acting on the basis of friendship, relation-ships, connections, recommendations and bribes. If this is not done, the result will be that gangs of the undeserving, and the incapable, or hosts of usurpers and tyrants will take over all offices and entrench themselves. When this happens, those at the highest level of power and authority cannot, even if they genuinely wish to usher an era of equity and justice in the country, do anything about it. The whole thing will just become impossible because these very officials of the government are supposed to be the functionaries of the government through which it acts. When these officials turn pilferers of the trust or are flatly incapable of performing the duty entrusted to them, how can equity and justice be installed in a system?</p><p>Specially worth-remembering in this verse is that Allah Almighty has, by equating offices of the government with the trust obligations, made it clear at the very outset that amanah or whatever is held in trust should be handed over, properly and duly, to the person who is its rightful owner. It is not permissible to dole out what is held in trust to some beggar or someone needy just out of pity or mercy; or, it is also not correct to give out something held in trust just to fulfill the rights of some relative or friend. This is about amanah as it relates to common trust holdings. Not too different from this are trust obligations seen in broader perspective. Very similar are the offices of the government on which hinges a whole roster of things that have to be done in the best interests of the masses of men and women created by Allah Almighty. These too are trusts. They too have to be returned. But, they must be handed over to those who are its rightful, deserving recipients, those who have the ability to do what is required of them, have the qualification, the capability, and are clearly the best of those suitable and available for this office, and finally, are clearly superior to those in line in terms of their honesty and trustworthiness. If this office is given to anyone else other than these, this will be deemed as a contravention of the Divine instruction, that is, the trust obligations will not have been fulfilled as is their due.</p><p>Giving offices of government on the basis of regional or provincial considerations is an error of principle</p><p>Furthermore, this sentence of the Wise Qur'an has removed the common error which has be adopted as a rule of law in many countries and constitutions of the world whereby the offices of the government have been declared as the right of the people of a country. Because of this error of principle, laws had to be enacted to guarantee the distribution of government offices on the basis of the ratio of the population. As such, every province or state of a country has fixed quotas. A person from another province or state cannot be appointed on the quota of one province, no matter how deserving and trustworthy he may be and no matter how undeserving and evil-doing the man from the latter may be. The Qur'an has openly proclaimed that these offices are not rights to be claimed by somebody. Instead, they are trusts which can be given only to those who deserve it. They may belong to one province or the other, one zone or the other. However, there is nothing wrong in preferring to appoint a person belonging to the area where the government has to have an office. Actually, there may be many beneficial considerations behind it, but, the condition is that the essential ability and trustworthiness of the incumbent must be checked and found satisfactory before such an appointment.</p><p>State structure and some golden principles</p><p>So, from within the framework of this brief verse, some basic principles emerge. These are:</p><p>1. By beginning the first sentence of the verse with إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ (Surely, Allah commands you ...), it has been clearly indicated that the real command and rule is from Allah Almighty. All rulers of the mortal world are the carriers of His command. This establishes that the supreme authority, the ultimate sovereignty belongs to none but Allah Almighty.</p><p>2. The offices of the government are not the rights of the residents of a country which could be distributed on the basis of the ratio of population. They are, trust obligations placed on our shoulders by Allah Almighty which can be given only to those who are capable and deserving of them.</p><p>3. Man's rule on this earth can be legitimate only as a deputy or trustee. While formulating the laws of the land, he will have to be bound and guided by the principles laid down by Allah Almighty, the Absolute Sovereign, and which have been given to man through revelation.</p><p>4. It is the standing duty of those in authority that they should, whenever a case comes to them, give a judgment based on equity and justice without making any discrimination on the basis of race, country of origin, colour, language, even religion and creed.</p><p>After having enunciated these golden principles of state structure, it has been said towards the end of the verse that the counsel thus given to man is good counsel, good as it can be, because Allah hears everyone. He observes the state of a person who does not have the ability to speak, not even the power or means to protest. Therefore, the principles made and given by Him are such as will be practice-worthy in every country, every age, always. Principles and orders made by human minds are restricted within the parameters of their environment. They have to be inevitably changed when circumstances change. So, the way those in authority were the addressees in the first verse (58), people at large have been addressed in the second verse (59) by: '0 those who believe, obey Allah and obey the Messenger and those in authority among you.'</p><p>'Those in Authority':</p><p>Lexically, أُولِي الْأَمْرِ‌ (uli'l-amr) (translated here as 'those in authority' ) refers to those in whose hands lies the management and administration of something. Therefore, Sayyidna Ibn ` Abbas, Mujahid and Hasan al-Basri the earliest commentators of the Qur'an, may Allah be pleased with them, have said that uli'l-amr fittingly applies to scholars and jurists (` Ulama and Fuqaha' ) since; they are the succeeding deputies of the Holy Prophet ﷺ and the proper regulation of religion is in their hands.</p><p>Then, there is a group of commentators, including Sayyidna Abn Hurairah ؓ ، which says that أُولِي الْأَمْرِ‌ uli'l-amr signifies officials and rulers who hold the reins of government in their hands.</p><p>However, it appears in Tafsir Ibn Kathir and al-Tafsir al-Mazhari that this expression includes both categories, that is, the scholars and jurists as well as the officials and rulers because the system of command is inevitably connected with these two.</p><p>A surface view of this verse shows three 'obediences' being commanded here - of Allah, the Messenger and those in authority. But, other verses of the Holy Qur'an have made it very clear that command and obedience really belong to none but Allah - from Him the command and to Him the obedience. The Qur'an says: إِنِ الْحُكْمُ إِلَّا لِلَّـهِ " 'The command belongs to none but Allah.' But, the practical form of the obedience to His command is divided over four parts.</p><p>Forms of obedience to Allah's commands</p><p>1. First of all come commands about something which Allah Almighty has Himself revealed very explicitly in the Holy Qur'an and which do not need any explanation - for example, the extremely serious crime of shirk and kufr (the ascribing of partners to the divinity of Allah, and disbelief); the worship of Allah, the One; the belief in Akhirah, the life-to-come, and in Qiyamah, the Last Day; and the belief in Sayyidna Muhammd al-Mustafa ﷺ as the Last and True Messenger of Allah; the belief in and the practice of Salah (prayers), Sawm (fasting), Hajj (pilgrimage) and Zakah (aims) as fard (obligatory). All these are direct Divine commands. Carrying these out means a direct obedience to Allah Almighty.</p><p>2. Then, there is the second part consisting of ahkam or commands which needs to be explained. Here, the Holy Qur'an often gives a terse or unspecified command the explanation of which is left to the Holy Prophet ﷺ . Now, the explanation or enlargement of the subject which the Holy Prophet ﷺ takes up through his ahadith is also a kind of wahy (revelation). If these explanations, based on personal judgment, miss something or fall short in any way, correction is made through wahy. Finally, the word and deed of the Holy Prophet ﷺ as it is in the end, becomes the interpretation of the Divine command.</p><p>Obedience to the Divine commands of this nature is, though, the very obedience, of the commands of Allah Almighty in reality, but, speaking formally, since these commands are not physically and explicitly the Qur'an as such - they have reached the community through the blessed words of the Holy Prophet ﷺ - therefore, obedience to them is academically said to be an obedience to the Messenger which, in reality, despite being in unison with obedience to the Divine, does have a status of its own if looked at outwardly. Therefore, throughout the Holy Qur'an, the command to obey Allah has the allied command to obey the Messenger as a constant feature.</p><p>3. The third category of Ahkam or commands are those which have not been explicitly mentioned in the Holy Qur'an or in the Hadith, or if they do appear in the later, the narrations about such commands found in the enormous treasure-house appear to be conflicting. In the case of such ahkam, Mujtahid ` Ulama (scholars having the highest multidimensional expertise in religious knowledge through original sources) delve into the established texts of the Qur'an and Sunnah along with a close study of precedents and parallels offered by the problem in consideration, giving their best thought and concern to arrive at the appropriate rule of conduct while staying within the parameters of the imperatives of the sacred texts. This being so, the obedience to these rules is one and the same as the obedience to the Divine because it has been, in all reality, deduced from the Qur'an and Sunnah. But, when seen formally, these are known as juristic edicts or fatawa as popularly understood and are attributed to religious scholars.</p><p>Under this very third category, come the Ahkam which are free of any restrictions from the Qur'an and Sunnah. In fact, here people have the choice to act as they wish. This, in the terminology of the Shari’ ah is known as مُبَاحات Mubahat (plural of مُبَاح Mubah meaning 'allowed' ). The formulation, enforcement and management of orders and rules of this nature has been entrusted with rulers and their officials so that they can make laws i n the background of existing conditions and considerations and make everybody follow these. Let us take the example of Karachi, the city where I live. How many post offices should there be in this city? Fifty or hundred? How many police stations? What transit system will serve the city best? What rules to follow in order to provide shelter for a growing population? All these areas of activity come under مُبَاحات Mubahat, the allowed, the open field. None of its aspects are rated Wajib (necessary) or Haram (forbidden). In fact, this whole thing is choice-oriented. But, should this choice be given to masses, no system would work. Therefore, the responsibility of organizing and running the system has been placed on the government.</p><p>Now, returning to basics it can be said that, in the present verse, the obedience to those in authority means obedience to both ` ulama' and hukkam (religious scholars and officials). According to this verse, it becomes necessary to obey Muslim jurists in matters which require juristic research, expertise and guidance as it would be equally necessary to obey those in authority in matters relating to administrative affairs.</p><p>This obedience too is, in reality, the obedience to the ahkam or commands of Allah Almighty. But, as seen outwardly, these commands are not there in the Qur'an or the Sunnah. Instead, they are either enunciated by religious scholars or the officials. It is for this reason that this particular call for obedience has been separated and placed at number three and given the distinct identity of 'obey those in authority'. Let us keep in mind that, the way it is binding and necessary to follow the Qur'an in the specified textual provisions of the Qur'an and follow the Messenger in the specified textual provisions of the Messenger, so it is necessary to follow Muslim jurists in matters relating to jurisprudence, matters which have not been textually specified, and to follow rulers and officials in matters relating to administration. This is what 'obedience to those in authority' means.</p><p>Obedience to authority in anti-Shari’ ah activities is not permissible</p><p>If we look at verse 58 and the command to 'judge between people with fairness' along with the command to 'obey those in authority' in verse 59, we can see a clear hint to the effect: If the Amir, the authority in power, sticks to عدل adl (justice), obedience to him is wajib (necessary); and should he forsake justice and promulgate laws against the Shari’ ah, the امیر amir will not be obeyed as far as those laws are concerned. The Holy Prophet ﷺ has said: لَا طاعۃ لمخلوق فی معصیۃ .</p><p>Literally, 'there is no obedience to the created in the matter of disobedience to the Creator,' which means that such obedience to the created as makes disobedience to the Creator necessary is not permissible.</p><p>Another point which emerges from the statement: "And you judge between people, judge with fairness" (verse 58), is that a person who does not have the ability and the power to maintain equity and justice should not become a قاضی Qadi (judge), because "judging with fairness" is amanah, the great charge of the fulfillment of a trust obligation, some-thing which cannot be guarded, defended and fulfilled by a weak and incapable person. Relevant to this is the case of Sayyidna Abu Dharr ؓ who had requested the Holy Prophet ﷺ ، that he may be appointed as the governor of some place in the Islamic state. In reply, he said:</p><p>یا ابَا ذر اِنَّکَ ضَعِیف و انھا امانۃ یوم القیٰمۃ خزی و ندامۃ الا من اخذ بحقھا وادی الذی علیہ فیھا (رواہ مسلم بحوالہ مظھری)</p><p>"0 Abu Dharr, you are weak and this is an office of trust, which may, on the Day of Doom, become the cause of disgrace and remorse, except for one who has fulfilled all his trust obli-gations, fully and duly (that is, he will be spared of that</p><p>disgrace)." (Muslim, in Mazhari)</p><p>The just person is the favourite servant of Allah</p><p>There is a hadith in which the Holy Prophet ﷺ has been reported to have said: 'The just person is loved by Allah and he is the closest to Him, while the unjust person is cast far away from the mercy and grace of Allah.'</p><p>According to another hadith, the Holy Prophet ﷺ said to his noble Companions: 'Do you know who will be the first to go under the shade of Allah?' They said: 'Allah and His Messenger know this best.' Then, he said: 'These will be people who, when truth appears, hasten to accept it; and when asked, they spend their wealth; and when they judge (between people), they do it as fairly as they would have done for themselves.'</p>
CommentaryThe background of the revelation of these versesThe first of the two verses cited above was revealed in the back-ground of a particular event which related to the custodial service of the Ka'bah, an office of great honour even before the advent of Islam. Those who were appointed to serve the House of Allah in a particular area of responsibility were regarded as people of great prestige and distinction in the community. Therefore, different areas of services were distributed over different people. It was from the time of Jahilliyah that, during the days of Hajj, the service of providing drinking water to pilgrims from the well of Zamzam was entrusted to Sayyidna ` Abbas ؓ ، the revered uncle of the Holy Prophet ﷺ . This was known as Siqayah سقایہ . Some other services similar to this were in the charge of Abu Talib, another uncle of the Holy Prophet ﷺ . Likewise, the custodial duty of keeping the keys to the House of Allah and of opening and closing it during fixed days had been given to ` Uthman ibn Talhah.According to a personal statement of ` Uthman ibn Talhah, the Ka'bah was opened every Monday and Thursday during the period of Jahilliyah and people would use the occasion to have the honour of entering the sacred House. Once before Hijrah, the Holy Prophet ﷺ came with some of his Companions in order to enter the Ka'bah. ` Uthman ibn Talhah had not embraced Islam until that time. He stopped the Holy Prophet ﷺ from going in, displaying an attitude which was very rude. The Holy Prophet ﷺ showed great restraint, tolerated his harsh words, then said: 'O ` Uthman, a day will come when you would perhaps see this key to the Baytullah in my hands when I shall have the power and choice to give it to anyone I choose.' ` Uthman ibn Talhah said: 'If this happens, the Quraysh will then be all uprooted and disgraced.' He said: 'No, the Quraysh will then be all established and very honourable indeed.' Saying this, he went into the Baytullah. After that, says Talhah, when I did a little soul-searching, I became convinced that whatever he has said is bound to happen. I made up my mind that I am going to embrace Islam then and there. But, my own people around me vehemently opposed the idea and everybody joined in to chide me on my decision. So, I was unable to convert to Islam. When came the conquest of Makkah, the Holy Prophet ﷺ called for me and asked for the key to Baytullah, which I presented to him.'In some narrations, it is said that ` Uthman ibn Talhah had climbed over the Baytullah with the key. It was Sayyidna Ali ؓ who, in deference to the order of the Holy Prophet ﷺ ، had forcibly taken the key from his hand and had given it to the Holy Prophet ﷺ .So he went into the Baytullah, offered his prayers there, and when he came out, he returned the key to Talhah saying: 'Here, take it. Now this key will always remain with your family right through the Last Day. Anyone who will take this key from you will be a tyrant.' (By this he meant that nobody has the right to take back this key from Talhah) He also instructed him to use whatever money or things he may get in return for this service to Baytullah in accordance with the rules set by the Shari'ah of Islam.` Uthman ibn Talhah says: 'When I, with the key in my hand, started walking off all delighted, he called me again, and said: ` Remember ` Uthman, did I not tell you, something way back? Has it come to pass, or has it not?' Now, I remembered what he had said before Hijrah when he had said: 'A day will come when you will see this key in my hand.' I submitted: 'Yes, there is no doubt about it. Your word has come true.' And that was the time when I recited the Kalimah and entered the fold of Islam.' (Mazhari, from Ibn Sa'd).Sayyidna ` Umar ibn Al-Khattab ؓ al says: 'That day, when the Holy Prophet ﷺ came out of the Baytullah, he was reciting this very verse, that is, إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا (58). I had never heard him recite this verse before this.' Obviously, this verse was revealed to him inside the Ka'bah exactly at that time. Obeying the Divine command in the verse, the Holy Prophet ﷺ called ` Uthman ibn Talhah again and made him the trustee of the key, because ` Uthman ibn Talhah when he had given the key to the Holy Prophet ﷺ ، had said: 'I hand over this article of trust to you.' Although, the remark he made was not technically correct as it was the sole right of the Holy Prophet ﷺ to take whatever course of action he deemed fit. But, the Holy Qur'an has, in this verse, taken into consideration the nature of trust involved therein, and directed the Holy Prophet ﷺ to return the key to none else but ` Uthman, although, that was a time when Sayyidna ` Abbas and Sayyidna ALI ؓ had both requested that, since Baytullah's offices of water supply and custodial services (Siqaya and Sidana) were in their respective charge, this service of the Key-Bearer of the Ka'bah may be entrusted to them. But, the Holy Prophet ﷺ preferred to follow the instruction given in this verse, bypassed their request and returned the key to ` Uthman ibn Talhah. (Tafsir Mazhari)This was the background in which this verse was revealed. At this point let us bear in mind an important rule on which there is a consensus. The rule is that even if a Qur'anic verse is revealed in a particular background, the rule laid down by it in general terms must be taken as of universal application and must not be restricted to that particular event.Now, we can turn to the meanings and exegetic aspects of these verses.The Holy Qur'an says: إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا It means: 'Surely, Allah commands you to fulfill trust obligations towards those entitled to them.' As to who is the addressee of this command, there are two probabilities: It could have been addressed to the general body of Muslims, or it could have been addressed particularly, to those in authority. What is more obvious here is that the verse is addressed to everyone who holds anything in trust. This includes the masses and also those in authority.The emphasis laid on fulfilling trust obligationsThe functional outcome of the command in the verse is that everyone who holds anything in trust with him is duty-bound to see that trust obligations are faithfully fulfilled and that the rightful recipients have in their hands what is their due. The Holy Prophet ﷺ has laid great stress on the fulfillment of trust obligations.Sayyidna Anas ؓ says: It must have been a rare sermon indeed in which the Holy Prophet ﷺ may not, have said the following words:لَا اِیمَان لِمن لا اَمَانَہ، ولا دین لِمَن لا عَھدَ لہ"One who does not fulfill trust obligations has no Faith ('Iman) with him; and one who does not stand by his word of promise has no religion (Din) with him." (Reported by al-Baihaqi in Shu'ab al-'Iman)Breach of Trust is a Sign of HypocrisyAccording to narrations from Sayyidna Abu Hurairah and Sayyidna Ibn ` Umar ؓ appearing in al-Bukhari and Muslim, the Holy Prophet ﷺ ، while describing the signs of hypocrisy on a certain day, pointed out to a particular sign which was: 'Give him an amanah and he will do khiyanah.' It means when an hypocrite is charged with a trust obligation, he will commit a breach of trust.Kinds of trust obligationsHere, worth pondering is the Qur'anic use of the word, Amanat which is in the plural form. This is to hint that amanah (trust obligation) is not simply limited to cash or kind which someone may have entrusted to someone else for safe-keeping until demanded, which is the most prevailing and commonly understood form of amanah. The cue is that there are other kinds of amanah as well. For example, the incident mentioned earlier under the background of the revelation of this verse does not have any financial aspect to it. The key to the Baytullah was not a financial asset. Instead, this key was a symbol of the office of the serving keeper of the Baytullah.The offices of authority and government are trusts from AllahThis tells us that offices and ranks of government, whatever they may be, are all handed over to the recipients as trust from Allah. Those who receive it are its amin (trustees). This covers all officials and everyone else in authority who wield the powers of appointments and dismissals. For them, it is not permissible that they give any office or job or responsibility to anyone who is not deserving of it in terms of his relevant practical expertise or intellectual capability. Instead of doing that, it is incumbent on those in authority that they must make a serious search for the most deserving person for every job, every office within the jurisdiction of the government.Cursed is he who appoints somebody undeserving to any officeIn case, it is not possible to find the most perfect person for an office, someone with the most desirable qualifications and capabilities, someone who combines in himself all required conditions, then, preference may be given to the one who is superior-most in terms of his capabilities and trustworthiness from among the many of those avail-able.In a hadith, the Holy Prophet ﷺ has been reported to have said: If a person, who has been charged with some responsibility relating to the general body of Muslims, gives an office to someone simply on the basis of friendship or connection of some sort, without finding out the capability or merit of the person concerned, the curse of Allah falls on him. Not accepted from him is any act of worship which he has been obligated with (fard) nor any of that which he offers voluntarily (nafl.), all along till the time he enters the Hell. (Jam` ul-Fawa'id, p. 325)In some narrations it is reported that whoever entrusts a person with an office of responsibility, although he knows that there is another person more suited and more deserving for that office, then, he has committed a breach of trust against Allah, against His Messenger and against all Muslims.The chaos and corruption seen in many systems of governance these days is a sad consequence of ignoring this Qur'anic teaching, as offices are distributed on the basis of connections, recommendations and bribes. The result is that undeserving and unmerited people usurp offices they are not fit to occupy, doing nothing but harassing millions of God's own people, and in the process, destroying the very edifice of the system.Therefore, the Holy Prophet ﷺ said:اِذَا وسد الامر الی غیر اھلہ فانتظر الساعہ"When the responsibility of affairs is placed under the charge of those who are not deserving of and fit for it, then, wait for the Day of Doom (that is, there is no solution for this chaos)."This instruction appears in a hadith from Kitab al-` Ilm of Sahib al-Bukhari.To recapitulate, let us remember that the Holy Qur'an uses the plural form for trust obligations, that is, Amanat', and thus gives the hint that trust obligations do not simply relate to property or other financial assets held in trust by one person on behalf of the other. Instead of that, it has many kinds, included wherein are offices of the government.There is a hadith where the Holy Prophet ﷺ has said:الَمَجَالِسُ بِالاَمانَۃِ (Meetings are a kind of trust). It means that anything said in a meeting is a matter of trust restricted to it. Reporting and publicizing what transpired there without the permission of participants is not permissible.Similarly, another hadith say اَلمُستَشَارُ مُؤتَمِنُ . It means: The consultant is a trustee.' It is incumbent on him that the counsel he gives must be, in .his best judgment, most beneficial for the seekers of the advice. If he gives an advice which he knows is not in the best interest of the seeker of the advice, he has committed a breach of trust right there. Similarly, if someone confides you with his secret, it becomes an article of trust kept on his behalf. Disclosing it to anyone without his permission is a breach of trust. So, the present verse tells us to be very particular in fulfilling all such trust obligations as due.It was just the explanation of the first sentence of the first verse which has brought us this far. Now, we proceed with the explanation of the second sentence of the first verse (58) which reads: وَإِذَا حَكَمْتُم بَيْنَ النَّاسِ أَن تَحْكُمُوا بِالْعَدْلِ (when you judge between people, judge with fairness). What is obvious here is that the mode of address in the verse refers to those in authority who decide cases of dispute. Taking their cue from here, some commentators have concluded that the addressee in the first sentence is the same as in the second, that is, those in authority. This does not take into consideration the leeway that exists here too, very much like it is in the first sentence, that is, the probability exists that both office-holders and masses are included in this address for the simple reason that among the common people at large the usual practice is to appoint a neutral arbitrator to judge and decide between disputing parties. However, there is no doubt that, at the first sight, the addressees of both these sentences appear to be none but those in authority. Therefore, it can be said that their addressees are, primarily, those in authority; while, secondarily, this address is also directed at all those who are keepers of trusts, and who have been appointed to arbitrate in some case.It should be noted that Allah Almighty , has said: بَینَ النَاّسِ that is, "between people"; and not anything like, 'between Muslims' or 'between believers.' Thus, the hint given is that all human beings are equal in the sight of the decider of cases in dispute. They may be Muslims or non-Muslims, friends or enemies, or they may belong to the same country, colour, language, or may be from another country, differ in colour and speak a different language. Those who have been made responsible to judge between them are duty-bound to cast aside all these connections and give their decision guided by whatever be the dictate of truth, right and just.Equity and justice guarantee world peaceIn a nutshell, it can be said that the first sentence of this verse carries the command to fulfill trust obligations, while equity and justice have been enjoined in the second. Between the two, the fulfillment of trust obligations has been given precedence. Perhaps, the reason for this may be that the establishment of a system that guarantees equity and justice all over a country is just not possible without it. It means that those who hold power in a country must, first of all, fulfill their trust obligations, a bounden duty which has to be discharged correctly and properly. Consequently they must appoint only those to the offices of the government who prove to be the best of the lot in terms of their ability to perform the required job and in terms of their trustworthiness and honesty. In this matter, no back-doors should be opened by acting on the basis of friendship, relation-ships, connections, recommendations and bribes. If this is not done, the result will be that gangs of the undeserving, and the incapable, or hosts of usurpers and tyrants will take over all offices and entrench themselves. When this happens, those at the highest level of power and authority cannot, even if they genuinely wish to usher an era of equity and justice in the country, do anything about it. The whole thing will just become impossible because these very officials of the government are supposed to be the functionaries of the government through which it acts. When these officials turn pilferers of the trust or are flatly incapable of performing the duty entrusted to them, how can equity and justice be installed in a system?Specially worth-remembering in this verse is that Allah Almighty has, by equating offices of the government with the trust obligations, made it clear at the very outset that amanah or whatever is held in trust should be handed over, properly and duly, to the person who is its rightful owner. It is not permissible to dole out what is held in trust to some beggar or someone needy just out of pity or mercy; or, it is also not correct to give out something held in trust just to fulfill the rights of some relative or friend. This is about amanah as it relates to common trust holdings. Not too different from this are trust obligations seen in broader perspective. Very similar are the offices of the government on which hinges a whole roster of things that have to be done in the best interests of the masses of men and women created by Allah Almighty. These too are trusts. They too have to be returned. But, they must be handed over to those who are its rightful, deserving recipients, those who have the ability to do what is required of them, have the qualification, the capability, and are clearly the best of those suitable and available for this office, and finally, are clearly superior to those in line in terms of their honesty and trustworthiness. If this office is given to anyone else other than these, this will be deemed as a contravention of the Divine instruction, that is, the trust obligations will not have been fulfilled as is their due.Giving offices of government on the basis of regional or provincial considerations is an error of principleFurthermore, this sentence of the Wise Qur'an has removed the common error which has be adopted as a rule of law in many countries and constitutions of the world whereby the offices of the government have been declared as the right of the people of a country. Because of this error of principle, laws had to be enacted to guarantee the distribution of government offices on the basis of the ratio of the population. As such, every province or state of a country has fixed quotas. A person from another province or state cannot be appointed on the quota of one province, no matter how deserving and trustworthy he may be and no matter how undeserving and evil-doing the man from the latter may be. The Qur'an has openly proclaimed that these offices are not rights to be claimed by somebody. Instead, they are trusts which can be given only to those who deserve it. They may belong to one province or the other, one zone or the other. However, there is nothing wrong in preferring to appoint a person belonging to the area where the government has to have an office. Actually, there may be many beneficial considerations behind it, but, the condition is that the essential ability and trustworthiness of the incumbent must be checked and found satisfactory before such an appointment.State structure and some golden principlesSo, from within the framework of this brief verse, some basic principles emerge. These are:1. By beginning the first sentence of the verse with إِنَّ اللَّـهَ يَأْمُرُ‌كُمْ (Surely, Allah commands you ...), it has been clearly indicated that the real command and rule is from Allah Almighty. All rulers of the mortal world are the carriers of His command. This establishes that the supreme authority, the ultimate sovereignty belongs to none but Allah Almighty.2. The offices of the government are not the rights of the residents of a country which could be distributed on the basis of the ratio of population. They are, trust obligations placed on our shoulders by Allah Almighty which can be given only to those who are capable and deserving of them.3. Man's rule on this earth can be legitimate only as a deputy or trustee. While formulating the laws of the land, he will have to be bound and guided by the principles laid down by Allah Almighty, the Absolute Sovereign, and which have been given to man through revelation.4. It is the standing duty of those in authority that they should, whenever a case comes to them, give a judgment based on equity and justice without making any discrimination on the basis of race, country of origin, colour, language, even religion and creed.After having enunciated these golden principles of state structure, it has been said towards the end of the verse that the counsel thus given to man is good counsel, good as it can be, because Allah hears everyone. He observes the state of a person who does not have the ability to speak, not even the power or means to protest. Therefore, the principles made and given by Him are such as will be practice-worthy in every country, every age, always. Principles and orders made by human minds are restricted within the parameters of their environment. They have to be inevitably changed when circumstances change. So, the way those in authority were the addressees in the first verse (58), people at large have been addressed in the second verse (59) by: '0 those who believe, obey Allah and obey the Messenger and those in authority among you.''Those in Authority':Lexically, أُولِي الْأَمْرِ‌ (uli'l-amr) (translated here as 'those in authority' ) refers to those in whose hands lies the management and administration of something. Therefore, Sayyidna Ibn ` Abbas, Mujahid and Hasan al-Basri the earliest commentators of the Qur'an, may Allah be pleased with them, have said that uli'l-amr fittingly applies to scholars and jurists (` Ulama and Fuqaha' ) since; they are the succeeding deputies of the Holy Prophet ﷺ and the proper regulation of religion is in their hands.Then, there is a group of commentators, including Sayyidna Abn Hurairah ؓ ، which says that أُولِي الْأَمْرِ‌ uli'l-amr signifies officials and rulers who hold the reins of government in their hands.However, it appears in Tafsir Ibn Kathir and al-Tafsir al-Mazhari that this expression includes both categories, that is, the scholars and jurists as well as the officials and rulers because the system of command is inevitably connected with these two.A surface view of this verse shows three 'obediences' being commanded here - of Allah, the Messenger and those in authority. But, other verses of the Holy Qur'an have made it very clear that command and obedience really belong to none but Allah - from Him the command and to Him the obedience. The Qur'an says: إِنِ الْحُكْمُ إِلَّا لِلَّـهِ " 'The command belongs to none but Allah.' But, the practical form of the obedience to His command is divided over four parts.Forms of obedience to Allah's commands1. First of all come commands about something which Allah Almighty has Himself revealed very explicitly in the Holy Qur'an and which do not need any explanation - for example, the extremely serious crime of shirk and kufr (the ascribing of partners to the divinity of Allah, and disbelief); the worship of Allah, the One; the belief in Akhirah, the life-to-come, and in Qiyamah, the Last Day; and the belief in Sayyidna Muhammd al-Mustafa ﷺ as the Last and True Messenger of Allah; the belief in and the practice of Salah (prayers), Sawm (fasting), Hajj (pilgrimage) and Zakah (aims) as fard (obligatory). All these are direct Divine commands. Carrying these out means a direct obedience to Allah Almighty.2. Then, there is the second part consisting of ahkam or commands which needs to be explained. Here, the Holy Qur'an often gives a terse or unspecified command the explanation of which is left to the Holy Prophet ﷺ . Now, the explanation or enlargement of the subject which the Holy Prophet ﷺ takes up through his ahadith is also a kind of wahy (revelation). If these explanations, based on personal judgment, miss something or fall short in any way, correction is made through wahy. Finally, the word and deed of the Holy Prophet ﷺ as it is in the end, becomes the interpretation of the Divine command.Obedience to the Divine commands of this nature is, though, the very obedience, of the commands of Allah Almighty in reality, but, speaking formally, since these commands are not physically and explicitly the Qur'an as such - they have reached the community through the blessed words of the Holy Prophet ﷺ - therefore, obedience to them is academically said to be an obedience to the Messenger which, in reality, despite being in unison with obedience to the Divine, does have a status of its own if looked at outwardly. Therefore, throughout the Holy Qur'an, the command to obey Allah has the allied command to obey the Messenger as a constant feature.3. The third category of Ahkam or commands are those which have not been explicitly mentioned in the Holy Qur'an or in the Hadith, or if they do appear in the later, the narrations about such commands found in the enormous treasure-house appear to be conflicting. In the case of such ahkam, Mujtahid ` Ulama (scholars having the highest multidimensional expertise in religious knowledge through original sources) delve into the established texts of the Qur'an and Sunnah along with a close study of precedents and parallels offered by the problem in consideration, giving their best thought and concern to arrive at the appropriate rule of conduct while staying within the parameters of the imperatives of the sacred texts. This being so, the obedience to these rules is one and the same as the obedience to the Divine because it has been, in all reality, deduced from the Qur'an and Sunnah. But, when seen formally, these are known as juristic edicts or fatawa as popularly understood and are attributed to religious scholars.Under this very third category, come the Ahkam which are free of any restrictions from the Qur'an and Sunnah. In fact, here people have the choice to act as they wish. This, in the terminology of the Shari’ ah is known as مُبَاحات Mubahat (plural of مُبَاح Mubah meaning 'allowed' ). The formulation, enforcement and management of orders and rules of this nature has been entrusted with rulers and their officials so that they can make laws i n the background of existing conditions and considerations and make everybody follow these. Let us take the example of Karachi, the city where I live. How many post offices should there be in this city? Fifty or hundred? How many police stations? What transit system will serve the city best? What rules to follow in order to provide shelter for a growing population? All these areas of activity come under مُبَاحات Mubahat, the allowed, the open field. None of its aspects are rated Wajib (necessary) or Haram (forbidden). In fact, this whole thing is choice-oriented. But, should this choice be given to masses, no system would work. Therefore, the responsibility of organizing and running the system has been placed on the government.Now, returning to basics it can be said that, in the present verse, the obedience to those in authority means obedience to both ` ulama' and hukkam (religious scholars and officials). According to this verse, it becomes necessary to obey Muslim jurists in matters which require juristic research, expertise and guidance as it would be equally necessary to obey those in authority in matters relating to administrative affairs.This obedience too is, in reality, the obedience to the ahkam or commands of Allah Almighty. But, as seen outwardly, these commands are not there in the Qur'an or the Sunnah. Instead, they are either enunciated by religious scholars or the officials. It is for this reason that this particular call for obedience has been separated and placed at number three and given the distinct identity of 'obey those in authority'. Let us keep in mind that, the way it is binding and necessary to follow the Qur'an in the specified textual provisions of the Qur'an and follow the Messenger in the specified textual provisions of the Messenger, so it is necessary to follow Muslim jurists in matters relating to jurisprudence, matters which have not been textually specified, and to follow rulers and officials in matters relating to administration. This is what 'obedience to those in authority' means.Obedience to authority in anti-Shari’ ah activities is not permissibleIf we look at verse 58 and the command to 'judge between people with fairness' along with the command to 'obey those in authority' in verse 59, we can see a clear hint to the effect: If the Amir, the authority in power, sticks to عدل adl (justice), obedience to him is wajib (necessary); and should he forsake justice and promulgate laws against the Shari’ ah, the امیر amir will not be obeyed as far as those laws are concerned. The Holy Prophet ﷺ has said: لَا طاعۃ لمخلوق فی معصیۃ .Literally, 'there is no obedience to the created in the matter of disobedience to the Creator,' which means that such obedience to the created as makes disobedience to the Creator necessary is not permissible.Another point which emerges from the statement: "And you judge between people, judge with fairness" (verse 58), is that a person who does not have the ability and the power to maintain equity and justice should not become a قاضی Qadi (judge), because "judging with fairness" is amanah, the great charge of the fulfillment of a trust obligation, some-thing which cannot be guarded, defended and fulfilled by a weak and incapable person. Relevant to this is the case of Sayyidna Abu Dharr ؓ who had requested the Holy Prophet ﷺ ، that he may be appointed as the governor of some place in the Islamic state. In reply, he said:یا ابَا ذر اِنَّکَ ضَعِیف و انھا امانۃ یوم القیٰمۃ خزی و ندامۃ الا من اخذ بحقھا وادی الذی علیہ فیھا (رواہ مسلم بحوالہ مظھری)"0 Abu Dharr, you are weak and this is an office of trust, which may, on the Day of Doom, become the cause of disgrace and remorse, except for one who has fulfilled all his trust obli-gations, fully and duly (that is, he will be spared of thatdisgrace)." (Muslim, in Mazhari)The just person is the favourite servant of AllahThere is a hadith in which the Holy Prophet ﷺ has been reported to have said: 'The just person is loved by Allah and he is the closest to Him, while the unjust person is cast far away from the mercy and grace of Allah.'According to another hadith, the Holy Prophet ﷺ said to his noble Companions: 'Do you know who will be the first to go under the shade of Allah?' They said: 'Allah and His Messenger know this best.' Then, he said: 'These will be people who, when truth appears, hasten to accept it; and when asked, they spend their wealth; and when they judge (between people), they do it as fairly as they would have done for themselves.'
58
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَطِيعُوا۟ ٱللَّهَ وَأَطِيعُوا۟ ٱلرَّسُولَ وَأُو۟لِى ٱلْأَمْرِ مِنكُمْ فَإِن تَنَٰزَعْتُمْ فِى شَىْءٍ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
<p>The Proof of Ijtihad اِجتِھاد and Qiyas قیاس</p><p>Finally, let us now refer to the statement: فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُ‌دُّوهُ إِلَى اللَّـهِ وَالرَّ‌سُولِ in verse 59 (Then, if you quarrel about something, revert it back to Allah and the Messenger.)</p><p>This 'reverting back to Allah and the Messenger' takes two forms:</p><p>1. Revert to ahkam, the code of commands as mandated in the Book of Allah and the Sunnah of the Messenger of Allah.</p><p>2. If the textually-mandated ahkam do not exist, the act of reverting back will be accomplished by analogical deduction (Qiyas) as based on their precedents.</p><p>The words of the expression: فَرُدُّہ (revert it back) are general, thus being inclusive of both forms.</p>
The Proof of Ijtihad اِجتِھاد and Qiyas قیاسFinally, let us now refer to the statement: فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُ‌دُّوهُ إِلَى اللَّـهِ وَالرَّ‌سُولِ in verse 59 (Then, if you quarrel about something, revert it back to Allah and the Messenger.)This 'reverting back to Allah and the Messenger' takes two forms:1. Revert to ahkam, the code of commands as mandated in the Book of Allah and the Sunnah of the Messenger of Allah.2. If the textually-mandated ahkam do not exist, the act of reverting back will be accomplished by analogical deduction (Qiyas) as based on their precedents.The words of the expression: فَرُدُّہ (revert it back) are general, thus being inclusive of both forms.
59
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أَلَمْ تَرَ إِلَى ٱلَّذِينَ يَزْعُمُونَ أَنَّهُمْ ءَامَنُوا۟ بِمَآ أُنزِلَ إِلَيْكَ وَمَآ أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوٓا۟ إِلَى ٱلطَّٰغُوتِ وَقَدْ أُمِرُوٓا۟ أَن يَكْفُرُوا۟ بِهِۦ وَيُرِيدُ ٱلشَّيْطَٰنُ أَن يُضِلَّهُمْ ضَلَٰلًۢا بَعِيدًا
<p>Verses previous to these carried the command to revert back to the mandate given by Allah and the Messenger in all matters. In the present verses which follow, the act of reverting to laws contrary to the Shari` ah has been censured.</p><p>Commentary</p><p>The background of the revelation of these verses</p><p>There is a special incident behind the revelation of these verses, the details of which identify a hypocrite by the name of Bishr. He got into a dispute with a Jew. The Jew said, "Let us go to Muhammad and ask him to settle our dispute.' But, Bishr, the hypocrite, did not accept this proposal. Instead, he came up with a counter-proposal suggesting that they go to a Jew, Ka'b ibn Ashraf and let him give a decision. Ka'b ibn Ashraf was a tribal chief among the Jews and was a sworn enemy of the Holy Prophet and his Muslim followers. It was a strange coincidence that a Jew would leave his chief aside and elect to go by the judgment of the Holy Prophet ﷺ ، while Bishr, who called himself a Muslim, would bypass him and elect to go by the judgment of the Jewish chief. But, there was a secret behind it. Both of them were certain that the Holy Prophet ﷺ will give a judgment which is bound to be true and just. It will be free from apprehensions about any tilt or favour or misunderstanding. Since the Jew was on the right in this dispute, so he had more confidence in the Holy Prophet ﷺ as compared to his own chief, Ka'b ibn Ashraf. Bishr, the hypocrite was in the wrong, therefore, he knew that the Prophet's judgment will be against him - even though he claimed to be a Muslim while his adversary was a Jew.</p><p>However, after some mutual cross talk between them, both of them agreed upon the option of going to the Holy Prophet ﷺ and requesting him to give a decision in their dispute. So, the case went to him. He made relevant investigation in the case which proved that the Jew was in the right: Consequently, he gave a decision in his favour. But, on the other side, there was Bishr, a pretending Muslim, who lost his case before him. He was not pleased with this judgment, so he hit upon a new plan to persuade the Jew to somehow agree to go to Sayyidna ` Umar ibn al-Khattab ؓ and have him give a decision in their case. The Jew agreed. There was a secret here too. Bishr was under the impression that Sayyidna ` Umar is usually hard on disbelievers so he would, rather than decide in favour of the Jew, decide in his favour.</p><p>Thus, they both reached Sayyidna ` Umar ؓ . The Jew told him everything about the incident and also narrated to him how the Holy Prophet ﷺ had already given his decision in this case and that this man was not satisfied with it and had, therefore, brought his case before you.' Sayyidna ` Umar ؓ asked Bishr, "Is this what really happened?" He confessed that this is how it was. Thereupon, Sayyidna ` Umar ؓ said: "All right; you wait here, I am coming." He went into the house and came out with a sword which he swung to finish the hypocrite off, saying: "This is the decision for him who is dissatisfied with the decision of the Holy Prophet ﷺ " (This incident appears in Ruh al-Ma’ ani from Sayyidna 'Abdullah ibn ` Abbas as narrated by Thalabi and Ibn Abi Hatim).</p><p>Most commentators have also added that, following this incident, the heirs of the hypocrite thus killed filed a suit against Sayyidna ` Umar ؓ accusing him of having killed a Muslim without adequate legal authority as admitted by the Shari’ ah of Islam. To strengthen their case, they submitted interpretations of his kufr (disbelief) in words and deeds in order to prove his being a Muslim. In the present verse, Allah Almighty has unfolded the reality behind the case, confirming that the person killed was a hypocrite, and thus it was that Sayyidna ` Umar ؓ was absolved.</p><p>Also reported are some other incidents of this nature where people had bypassed clear Islamic legal verdict to finally accept the decision of a soothsayer or astrologer. It is possible that the present verse was revealed about all such incidents.</p><p>The explanation of verses</p><p>The first verse (60) exposes the claim of those who say that they have believed in earlier scriptures, the Torah and the Evangel, and now believe in the Book (the Qur'an) revealed to the Holy Prophet Muhammad ﷺ . That is, earlier in time, they were a part of the community of the people of the Book, then they entered the fold of Islam and became a part of the Muslim community. The verse warns that this claim of theirs is simply a verbal camouflage for their hypocrisy. Their hearts are stuffed with the same old disbelief which has come out in the open during this dispute when Bishr, bypassing the Holy Prophet ﷺ ، proposed that the Jewish chief, Ka'b ibn</p><p>Ashraf be the judge in that dispute and, in addition to that, later when the Holy Prophet ﷺ ، gave a clear and just decision, he found it unacceptable.</p><p>The comment which follows immediately employs the word, "Taghut" which has been left un-translated. Lexically, “ Taghut” primarily means one who exceeds the limits.' In usage, the Satan is referred to as Taghut. In this verse, carrying the dispute to Ka'b ibn Ashraf has been equated with carrying it to the Satan. The reason could be that Ka'b ibn Ashraf was himself a satan personified, or it could be that bypassing a decision under the God-given law and preferring a decision contrary to it can only come from the teaching of the Satan. About anyone who follows this course, it is clear that he has virtually taken his case to the court of none else but the Satan. There-fore, right there in the end of this verse, there appears the warning that those who follow the. Satan, the Satan will mislead them to a remote wrong way.</p>
Verses previous to these carried the command to revert back to the mandate given by Allah and the Messenger in all matters. In the present verses which follow, the act of reverting to laws contrary to the Shari` ah has been censured.CommentaryThe background of the revelation of these versesThere is a special incident behind the revelation of these verses, the details of which identify a hypocrite by the name of Bishr. He got into a dispute with a Jew. The Jew said, "Let us go to Muhammad and ask him to settle our dispute.' But, Bishr, the hypocrite, did not accept this proposal. Instead, he came up with a counter-proposal suggesting that they go to a Jew, Ka'b ibn Ashraf and let him give a decision. Ka'b ibn Ashraf was a tribal chief among the Jews and was a sworn enemy of the Holy Prophet and his Muslim followers. It was a strange coincidence that a Jew would leave his chief aside and elect to go by the judgment of the Holy Prophet ﷺ ، while Bishr, who called himself a Muslim, would bypass him and elect to go by the judgment of the Jewish chief. But, there was a secret behind it. Both of them were certain that the Holy Prophet ﷺ will give a judgment which is bound to be true and just. It will be free from apprehensions about any tilt or favour or misunderstanding. Since the Jew was on the right in this dispute, so he had more confidence in the Holy Prophet ﷺ as compared to his own chief, Ka'b ibn Ashraf. Bishr, the hypocrite was in the wrong, therefore, he knew that the Prophet's judgment will be against him - even though he claimed to be a Muslim while his adversary was a Jew.However, after some mutual cross talk between them, both of them agreed upon the option of going to the Holy Prophet ﷺ and requesting him to give a decision in their dispute. So, the case went to him. He made relevant investigation in the case which proved that the Jew was in the right: Consequently, he gave a decision in his favour. But, on the other side, there was Bishr, a pretending Muslim, who lost his case before him. He was not pleased with this judgment, so he hit upon a new plan to persuade the Jew to somehow agree to go to Sayyidna ` Umar ibn al-Khattab ؓ and have him give a decision in their case. The Jew agreed. There was a secret here too. Bishr was under the impression that Sayyidna ` Umar is usually hard on disbelievers so he would, rather than decide in favour of the Jew, decide in his favour.Thus, they both reached Sayyidna ` Umar ؓ . The Jew told him everything about the incident and also narrated to him how the Holy Prophet ﷺ had already given his decision in this case and that this man was not satisfied with it and had, therefore, brought his case before you.' Sayyidna ` Umar ؓ asked Bishr, "Is this what really happened?" He confessed that this is how it was. Thereupon, Sayyidna ` Umar ؓ said: "All right; you wait here, I am coming." He went into the house and came out with a sword which he swung to finish the hypocrite off, saying: "This is the decision for him who is dissatisfied with the decision of the Holy Prophet ﷺ " (This incident appears in Ruh al-Ma’ ani from Sayyidna 'Abdullah ibn ` Abbas as narrated by Thalabi and Ibn Abi Hatim).Most commentators have also added that, following this incident, the heirs of the hypocrite thus killed filed a suit against Sayyidna ` Umar ؓ accusing him of having killed a Muslim without adequate legal authority as admitted by the Shari’ ah of Islam. To strengthen their case, they submitted interpretations of his kufr (disbelief) in words and deeds in order to prove his being a Muslim. In the present verse, Allah Almighty has unfolded the reality behind the case, confirming that the person killed was a hypocrite, and thus it was that Sayyidna ` Umar ؓ was absolved.Also reported are some other incidents of this nature where people had bypassed clear Islamic legal verdict to finally accept the decision of a soothsayer or astrologer. It is possible that the present verse was revealed about all such incidents.The explanation of versesThe first verse (60) exposes the claim of those who say that they have believed in earlier scriptures, the Torah and the Evangel, and now believe in the Book (the Qur'an) revealed to the Holy Prophet Muhammad ﷺ . That is, earlier in time, they were a part of the community of the people of the Book, then they entered the fold of Islam and became a part of the Muslim community. The verse warns that this claim of theirs is simply a verbal camouflage for their hypocrisy. Their hearts are stuffed with the same old disbelief which has come out in the open during this dispute when Bishr, bypassing the Holy Prophet ﷺ ، proposed that the Jewish chief, Ka'b ibnAshraf be the judge in that dispute and, in addition to that, later when the Holy Prophet ﷺ ، gave a clear and just decision, he found it unacceptable.The comment which follows immediately employs the word, "Taghut" which has been left un-translated. Lexically, “ Taghut” primarily means one who exceeds the limits.' In usage, the Satan is referred to as Taghut. In this verse, carrying the dispute to Ka'b ibn Ashraf has been equated with carrying it to the Satan. The reason could be that Ka'b ibn Ashraf was himself a satan personified, or it could be that bypassing a decision under the God-given law and preferring a decision contrary to it can only come from the teaching of the Satan. About anyone who follows this course, it is clear that he has virtually taken his case to the court of none else but the Satan. There-fore, right there in the end of this verse, there appears the warning that those who follow the. Satan, the Satan will mislead them to a remote wrong way.
60
4
وَإِذَا قِيلَ لَهُمْ تَعَالَوْا۟ إِلَىٰ مَآ أَنزَلَ ٱللَّهُ وَإِلَى ٱلرَّسُولِ رَأَيْتَ ٱلْمُنَٰفِقِينَ يَصُدُّونَ عَنكَ صُدُودًا
<p>The second verse (61) tells us that turning away from the decision of the Holy Prophet ﷺ ، given under the dictates of the Shari’ ah in matters relating to mutual quarrels and disputes, can never be the response of a Muslim. One who does it has to be a munafiq (hypocrite). Thus, when the disbelief of this hypocrite was practically exposed through his dissatisfaction with the decision of the Holy Prophet ﷺ ، his being killed by Sayyidna ` Umar ؓ became all the more justified, because he no more remained a munafiq (hypocrite) and, in fact, became an open Kafir (or apostate). Therefore, it was said; And when it is said to them, "Come to what Allah has revealed, and to the Messenger," you will see the hypocrites turning away from you in aversion.'</p>
The second verse (61) tells us that turning away from the decision of the Holy Prophet ﷺ ، given under the dictates of the Shari’ ah in matters relating to mutual quarrels and disputes, can never be the response of a Muslim. One who does it has to be a munafiq (hypocrite). Thus, when the disbelief of this hypocrite was practically exposed through his dissatisfaction with the decision of the Holy Prophet ﷺ ، his being killed by Sayyidna ` Umar ؓ became all the more justified, because he no more remained a munafiq (hypocrite) and, in fact, became an open Kafir (or apostate). Therefore, it was said; And when it is said to them, "Come to what Allah has revealed, and to the Messenger," you will see the hypocrites turning away from you in aversion.'
61
4
فَكَيْفَ إِذَآ أَصَٰبَتْهُم مُّصِيبَةٌۢ بِمَا قَدَّمَتْ أَيْدِيهِمْ ثُمَّ جَآءُوكَ يَحْلِفُونَ بِٱللَّهِ إِنْ أَرَدْنَآ إِلَّآ إِحْسَٰنًا وَتَوْفِيقًا
<p>The third verse (62) exposes as false all interpretations advanced by those who bypassed decisions given under God-given laws only to turn to decisions which were contrary to it. Their plea, in gist, was that they did not bypass the Messenger of Allah for any reason of lack of belief in the truth of his station and mission and that they did not prefer the decision of others over his decisions as if it was the ultimate Truth. Rather, they claimed, there were expedient considerations which led them to taking this course of action. For instance, one such expedient consideration was that, a case going to the Messenger of Allah would have meant that the decision would have been strictly legal, true and just - devoid of any options of mutual patch-up and tolerance (of 'other' factors not necessarily just): Naturally, articulating deceptively, they said they took the case somewhere else so that something good shows up for both parties through a mutual conciliation.</p><p>As evident, they came up with all these interpretations only when their secret was revealed and their wickedness and hypocrisy came out in the open and their man was killed at the hands of Sayyidna ` Umar ؓ .</p><p>In short, it was a consequence of their evil deed which brought upon them the disgrace or disaster of an accomplice killed, following which they started making statements on oath with all sorts of excuses and interpretations. Allah Almighty, in this verse, makes it very clear that these people are liars in their oaths and interpretations and that everything they have done, they have done because of their disbelief and hypocrisy. Their pattern of behaviour is that, when called to come to the Book of Allah and to His Messenger, they would turn away, all averse - which is no hallmark of a true Muslim. But they, as the verse says, would become all alert once they get into trouble as a result of their own evil deeds - like when the exposure of their breach of trust or hypocrisy brings shame on them, or when it leads to the killing of their man - then, they come to the Messenger swearing by Allah that they meant nothing but good. That they took their case to somebody else was not because they did not believe in the Prophet, or that they doubted the veracity of his judgment, but that their aim was to promote good and. bring about harmony between the disputing parties.</p>
The third verse (62) exposes as false all interpretations advanced by those who bypassed decisions given under God-given laws only to turn to decisions which were contrary to it. Their plea, in gist, was that they did not bypass the Messenger of Allah for any reason of lack of belief in the truth of his station and mission and that they did not prefer the decision of others over his decisions as if it was the ultimate Truth. Rather, they claimed, there were expedient considerations which led them to taking this course of action. For instance, one such expedient consideration was that, a case going to the Messenger of Allah would have meant that the decision would have been strictly legal, true and just - devoid of any options of mutual patch-up and tolerance (of 'other' factors not necessarily just): Naturally, articulating deceptively, they said they took the case somewhere else so that something good shows up for both parties through a mutual conciliation.As evident, they came up with all these interpretations only when their secret was revealed and their wickedness and hypocrisy came out in the open and their man was killed at the hands of Sayyidna ` Umar ؓ .In short, it was a consequence of their evil deed which brought upon them the disgrace or disaster of an accomplice killed, following which they started making statements on oath with all sorts of excuses and interpretations. Allah Almighty, in this verse, makes it very clear that these people are liars in their oaths and interpretations and that everything they have done, they have done because of their disbelief and hypocrisy. Their pattern of behaviour is that, when called to come to the Book of Allah and to His Messenger, they would turn away, all averse - which is no hallmark of a true Muslim. But they, as the verse says, would become all alert once they get into trouble as a result of their own evil deeds - like when the exposure of their breach of trust or hypocrisy brings shame on them, or when it leads to the killing of their man - then, they come to the Messenger swearing by Allah that they meant nothing but good. That they took their case to somebody else was not because they did not believe in the Prophet, or that they doubted the veracity of his judgment, but that their aim was to promote good and. bring about harmony between the disputing parties.
62
4
أُو۟لَٰٓئِكَ ٱلَّذِينَ يَعْلَمُ ٱللَّهُ مَا فِى قُلُوبِهِمْ فَأَعْرِضْ عَنْهُمْ وَعِظْهُمْ وَقُل لَّهُمْ فِىٓ أَنفُسِهِمْ قَوْلًۢا بَلِيغًا
<p>The fourth verse (63) comes up with the answer. It says that Allah is all-aware of the disbelief and hypocrisy rooted in their hearts. All their interpretations are false, and their oaths, an exercise in lying. So, the Holy Prophet ﷺ ، is being asked to ignore their excuses and reject their charge of excess against Sayyidna ` Umar , as the disbelief of this particular hypocrite had become manifest.</p><p>After that, towards the end of this verse (63), the Holy Prophet 4 has been asked to give good counsel to the rest of the hypocrites as well, in a way that may touch their hearts, that is, tell them to fear what lies beyond the present life and invite them to follow the path of Islam sincerely, or remind them of their likely worldly punishment in the event they stuck to their hypocrisy which might be exposed some day, some time, and they might as well meet the same fate as did Bishr, the hypocrite.</p>
The fourth verse (63) comes up with the answer. It says that Allah is all-aware of the disbelief and hypocrisy rooted in their hearts. All their interpretations are false, and their oaths, an exercise in lying. So, the Holy Prophet ﷺ ، is being asked to ignore their excuses and reject their charge of excess against Sayyidna ` Umar , as the disbelief of this particular hypocrite had become manifest.After that, towards the end of this verse (63), the Holy Prophet 4 has been asked to give good counsel to the rest of the hypocrites as well, in a way that may touch their hearts, that is, tell them to fear what lies beyond the present life and invite them to follow the path of Islam sincerely, or remind them of their likely worldly punishment in the event they stuck to their hypocrisy which might be exposed some day, some time, and they might as well meet the same fate as did Bishr, the hypocrite.
63
4
وَمَآ أَرْسَلْنَا مِن رَّسُولٍ إِلَّا لِيُطَاعَ بِإِذْنِ ٱللَّهِ وَلَوْ أَنَّهُمْ إِذ ظَّلَمُوٓا۟ أَنفُسَهُمْ جَآءُوكَ فَٱسْتَغْفَرُوا۟ ٱللَّهَ وَٱسْتَغْفَرَ لَهُمُ ٱلرَّسُولُ لَوَجَدُوا۟ ٱللَّهَ تَوَّابًا رَّحِيمًا
<p>The fifth verse (64) begins by stating a universal Divine principle: And We did not send any Messenger but to be obeyed by the leave of Allah.' It means that any Messenger who was sent by Allah was sent so that everyone obeys the rules set by him in accordance with the will and command of Allah Almighty. In that case, the inevitable consequence will be that anyone who opposes the rules set by the Messenger will be dealt with in the manner disbelievers are dealt with. Therefore, whatever Sayyidna ` Umar ؓ did turned out to be correct. Following this appears an advice in the best interest of the hypocrites indicating that they would have done better if, rather than indulge in false oaths and interpretations, they would have confessed their error and presented themselves before him seeking forgiveness from Allah, and the Messenger too prayed for their forgiveness, then, Allah Almighty would have certainly accepted their repentance.</p><p>At this place, for the repentance to be acceptable, two things have been made binding: That they present themselves before the Holy Prophet ~..L ..1L ! t and that he then prays for their forgiveness. Perhaps, the first reason is that they violated the great station of prophethood bestowed by Allah Almighty on His noble Messenger ﷺ and caused him undue pain by disregarding the decision given by him. So, in order that their repentance: over their crime becomes acceptable, the condition that they present themselves before the Holy Prophet ﷺ and that he prays for their forgiveness was imposed on them.</p><p>Although, this verse (64) was revealed in the background of a particular incident relating to the hypocrites, yet its words yield a general ruling which stipulates that anyone who presents himself before the Holy Prophet ﷺ and he prays for his forgiveness he will definitely be forgiven. And 'the presence before the Holy Prophet ﷺ as it would have been during his blessed life in this mortal world, holds the same effect even today as the visit to the sacred precincts of the Mosque of the Prophet and the act of 'presenting' oneself before the blessed resident of the sanctified mausoleum falls within the jurisdiction of this rule.</p><p>Sayyidna Ali ؓ said: "Three days after we all had finished with the burial of the Messenger of Allah ﷺ a villager came and fell down close to the blessed grave. Weeping bitterly, he referred to this particular verse of the Qur'an and addressing himself to the blessed grave, he said: 'Allah Almighty has promised in this verse that a sinner, if he presented himself before the Rasul of Allah, and the Rasul elects to pray for his forgiveness, then he will be forgiven. Therefore, here I am, presenting myself before you so that I may be blessed with your prayer for my forgiveness.' People personally present there at that time say that, in response to the pleading of the villager, a voice coming out from the sanctified mausoleum rang around with the words: قَد غُفِرَ لَکَ meaning: You have been forgiven. (al-Bahr al-Muhit)</p>
The fifth verse (64) begins by stating a universal Divine principle: And We did not send any Messenger but to be obeyed by the leave of Allah.' It means that any Messenger who was sent by Allah was sent so that everyone obeys the rules set by him in accordance with the will and command of Allah Almighty. In that case, the inevitable consequence will be that anyone who opposes the rules set by the Messenger will be dealt with in the manner disbelievers are dealt with. Therefore, whatever Sayyidna ` Umar ؓ did turned out to be correct. Following this appears an advice in the best interest of the hypocrites indicating that they would have done better if, rather than indulge in false oaths and interpretations, they would have confessed their error and presented themselves before him seeking forgiveness from Allah, and the Messenger too prayed for their forgiveness, then, Allah Almighty would have certainly accepted their repentance.At this place, for the repentance to be acceptable, two things have been made binding: That they present themselves before the Holy Prophet ~..L ..1L ! t and that he then prays for their forgiveness. Perhaps, the first reason is that they violated the great station of prophethood bestowed by Allah Almighty on His noble Messenger ﷺ and caused him undue pain by disregarding the decision given by him. So, in order that their repentance: over their crime becomes acceptable, the condition that they present themselves before the Holy Prophet ﷺ and that he prays for their forgiveness was imposed on them.Although, this verse (64) was revealed in the background of a particular incident relating to the hypocrites, yet its words yield a general ruling which stipulates that anyone who presents himself before the Holy Prophet ﷺ and he prays for his forgiveness he will definitely be forgiven. And 'the presence before the Holy Prophet ﷺ as it would have been during his blessed life in this mortal world, holds the same effect even today as the visit to the sacred precincts of the Mosque of the Prophet and the act of 'presenting' oneself before the blessed resident of the sanctified mausoleum falls within the jurisdiction of this rule.Sayyidna Ali ؓ said: "Three days after we all had finished with the burial of the Messenger of Allah ﷺ a villager came and fell down close to the blessed grave. Weeping bitterly, he referred to this particular verse of the Qur'an and addressing himself to the blessed grave, he said: 'Allah Almighty has promised in this verse that a sinner, if he presented himself before the Rasul of Allah, and the Rasul elects to pray for his forgiveness, then he will be forgiven. Therefore, here I am, presenting myself before you so that I may be blessed with your prayer for my forgiveness.' People personally present there at that time say that, in response to the pleading of the villager, a voice coming out from the sanctified mausoleum rang around with the words: قَد غُفِرَ لَکَ meaning: You have been forgiven. (al-Bahr al-Muhit)
64
4
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا۟ فِىٓ أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا۟ تَسْلِيمًا
<p>Commentary</p><p>Not accepting the decision of the Holy Prophet is Kufr</p><p>This verse, while projecting a powerful view of the highly exalted station of the noble Prophet ﷺ presents a very explicit statement concerning the need to obey him, something conclusively proved by so many verses of the Holy Qur'an. The verse opens with the ultimate oath, "by your Lord", following which Allah Almighty proclaims that nobody can become a Muslim unless he accepts the verdict of the Holy Prophet ﷺ willingly, calmly and fully to the extent that there remains even in his heart not the slightest strain because of this verdict.</p><p>The Holy Prophet ﷺ is himself the exerciser of God-given authority over his community in his capacity as the Messenger of Allah and he is thus responsible for adjudicating in every dispute that may arise. The authority he excercises in making decisions certainly does not depend upon his being made a judge by some litigants. We should also keep in mind that Muslims have been asked to make the prophet their judge because people are generally not satisfied with judgments delivered by someone appointed by the government as compared with an arbitrator they themselves choose to have. But, the Holy Prophet ﷺ ، is not only the ruler of a state, he is a Messenger of Allah, protected against sins by Him, and sent as mercy for the worlds, and also a loving father for his community - so, the compassionate instruction given is that, whenever a situation of conflict arises in social or religious matters, the contesting parties are duty-bound to make the Holy Prophet ﷺ the arbitrator and judge and have him give the final verdict, and once the verdict has been given by him, let them all accept it whole-heartedly and act accordingly.</p><p>The Authority of the Holy Prophet ﷺ extends to all times</p><p>Commentators say that acting in accordance with this command of the Holy Qur'n is not restricted to the blessed times when he graced this mortal world. After him, the verdict of the sacred Law left by him, is nothing but his own verdict. Therefore, the rule reigns supreme right through the Last Day, the rule that guidance should be sought by-turning directly to the Holy Prophet LI during his blessed life-time, and after him, one must turn to his Shari'ah which is, in all reality, a return to him, may Allah bless him forever and ever.</p><p>Some problems and their solutions</p><p>1. To begin with, as already stated earlier, the rule is that a person who is not satisfied with the decision given by the Holy Prophet ﷺ ، in every dispute and in every problem or issue, is not a Muslim. As we already know, this was the reason why Sayyidna ` Umar ؓ killed the person who was not satisfied with the decision given by the Holy Prophet ﷺ following which he carried the case to Sayyidna ` Umar for an alternate judgment. The heirs of the person killed went to the court of the Holy Prophet ﷺ with a suit against Sayyidna ` Umar ؓ accusing him of having killed a Muslim without a valid legal reason. It is important to note here, and this has not been taken up earlier, that the following words, when the case was presented before the Holy Prophet ﷺ ، came out spontaneously from his blessed lips: " مَا کنت أظن أن عمر یجترء علٰی قتل رجل مؤمن " (that is, I never thought ` Umar will ever dare killing a believing Muslim). This proves that the higher authority, when approached with an appeal against the decision of a lower authority, should not take sides with his subordinate authority, but should come up with a decision based on justice and fairness alone, as it has been illustrated above where the Holy Prophet ﷺ expressed his displeasure over the decision of Sayyidna ` Umar ؓ - before the revelation of the verse had a bearing on this incident. Once this verse was revealed, the reality came out in the open that the person killed was not a believing Muslim as confirmed by this verse.</p><p>2. The second ruling which emerges from the expression: فیما شَجَرَ (in the disputes which arise) settles that it is not restricted to dealings and rights alone; it covers articles of belief, ideas and many other theoretical problems. (at-Bahr al-Muhit) Therefore, given such a wide spectrum if intellectual and social activity, it is not unlikely that things could go to the undesirable limits of mutual differences in views and ways when confronting a certain problem. When this does happen, it is the duty of a Muslim not to continue mutual disputation, instead of which, both parties should revert back to the Holy Prophet ﷺ ، and when he is not with them personally, they must revert back to his Shari’ ah to search for the solution of their problems.</p><p>3. The third rule of self-assessment that we find from here is: Doing something, which was provenly said or done by the Holy Prophet ﷺ ، with a heavy heart is a sign of weakness in faith ('Iman). For example, there are occasions when the Shari’ ah has allowed the performance of salah by making tayammum in place of the regular wudu with water; now, if a person feels uneasy and not so satisfied with the idea of making the symbolic tayammum in place of a regular wuclu he would very much like to do, then, he should not take this attitude of his as a sign of taqwa or piety, instead, he should take it to be caused by some spiritual sickness. Who can be more muttaqi, more God-fearing than the Holy Prophet ﷺ ? If the form and condition in which he allowed people to perform their prayers while sitting - and he himself performed it while sitting - does not find favour with a person looking for the satisfaction of his heart, and he elects to undergo unbearable hardship by insisting to stand and perform his prayer in that position, then, he better be sure that there is some sickness is his heart. However, if a person, whose pain or discomfort or need is not that acute, elects not to use the leave (rukhsah) given to him by the Shari’ ah and, instead of that, chooses to take the path of high determination.(` azimah) which is, then, correct in accordance with the very teaching of the Holy Prophet ﷺ . But feeling any strain in utilizing the leaves (rukhsah) granted by the Shari’ ah as some sort of absolute rule is no taqwa. It is for this reason that the Holy Prophet ﷺ has said: یُحِبُّ اَن تُؤتٰی اِنَ اللہ تعالیٰ یُحِبُّ اَن تُؤتٰی رُخصہ کَمَا یُحِبُّ اَن تُؤتٰی عَزَایٔمُہ (that is, 'the way Allah Almighty is pleased with what is done with high determination, so is He pleased with what is done by using leaves).'</p><p>The best method of general ` Ibadat (acts of worship), Adhkar اَذکَار (plural of dhikr: the remembrance of Allah), Aurad اوراد (plural of wird وِرد : self-allotted voluntary recitations, made privately in specified hours of the morning or night), Durud (prayer to Allah that peace and blessings be on the Holy Prophet ﷺ and Tasbih (glorification of Allah) is no different than what used to be the routine of the Holy Prophet ﷺ himself and which was, after him, followed consistently by his noble Companions, may Allah be pleased with them all. All Muslims must, as a matter or personal obligation, find these out from the authentic and sound narrations of hadith so that they can make them an integral part of their daily routine of life.</p><p>Special Note</p><p>Details given above clearly show that the Holy Prophet was not only a reformer and moral leader but was a just ruler as well, an authority of such class and majesty that his judgment was declared to be the very criterion of belief and disbelief, a 'distinguishing feature between 'Iman and Kufr, as evident from the incident relating to Bishr, the hypocrite. To make this prophetic station more explicit, Allah Almighty has, at many places in His sacred Book made the obedience of the Holy Prophet ﷺ mandatory along with His own due obedience incumbent on all believers. Thus, the Qur'an says: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ (Obey Allah and obey the Messenger - 3:32; 3:132; 4:59; 5:92; 24:54; 47:33; 64:12). Then, elsewhere it says: مَّن يُطِعِ الرَّ‌سُولَ فَقَدْ أَطَاعَ اللَّـهَ (Whoever obeys the Messenger, he really obeys Allah - 4:80).1</p><p>1. For a detailed treatment of this aspect, please see "The Authority of Sunnah" by Muhammad Taqi Usmani.</p><p>A little deliberation in these verses will unfold the radiant grandeur of his authority, a practical demonstration of which became manifest when Allah Almighty sent to him His Law so that he can decide cases in accordance with it. Therefore, it was said: إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَ‌اكَ اللَّـهُ ۚ (that is, 'We revealed to you the Book with the truth so that you may judge between people by what Allah makes you see.' ) (4:105)</p>
CommentaryNot accepting the decision of the Holy Prophet is KufrThis verse, while projecting a powerful view of the highly exalted station of the noble Prophet ﷺ presents a very explicit statement concerning the need to obey him, something conclusively proved by so many verses of the Holy Qur'an. The verse opens with the ultimate oath, "by your Lord", following which Allah Almighty proclaims that nobody can become a Muslim unless he accepts the verdict of the Holy Prophet ﷺ willingly, calmly and fully to the extent that there remains even in his heart not the slightest strain because of this verdict.The Holy Prophet ﷺ is himself the exerciser of God-given authority over his community in his capacity as the Messenger of Allah and he is thus responsible for adjudicating in every dispute that may arise. The authority he excercises in making decisions certainly does not depend upon his being made a judge by some litigants. We should also keep in mind that Muslims have been asked to make the prophet their judge because people are generally not satisfied with judgments delivered by someone appointed by the government as compared with an arbitrator they themselves choose to have. But, the Holy Prophet ﷺ ، is not only the ruler of a state, he is a Messenger of Allah, protected against sins by Him, and sent as mercy for the worlds, and also a loving father for his community - so, the compassionate instruction given is that, whenever a situation of conflict arises in social or religious matters, the contesting parties are duty-bound to make the Holy Prophet ﷺ the arbitrator and judge and have him give the final verdict, and once the verdict has been given by him, let them all accept it whole-heartedly and act accordingly.The Authority of the Holy Prophet ﷺ extends to all timesCommentators say that acting in accordance with this command of the Holy Qur'n is not restricted to the blessed times when he graced this mortal world. After him, the verdict of the sacred Law left by him, is nothing but his own verdict. Therefore, the rule reigns supreme right through the Last Day, the rule that guidance should be sought by-turning directly to the Holy Prophet LI during his blessed life-time, and after him, one must turn to his Shari'ah which is, in all reality, a return to him, may Allah bless him forever and ever.Some problems and their solutions1. To begin with, as already stated earlier, the rule is that a person who is not satisfied with the decision given by the Holy Prophet ﷺ ، in every dispute and in every problem or issue, is not a Muslim. As we already know, this was the reason why Sayyidna ` Umar ؓ killed the person who was not satisfied with the decision given by the Holy Prophet ﷺ following which he carried the case to Sayyidna ` Umar for an alternate judgment. The heirs of the person killed went to the court of the Holy Prophet ﷺ with a suit against Sayyidna ` Umar ؓ accusing him of having killed a Muslim without a valid legal reason. It is important to note here, and this has not been taken up earlier, that the following words, when the case was presented before the Holy Prophet ﷺ ، came out spontaneously from his blessed lips: " مَا کنت أظن أن عمر یجترء علٰی قتل رجل مؤمن " (that is, I never thought ` Umar will ever dare killing a believing Muslim). This proves that the higher authority, when approached with an appeal against the decision of a lower authority, should not take sides with his subordinate authority, but should come up with a decision based on justice and fairness alone, as it has been illustrated above where the Holy Prophet ﷺ expressed his displeasure over the decision of Sayyidna ` Umar ؓ - before the revelation of the verse had a bearing on this incident. Once this verse was revealed, the reality came out in the open that the person killed was not a believing Muslim as confirmed by this verse.2. The second ruling which emerges from the expression: فیما شَجَرَ (in the disputes which arise) settles that it is not restricted to dealings and rights alone; it covers articles of belief, ideas and many other theoretical problems. (at-Bahr al-Muhit) Therefore, given such a wide spectrum if intellectual and social activity, it is not unlikely that things could go to the undesirable limits of mutual differences in views and ways when confronting a certain problem. When this does happen, it is the duty of a Muslim not to continue mutual disputation, instead of which, both parties should revert back to the Holy Prophet ﷺ ، and when he is not with them personally, they must revert back to his Shari’ ah to search for the solution of their problems.3. The third rule of self-assessment that we find from here is: Doing something, which was provenly said or done by the Holy Prophet ﷺ ، with a heavy heart is a sign of weakness in faith ('Iman). For example, there are occasions when the Shari’ ah has allowed the performance of salah by making tayammum in place of the regular wudu with water; now, if a person feels uneasy and not so satisfied with the idea of making the symbolic tayammum in place of a regular wuclu he would very much like to do, then, he should not take this attitude of his as a sign of taqwa or piety, instead, he should take it to be caused by some spiritual sickness. Who can be more muttaqi, more God-fearing than the Holy Prophet ﷺ ? If the form and condition in which he allowed people to perform their prayers while sitting - and he himself performed it while sitting - does not find favour with a person looking for the satisfaction of his heart, and he elects to undergo unbearable hardship by insisting to stand and perform his prayer in that position, then, he better be sure that there is some sickness is his heart. However, if a person, whose pain or discomfort or need is not that acute, elects not to use the leave (rukhsah) given to him by the Shari’ ah and, instead of that, chooses to take the path of high determination.(` azimah) which is, then, correct in accordance with the very teaching of the Holy Prophet ﷺ . But feeling any strain in utilizing the leaves (rukhsah) granted by the Shari’ ah as some sort of absolute rule is no taqwa. It is for this reason that the Holy Prophet ﷺ has said: یُحِبُّ اَن تُؤتٰی اِنَ اللہ تعالیٰ یُحِبُّ اَن تُؤتٰی رُخصہ کَمَا یُحِبُّ اَن تُؤتٰی عَزَایٔمُہ (that is, 'the way Allah Almighty is pleased with what is done with high determination, so is He pleased with what is done by using leaves).'The best method of general ` Ibadat (acts of worship), Adhkar اَذکَار (plural of dhikr: the remembrance of Allah), Aurad اوراد (plural of wird وِرد : self-allotted voluntary recitations, made privately in specified hours of the morning or night), Durud (prayer to Allah that peace and blessings be on the Holy Prophet ﷺ and Tasbih (glorification of Allah) is no different than what used to be the routine of the Holy Prophet ﷺ himself and which was, after him, followed consistently by his noble Companions, may Allah be pleased with them all. All Muslims must, as a matter or personal obligation, find these out from the authentic and sound narrations of hadith so that they can make them an integral part of their daily routine of life.Special NoteDetails given above clearly show that the Holy Prophet was not only a reformer and moral leader but was a just ruler as well, an authority of such class and majesty that his judgment was declared to be the very criterion of belief and disbelief, a 'distinguishing feature between 'Iman and Kufr, as evident from the incident relating to Bishr, the hypocrite. To make this prophetic station more explicit, Allah Almighty has, at many places in His sacred Book made the obedience of the Holy Prophet ﷺ mandatory along with His own due obedience incumbent on all believers. Thus, the Qur'an says: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ (Obey Allah and obey the Messenger - 3:32; 3:132; 4:59; 5:92; 24:54; 47:33; 64:12). Then, elsewhere it says: مَّن يُطِعِ الرَّ‌سُولَ فَقَدْ أَطَاعَ اللَّـهَ (Whoever obeys the Messenger, he really obeys Allah - 4:80).11. For a detailed treatment of this aspect, please see "The Authority of Sunnah" by Muhammad Taqi Usmani.A little deliberation in these verses will unfold the radiant grandeur of his authority, a practical demonstration of which became manifest when Allah Almighty sent to him His Law so that he can decide cases in accordance with it. Therefore, it was said: إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَ‌اكَ اللَّـهُ ۚ (that is, 'We revealed to you the Book with the truth so that you may judge between people by what Allah makes you see.' ) (4:105)
65
4
وَلَوْ أَنَّا كَتَبْنَا عَلَيْهِمْ أَنِ ٱقْتُلُوٓا۟ أَنفُسَكُمْ أَوِ ٱخْرُجُوا۟ مِن دِيَٰرِكُم مَّا فَعَلُوهُ إِلَّا قَلِيلٌ مِّنْهُمْ وَلَوْ أَنَّهُمْ فَعَلُوا۟ مَا يُوعَظُونَ بِهِۦ لَكَانَ خَيْرًا لَّهُمْ وَأَشَدَّ تَثْبِيتًا
<p>The present verses and those appearing immediately earlier were revealed in the background of an incident relating to Bishr, the hypocrite. As we already know, he had first proposed Ka'b Ibn Ashraf, the Jew as the adjudicator of his dispute, but, later on, mutual discussions forced him to go to the Holy Prophet ﷺ for this purpose.</p><p>Since the judgment of the Holy Prophet ﷺ was against him, he did not accept it and went to Sayyidna ` Umar ؓ for a totally fresh decision.</p><p>When the news of this incident got around in the city of Madinah, the Jews chided Muslims by saying: 'What sort of people you really are? Here you are believing in a Messenger of Allah and claiming to follow him, yet you do not accept his decisions! Look, in -order that their repentance be accepted, the Jews were commanded to kill each other. This was a severe command, but we obeyed it, so much so that seventy thousand of our people were killed. If you were given a command like that, what would you have done?' Thereupon, the verse وَلَوْ أَنَّا كَتَبْنَا عَلَيْهِمْ (And if We had prescribed for them ...) was revealed. It means: If these hypocrites, or all common people, disbelievers or believers, were charged with some severe command, such as that of self-killing or migration like the Bani' Isra` il were ordered to do, very few of them would have, being what they are, obeyed this command.</p><p>On the one hand, there is a stern warning here for people who try to seek the solutions of their disputes, not from the Messenger of Allah, or not from the Law and Way of the Messenger of Allah ﷺ ، but take it elsewhere. On the other hand, it answers the chiding of the Jews because this state of affairs fits the hypocrites and certainly not those who are firm in their faith as true Muslims. This is proved by what happened when this verse was revealed. Someone from among the noble Companions, may Allah be pleased with them all, said: 'Allah did not put us through this trial.' When this statement was relayed to the Holy Prophet ﷺ ، he said: 'There are people in my community in whose heart Faith is entrenched firm like mountains.' Ibn Wahab says that this statement was made by Sayyidna Abu Bakr رضی اللہ تعالیٰ عنہ .</p><p>According to another narration, when Sayyidna Abu Bakr ؓ heard this verse, he said: Had this command been prescribed, by God, I would have been the first to sacrifice myself and my family to obey.</p><p>According to some other narrations, when this verse was revealed, the Holy Prophet ﷺ said: If this command to self-kill or migrate had come from Allah, Umm ` Abd (meaning Sayyidna ` Abdullah ibn Masud ؓ would have definitely acted accord-ingly.' As for migration, the noble Companions ؓ acted faithfully and selflessly when they left their homes in Makkah, left their properties and businesses, and migrated to Madinah.</p><p>Towards the end of the verse (66), it has been said that, difficult though it may seem, yet doing, so in obedience to their Lord's command would turn out to be better for them in the end. This will make their faith more firm, bringing a great reward from Allah, and the blessing of being guided to the straight path.</p><p>This great reward promised here in the end of verse 67 for those who obey Allah and His Messenger has been described immediately after in verses 69 and 70 which follow with detailed explanations of the promised ranks. it.</p>
The present verses and those appearing immediately earlier were revealed in the background of an incident relating to Bishr, the hypocrite. As we already know, he had first proposed Ka'b Ibn Ashraf, the Jew as the adjudicator of his dispute, but, later on, mutual discussions forced him to go to the Holy Prophet ﷺ for this purpose.Since the judgment of the Holy Prophet ﷺ was against him, he did not accept it and went to Sayyidna ` Umar ؓ for a totally fresh decision.When the news of this incident got around in the city of Madinah, the Jews chided Muslims by saying: 'What sort of people you really are? Here you are believing in a Messenger of Allah and claiming to follow him, yet you do not accept his decisions! Look, in -order that their repentance be accepted, the Jews were commanded to kill each other. This was a severe command, but we obeyed it, so much so that seventy thousand of our people were killed. If you were given a command like that, what would you have done?' Thereupon, the verse وَلَوْ أَنَّا كَتَبْنَا عَلَيْهِمْ (And if We had prescribed for them ...) was revealed. It means: If these hypocrites, or all common people, disbelievers or believers, were charged with some severe command, such as that of self-killing or migration like the Bani' Isra` il were ordered to do, very few of them would have, being what they are, obeyed this command.On the one hand, there is a stern warning here for people who try to seek the solutions of their disputes, not from the Messenger of Allah, or not from the Law and Way of the Messenger of Allah ﷺ ، but take it elsewhere. On the other hand, it answers the chiding of the Jews because this state of affairs fits the hypocrites and certainly not those who are firm in their faith as true Muslims. This is proved by what happened when this verse was revealed. Someone from among the noble Companions, may Allah be pleased with them all, said: 'Allah did not put us through this trial.' When this statement was relayed to the Holy Prophet ﷺ ، he said: 'There are people in my community in whose heart Faith is entrenched firm like mountains.' Ibn Wahab says that this statement was made by Sayyidna Abu Bakr رضی اللہ تعالیٰ عنہ .According to another narration, when Sayyidna Abu Bakr ؓ heard this verse, he said: Had this command been prescribed, by God, I would have been the first to sacrifice myself and my family to obey.According to some other narrations, when this verse was revealed, the Holy Prophet ﷺ said: If this command to self-kill or migrate had come from Allah, Umm ` Abd (meaning Sayyidna ` Abdullah ibn Masud ؓ would have definitely acted accord-ingly.' As for migration, the noble Companions ؓ acted faithfully and selflessly when they left their homes in Makkah, left their properties and businesses, and migrated to Madinah.Towards the end of the verse (66), it has been said that, difficult though it may seem, yet doing, so in obedience to their Lord's command would turn out to be better for them in the end. This will make their faith more firm, bringing a great reward from Allah, and the blessing of being guided to the straight path.This great reward promised here in the end of verse 67 for those who obey Allah and His Messenger has been described immediately after in verses 69 and 70 which follow with detailed explanations of the promised ranks. it.
66
4
وَإِذًا لَّءَاتَيْنَٰهُم مِّن لَّدُنَّآ أَجْرًا عَظِيمًا
67
4
وَلَهَدَيْنَٰهُمْ صِرَٰطًا مُّسْتَقِيمًا
68
4
وَمَن يُطِعِ ٱللَّهَ وَٱلرَّسُولَ فَأُو۟لَٰٓئِكَ مَعَ ٱلَّذِينَ أَنْعَمَ ٱللَّهُ عَلَيْهِم مِّنَ ٱلنَّبِيِّۦنَ وَٱلصِّدِّيقِينَ وَٱلشُّهَدَآءِ وَٱلصَّٰلِحِينَ وَحَسُنَ أُو۟لَٰٓئِكَ رَفِيقًا
<p>1.Siddiq, lexically means 'very truthful'. In the Islamic terminology, it normally refers to those Companions of a prophet who excel all others in their submission to Allah and His Messenger. They enjoy the highest status of piety after the Prophets, like Sayyidna Abu Bakr ؓ</p><p>2. Shuhada (plural of Shahid) means the persons who sacrificed their lives in the way of Allah. The word has not been translated here by the word 'martyr` which sometimes is taken as an equivalent of Shahid, because the word 'martyr' is also applied for the persons killed in ethnic or racial wars while they may not be termed as 'Shuhada' in the Islamic terminology.</p><p>In the verses appearing immediately earlier, the promise of a great reward was made to special addressees. at appears in the present verses is a universal promise. that those who obey Allah and His Messenger shall be rewarded as a standing rule.</p><p>Commentary:</p><p>Deeds wi11 be the criterion in ranks of Paradise</p><p>Those who do everything Allah and His Messenger have asked them to do and stay away from everything Allah and His Messenger have prohibited, shall receive different ranks in terms of their deeds. The foremost among them will be blessed with the highest stations of Paradise along with the noble prophets, may peace be upon- them all. Next to them will come those who will be blessed with the rank of those who are only next to prophets. They are known as the Siddiqin, that is, the great Companions of the Holy Prophet ﷺ who came forward to believe in the very initial stage without any hesitation or hostility, like Sayyidna Abu Bakr ؓ . Then, there will be a third rank of people who will be with the noble Shuhada. The Shuhada' are people who sacrificed their lives and wealth in the way of Allah. Then, those in the fourth rank will be with the revered Righteous. The Salihin or the Righteous are people who restrict themselves, outwardly and inwardly, to doing only what is good and right.</p><p>In short, all those who are totally obedient to Allah and His Messenger shall be in the company of those who are the most exalted and the most favoured in the sight of Allah Almighty and who have been identified here under four ranks: Prophets, Siddiqin, Shuhada' and Salihin (righteous).</p><p>The Background of Revelation</p><p>This verse was revealed in the background of a special event which has been reported by the great commentator, Ibn Kathir as based on several sound authorities.</p><p>It so happened, narrates Sayyidah ` A'ishah ؓ ، that a Companion came to the Holy Prophet ﷺ one day and said to him: 'Ya Rasulallah, I hold you dear, dearer than my own life, even more than my wife and more than my children. There are times when I do not seem to be at peace with myself even in my house until I come to you and have the pleasure of looking at you. That finally gives me the peace I missed. Now, I am worried about the time when you will leave this mortal world and I too will be taken away by death. In that case, what I know for sure is that you will be in Paradise with the blessed prophets housed in its most exalted stations. As for myself, first of all, I just do not know whether or not I shall be able to reach Paradise. Even if I do reach there, the level where I shall be will be way below from where you are. If I am unable to visit you and have the pleasure of seeing you there, how am I going to put this impatient heart of mine at rest?'</p><p>The Holy Prophet ﷺ quietly heard what he said, but made no response, until came the revelation of this particular verse (69)</p><p>وَمَن يُطِعِ اللَّـهَ وَالرَّ‌سُولَ فَأُولَـٰئِكَ مَعَ الَّذِينَ أَنْعَمَ اللَّـهُ عَلَيْهِم مِّنَ النَّبِيِّينَ وَالصِّدِّيقِينَ وَالشُّهَدَاءِ وَالصَّالِحِينَ ﴿69﴾</p><p>It was only then that the Holy Prophet ﷺ gave him the glad tidings that the obedient ones shall have occasions to meet with the prophets, the Siddiqin, the Shuhada' and the righteous. In other words, despite the relative precedence of ranks in Paradise, there will be occasions of meeting and sitting together.</p><p>Some forms of 'meeting' in Paradise</p><p>One such form will be that people will see each other from where they are, as it has been reported in Mu'atta of Imam Malik (رح) on the authority of a narration from Sayyidna Abu Said al-Khudri ؓ that the Holy Prophet ﷺ said: 'The inmates of Paradise will see those in the strata above them like you see stars in the physical world.'</p><p>Also there will be yet another form when visits will be made to the strata where they are, as Ibn Jarir has reported on the authority of a narration from Sayyidna Rabi' that the Holy Prophet ﷺ ، while explaining this verse, said: 'Those of the strata above will come down to those of the strata below to meet and sit with them.'</p><p>It also possible that those of the strata below have the permission to visit and meet those of the higher strata, as the Holy Prophet 4 has, on the basis of this verse, given many people the glad tidings of being with him in the Paradise.</p><p>It appears in Sahih Muslim 'that Sayyidna Ka` b ibn Aslami ,.L .1JI used to spend nights in the company of the Holy Prophet ﷺ At the time of Tahajjud on one of such nights, Sayyidna Ka'b Aslami ؓ brought water for wudu, the miswak and other things he might need at that time. The Holy Prophet ﷺ ، quite pleased with him, said: 'Is there anything I can do for you? Go ahead, ask.' Sayyidna Ka'b Aslami ؓ said: 'I wish to have your company in Paradise.' He said: 'Anything else?' Sayyidna Ka` b ؓ said: 'Nothing else.' Thereupon, the Holy Prophet ﷺ said: 'If you want to be with me in Paradise, then " أعنی علی نفسک بکثرۃ اسجود " (literally - 'help me by taking upon yourself the doing of plenty of prostrations' ). The elegant prophetic expression means that 'your wish shall be granted, but you can also help me in this by offering plenty of prostrations (sujud, sajdah) that is, plenty of voluntary prayers (nawafl).</p><p>According to the Musnad of Ahmad, a man came to the Holy Prophet ﷺ . and said: 'Ya Rasulallah, I have testified that there is none worthy of worship other than Allah, and that you are the true Messenger of Allah, and I dutifully perform the five prescribed prayers every day, pay the Zakah due on me and fast during the month of Ramadan.' Hearing this, the Holy Prophet ﷺ said: 'Anyone who dies in this state will be with the prophets, the Siddiqin and the Shuhada - only if he does not disobey his parents.'</p><p>Similarly, there is another hadith from Tirmidhi in which the Holy Prophet ﷺ reported to have said: اَلتاجر الصدوق الامین مع النبیِّن وَالصِّدِّیقین وَالشُھَدَآءِ , (The businessman who is truthful and trusty will be with the prophets and the Siddiqin and the Shuhada' ).</p><p>Love is the sine qua non of Nearness</p><p>The blessed company of the Holy Prophet ﷺ can be acquired by loving him. This is conclusively proved by what has been reported in Sahih al-Bukhari on the authority of many uninterrupted chains of narrations from a large body of the noble Companions ؓ of the Holy Prophet ﷺ that he, on being asked as to what will be the status of a person who does belong to a group emotionally but fails to achieve the standards of deeds set by it, said: اَلمَرَء مَعَ مَن اَحَبَّ that is, (on the Day of Resurrection) everyone will be with the ones whom he loves.</p><p>Sayyidna Anas ؓ days that the Noble Companions ؓ were never so pleased with anything else in this mortal world as they were when they heard this hadith, because it gave them the most wonderful news, a delightful prophecy indeed, that those who love the Holy Prophet ﷺ will be with their noble master on the plains of Resurrection and in the gardens of Paradise.</p><p>The company of the Holy Prophet is not restricted to any colour or race</p><p>In al-Mu'jim al-Kabir al-Tabarani has reported from Sayyidna ` Abdullah ibn ` Umar ؓ that an Ethiopian came to the Holy Prophet ﷺ and said: 'Ya Rasulallah, may His blessings be upon you, not only that you are distinct from us in the beauty of your physique and the colour of your skin but you also have the distinction of being a prophet and messenger of Allah. Now, if I were to believe in what you believe and do what you do, can I too have the honour of being with you in the Paradise?' The Holy Prophet ﷺ ~ said: 'Definitely yes (forget about your being black). I swear by the Power whose hands hold my life that all members of the black race will become fair and beautiful in Paradise radiating in their presence from a distance which might take a thousand years to cover. Then, Allah takes upon Himself the success and salvation of a person who says and believes in لا إلہ إلا اللہ ، (There is no god but Allah) and a person who recites سُبحانَ اللہ و بِحَمدِہ (Subhanallahi wa bihamdihi: 'Pure is Allah and praised is He' ) has one hundred and twenty four thousand virtues written. in his Book of Deeds.'</p><p>Hearing this, someone present there said: 'Ya Rasulallah, when Allah is generous in giving such enormous awards on such minor good deeds, how can we ever perish or be punished?' He said: ' (That is not the point), the truth is that some people will come up on the Day of Doom with so many virtues and good deeds, so many that, should all these be placed on a mountain, even the mountain would find their weight too heavy to hold. But, when they are compared to the blessings from Allah (bestowed on them in the worldly life), man's deeds and virtues remain no match to them - unless Allah Almighty Himself elects to be generous and merciful to him.</p><p>It was this question and answer with the Ethiopian brother which caused the revelation of the following verse of Surah Ad-Daher: هَلْ أَتَىٰ عَلَى الْإِنسَانِ حِينٌ مِّنَ الدَّهْرِ‌ لَمْ يَكُن شَيْئًا مَّذْكُورً‌ا ﴿1﴾ (that is, man has indeed been through a period of time being nothing-76:1). Surprised, the Ethiopian gentleman asked: 'Ya Rasulallah, will my eyes be seeing the same blessing which your blessed eyes will be witnessing?'</p><p>He ﷺ said: 'Definitely yes.' Hearing this, the newly converted Muslim from Ethiopia started weeping and so much so that he died in that very state - weeping his heart out. The Holy Prophet ﷺ performed his last rites, bathing and shrouding and offering salatul janazah and burial, all with his own blessed hands.</p><p>Ranks of Paradise: Some details</p><p>Now that we have gone through an explanation of the verse, including the background of its revelation and related clarifications, the only thing that remains to be determined is the nature of the four ranks of people blessed by Allah. We have to find out as to what is the basis on which these ranks have been established, how they are interconnected and how are they different from each other, and whether or not can these converge into one person.</p><p>Commentators have written in great details about this subject. Some say that all these four ranks can be found in one person. According to them, all these attributes are overlapping because the one identified as 'prophet' in the Holy Qur'an has also been called by the title of 'siddiq'. For example, it has been said about Sayyidna Ibrahim (علیہ السلام) (Surely, he was a man of truth, a prophet - 19:41); and about Sayyidna Yahya (علیہ السلام) (and a prophet from among the righteous - 3:39); and similarly, about Sayyidna 'Isa (علیہ السلام) (and he shall speak to the people in the cradle) 'as well as in middle age, and shall be one of the righteous' - 3:46.</p><p>The outcome is that, though these four attributes and ranks are distinct in terms of meaning and sense, yet it is possible to find all these combined in one person. Let us take an example to illustrate the proposition. Religious scholars, the ` ulama` are identified by their attributions, such as a Mufassir (commentator of the Holy Qur'an), a Muhaddith (scholar of hadith), a Faqih (Muslim jurist), a مُؤرِّخ Muwarrikh (historian). But, there could be some scholars who may combine in their person the excellence of all these fields. In our own time, when the trend is towards interdisciplinary education and training, it is not so difficult to conceive the convergence of the attributes of a doctor, an engineer and a pilot, all in one person.</p><p>However, in accordance with commonly recognized practice, a person gets to be identified with an attribute which comes to take a dominating position in his life-work because of which such a person is usually associated with that particular field. It is for this reason that commentators generally take. 'Siddiqin' to mean the most illustrious Companions of the Holy Prophet ﷺ and Shuhada' to mean the martyrs of the battle of Uhud and Salihin as signifying the general run of righteous Muslims.</p><p>Imam Raghib al-Isfahani (رح) has determined that all these four ranks are different. The same things find mention in Tafsir al-Bahr al-Muhit, Ruh al-Ma'ani and Mazhari. The sense of this approach is that Allah Almighty has, in this verse classified true Muslims in four categories or ranks and for each He has appointed stations of precedence, and common Muslims have been induced to see that they do not lag far behind in their efforts to achieve the rankings of any of these ideal ones. Waging the best of their intellectual and practical struggle, they must do the best they can to reach such stations of excellence. However, the station of prophethood is something which can never be acquired by effort and struggle, but there is something one still gets to have and that is the company of the prophets. Imam Raghib (رح) says that the highest among these ranks is that of the prophets, may peace be upon them. They enjoy the support of the Divine power. They 'are like someone who is seeing something from a close range. Therefore, Allah Almighty has said about such people: (Do you argue with him over what he sees? - 53:12).</p><p>The definition of the Siddiqin</p><p>The second rank is that of the Siddiqin. These are people close to the blessed prophets in the quality of spiritual excellence. They are like someone seeing something from a distance. Somebody asked Sayyidna ` Ali ؓ 'Have you seen Allah Almighty?' He said: 'I cannot worship something I have not seen.' Then, he further said: 'Though people have not seen Allah Almighty with their eyes, but their hearts have seen Him through the realities of faith.' By his act of 'seeing', Sayyidna ` Ali meant the kind of sighting he has referred to later, for such intellectual or intuitive perception is like seeing.</p><p>The definition of the Shuhada'</p><p>The third rank is that of the Shuhada'. These are people who recognize their ultimate objective through the chain of reasons and proofs. They have no access to direct vision, that is, mushahada is what they miss. They are like someone seeing something in a mirror from a close range - very similar to what Sayyidna Harithah ؓ said: 'I feel I am seeing the Throne of my most sublime Lord.'</p><p>The expression اَن تَعبُدَ اللہ کَاَنَّکَ تَرَاہُ ( (That you worship Allah as if you are seeing Him) in the famous hadith may also be interpreted to mean this very kind of 'seeing'.</p><p>The definition of the Sa1ihin</p><p>The third rank is that of the Salihin. These are people who recognize their ultimate objective through following the precepts of Shari'ah. It is like someone sees something in a mirror from a distance. In the other part of the famous hadith quoted above: فَاِن لَّم تَکُن تراہُ فَاِنَّہ یَرَاکَ (And if you cannot see Him, then, He sees you anyway) the reference may be to this very level of 'seeing'. In short, this investigative approach taken by Imam Raghib al-Isfahani shows that all these ranks are ranks that reflect the quantum of knowledge one has of His Lord, and that the different gradations that are there are based on the respective rankings of this knowledge. As for the subject of the verse, it is clear enough. Here, all Muslims have been given the glad tidings that those who are totally obedient to Allah and His Messenger shall be with those who hold higher ranks in Paradise. May Allah Almighty bless us all with this love, آمِین Amin.</p>
1.Siddiq, lexically means 'very truthful'. In the Islamic terminology, it normally refers to those Companions of a prophet who excel all others in their submission to Allah and His Messenger. They enjoy the highest status of piety after the Prophets, like Sayyidna Abu Bakr ؓ2. Shuhada (plural of Shahid) means the persons who sacrificed their lives in the way of Allah. The word has not been translated here by the word 'martyr` which sometimes is taken as an equivalent of Shahid, because the word 'martyr' is also applied for the persons killed in ethnic or racial wars while they may not be termed as 'Shuhada' in the Islamic terminology.In the verses appearing immediately earlier, the promise of a great reward was made to special addressees. at appears in the present verses is a universal promise. that those who obey Allah and His Messenger shall be rewarded as a standing rule.Commentary:Deeds wi11 be the criterion in ranks of ParadiseThose who do everything Allah and His Messenger have asked them to do and stay away from everything Allah and His Messenger have prohibited, shall receive different ranks in terms of their deeds. The foremost among them will be blessed with the highest stations of Paradise along with the noble prophets, may peace be upon- them all. Next to them will come those who will be blessed with the rank of those who are only next to prophets. They are known as the Siddiqin, that is, the great Companions of the Holy Prophet ﷺ who came forward to believe in the very initial stage without any hesitation or hostility, like Sayyidna Abu Bakr ؓ . Then, there will be a third rank of people who will be with the noble Shuhada. The Shuhada' are people who sacrificed their lives and wealth in the way of Allah. Then, those in the fourth rank will be with the revered Righteous. The Salihin or the Righteous are people who restrict themselves, outwardly and inwardly, to doing only what is good and right.In short, all those who are totally obedient to Allah and His Messenger shall be in the company of those who are the most exalted and the most favoured in the sight of Allah Almighty and who have been identified here under four ranks: Prophets, Siddiqin, Shuhada' and Salihin (righteous).The Background of RevelationThis verse was revealed in the background of a special event which has been reported by the great commentator, Ibn Kathir as based on several sound authorities.It so happened, narrates Sayyidah ` A'ishah ؓ ، that a Companion came to the Holy Prophet ﷺ one day and said to him: 'Ya Rasulallah, I hold you dear, dearer than my own life, even more than my wife and more than my children. There are times when I do not seem to be at peace with myself even in my house until I come to you and have the pleasure of looking at you. That finally gives me the peace I missed. Now, I am worried about the time when you will leave this mortal world and I too will be taken away by death. In that case, what I know for sure is that you will be in Paradise with the blessed prophets housed in its most exalted stations. As for myself, first of all, I just do not know whether or not I shall be able to reach Paradise. Even if I do reach there, the level where I shall be will be way below from where you are. If I am unable to visit you and have the pleasure of seeing you there, how am I going to put this impatient heart of mine at rest?'The Holy Prophet ﷺ quietly heard what he said, but made no response, until came the revelation of this particular verse (69)وَمَن يُطِعِ اللَّـهَ وَالرَّ‌سُولَ فَأُولَـٰئِكَ مَعَ الَّذِينَ أَنْعَمَ اللَّـهُ عَلَيْهِم مِّنَ النَّبِيِّينَ وَالصِّدِّيقِينَ وَالشُّهَدَاءِ وَالصَّالِحِينَ ﴿69﴾It was only then that the Holy Prophet ﷺ gave him the glad tidings that the obedient ones shall have occasions to meet with the prophets, the Siddiqin, the Shuhada' and the righteous. In other words, despite the relative precedence of ranks in Paradise, there will be occasions of meeting and sitting together.Some forms of 'meeting' in ParadiseOne such form will be that people will see each other from where they are, as it has been reported in Mu'atta of Imam Malik (رح) on the authority of a narration from Sayyidna Abu Said al-Khudri ؓ that the Holy Prophet ﷺ said: 'The inmates of Paradise will see those in the strata above them like you see stars in the physical world.'Also there will be yet another form when visits will be made to the strata where they are, as Ibn Jarir has reported on the authority of a narration from Sayyidna Rabi' that the Holy Prophet ﷺ ، while explaining this verse, said: 'Those of the strata above will come down to those of the strata below to meet and sit with them.'It also possible that those of the strata below have the permission to visit and meet those of the higher strata, as the Holy Prophet 4 has, on the basis of this verse, given many people the glad tidings of being with him in the Paradise.It appears in Sahih Muslim 'that Sayyidna Ka` b ibn Aslami ,.L .1JI used to spend nights in the company of the Holy Prophet ﷺ At the time of Tahajjud on one of such nights, Sayyidna Ka'b Aslami ؓ brought water for wudu, the miswak and other things he might need at that time. The Holy Prophet ﷺ ، quite pleased with him, said: 'Is there anything I can do for you? Go ahead, ask.' Sayyidna Ka'b Aslami ؓ said: 'I wish to have your company in Paradise.' He said: 'Anything else?' Sayyidna Ka` b ؓ said: 'Nothing else.' Thereupon, the Holy Prophet ﷺ said: 'If you want to be with me in Paradise, then " أعنی علی نفسک بکثرۃ اسجود " (literally - 'help me by taking upon yourself the doing of plenty of prostrations' ). The elegant prophetic expression means that 'your wish shall be granted, but you can also help me in this by offering plenty of prostrations (sujud, sajdah) that is, plenty of voluntary prayers (nawafl).According to the Musnad of Ahmad, a man came to the Holy Prophet ﷺ . and said: 'Ya Rasulallah, I have testified that there is none worthy of worship other than Allah, and that you are the true Messenger of Allah, and I dutifully perform the five prescribed prayers every day, pay the Zakah due on me and fast during the month of Ramadan.' Hearing this, the Holy Prophet ﷺ said: 'Anyone who dies in this state will be with the prophets, the Siddiqin and the Shuhada - only if he does not disobey his parents.'Similarly, there is another hadith from Tirmidhi in which the Holy Prophet ﷺ reported to have said: اَلتاجر الصدوق الامین مع النبیِّن وَالصِّدِّیقین وَالشُھَدَآءِ , (The businessman who is truthful and trusty will be with the prophets and the Siddiqin and the Shuhada' ).Love is the sine qua non of NearnessThe blessed company of the Holy Prophet ﷺ can be acquired by loving him. This is conclusively proved by what has been reported in Sahih al-Bukhari on the authority of many uninterrupted chains of narrations from a large body of the noble Companions ؓ of the Holy Prophet ﷺ that he, on being asked as to what will be the status of a person who does belong to a group emotionally but fails to achieve the standards of deeds set by it, said: اَلمَرَء مَعَ مَن اَحَبَّ that is, (on the Day of Resurrection) everyone will be with the ones whom he loves.Sayyidna Anas ؓ days that the Noble Companions ؓ were never so pleased with anything else in this mortal world as they were when they heard this hadith, because it gave them the most wonderful news, a delightful prophecy indeed, that those who love the Holy Prophet ﷺ will be with their noble master on the plains of Resurrection and in the gardens of Paradise.The company of the Holy Prophet is not restricted to any colour or raceIn al-Mu'jim al-Kabir al-Tabarani has reported from Sayyidna ` Abdullah ibn ` Umar ؓ that an Ethiopian came to the Holy Prophet ﷺ and said: 'Ya Rasulallah, may His blessings be upon you, not only that you are distinct from us in the beauty of your physique and the colour of your skin but you also have the distinction of being a prophet and messenger of Allah. Now, if I were to believe in what you believe and do what you do, can I too have the honour of being with you in the Paradise?' The Holy Prophet ﷺ ~ said: 'Definitely yes (forget about your being black). I swear by the Power whose hands hold my life that all members of the black race will become fair and beautiful in Paradise radiating in their presence from a distance which might take a thousand years to cover. Then, Allah takes upon Himself the success and salvation of a person who says and believes in لا إلہ إلا اللہ ، (There is no god but Allah) and a person who recites سُبحانَ اللہ و بِحَمدِہ (Subhanallahi wa bihamdihi: 'Pure is Allah and praised is He' ) has one hundred and twenty four thousand virtues written. in his Book of Deeds.'Hearing this, someone present there said: 'Ya Rasulallah, when Allah is generous in giving such enormous awards on such minor good deeds, how can we ever perish or be punished?' He said: ' (That is not the point), the truth is that some people will come up on the Day of Doom with so many virtues and good deeds, so many that, should all these be placed on a mountain, even the mountain would find their weight too heavy to hold. But, when they are compared to the blessings from Allah (bestowed on them in the worldly life), man's deeds and virtues remain no match to them - unless Allah Almighty Himself elects to be generous and merciful to him.It was this question and answer with the Ethiopian brother which caused the revelation of the following verse of Surah Ad-Daher: هَلْ أَتَىٰ عَلَى الْإِنسَانِ حِينٌ مِّنَ الدَّهْرِ‌ لَمْ يَكُن شَيْئًا مَّذْكُورً‌ا ﴿1﴾ (that is, man has indeed been through a period of time being nothing-76:1). Surprised, the Ethiopian gentleman asked: 'Ya Rasulallah, will my eyes be seeing the same blessing which your blessed eyes will be witnessing?'He ﷺ said: 'Definitely yes.' Hearing this, the newly converted Muslim from Ethiopia started weeping and so much so that he died in that very state - weeping his heart out. The Holy Prophet ﷺ performed his last rites, bathing and shrouding and offering salatul janazah and burial, all with his own blessed hands.Ranks of Paradise: Some detailsNow that we have gone through an explanation of the verse, including the background of its revelation and related clarifications, the only thing that remains to be determined is the nature of the four ranks of people blessed by Allah. We have to find out as to what is the basis on which these ranks have been established, how they are interconnected and how are they different from each other, and whether or not can these converge into one person.Commentators have written in great details about this subject. Some say that all these four ranks can be found in one person. According to them, all these attributes are overlapping because the one identified as 'prophet' in the Holy Qur'an has also been called by the title of 'siddiq'. For example, it has been said about Sayyidna Ibrahim (علیہ السلام) (Surely, he was a man of truth, a prophet - 19:41); and about Sayyidna Yahya (علیہ السلام) (and a prophet from among the righteous - 3:39); and similarly, about Sayyidna 'Isa (علیہ السلام) (and he shall speak to the people in the cradle) 'as well as in middle age, and shall be one of the righteous' - 3:46.The outcome is that, though these four attributes and ranks are distinct in terms of meaning and sense, yet it is possible to find all these combined in one person. Let us take an example to illustrate the proposition. Religious scholars, the ` ulama` are identified by their attributions, such as a Mufassir (commentator of the Holy Qur'an), a Muhaddith (scholar of hadith), a Faqih (Muslim jurist), a مُؤرِّخ Muwarrikh (historian). But, there could be some scholars who may combine in their person the excellence of all these fields. In our own time, when the trend is towards interdisciplinary education and training, it is not so difficult to conceive the convergence of the attributes of a doctor, an engineer and a pilot, all in one person.However, in accordance with commonly recognized practice, a person gets to be identified with an attribute which comes to take a dominating position in his life-work because of which such a person is usually associated with that particular field. It is for this reason that commentators generally take. 'Siddiqin' to mean the most illustrious Companions of the Holy Prophet ﷺ and Shuhada' to mean the martyrs of the battle of Uhud and Salihin as signifying the general run of righteous Muslims.Imam Raghib al-Isfahani (رح) has determined that all these four ranks are different. The same things find mention in Tafsir al-Bahr al-Muhit, Ruh al-Ma'ani and Mazhari. The sense of this approach is that Allah Almighty has, in this verse classified true Muslims in four categories or ranks and for each He has appointed stations of precedence, and common Muslims have been induced to see that they do not lag far behind in their efforts to achieve the rankings of any of these ideal ones. Waging the best of their intellectual and practical struggle, they must do the best they can to reach such stations of excellence. However, the station of prophethood is something which can never be acquired by effort and struggle, but there is something one still gets to have and that is the company of the prophets. Imam Raghib (رح) says that the highest among these ranks is that of the prophets, may peace be upon them. They enjoy the support of the Divine power. They 'are like someone who is seeing something from a close range. Therefore, Allah Almighty has said about such people: (Do you argue with him over what he sees? - 53:12).The definition of the SiddiqinThe second rank is that of the Siddiqin. These are people close to the blessed prophets in the quality of spiritual excellence. They are like someone seeing something from a distance. Somebody asked Sayyidna ` Ali ؓ 'Have you seen Allah Almighty?' He said: 'I cannot worship something I have not seen.' Then, he further said: 'Though people have not seen Allah Almighty with their eyes, but their hearts have seen Him through the realities of faith.' By his act of 'seeing', Sayyidna ` Ali meant the kind of sighting he has referred to later, for such intellectual or intuitive perception is like seeing.The definition of the Shuhada'The third rank is that of the Shuhada'. These are people who recognize their ultimate objective through the chain of reasons and proofs. They have no access to direct vision, that is, mushahada is what they miss. They are like someone seeing something in a mirror from a close range - very similar to what Sayyidna Harithah ؓ said: 'I feel I am seeing the Throne of my most sublime Lord.'The expression اَن تَعبُدَ اللہ کَاَنَّکَ تَرَاہُ ( (That you worship Allah as if you are seeing Him) in the famous hadith may also be interpreted to mean this very kind of 'seeing'.The definition of the Sa1ihinThe third rank is that of the Salihin. These are people who recognize their ultimate objective through following the precepts of Shari'ah. It is like someone sees something in a mirror from a distance. In the other part of the famous hadith quoted above: فَاِن لَّم تَکُن تراہُ فَاِنَّہ یَرَاکَ (And if you cannot see Him, then, He sees you anyway) the reference may be to this very level of 'seeing'. In short, this investigative approach taken by Imam Raghib al-Isfahani shows that all these ranks are ranks that reflect the quantum of knowledge one has of His Lord, and that the different gradations that are there are based on the respective rankings of this knowledge. As for the subject of the verse, it is clear enough. Here, all Muslims have been given the glad tidings that those who are totally obedient to Allah and His Messenger shall be with those who hold higher ranks in Paradise. May Allah Almighty bless us all with this love, آمِین Amin.
69
4
ذَٰلِكَ ٱلْفَضْلُ مِنَ ٱللَّهِ وَكَفَىٰ بِٱللَّهِ عَلِيمًا
70
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ خُذُوا۟ حِذْرَكُمْ فَٱنفِرُوا۟ ثُبَاتٍ أَوِ ٱنفِرُوا۟ جَمِيعًا
<p>Before this, there was the command to obey Allah and His Messenger. Now, in the present verses, Jihad has been prescribed for the obedient and faithful so that they can vitalize their Faith and raise the word of Allah high and supreme. (Qurtubi)</p><p>Commentary</p><p>Important Notes</p><p>In the first part of the verse: يَا أَيُّهَا الَّذِينَ آمَنُوا خُذُوا حِذْرَ‌كُمْ اَلخ (0 those who believe, take your precautions ...), appears the command to ensure the supply of weapons, while the later part refers to the launching of Jihad action. This tells us two things right away. Firstly, as already clarified at several places, the act of getting together functional means to achieve a good purpose is not contrary to tawakkul or trust in God. Secondly, we see that the text limits. itself to the command to ensure the supply of weapons, but it does not promise that, because of this support, Muslims will have any guaranteed security against their enemies. By doing so, it has been indicated that the choice of using means is for nothing but a certain peace of mind, otherwise, the use of means as such does not carry any operational gain or loss. The Qur'an has said: قُل لَّن يُصِيبَنَا إِلَّا مَا كَتَبَ اللَّـهُ لَنَا (0 Prophet) say: "Nothing will befall us except what Allah has prescribed for us." (9:51)</p><p>2. Let us look at the first verse again. It opens up with the command to get ready for Jihad followed by a- description of the marching plan; the later has been expressed in two sentences, that is, فَانفِرُ‌وا ثُبَاتٍ أَوِ انفِرُ‌وا جَمِيعًا (...and march in groups, or march off all together.) Here, the word, 'thubatin' is the plural form of 'thubatun' which means a small group and is used to denote a military company and was called a Sariyyah in the military campaigns of the Holy Prophet ﷺ . In that sense, it is being said here that Muslims, when they go out for Jihad, should not start off all alone. They should, rather, set out in the formation of small groups. The other alternative is to march as a large army: jami’ an' because, in fighting, going 'alone is very likely to hurt --- the enemy is not going to let this opportunity slip out of their hands.</p><p>No doubt, this instruction has been given to Muslims for the particular occasion of Jihad, but, even in normal circumstances, this is what the Shari’ ah teaches - do not travel alone. In a hadith, therefore, a lone traveler is called one satan and two of them two satans and three of them become a group or party. Similarly, there is another hadith which says:</p><p>خَیر الصحابہ اربعۃ، و خیرالسرایا أبعہ مایٔہ، وخیر اجیوش اربعۃ آلاف .</p><p>The best companions are four and the best military company is that of four hundred and the best army is that of four thousand.' (From Mishkat as reported by Al-Tabarani)</p>
Before this, there was the command to obey Allah and His Messenger. Now, in the present verses, Jihad has been prescribed for the obedient and faithful so that they can vitalize their Faith and raise the word of Allah high and supreme. (Qurtubi)CommentaryImportant NotesIn the first part of the verse: يَا أَيُّهَا الَّذِينَ آمَنُوا خُذُوا حِذْرَ‌كُمْ اَلخ (0 those who believe, take your precautions ...), appears the command to ensure the supply of weapons, while the later part refers to the launching of Jihad action. This tells us two things right away. Firstly, as already clarified at several places, the act of getting together functional means to achieve a good purpose is not contrary to tawakkul or trust in God. Secondly, we see that the text limits. itself to the command to ensure the supply of weapons, but it does not promise that, because of this support, Muslims will have any guaranteed security against their enemies. By doing so, it has been indicated that the choice of using means is for nothing but a certain peace of mind, otherwise, the use of means as such does not carry any operational gain or loss. The Qur'an has said: قُل لَّن يُصِيبَنَا إِلَّا مَا كَتَبَ اللَّـهُ لَنَا (0 Prophet) say: "Nothing will befall us except what Allah has prescribed for us." (9:51)2. Let us look at the first verse again. It opens up with the command to get ready for Jihad followed by a- description of the marching plan; the later has been expressed in two sentences, that is, فَانفِرُ‌وا ثُبَاتٍ أَوِ انفِرُ‌وا جَمِيعًا (...and march in groups, or march off all together.) Here, the word, 'thubatin' is the plural form of 'thubatun' which means a small group and is used to denote a military company and was called a Sariyyah in the military campaigns of the Holy Prophet ﷺ . In that sense, it is being said here that Muslims, when they go out for Jihad, should not start off all alone. They should, rather, set out in the formation of small groups. The other alternative is to march as a large army: jami’ an' because, in fighting, going 'alone is very likely to hurt --- the enemy is not going to let this opportunity slip out of their hands.No doubt, this instruction has been given to Muslims for the particular occasion of Jihad, but, even in normal circumstances, this is what the Shari’ ah teaches - do not travel alone. In a hadith, therefore, a lone traveler is called one satan and two of them two satans and three of them become a group or party. Similarly, there is another hadith which says:خَیر الصحابہ اربعۃ، و خیرالسرایا أبعہ مایٔہ، وخیر اجیوش اربعۃ آلاف .The best companions are four and the best military company is that of four hundred and the best army is that of four thousand.' (From Mishkat as reported by Al-Tabarani)
71
4
وَإِنَّ مِنكُمْ لَمَن لَّيُبَطِّئَنَّ فَإِنْ أَصَٰبَتْكُم مُّصِيبَةٌ قَالَ قَدْ أَنْعَمَ ٱللَّهُ عَلَىَّ إِذْ لَمْ أَكُن مَّعَهُمْ شَهِيدًا
<p>2. Seen outwardly, the words of the verse 72 (... وَإِنَّ مِنكُمْ ) seem to suggest that this too is addressed to the believers, although the characteristics described later on cannot be taken to be those of the believers. Therefore, al-Qurtubi says that they signify hypocrites. Since, they were the ones who used to claim being Muslims, at least outwardly. This is why they have been identified as a group from among the believers.</p>
2. Seen outwardly, the words of the verse 72 (... وَإِنَّ مِنكُمْ ) seem to suggest that this too is addressed to the believers, although the characteristics described later on cannot be taken to be those of the believers. Therefore, al-Qurtubi says that they signify hypocrites. Since, they were the ones who used to claim being Muslims, at least outwardly. This is why they have been identified as a group from among the believers.
72
4
وَلَئِنْ أَصَٰبَكُمْ فَضْلٌ مِّنَ ٱللَّهِ لَيَقُولَنَّ كَأَن لَّمْ تَكُنۢ بَيْنَكُمْ وَبَيْنَهُۥ مَوَدَّةٌ يَٰلَيْتَنِى كُنتُ مَعَهُمْ فَأَفُوزَ فَوْزًا عَظِيمًا
73
4
فَلْيُقَٰتِلْ فِى سَبِيلِ ٱللَّهِ ٱلَّذِينَ يَشْرُونَ ٱلْحَيَوٰةَ ٱلدُّنْيَا بِٱلْءَاخِرَةِ وَمَن يُقَٰتِلْ فِى سَبِيلِ ٱللَّهِ فَيُقْتَلْ أَوْ يَغْلِبْ فَسَوْفَ نُؤْتِيهِ أَجْرًا عَظِيمًا
74
4
وَمَا لَكُمْ لَا تُقَٰتِلُونَ فِى سَبِيلِ ٱللَّهِ وَٱلْمُسْتَضْعَفِينَ مِنَ ٱلرِّجَالِ وَٱلنِّسَآءِ وَٱلْوِلْدَٰنِ ٱلَّذِينَ يَقُولُونَ رَبَّنَآ أَخْرِجْنَا مِنْ هَٰذِهِ ٱلْقَرْيَةِ ٱلظَّالِمِ أَهْلُهَا وَٱجْعَل لَّنَا مِن لَّدُنكَ وَلِيًّا وَٱجْعَل لَّنَا مِن لَّدُنكَ نَصِيرًا
<p>Commentary</p><p>Answering the call of the oppressed</p><p>Left behind in Makkah were Muslims who were unable to migrate because of physical weakness and insufficiency of resources. Later on, the disbelievers themselves stopped them from going and started hurting and harassing them in all sorts of ways so that they turn away from their faith in Islam. The names of some of these are preserved in exegetic works, for example, Sayyidna Ibn ` Abbas ؓ and his mother, Sulyma ibn Hisham, Walid ibn Walid and Abu Jandal ibn Sahl, may Allah be pleased with them all (Qurtubi). These blessed people kept facing tyranny and torture because of their unflinching faith showing no signs that they would ever surrender their firm stand on Islam. However, they did continue praying to Allah Almighty for deliverance from this hard life which was finally accepted by Him when He commanded Muslims to wage Jihad against the disbelievers and rescue the oppressed from their coercion and persecution.</p><p>According to this verse, Muslims had requested Allah Almighty the favour of two things - that they be rescued from that town (meaning Makkah) and that they be blessed with some supporter and helper. The fact is that Allah Almighty granted both these prayers when He provided some of them with the opportunity to move out from there which was the fulfillment of their first wish. However, some of them remained staying right there until the Conquest of Makkah. At that time, the Holy Prophet ﷺ appointed Sayyidna ` Attab ibn Asid as their caretaker and who had the oppressed Muslims delivered from their oppressors. Thus, granted was their second wish as well. It will be noted that the Holy Qur'an, rather than give a straightforward command to fight in this verse, has elected to use the words: وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللَّـهِ ): (What has happened to you that you do not fight in the way of Allah?). Here the hint given is that fighting and Jihad is a natural duty under such conditions,_ not doing which is certainly far from a reasonable man.</p>
CommentaryAnswering the call of the oppressedLeft behind in Makkah were Muslims who were unable to migrate because of physical weakness and insufficiency of resources. Later on, the disbelievers themselves stopped them from going and started hurting and harassing them in all sorts of ways so that they turn away from their faith in Islam. The names of some of these are preserved in exegetic works, for example, Sayyidna Ibn ` Abbas ؓ and his mother, Sulyma ibn Hisham, Walid ibn Walid and Abu Jandal ibn Sahl, may Allah be pleased with them all (Qurtubi). These blessed people kept facing tyranny and torture because of their unflinching faith showing no signs that they would ever surrender their firm stand on Islam. However, they did continue praying to Allah Almighty for deliverance from this hard life which was finally accepted by Him when He commanded Muslims to wage Jihad against the disbelievers and rescue the oppressed from their coercion and persecution.According to this verse, Muslims had requested Allah Almighty the favour of two things - that they be rescued from that town (meaning Makkah) and that they be blessed with some supporter and helper. The fact is that Allah Almighty granted both these prayers when He provided some of them with the opportunity to move out from there which was the fulfillment of their first wish. However, some of them remained staying right there until the Conquest of Makkah. At that time, the Holy Prophet ﷺ appointed Sayyidna ` Attab ibn Asid as their caretaker and who had the oppressed Muslims delivered from their oppressors. Thus, granted was their second wish as well. It will be noted that the Holy Qur'an, rather than give a straightforward command to fight in this verse, has elected to use the words: وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللَّـهِ ): (What has happened to you that you do not fight in the way of Allah?). Here the hint given is that fighting and Jihad is a natural duty under such conditions,_ not doing which is certainly far from a reasonable man.
75
4
ٱلَّذِينَ ءَامَنُوا۟ يُقَٰتِلُونَ فِى سَبِيلِ ٱللَّهِ وَٱلَّذِينَ كَفَرُوا۟ يُقَٰتِلُونَ فِى سَبِيلِ ٱلطَّٰغُوتِ فَقَٰتِلُوٓا۟ أَوْلِيَآءَ ٱلشَّيْطَٰنِ إِنَّ كَيْدَ ٱلشَّيْطَٰنِ كَانَ ضَعِيفًا
<p>Praying to Allah is the panacea for all hardships</p><p>The words of prayer in verse 75: يَقُولُونَ رَ‌بَّنَا أَخْرِ‌جْنَا tell us that one of the reasons why the command to fight came was the prayer made by these weak Muslim men and women. Allah Almighty responded to their prayer and commanded Muslims to wage Jihad against their oppressors and which put an end to their hardships immediately.</p><p>The objectives of war</p><p>Verse 76 says that الَّذِينَ آمَنُوا يُقَاتِلُونَ فِي سَبِيلِ اللَّـهِ :those who believe fight in the way of Allah and those who disbelieve fight in the way of Taghut.' This clearly shows that the purpose for which a believer strives is to see that the Divine Law becomes operative in this world and that the authority of Allah Almighty reigns supreme, because He is the master of all. He has created the universe in His infinite wisdom, and His Law is based on pure justice, and when the rule of justice is established, there will be peace which sustains. In order that there be peace in the world, it is necessary that it is run under a law which is the Law of the Lord. So, when a true and perfect Muslim fights in a war, this is the purpose before him.</p><p>But, in sharp contrast to him, disbelievers seek to spread the message of kufr, give it the widest possible currency, and work to bring about the ascendency of disbelief. They are all too eager to see that satanic powers rule the world so that everything that constitutes kufr and shirk can be enforced in the universal order giving it the sheen and glamour of something seemingly positive. Since kufr and shirk are the ways of the Satan, therefore, the disbelievers help the Satan in doing his job.</p><p>The guile of Satan is feeble</p><p>The last sentence of verse 76: إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا assures that the deceptive plans made by Satan are weak and insubstantial because of which he cannot harm or hurt true Muslims in any way whatsoever. So, Muslims should really not demur when it comes to fighting against the friends of Satan, that is, against the disbelievers. This is because their helper is none other but Allah Himself and, with Allah on their side, the game plan of the Satan is not going to work for them.</p><p>And this is what happened at the battle of Badr. There was the Satan by the side of the disbelievers, dishing out his tall claims before them, telling them; لَا غَالِبَ لَكُمُ الْيَوْمَ 'this day, nobody is going to over-power you' - because: إِنِّي جَارٌ‌ لَّكُمْ I am your helper by your side. I shall be there with my armies to support you.) When the actual fighting began, he did advance with his army, but no sooner did he notice that angels have arrived to help Muslims, all plans he had made were frustrated and he took to his heels, saying to his disbelieving accomplices: إِنِّي بَرِ‌يءٌ مِّنكُمْ إِنِّي أَرَ‌ىٰ مَا لَا تَرَ‌وْنَ إِنِّي أَخَافُ اللَّـهَ ۚ وَاللَّـهُ شَدِيدُ الْعِقَابِ I bear no responsibility for you. I see what you do not see. I fear Allah for Allah is severe when punishing.) (Mazhari)</p><p>That the guile of Satan has been called 'feeble' in this verse (76) is not an isolated statement. There emerge two conditions right from this verse which provide us with an exception. The first one is that the person against whom the Satan is trying his guile must be a Muslim. Then, the second one is that the effort being made by that Muslim must be for the pleasure of Allah alone. In other words, he may not have any selfish motive behind his effort. The first condition emerges from the words: الَّذِينَ آمَنُوا (those who believe) and the second from: فِي سَبِيلِ اللَّـهِ (fight in the way of Allah). If either of the two conditions stop existing, then, it is not necessary that the guile of the Satan remains 'feeble' against him.</p><p>Sayyidna Ibn Abbas ؓ has said: When you see Satan, do not think twice. Attack him.' After that, he recited this very verse: إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا (No doubt, the guile of Satan is feeble.) (al-Qurtub)</p>
Praying to Allah is the panacea for all hardshipsThe words of prayer in verse 75: يَقُولُونَ رَ‌بَّنَا أَخْرِ‌جْنَا tell us that one of the reasons why the command to fight came was the prayer made by these weak Muslim men and women. Allah Almighty responded to their prayer and commanded Muslims to wage Jihad against their oppressors and which put an end to their hardships immediately.The objectives of warVerse 76 says that الَّذِينَ آمَنُوا يُقَاتِلُونَ فِي سَبِيلِ اللَّـهِ :those who believe fight in the way of Allah and those who disbelieve fight in the way of Taghut.' This clearly shows that the purpose for which a believer strives is to see that the Divine Law becomes operative in this world and that the authority of Allah Almighty reigns supreme, because He is the master of all. He has created the universe in His infinite wisdom, and His Law is based on pure justice, and when the rule of justice is established, there will be peace which sustains. In order that there be peace in the world, it is necessary that it is run under a law which is the Law of the Lord. So, when a true and perfect Muslim fights in a war, this is the purpose before him.But, in sharp contrast to him, disbelievers seek to spread the message of kufr, give it the widest possible currency, and work to bring about the ascendency of disbelief. They are all too eager to see that satanic powers rule the world so that everything that constitutes kufr and shirk can be enforced in the universal order giving it the sheen and glamour of something seemingly positive. Since kufr and shirk are the ways of the Satan, therefore, the disbelievers help the Satan in doing his job.The guile of Satan is feebleThe last sentence of verse 76: إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا assures that the deceptive plans made by Satan are weak and insubstantial because of which he cannot harm or hurt true Muslims in any way whatsoever. So, Muslims should really not demur when it comes to fighting against the friends of Satan, that is, against the disbelievers. This is because their helper is none other but Allah Himself and, with Allah on their side, the game plan of the Satan is not going to work for them.And this is what happened at the battle of Badr. There was the Satan by the side of the disbelievers, dishing out his tall claims before them, telling them; لَا غَالِبَ لَكُمُ الْيَوْمَ 'this day, nobody is going to over-power you' - because: إِنِّي جَارٌ‌ لَّكُمْ I am your helper by your side. I shall be there with my armies to support you.) When the actual fighting began, he did advance with his army, but no sooner did he notice that angels have arrived to help Muslims, all plans he had made were frustrated and he took to his heels, saying to his disbelieving accomplices: إِنِّي بَرِ‌يءٌ مِّنكُمْ إِنِّي أَرَ‌ىٰ مَا لَا تَرَ‌وْنَ إِنِّي أَخَافُ اللَّـهَ ۚ وَاللَّـهُ شَدِيدُ الْعِقَابِ I bear no responsibility for you. I see what you do not see. I fear Allah for Allah is severe when punishing.) (Mazhari)That the guile of Satan has been called 'feeble' in this verse (76) is not an isolated statement. There emerge two conditions right from this verse which provide us with an exception. The first one is that the person against whom the Satan is trying his guile must be a Muslim. Then, the second one is that the effort being made by that Muslim must be for the pleasure of Allah alone. In other words, he may not have any selfish motive behind his effort. The first condition emerges from the words: الَّذِينَ آمَنُوا (those who believe) and the second from: فِي سَبِيلِ اللَّـهِ (fight in the way of Allah). If either of the two conditions stop existing, then, it is not necessary that the guile of the Satan remains 'feeble' against him.Sayyidna Ibn Abbas ؓ has said: When you see Satan, do not think twice. Attack him.' After that, he recited this very verse: إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا (No doubt, the guile of Satan is feeble.) (al-Qurtub)
76
4
أَلَمْ تَرَ إِلَى ٱلَّذِينَ قِيلَ لَهُمْ كُفُّوٓا۟ أَيْدِيَكُمْ وَأَقِيمُوا۟ ٱلصَّلَوٰةَ وَءَاتُوا۟ ٱلزَّكَوٰةَ فَلَمَّا كُتِبَ عَلَيْهِمُ ٱلْقِتَالُ إِذَا فَرِيقٌ مِّنْهُمْ يَخْشَوْنَ ٱلنَّاسَ كَخَشْيَةِ ٱللَّهِ أَوْ أَشَدَّ خَشْيَةً وَقَالُوا۟ رَبَّنَا لِمَ كَتَبْتَ عَلَيْنَا ٱلْقِتَالَ لَوْلَآ أَخَّرْتَنَآ إِلَىٰٓ أَجَلٍ قَرِيبٍ قُلْ مَتَٰعُ ٱلدُّنْيَا قَلِيلٌ وَٱلْءَاخِرَةُ خَيْرٌ لِّمَنِ ٱتَّقَىٰ وَلَا تُظْلَمُونَ فَتِيلًا
<p>Commentary</p><p>The Background of Revelation</p><p>Verse 77 beginning with the words: أَلَمْ تَرَ‌ إِلَى الَّذِينَ قِيلَ لَهُمْ كُفُّوا أَيْدِيَكُمْ (Have you not seen those to whom it was said, "Hold your hands { from fighting)...) was revealed in a particular background. Before their migration from Makkah, Muslims were regularly persecuted by disbelievers. Harassed Muslims used to visit the Holy Prophet ﷺ complaining to him about the high-handed treatment meted out to them and asking for his permission to fight back in self-defence and put an end to the Kafir reign of terror. He advised patience holding them back from direct confrontation on the plea that he has not been commanded to fight, in fact, he told them, he has been commanded to stay patient, forgo and forgive. He also told them to continue observing the instructions of salah and zakah, already given to them, consistently and devotedly. He impressed upon them the virtues of the present pattern of their behaviour, even though the odds were against them, for the simple reason that, unless man is conditioned to fight against his own evil desires in obedience to the command of Allah and is also used to bearing physical pain and financial sacrifice, he finds joining Jihad and sacrificing his life very difficult a proposition. This was an advice Muslims had accepted. But when they migrated from Makkah to Madinah, and Jihad was enjoined upon them, they should have been pleased with it, as it was something that had answered their own prayers. But, there were some infirm Muslims around who started fearing the prospects of a fight against the disbelievers as one would fear the punishment of Allah, rather more than this. Caught in that peevish state of mind, they started pining for a little more respite, a possible postponement of the command to fight to some later day which may have given them more time to live and to enjoy. Thereupon, these verses were revealed. (Ruh al-Ma` ani)</p><p>Why did the Muslims wish for the postponement of Jihad</p><p>The wish for respite expressed by Muslims following the command to fight was not an objection to the command of Jihad. It was, rather, a benign and subtle complaint. The reason may lie in the usual pattern of human psyche in such situations. When hurt and harassed to the extreme, one is very likely to flare up and go for a revenge. But, once man is used to a life of physical comfort and peace, he does not feel like going out to fight. This is no more than a simple human reaction. So, these Muslims, while they were in Makkah, all fed up with pains inflicted on them by the disbelievers at that time, were naturally looking forward most eagerly for the command of Jihad to come. But, when they reached Madinah, they found peace and comfort which they had missed for long. Now the command to fight, when it came in that state of theirs, found them no more moved by their old fire, therefore, they simply wished that it would have been better if the call for Jihad was just not there at that point of time. Now, to take this 'wish' as an 'objection' and to attribute an act of sin to those Muslims is not correct. However, this explanation is limited to the assumption that they had pronounced this complaint verbally. But, if they said nothing verbally, and it was simply a thought which crossed their mind, then, thoughts in the mind and doubts in the heart are happenings which the Shari’ ah of Islam simply does not count as sins. Here, both probabilities exist. Then, the word, قَالُوا "Qalu" (They say) in the verse should not lead one to presume that they had said this verbally, for it may be taken to mean that they may have said it within their hearts. (Abridged from Bayan al-Qur'an by Maulana Thanavi). According to some commentators, in which case, no explanation is, called for. (Tafsir Kabir).</p><p>Self-correction should precede collective reform</p><p>In وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ (verse 77), Allah Almighty has first mentioned the command to establish the prescribed prayers and pay the fixed zakah which are the medium of self-correction. The command of Jihad comes after that, which is the medium of political and collective correction, that is, through it the forces of coercion and injustice are eliminated as a result of which peace prevails in the country. From here we learn that, well before worrying about correcting others, one should start correcting himself. So, seen from the angle of a relative degree of importance, the first command is an absolute individual obligation (fard al-'ayn) while the second is an obligation which, if performed by some, will absolve others (fard al-kifayah). This highlights the importance of self-correction and makes its precedence obvious enough (Mazhari).</p><p>The difference between the blessings of the present world and those of the Hereafter</p><p>In this verse, the blessings of the Hereafter have been declared to be more bountiful and certainly better as compared with the blessings of the present world of our experience. Some reasons why this is so are given below:</p><p>1. The blessings of the present world are few, while the blessings of the Hereafter are many.</p><p>2. The blessings of dunya (the present world) are perishable, while the blessings of Akhirah (Hereafter) are eternal.</p><p>3. The blessings of dunya are laced with all sorts of botherations, while the blessings of Akhirah are free of such impurities.</p><p>4. The acquisition of the blessings of dunya is not certain, while the blessings of Akhirah will most certainly reach everyone who is God fearing (Muttagi: the observer of Taqwa). (al-Tafslr al-Kablr)</p><p>و لا خیر فی الدُّنیا لِمَ لَم یَکُن لَّہ مِنَ اللہِ فی دَارِ المقَامِ نَصِیبُ</p><p>فَاِن تعجِبُ الدُّنیا رِجَالاً فَاِنَّا مَتَاعُ قلیلُ وَ الزَّوالُ قَرِیبُ</p><p>There is no gain in dunya for the one who has no share in the eternal abode from Allah. Still, if dunya does attract some people, then (beware) it is a short-lived enjoyment and its decline is near (that is, once eyes closes in death, the Akhirah is there to see).</p>
CommentaryThe Background of RevelationVerse 77 beginning with the words: أَلَمْ تَرَ‌ إِلَى الَّذِينَ قِيلَ لَهُمْ كُفُّوا أَيْدِيَكُمْ (Have you not seen those to whom it was said, "Hold your hands { from fighting)...) was revealed in a particular background. Before their migration from Makkah, Muslims were regularly persecuted by disbelievers. Harassed Muslims used to visit the Holy Prophet ﷺ complaining to him about the high-handed treatment meted out to them and asking for his permission to fight back in self-defence and put an end to the Kafir reign of terror. He advised patience holding them back from direct confrontation on the plea that he has not been commanded to fight, in fact, he told them, he has been commanded to stay patient, forgo and forgive. He also told them to continue observing the instructions of salah and zakah, already given to them, consistently and devotedly. He impressed upon them the virtues of the present pattern of their behaviour, even though the odds were against them, for the simple reason that, unless man is conditioned to fight against his own evil desires in obedience to the command of Allah and is also used to bearing physical pain and financial sacrifice, he finds joining Jihad and sacrificing his life very difficult a proposition. This was an advice Muslims had accepted. But when they migrated from Makkah to Madinah, and Jihad was enjoined upon them, they should have been pleased with it, as it was something that had answered their own prayers. But, there were some infirm Muslims around who started fearing the prospects of a fight against the disbelievers as one would fear the punishment of Allah, rather more than this. Caught in that peevish state of mind, they started pining for a little more respite, a possible postponement of the command to fight to some later day which may have given them more time to live and to enjoy. Thereupon, these verses were revealed. (Ruh al-Ma` ani)Why did the Muslims wish for the postponement of JihadThe wish for respite expressed by Muslims following the command to fight was not an objection to the command of Jihad. It was, rather, a benign and subtle complaint. The reason may lie in the usual pattern of human psyche in such situations. When hurt and harassed to the extreme, one is very likely to flare up and go for a revenge. But, once man is used to a life of physical comfort and peace, he does not feel like going out to fight. This is no more than a simple human reaction. So, these Muslims, while they were in Makkah, all fed up with pains inflicted on them by the disbelievers at that time, were naturally looking forward most eagerly for the command of Jihad to come. But, when they reached Madinah, they found peace and comfort which they had missed for long. Now the command to fight, when it came in that state of theirs, found them no more moved by their old fire, therefore, they simply wished that it would have been better if the call for Jihad was just not there at that point of time. Now, to take this 'wish' as an 'objection' and to attribute an act of sin to those Muslims is not correct. However, this explanation is limited to the assumption that they had pronounced this complaint verbally. But, if they said nothing verbally, and it was simply a thought which crossed their mind, then, thoughts in the mind and doubts in the heart are happenings which the Shari’ ah of Islam simply does not count as sins. Here, both probabilities exist. Then, the word, قَالُوا "Qalu" (They say) in the verse should not lead one to presume that they had said this verbally, for it may be taken to mean that they may have said it within their hearts. (Abridged from Bayan al-Qur'an by Maulana Thanavi). According to some commentators, in which case, no explanation is, called for. (Tafsir Kabir).Self-correction should precede collective reformIn وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ (verse 77), Allah Almighty has first mentioned the command to establish the prescribed prayers and pay the fixed zakah which are the medium of self-correction. The command of Jihad comes after that, which is the medium of political and collective correction, that is, through it the forces of coercion and injustice are eliminated as a result of which peace prevails in the country. From here we learn that, well before worrying about correcting others, one should start correcting himself. So, seen from the angle of a relative degree of importance, the first command is an absolute individual obligation (fard al-'ayn) while the second is an obligation which, if performed by some, will absolve others (fard al-kifayah). This highlights the importance of self-correction and makes its precedence obvious enough (Mazhari).The difference between the blessings of the present world and those of the HereafterIn this verse, the blessings of the Hereafter have been declared to be more bountiful and certainly better as compared with the blessings of the present world of our experience. Some reasons why this is so are given below:1. The blessings of the present world are few, while the blessings of the Hereafter are many.2. The blessings of dunya (the present world) are perishable, while the blessings of Akhirah (Hereafter) are eternal.3. The blessings of dunya are laced with all sorts of botherations, while the blessings of Akhirah are free of such impurities.4. The acquisition of the blessings of dunya is not certain, while the blessings of Akhirah will most certainly reach everyone who is God fearing (Muttagi: the observer of Taqwa). (al-Tafslr al-Kablr)و لا خیر فی الدُّنیا لِمَ لَم یَکُن لَّہ مِنَ اللہِ فی دَارِ المقَامِ نَصِیبُفَاِن تعجِبُ الدُّنیا رِجَالاً فَاِنَّا مَتَاعُ قلیلُ وَ الزَّوالُ قَرِیبُThere is no gain in dunya for the one who has no share in the eternal abode from Allah. Still, if dunya does attract some people, then (beware) it is a short-lived enjoyment and its decline is near (that is, once eyes closes in death, the Akhirah is there to see).
77
4
أَيْنَمَا تَكُونُوا۟ يُدْرِككُّمُ ٱلْمَوْتُ وَلَوْ كُنتُمْ فِى بُرُوجٍ مُّشَيَّدَةٍ وَإِن تُصِبْهُمْ حَسَنَةٌ يَقُولُوا۟ هَٰذِهِۦ مِنْ عِندِ ٱللَّهِ وَإِن تُصِبْهُمْ سَيِّئَةٌ يَقُولُوا۟ هَٰذِهِۦ مِنْ عِندِكَ قُلْ كُلٌّ مِّنْ عِندِ ٱللَّهِ فَمَالِ هَٰٓؤُلَآءِ ٱلْقَوْمِ لَا يَكَادُونَ يَفْقَهُونَ حَدِيثًا
<p>There is no escape from death:</p><p>In أَيْنَمَا تَكُونُوا يُدْرِ‌ككُّمُ الْمَوْتُ (verse 78) (Wherever you will be death will over-take you), Allah Almighty removes any doubts the deserters from Jihad may entertain. They think that, perhaps by dodging Jihad, they can also dodge death. Therefore, it was said that there will be a day of death, a day when it, must come, no matter where you are; it will come exactly where you are. When this is settled, there is no sense in backing out from Jihad.</p><p>Hafiz Ibn Kathir (رح) ، the famous commentator, while discussing this verse, has reported a lesson-filled event on the authority of Mujahid as narrated by Ibn Jarir and Ibn Abi Hatim ؓ . He recounts the event concerning a woman from an earlier community. Soon after her pregnancy matured, she gave birth to a child and sent her servant out to fetch some fire. As soon as the servant stepped out of the door of the house, he saw a man appear suddenly before him. He asked: 'What baby this woman has given birth to?' The servant told him that it was a baby girl. Thereupon, the man said: You must remember that this girl will sleep with a hundred men and will finally die through a spider.' Hearing this, the servant returned immediate with a knife and slit the abdomen of that girl open. Taking her to be dead, he ran away from the house. But, a little later, the mother of the girl stitched up the skin of the abdomen slit by the servant. Then came the day when this girl grew to be young and beautiful, so beautiful that she was considered to be the jewel of the city.</p><p>As for the servant, he escaped overseas where he stayed for a long time and, in the meantime, assembled a fortune for himself. When he planned to get married, he returned to his old city. There he met an old woman. He told her that he was looking for a bride, but that he was eager to marry the most beautiful' woman in town. The old woman told him about a certain girl whose beauty was unmatched in the whole city and insisted that he should marry her. The servant, now a rich man, made efforts and finally got married to that girl. While getting to know each other, the girl asked him as to who he was and where did he live. He told her: 'Actually, I belong to this very city, but I had to run away because I had slit the abdomen of a girl open.' Then he narrated the whole event. Hearing this, she said: 'I am that girl.' She showed him her abdomen. The cut mark was still there. Seeing this, the man said: 'If you are the same woman, I disclose two things about you. The first one is that you will sleep , with a hundred men.' Thereupon, the woman confessed that she has done that, but she could not remember the number. The man said: 'The number is hundred. And the second one is that you will die through a spider.'</p><p>The man who was now rich had a grand palace built for her which was absolutely free of any spider webs. On a certain day, while they were resting in their room in the palace, they noticed a spider on the wall. The woman said: 'Is this the spider you scare me of?' The man said: 'Yes.' Thereupon, she sprang up from the bed saying: 'Then, this one I am going to kill right now.' Having said that, she downed the spider on the floor and trampled her dead under her feet.</p><p>The spider died all right but the poison from her infected her feet and nails and the message of death became all too clear for her. (Ibn Kathir)</p><p>Here was a woman living in a palace, new and very clean, but she died through a spider all of a sudden. Compare her case with many others who spent a life-time in fighting battles yet death did not come to them there. Think of Sayyidna Khalid ibn Walid ؓ ، the famous soldier and general of Islam known by his oft-repeated title, Saifullah - the Sword of Allah. He had a burning desire to die as martyr in the way of Allah. So, he kept fighting all his life, engaging in one Jihad after another and longing to become a Shahid. He killed thousands of disbelievers on the battlefields, living dangerously and daringly against many a trial, always praying and pleading that he be saved from the fate of dying in bed like women and praying and pleading that Allah favour him with the death of a fearless soldier in the heat of some Jihad. But, as. decreed by Allah, he finally died nowhere else but on his own bed in the house.</p><p>The lesson is that the arrangement of life and death stays in the hands of our creator whose decisions are final. There is nothing we can do about it. It is He who can, if He wills, give us death on a luxury bed at the hands of a spider; or, if He elects to save us, he can keep us alive amid swinging swords or zooming fires.</p>
There is no escape from death:In أَيْنَمَا تَكُونُوا يُدْرِ‌ككُّمُ الْمَوْتُ (verse 78) (Wherever you will be death will over-take you), Allah Almighty removes any doubts the deserters from Jihad may entertain. They think that, perhaps by dodging Jihad, they can also dodge death. Therefore, it was said that there will be a day of death, a day when it, must come, no matter where you are; it will come exactly where you are. When this is settled, there is no sense in backing out from Jihad.Hafiz Ibn Kathir (رح) ، the famous commentator, while discussing this verse, has reported a lesson-filled event on the authority of Mujahid as narrated by Ibn Jarir and Ibn Abi Hatim ؓ . He recounts the event concerning a woman from an earlier community. Soon after her pregnancy matured, she gave birth to a child and sent her servant out to fetch some fire. As soon as the servant stepped out of the door of the house, he saw a man appear suddenly before him. He asked: 'What baby this woman has given birth to?' The servant told him that it was a baby girl. Thereupon, the man said: You must remember that this girl will sleep with a hundred men and will finally die through a spider.' Hearing this, the servant returned immediate with a knife and slit the abdomen of that girl open. Taking her to be dead, he ran away from the house. But, a little later, the mother of the girl stitched up the skin of the abdomen slit by the servant. Then came the day when this girl grew to be young and beautiful, so beautiful that she was considered to be the jewel of the city.As for the servant, he escaped overseas where he stayed for a long time and, in the meantime, assembled a fortune for himself. When he planned to get married, he returned to his old city. There he met an old woman. He told her that he was looking for a bride, but that he was eager to marry the most beautiful' woman in town. The old woman told him about a certain girl whose beauty was unmatched in the whole city and insisted that he should marry her. The servant, now a rich man, made efforts and finally got married to that girl. While getting to know each other, the girl asked him as to who he was and where did he live. He told her: 'Actually, I belong to this very city, but I had to run away because I had slit the abdomen of a girl open.' Then he narrated the whole event. Hearing this, she said: 'I am that girl.' She showed him her abdomen. The cut mark was still there. Seeing this, the man said: 'If you are the same woman, I disclose two things about you. The first one is that you will sleep , with a hundred men.' Thereupon, the woman confessed that she has done that, but she could not remember the number. The man said: 'The number is hundred. And the second one is that you will die through a spider.'The man who was now rich had a grand palace built for her which was absolutely free of any spider webs. On a certain day, while they were resting in their room in the palace, they noticed a spider on the wall. The woman said: 'Is this the spider you scare me of?' The man said: 'Yes.' Thereupon, she sprang up from the bed saying: 'Then, this one I am going to kill right now.' Having said that, she downed the spider on the floor and trampled her dead under her feet.The spider died all right but the poison from her infected her feet and nails and the message of death became all too clear for her. (Ibn Kathir)Here was a woman living in a palace, new and very clean, but she died through a spider all of a sudden. Compare her case with many others who spent a life-time in fighting battles yet death did not come to them there. Think of Sayyidna Khalid ibn Walid ؓ ، the famous soldier and general of Islam known by his oft-repeated title, Saifullah - the Sword of Allah. He had a burning desire to die as martyr in the way of Allah. So, he kept fighting all his life, engaging in one Jihad after another and longing to become a Shahid. He killed thousands of disbelievers on the battlefields, living dangerously and daringly against many a trial, always praying and pleading that he be saved from the fate of dying in bed like women and praying and pleading that Allah favour him with the death of a fearless soldier in the heat of some Jihad. But, as. decreed by Allah, he finally died nowhere else but on his own bed in the house.The lesson is that the arrangement of life and death stays in the hands of our creator whose decisions are final. There is nothing we can do about it. It is He who can, if He wills, give us death on a luxury bed at the hands of a spider; or, if He elects to save us, he can keep us alive amid swinging swords or zooming fires.
78
4
مَّآ أَصَابَكَ مِنْ حَسَنَةٍ فَمِنَ ٱللَّهِ وَمَآ أَصَابَكَ مِن سَيِّئَةٍ فَمِن نَّفْسِكَ وَأَرْسَلْنَٰكَ لِلنَّاسِ رَسُولًا وَكَفَىٰ بِٱللَّهِ شَهِيدًا
<p>Building secure houses is not against Tawakkul</p><p>Let us now consider: وَلَوْ كُنتُمْ فِي بُرُ‌وجٍ مُّشَيَّدَةٍ in verse 78. It says: 'Wherever you will be Death will overtake you, even though you are in fortified castles.' This tells us that building a good and strong house to live with ensured security of person and things is not contrary to the dictates of tawakkul or trust in Allah and that it is not against the rules of Shari'ah either. (Qurtubi)</p><p>A Blessing comes only by the grace of Allah</p><p>In مَّا أَصَابَكَ مِنْ حَسَنَةٍ فَمِنَ اللَّـهِ (verse 79), translated as: 'whatever good comes to you is from Allah,' the word, حَسَنَةٍ 'hasanatin' means 'blessing' (Mazhari). The verse points out to the fact that any blessing which reaches man, any good that comes to him, does not get to him as a matter of his right. This is, on the contrary, nothing but the grace of Allah Almighty, His فضل 'fadl', in common Islamic terminology. No matter how much, he devotes to the many acts of worship he is obligated with, man cannot claim to deserve that blessing on the basis of his deeds alone. The reason is simple, because the very ability to engage in acts of worship comes from none but Allah Himself, which is known as the Taufiq of Allah. Then the blessings of Allah are countless, how could they be 'procured' by limited acts of worship and other expressions of obedience to His commands? Specially so, when whatever we do in the name of the worship of Allah is' hardly worthy of the supreme mastery and power of our Lord, the Lord of the universe of our experience and the Lord of universes beyond? This point has been made more succinctly in a hadith, where the Holy Prophet ﷺ ; has been reported to have said:</p><p>مَا اَحَد یدخل الجنۃ الا برحمۃ اللہ : ولا أنت ؟ و لا أنا</p><p>'No one shall enter Paradise unless it be with the mercy of Allah.' The narrator asked: 'Not you either?' He said, 'Yes. Not me either.'</p><p>Calamities are the result of misdeeds</p><p>In وَمَا أَصَابَكَ مِن سَيِّئَةٍ فَمِن نَّفْسِكَ (verse 79), translated as: 'and whatever evil visits you, it comes from your own selves,' the word, سَيِّئَةٍ 'sayyi` atun' mean., مُصِیبَہ 'musibah', evil, hardship, (misfortune, calamity, disaster) according to Mazhari.</p><p>Although, calamities are created by Allah, yet their cause lies nowhere else but in the very misdeeds of man himself. Now if this man is a disbeliever, a Kafir, the evil that hits him in this mortal world is only an ordinary sample of the ultimate punishment, the punishment of the world-to-come, which is much much more than the worldly punishment. And if this man is a believer, a mu'min, all his misfortunes become an expiation (kaffarah) of his sins in that case, and thereby become the very cause of his salvation in the Hereafter. Thus, the Holy Prophet ﷺ said in a hadith:</p><p>ما من مصیبۃ تصیب المسلم الا کَفَر اللہ بھا عنہ حتی الشوکۃ یشاکھا</p><p>"No evil ever touches a Muslim, but it becomes a source of forgiveness for him - even the pinch of a thorn in his feet." (Mazhari from Tirmidhi)</p><p>In another hadith, reported by Abu Musa ؓ عنہ he said:</p><p>عن ابی موسیٰ ان رسول اللہ ﷺ قال لا تصیب عبدا نکبۃ فما فوقھا وما دونھا الا بذنب وما یعفو اکثر</p><p>"No hardship befalls a servant of Allah, be it light or tough, but it is always due to his sin - and the sins Allah forgives (without afflicting with a calamity) are much more." (Mazhari from Tirmidhi)</p><p>The Prophet of Islam: His Prophethood is Universal</p><p>The words: وَأَرْ‌سَلْنَاكَ لِلنَّاسِ رَ‌سُولًا ; (And We have sent you to be a Messenger for the people) appearing at the end of verse 79 prove that the Holy Prophet ﷺ has been sent as a Messenger of Allah (Rasul) for all peoples of the world. He was not simply a Messenger for Arabs alone.</p><p>In fact, his prophethood is universal, open to all human beings of this entire universe, whether they'are present at this point of time, or may come to be there right through the Qiyamah, the fateful Last Day of this universe of ours. (Mazhari)</p>
Building secure houses is not against TawakkulLet us now consider: وَلَوْ كُنتُمْ فِي بُرُ‌وجٍ مُّشَيَّدَةٍ in verse 78. It says: 'Wherever you will be Death will overtake you, even though you are in fortified castles.' This tells us that building a good and strong house to live with ensured security of person and things is not contrary to the dictates of tawakkul or trust in Allah and that it is not against the rules of Shari'ah either. (Qurtubi)A Blessing comes only by the grace of AllahIn مَّا أَصَابَكَ مِنْ حَسَنَةٍ فَمِنَ اللَّـهِ (verse 79), translated as: 'whatever good comes to you is from Allah,' the word, حَسَنَةٍ 'hasanatin' means 'blessing' (Mazhari). The verse points out to the fact that any blessing which reaches man, any good that comes to him, does not get to him as a matter of his right. This is, on the contrary, nothing but the grace of Allah Almighty, His فضل 'fadl', in common Islamic terminology. No matter how much, he devotes to the many acts of worship he is obligated with, man cannot claim to deserve that blessing on the basis of his deeds alone. The reason is simple, because the very ability to engage in acts of worship comes from none but Allah Himself, which is known as the Taufiq of Allah. Then the blessings of Allah are countless, how could they be 'procured' by limited acts of worship and other expressions of obedience to His commands? Specially so, when whatever we do in the name of the worship of Allah is' hardly worthy of the supreme mastery and power of our Lord, the Lord of the universe of our experience and the Lord of universes beyond? This point has been made more succinctly in a hadith, where the Holy Prophet ﷺ ; has been reported to have said:مَا اَحَد یدخل الجنۃ الا برحمۃ اللہ : ولا أنت ؟ و لا أنا'No one shall enter Paradise unless it be with the mercy of Allah.' The narrator asked: 'Not you either?' He said, 'Yes. Not me either.'Calamities are the result of misdeedsIn وَمَا أَصَابَكَ مِن سَيِّئَةٍ فَمِن نَّفْسِكَ (verse 79), translated as: 'and whatever evil visits you, it comes from your own selves,' the word, سَيِّئَةٍ 'sayyi` atun' mean., مُصِیبَہ 'musibah', evil, hardship, (misfortune, calamity, disaster) according to Mazhari.Although, calamities are created by Allah, yet their cause lies nowhere else but in the very misdeeds of man himself. Now if this man is a disbeliever, a Kafir, the evil that hits him in this mortal world is only an ordinary sample of the ultimate punishment, the punishment of the world-to-come, which is much much more than the worldly punishment. And if this man is a believer, a mu'min, all his misfortunes become an expiation (kaffarah) of his sins in that case, and thereby become the very cause of his salvation in the Hereafter. Thus, the Holy Prophet ﷺ said in a hadith:ما من مصیبۃ تصیب المسلم الا کَفَر اللہ بھا عنہ حتی الشوکۃ یشاکھا"No evil ever touches a Muslim, but it becomes a source of forgiveness for him - even the pinch of a thorn in his feet." (Mazhari from Tirmidhi)In another hadith, reported by Abu Musa ؓ عنہ he said:عن ابی موسیٰ ان رسول اللہ ﷺ قال لا تصیب عبدا نکبۃ فما فوقھا وما دونھا الا بذنب وما یعفو اکثر"No hardship befalls a servant of Allah, be it light or tough, but it is always due to his sin - and the sins Allah forgives (without afflicting with a calamity) are much more." (Mazhari from Tirmidhi)The Prophet of Islam: His Prophethood is UniversalThe words: وَأَرْ‌سَلْنَاكَ لِلنَّاسِ رَ‌سُولًا ; (And We have sent you to be a Messenger for the people) appearing at the end of verse 79 prove that the Holy Prophet ﷺ has been sent as a Messenger of Allah (Rasul) for all peoples of the world. He was not simply a Messenger for Arabs alone.In fact, his prophethood is universal, open to all human beings of this entire universe, whether they'are present at this point of time, or may come to be there right through the Qiyamah, the fateful Last Day of this universe of ours. (Mazhari)
79
4
مَّن يُطِعِ ٱلرَّسُولَ فَقَدْ أَطَاعَ ٱللَّهَ وَمَن تَوَلَّىٰ فَمَآ أَرْسَلْنَٰكَ عَلَيْهِمْ حَفِيظًا
<p>Previous to this, there was the affirmation of prophethood. Now comes the statement which establishes the right of prophethood - it calls for compulsory obedience. In case hostile people refuse to obey, there are words of comfort for the noble Prophet of Islam who has been absolved of any responsibility for their lack of obedience.</p><p>The opening statement in the verse presents a very important principle bearing on the authority of the blessed Rasul of Allah. Here, the obedience to the Prophet ﷺ has been equated with obedience to Allah. From this it follows that whoever disobeys the Prophet, invariably disobeys the command of Allah. Since, obedience to Allah is obligatory, even rationally - so, obedience to the Prophet ﷺ also turns out to be equally obligatory. As for the person who, inspite of the truth being all too manifest, elects to turn his back and reject the message given by the Prophet, then, the Prophet has been asked not to worry about the callous behaviour of such people because Allah has not sent His Prophet ﷺ to stand guard over their behaviour for which he is not responsible. It means that the Prophet of Allah is not duty-bound to see that they do not indulge in disbelief. He is simply not charged with the mission of stopping them from disbelieving. His mission is to deliver the Message. Once this is done, his duty as a Prophet stands fulfilled. After that, if they still go about disbelieving, it is their business for which he is in no way accountable. (Maulana Ashraf Thanavi, Bayan al-Qura'n)</p><p>7</p>
Previous to this, there was the affirmation of prophethood. Now comes the statement which establishes the right of prophethood - it calls for compulsory obedience. In case hostile people refuse to obey, there are words of comfort for the noble Prophet of Islam who has been absolved of any responsibility for their lack of obedience.The opening statement in the verse presents a very important principle bearing on the authority of the blessed Rasul of Allah. Here, the obedience to the Prophet ﷺ has been equated with obedience to Allah. From this it follows that whoever disobeys the Prophet, invariably disobeys the command of Allah. Since, obedience to Allah is obligatory, even rationally - so, obedience to the Prophet ﷺ also turns out to be equally obligatory. As for the person who, inspite of the truth being all too manifest, elects to turn his back and reject the message given by the Prophet, then, the Prophet has been asked not to worry about the callous behaviour of such people because Allah has not sent His Prophet ﷺ to stand guard over their behaviour for which he is not responsible. It means that the Prophet of Allah is not duty-bound to see that they do not indulge in disbelief. He is simply not charged with the mission of stopping them from disbelieving. His mission is to deliver the Message. Once this is done, his duty as a Prophet stands fulfilled. After that, if they still go about disbelieving, it is their business for which he is in no way accountable. (Maulana Ashraf Thanavi, Bayan al-Qura'n)7
80
4
وَيَقُولُونَ طَاعَةٌ فَإِذَا بَرَزُوا۟ مِنْ عِندِكَ بَيَّتَ طَآئِفَةٌ مِّنْهُمْ غَيْرَ ٱلَّذِى تَقُولُ وَٱللَّهُ يَكْتُبُ مَا يُبَيِّتُونَ فَأَعْرِضْ عَنْهُمْ وَتَوَكَّلْ عَلَى ٱللَّهِ وَكَفَىٰ بِٱللَّهِ وَكِيلًا
<p>That obedience to the Holy Prophet ﷺ is obligatory was the subject of verse 80. Here, the Prophet ﷺ was comforted in case the disbelievers rejected his message. Now comes a mention of some hypocrites who used to wriggle out of this obligation.</p><p>Commentary</p><p>The first verse (81) which begins with the words: وَيَقُولُونَ طَاعَةٌ فَإِذَا بَرَ‌زُوا مِنْ عِندِكَ بَيَّتَ طَائِفَةٌ مِّنْهُمْ غَيْرَ‌ الَّذِي تَقُولُ (And they say, "Obedience (we observe)..." condemns those who practice a policy of double-dealing. They will say something verbally and have something else hidden in their hearts. Once this is established, what should be the attitude of the Messenger of Allah towards such a set of people? The latter part of the verse carries a special instruction about it.</p><p>An important instruction for a leader</p><p>The verse: فَأَعْرِ‌ضْ عَنْهُمْ وَتَوَكَّلْ عَلَى اللَّـهِ ۚ وَكَفَىٰ بِاللَّـهِ وَكِيلًا refers to the hypocrites who, when they came face to face with the Holy Prophet ﷺ said that they were quite obedient to him and had accepted what he had commanded them with. But, when they left his company, they got together and conspired as to how they could disobey him. This duplicity of theirs caused great pain to him. Thereupon, Allah Almighty instructed him to ignore them and continue with his mission placing his trust in Allah because Allah is all-sufficient for him.</p><p>From here we know that one who leads people has to go through all sorts of hardships. People tend to level absurd allegations against him. Then, there are enemies in the garb of friendship and trust around him. Despite the presence of all such obstacles, this leader must display determination and steadfastness and devote to his mission with full trust in Allah. If his objective and orientation is right, he will, Insha’ Allah, succeed.</p>
That obedience to the Holy Prophet ﷺ is obligatory was the subject of verse 80. Here, the Prophet ﷺ was comforted in case the disbelievers rejected his message. Now comes a mention of some hypocrites who used to wriggle out of this obligation.CommentaryThe first verse (81) which begins with the words: وَيَقُولُونَ طَاعَةٌ فَإِذَا بَرَ‌زُوا مِنْ عِندِكَ بَيَّتَ طَائِفَةٌ مِّنْهُمْ غَيْرَ‌ الَّذِي تَقُولُ (And they say, "Obedience (we observe)..." condemns those who practice a policy of double-dealing. They will say something verbally and have something else hidden in their hearts. Once this is established, what should be the attitude of the Messenger of Allah towards such a set of people? The latter part of the verse carries a special instruction about it.An important instruction for a leaderThe verse: فَأَعْرِ‌ضْ عَنْهُمْ وَتَوَكَّلْ عَلَى اللَّـهِ ۚ وَكَفَىٰ بِاللَّـهِ وَكِيلًا refers to the hypocrites who, when they came face to face with the Holy Prophet ﷺ said that they were quite obedient to him and had accepted what he had commanded them with. But, when they left his company, they got together and conspired as to how they could disobey him. This duplicity of theirs caused great pain to him. Thereupon, Allah Almighty instructed him to ignore them and continue with his mission placing his trust in Allah because Allah is all-sufficient for him.From here we know that one who leads people has to go through all sorts of hardships. People tend to level absurd allegations against him. Then, there are enemies in the garb of friendship and trust around him. Despite the presence of all such obstacles, this leader must display determination and steadfastness and devote to his mission with full trust in Allah. If his objective and orientation is right, he will, Insha’ Allah, succeed.
81
4
أَفَلَا يَتَدَبَّرُونَ ٱلْقُرْءَانَ وَلَوْ كَانَ مِنْ عِندِ غَيْرِ ٱللَّهِ لَوَجَدُوا۟ فِيهِ ٱخْتِلَٰفًا كَثِيرًا
<p>Deliberation in the Qur'an</p><p>Verse 82 begins with: أَفَلَا يَتَدَبَّرُ‌ونَ الْقُرْ‌آنَ (Do they not, then, ponder in the Qur'an?) Through this verse, Allah Almighty invites people to deliberate in the Qur'an. Noteworthy here are a few points. First of all, the words used are: أَفَلَا يَتَدَبَّرُ‌ونَ (Do they not, then, ponder ...) and not اَفَلَا یقرؤُنَ (Do they not, then, recite.) Obviously, there is a delicate hint being given through this verse which is suggesting that if they were to look at the Qur'an deeply, they would find no discrepancy in its words and meanings. This sense can come only through the use of the word, تَدَبُّر 'tadabbur' which means to ponder or deliberate. A plain recitation which is devoid of deliberation and deep thinking may lead one to start seeing contradictions which really do not exist there.</p><p>The second point which emerges from this verse is that the Qur'an itself demands that every human being should ponder over its meanings. Therefore, to suppose that pondering in the Qur'an is the exclusive domain of its highest and the ablest exponents (the Imams and Mujtahids) is not correct. However, it is also true that the levels of deliberation will be different in terms of the different levels of knowledge and understanding. The deliberation of the great exponents will deduce the solution of thousands of problems from every single verse, while the deliberation of a common scholar will reach only as far as the very comprehension of such problems and their solutions. When common people recite the Qur'an and deliberate in its meanings through the medium of its translation and explanation in their own language, this will impress upon their hearts the greatness of Allah Almighty, develop love for Him and implant there a concern for the life-to-come, the Akhirah. This is the master key to success. However, in order that common people stay safe from falling into doubts and misunderstandings, it is better that they should study the Qur'an, lesson by lesson, under the guidance of an عَالِم ` alim. If this cannot be done, take to the study of some authentic and reliable tafsir (commentary, exegesis). Should some doubt arise during the course of such study, the wiser course is not to go for a solution on the basis of personal opinion, instead of which, one should consult expert scholars.</p><p>No group or individual holds monopoly on the exegesis and explication of Qur'an and Sunnah, but there are conditions for it</p><p>The verse under reference tells us that everyone has the right to ponder in the Qur'an. But, as we have said earlier, the levels of تَدَبُر 'tadabbur' (deliberation) are different. Each one is governed by a separate rule. Let us take the serious deliberation of a great exponent, the 'tadabbur' of a master mujtahid. Through this methodology, solutions to problems are deduced from the Holy Qur'an at the highest level. For this purpose, it is necessary that one who is pondering in the Qur'an, should first acquaint himself with the basic rules employed in such deduction in order that the results he achieves are correct and sound. In case, he fails to arm himself with the basic postulates to begin with, or in case, his education and training in this discipline remain faulty; and in case, he does not ultimately possess the qualifications and conditions that must be found in a mujtahid exponent, then, it is obvious that he would come up with the wrong set of results. Now, this is a situation in which better-equipped scholars may challenge and contradict them, something they would be doing rightfully.</p><p>Think of a person who has never even walked the corridors of a medical college, yet he starts objecting as to why only trained doctors have been allowed to hold a monopoly of all medical treatment in the country, and why is it that he as a human being has not been allowed to exercise the right of treating patients?</p><p>Or, there may be a person who gags his reason and starts challenging as to why all contracts to build canals, bridges and dams are given to expert engineers only? Since, he is a citizen of the country, therefore, he too is fully deserving of discharging this service!</p><p>Or, there may be that person, devoid of reason who stands up raising an objection as to why legal experts alone have been allowed to hold monopoly over the interpretation and application of the law of the land, while he too, being sane and adult, can do the same job? Obviously, to that person, it would be said that, no doubt he has a right to do all such things as a citizen of the country, but it is also true that one has to undergo the difficult stages of education, training and experience for years and years together in order to imbibe the ability to accomplish such tasks. This is not what one can do all by himself. One has to assimilate an enormous body of arts and sciences under expert teachers on his way to established degrees and subsequent recognition in the field. If this person is ready to first go through this grind, and come out successful therefrom, then, he too could certainly become an arm of law in these fields.</p><p>But, when this analogy is applied to the interpretation and application of Qur'an and Sunnah, a highly intricate and very delicate job indeed, we come across a barrage of taunts and accusations that the ` ulama (religious scholars) hold a monopoly over the job! Is it that the interpretation and application of Qur'an and Sunnah requires no ability, no qualification? Are we saying that, in this wide world of ours, the knowledge of the Qur'an and Sunnah alone has come to be so orphaned, so heirless that everyone can start getting away with his own interpretation and application as a matter of right, even though the claimant has not spent even a few months devoted to learning the great discipline of Qur'an and Sunnah? This is terrible.</p><p>The proof of Qiyas</p><p>It is from this verse that we also come to know an important rule, that is, when we do not find an explicit statement in the Qur'an and Sunnah about a certain problem, we should make the best of efforts to find a solution by a serious deliberation within these. This method is technically known as Qiyas or analogical deduction (Qurtubi).</p><p>"A great deal of contradiction"</p><p>The last sentence of verse 82: وَلَوْ كَانَ مِنْ عِندِ غَيْرِ‌ اللَّـهِ لَوَجَدُوا فِيهِ اخْتِلَافًا كَثِيرً‌ا translated as 'Had it been from someone other than Allah, they would have found in it a great deal of contradiction' needs some explanation. Here, 'a great deal of contradiction' means: Had there been a contradiction in one subject, the contradiction in many subjects would obviously have become a great deal of contradiction (Bayan a1-Qura'n). But, the truth of the matter is that there is just no contradiction anywhere in the Qur'an. So, this is the word of Allah Almighty. This perfect uniformity cannot be found in the word of man. Then there is its unmatched eloquence which never tapers. It talks about the Oneness of Allah and the disbelief of men and lays down rules for the lawful and the unlawful, yet there is no inconsistency, no discrepancy in the process. It offers information about the unseen but there is not one bit of information which does not match with reality. Then there is the very order of the Qur'an which retains the quality of its diction all along, never ever touching a pitch which is low. The speech or writing of man is affected by circumstances. It varies with peace and distraction and happiness and sorrow. But, Qur'an is free of all sorts of incongruities and contradictions - actually, it is beyond any such thing. And this is a clear proof of its being the word of God.</p>
Deliberation in the Qur'anVerse 82 begins with: أَفَلَا يَتَدَبَّرُ‌ونَ الْقُرْ‌آنَ (Do they not, then, ponder in the Qur'an?) Through this verse, Allah Almighty invites people to deliberate in the Qur'an. Noteworthy here are a few points. First of all, the words used are: أَفَلَا يَتَدَبَّرُ‌ونَ (Do they not, then, ponder ...) and not اَفَلَا یقرؤُنَ (Do they not, then, recite.) Obviously, there is a delicate hint being given through this verse which is suggesting that if they were to look at the Qur'an deeply, they would find no discrepancy in its words and meanings. This sense can come only through the use of the word, تَدَبُّر 'tadabbur' which means to ponder or deliberate. A plain recitation which is devoid of deliberation and deep thinking may lead one to start seeing contradictions which really do not exist there.The second point which emerges from this verse is that the Qur'an itself demands that every human being should ponder over its meanings. Therefore, to suppose that pondering in the Qur'an is the exclusive domain of its highest and the ablest exponents (the Imams and Mujtahids) is not correct. However, it is also true that the levels of deliberation will be different in terms of the different levels of knowledge and understanding. The deliberation of the great exponents will deduce the solution of thousands of problems from every single verse, while the deliberation of a common scholar will reach only as far as the very comprehension of such problems and their solutions. When common people recite the Qur'an and deliberate in its meanings through the medium of its translation and explanation in their own language, this will impress upon their hearts the greatness of Allah Almighty, develop love for Him and implant there a concern for the life-to-come, the Akhirah. This is the master key to success. However, in order that common people stay safe from falling into doubts and misunderstandings, it is better that they should study the Qur'an, lesson by lesson, under the guidance of an عَالِم ` alim. If this cannot be done, take to the study of some authentic and reliable tafsir (commentary, exegesis). Should some doubt arise during the course of such study, the wiser course is not to go for a solution on the basis of personal opinion, instead of which, one should consult expert scholars.No group or individual holds monopoly on the exegesis and explication of Qur'an and Sunnah, but there are conditions for itThe verse under reference tells us that everyone has the right to ponder in the Qur'an. But, as we have said earlier, the levels of تَدَبُر 'tadabbur' (deliberation) are different. Each one is governed by a separate rule. Let us take the serious deliberation of a great exponent, the 'tadabbur' of a master mujtahid. Through this methodology, solutions to problems are deduced from the Holy Qur'an at the highest level. For this purpose, it is necessary that one who is pondering in the Qur'an, should first acquaint himself with the basic rules employed in such deduction in order that the results he achieves are correct and sound. In case, he fails to arm himself with the basic postulates to begin with, or in case, his education and training in this discipline remain faulty; and in case, he does not ultimately possess the qualifications and conditions that must be found in a mujtahid exponent, then, it is obvious that he would come up with the wrong set of results. Now, this is a situation in which better-equipped scholars may challenge and contradict them, something they would be doing rightfully.Think of a person who has never even walked the corridors of a medical college, yet he starts objecting as to why only trained doctors have been allowed to hold a monopoly of all medical treatment in the country, and why is it that he as a human being has not been allowed to exercise the right of treating patients?Or, there may be a person who gags his reason and starts challenging as to why all contracts to build canals, bridges and dams are given to expert engineers only? Since, he is a citizen of the country, therefore, he too is fully deserving of discharging this service!Or, there may be that person, devoid of reason who stands up raising an objection as to why legal experts alone have been allowed to hold monopoly over the interpretation and application of the law of the land, while he too, being sane and adult, can do the same job? Obviously, to that person, it would be said that, no doubt he has a right to do all such things as a citizen of the country, but it is also true that one has to undergo the difficult stages of education, training and experience for years and years together in order to imbibe the ability to accomplish such tasks. This is not what one can do all by himself. One has to assimilate an enormous body of arts and sciences under expert teachers on his way to established degrees and subsequent recognition in the field. If this person is ready to first go through this grind, and come out successful therefrom, then, he too could certainly become an arm of law in these fields.But, when this analogy is applied to the interpretation and application of Qur'an and Sunnah, a highly intricate and very delicate job indeed, we come across a barrage of taunts and accusations that the ` ulama (religious scholars) hold a monopoly over the job! Is it that the interpretation and application of Qur'an and Sunnah requires no ability, no qualification? Are we saying that, in this wide world of ours, the knowledge of the Qur'an and Sunnah alone has come to be so orphaned, so heirless that everyone can start getting away with his own interpretation and application as a matter of right, even though the claimant has not spent even a few months devoted to learning the great discipline of Qur'an and Sunnah? This is terrible.The proof of QiyasIt is from this verse that we also come to know an important rule, that is, when we do not find an explicit statement in the Qur'an and Sunnah about a certain problem, we should make the best of efforts to find a solution by a serious deliberation within these. This method is technically known as Qiyas or analogical deduction (Qurtubi)."A great deal of contradiction"The last sentence of verse 82: وَلَوْ كَانَ مِنْ عِندِ غَيْرِ‌ اللَّـهِ لَوَجَدُوا فِيهِ اخْتِلَافًا كَثِيرً‌ا translated as 'Had it been from someone other than Allah, they would have found in it a great deal of contradiction' needs some explanation. Here, 'a great deal of contradiction' means: Had there been a contradiction in one subject, the contradiction in many subjects would obviously have become a great deal of contradiction (Bayan a1-Qura'n). But, the truth of the matter is that there is just no contradiction anywhere in the Qur'an. So, this is the word of Allah Almighty. This perfect uniformity cannot be found in the word of man. Then there is its unmatched eloquence which never tapers. It talks about the Oneness of Allah and the disbelief of men and lays down rules for the lawful and the unlawful, yet there is no inconsistency, no discrepancy in the process. It offers information about the unseen but there is not one bit of information which does not match with reality. Then there is the very order of the Qur'an which retains the quality of its diction all along, never ever touching a pitch which is low. The speech or writing of man is affected by circumstances. It varies with peace and distraction and happiness and sorrow. But, Qur'an is free of all sorts of incongruities and contradictions - actually, it is beyond any such thing. And this is a clear proof of its being the word of God.
82
4
وَإِذَا جَآءَهُمْ أَمْرٌ مِّنَ ٱلْأَمْنِ أَوِ ٱلْخَوْفِ أَذَاعُوا۟ بِهِۦ وَلَوْ رَدُّوهُ إِلَى ٱلرَّسُولِ وَإِلَىٰٓ أُو۟لِى ٱلْأَمْرِ مِنْهُمْ لَعَلِمَهُ ٱلَّذِينَ يَسْتَنۢبِطُونَهُۥ مِنْهُمْ وَلَوْلَا فَضْلُ ٱللَّهِ عَلَيْكُمْ وَرَحْمَتُهُۥ لَٱتَّبَعْتُمُ ٱلشَّيْطَٰنَ إِلَّا قَلِيلًا
<p>Commentary</p><p>The Background of Revelation</p><p>According to Sayyidna Ibn ` Abbas, Dahhak and Abu Mu'adh ؓ the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ (And when there comes to them a matter about peace or fear, they spread it) was revealed about the hypocrites; and, according to Sayyidna Hasan and many others, this verse was revealed about weak Muslims (Ruh a1-Ma` ani).</p><p>After having reported events relating to this verse, the famous commentator, Ibn Kathir (رح) has stressed on the importance of referring to the hadith of Sayyidna ` Umar ibn al-Khattab ؓ ، while considering the background in which this verse was revealed. According to this, when Sayyidna ` Umar ؓ heard that the Holy Prophet ﷺ has divorced his wives, he left his house heading for the Masjid. While still at its door steps, he heard that people inside there were also talking about the matter. Seeing this, he said that this was something which must first be investigated. So, he went to the Holy Prophet ﷺ and asked him if he had divorced his wives. He said, "No." Sayyidna ` Umar ؓ says, "After having found out the truth of the matter, I returned to the Masjid and, standing on the door, I made an announcement that the Holy Prophet ﷺ has not divorced his wives. Whatever you are saying is wrong." Thereupon, the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ was revealed (Tafsir Ibn Kathir).</p><p>To spread rumours, without verification</p><p>This verse tells us that hearsay should not be repeated without prior investigation into its credibility. Thus, in a hadith, the Holy Prophet ﷺ said: کَفَی بالمرء کذبا أن یحدث بکل ماسمع ' It means that 'for a man to be a liar, it is enough that he repeats everything he hears without first verifying its truth'. In another hadith, he said: مَن حَدَثَ بحدیث و ھو یری انہ کذب فھو احد الکاذبین . It means: 'Whoever relates something he thinks is a lie, then, he too is one of the two liars (Tafsir Ibn Kathir).</p><p>Who are "those in authority'?</p><p>Let us now determine the meaning of two expressions appearing in the sentence: وَلَوْ رَ‌دُّوهُ إِلَى الرَّ‌سُولِ وَإِلَىٰ أُولِي الْأَمْرِ‌ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ ; which has been translated as: 'and had they referred it to the Messenger and to those in authority among them, those of them who were to investigate it would have certainly known it (the truth of the matter).' Literally, the later word,إستنباط "istinbat" here refers to the act of drawing out water from the depth of a well. When a well is dug, the water that oozes out first is called mustambat water. But, the usage in this context means to get to the bottom of something and find out the truth of the matter. (Qurtubi)</p><p>As for the correct signification of the expression: اولو الامر (those in authority), positions taken by scholars vary. Sayyidna Hasan, Qatadah and Ibn Abi Laila, may Allah have mercy on them, say that this refers to Muslim scholars and jurists (علماء و فقھاء). Al-Suddi says that it means rulers and officials (اُمراء و حُکام). After reporting both these statements, Abu Bakr al-Jassas takes a general view and maintains that the expression means both, which is the correct approach, because أُولِي الْأَمْرِ‌ applies to all of them. However, some scholars doubt the possibility that أُولِي الْأَمْرِ‌ could refer to Muslim jurists فُقھاء) ) because أُولِي الْأَمْرِ‌ in its literal sense, means people whose orders are carried out administratively. Obviously, this is not what the Muslim jurists فُقھاء) ) do. Let us look at the reality of the thing. The implementation of authority takes two forms. Firstly, it can be done by using force, coercion and oppression. This is something which can only be done by those in authority. The second from of obedience to authority comes from reliance and trust, and that stands reposed in revered Muslim jurists (فُقھاء) only, a demonstration of which has been all too visible in the lives of Muslims-in general in all ages where the general body of Muslims have been, by their own free will and choice, taking the decision and authority of religious scholars (عُلَمَاء ) as the mandatory mode of action in all matters of religion. Then, according to the percepts of the Shari’ ah, obedience to rules set by them is obligatory (wajib) on them as such. So, given this reason, the application of the term أُولِي الْأَمْرِ (those in authority) to them as well is correct. (al-Ahkam a1-Qur'an by al Jassas)</p><p>Details on this subject have already appeared under the commentary on verse: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ وَأُولِي الْأَمْرِ‌ مِنكُمْ (Say, "Obey Allah and obey the Messenger and those in authority among you - 4:59).</p><p>Qiyas and Ijtihad in modern problems</p><p>From this verse, we find out that rulings on problems not specifically mentioned in the authoritative texts (technically, nass) of the Holy Qur'an or Sunnah will be deduced in the light of the Qur'an using the principle of Ijtihad and Qiyas because this verse carries the command to turn to the Holy Prophet ﷺ for the resolution of any new problems - if he is present at that time. And if he is not present, the command is to turn to religious scholars and jurists of the Muslim community (عُلَمَاء وفُقَھَاء), because they have the required ability to extract and formulate religious injunctions from the authoritative texts of the Qur'an and Hadith.</p><p>Points of guidance, which emerge from the statement made above are:</p><p>1. In the absence of nass, explicit textual authority from the Qur'an and Hadith, the course of action is to turn to Fuqaha, and ` Ulama' (Muslim jurists and scholars)</p><p>2. The injunctions given by Allah are of two kinds. Some of them are there in the form of explicit textual imperatives (mansus and sarih). Then, there are some others which are not explicit and carry meanings which are hidden in the depths of the verses as willed by Allah in his infinite wisdom</p><p>3. It is the duty of the ` Ulama' (religious scholars) to extract and formulate such meanings through the established methodology of Ijtihad and Qiyas.</p><p>4. For the great masses of Muslims, it is necessary that they should follow the guidance given by the ` Ulama' in such problems. (Ahkam al-Qur'an by al-Jasas)</p><p>The Prophetic function of deducing injunctions</p><p>The statement: مِنھُم لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ : those of them who were to investigate it would have certainly known it (the truth of the matter), shows that the Holy Prophet ﷺ too was obligated to the percept of extracting formulating and reasoning out with proofs all injections that needed to be so handled. This is so because earlier in the verse the command was to turn towards two sources. Firstly, it was to the Holy Prophet ﷺ and secondly, to those in authority ( ( أُولِي الْأَمْرِ‌. After that it was said: لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ.(those of them who were to investigate it would have certainly known it.) And this injunction is general which covers both of the two parties cited above. So, it proves that the Holy Prophet ﷺ was also obligated with the function of deducing injunctions. (Ahkam al-Qur'an by al-Jassas)</p><p>An important note</p><p>If this verse makes someone suspect or assume that it has no relation with deducing injunctions of Shari’ ah, it does not say anymore than give an instruction to people that they should not indulge in rumour-mongering in situations of peace and fear when faced with an enemy, instead of which, one should turn to the knowledgeable and trustworthy and act in accordance with the advice they give after due deliberation and that it has no connection with juristic or new legal problems.</p><p>In order to answer this doubt, it can he said that the sentence: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ ; (And when there comes to them a matter about peace or fear) in this verse makes no mention of an enemy. So, the state of peace and fear is universal. The way it relates to an enemy, so it does with day to day problems as well. This is so because the appearance of a problem before a commoner, a problem about which no textual authority relating to its being lawful or unlawful exists, throws him into a fix and he cannot decide which side to take as both sides hold the probability of gain and loss. The smartest way out devised by the Shari’ ah of Islam in this impasse is that one should turn to those capable of extracting and formulating injunctions and act in accordance with the via media laid out by them. (Abridged from 4km al Qur'n by al-Jassas)</p><p>The outcome of Ijtihad</p><p>The legal ruling extracted by Muslim jurists (فُقَھَا) from the texts through Istinbat (and Ijtihad) cannot categorically be declared as being the absolute truth in the sight of Allah. Instead of that, the probability always exists that this ruling might as well turn out to be not true. But, of course, what one gains out of it is positive, overwhelming and weightier opinion about its being true and correct, something which is to act upon. (al-ahkam al-Qur'in by al-Jassas and Tafsir Kabir)</p>
CommentaryThe Background of RevelationAccording to Sayyidna Ibn ` Abbas, Dahhak and Abu Mu'adh ؓ the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ (And when there comes to them a matter about peace or fear, they spread it) was revealed about the hypocrites; and, according to Sayyidna Hasan and many others, this verse was revealed about weak Muslims (Ruh a1-Ma` ani).After having reported events relating to this verse, the famous commentator, Ibn Kathir (رح) has stressed on the importance of referring to the hadith of Sayyidna ` Umar ibn al-Khattab ؓ ، while considering the background in which this verse was revealed. According to this, when Sayyidna ` Umar ؓ heard that the Holy Prophet ﷺ has divorced his wives, he left his house heading for the Masjid. While still at its door steps, he heard that people inside there were also talking about the matter. Seeing this, he said that this was something which must first be investigated. So, he went to the Holy Prophet ﷺ and asked him if he had divorced his wives. He said, "No." Sayyidna ` Umar ؓ says, "After having found out the truth of the matter, I returned to the Masjid and, standing on the door, I made an announcement that the Holy Prophet ﷺ has not divorced his wives. Whatever you are saying is wrong." Thereupon, the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ was revealed (Tafsir Ibn Kathir).To spread rumours, without verificationThis verse tells us that hearsay should not be repeated without prior investigation into its credibility. Thus, in a hadith, the Holy Prophet ﷺ said: کَفَی بالمرء کذبا أن یحدث بکل ماسمع ' It means that 'for a man to be a liar, it is enough that he repeats everything he hears without first verifying its truth'. In another hadith, he said: مَن حَدَثَ بحدیث و ھو یری انہ کذب فھو احد الکاذبین . It means: 'Whoever relates something he thinks is a lie, then, he too is one of the two liars (Tafsir Ibn Kathir).Who are "those in authority'?Let us now determine the meaning of two expressions appearing in the sentence: وَلَوْ رَ‌دُّوهُ إِلَى الرَّ‌سُولِ وَإِلَىٰ أُولِي الْأَمْرِ‌ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ ; which has been translated as: 'and had they referred it to the Messenger and to those in authority among them, those of them who were to investigate it would have certainly known it (the truth of the matter).' Literally, the later word,إستنباط "istinbat" here refers to the act of drawing out water from the depth of a well. When a well is dug, the water that oozes out first is called mustambat water. But, the usage in this context means to get to the bottom of something and find out the truth of the matter. (Qurtubi)As for the correct signification of the expression: اولو الامر (those in authority), positions taken by scholars vary. Sayyidna Hasan, Qatadah and Ibn Abi Laila, may Allah have mercy on them, say that this refers to Muslim scholars and jurists (علماء و فقھاء). Al-Suddi says that it means rulers and officials (اُمراء و حُکام). After reporting both these statements, Abu Bakr al-Jassas takes a general view and maintains that the expression means both, which is the correct approach, because أُولِي الْأَمْرِ‌ applies to all of them. However, some scholars doubt the possibility that أُولِي الْأَمْرِ‌ could refer to Muslim jurists فُقھاء) ) because أُولِي الْأَمْرِ‌ in its literal sense, means people whose orders are carried out administratively. Obviously, this is not what the Muslim jurists فُقھاء) ) do. Let us look at the reality of the thing. The implementation of authority takes two forms. Firstly, it can be done by using force, coercion and oppression. This is something which can only be done by those in authority. The second from of obedience to authority comes from reliance and trust, and that stands reposed in revered Muslim jurists (فُقھاء) only, a demonstration of which has been all too visible in the lives of Muslims-in general in all ages where the general body of Muslims have been, by their own free will and choice, taking the decision and authority of religious scholars (عُلَمَاء ) as the mandatory mode of action in all matters of religion. Then, according to the percepts of the Shari’ ah, obedience to rules set by them is obligatory (wajib) on them as such. So, given this reason, the application of the term أُولِي الْأَمْرِ (those in authority) to them as well is correct. (al-Ahkam a1-Qur'an by al Jassas)Details on this subject have already appeared under the commentary on verse: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ وَأُولِي الْأَمْرِ‌ مِنكُمْ (Say, "Obey Allah and obey the Messenger and those in authority among you - 4:59).Qiyas and Ijtihad in modern problemsFrom this verse, we find out that rulings on problems not specifically mentioned in the authoritative texts (technically, nass) of the Holy Qur'an or Sunnah will be deduced in the light of the Qur'an using the principle of Ijtihad and Qiyas because this verse carries the command to turn to the Holy Prophet ﷺ for the resolution of any new problems - if he is present at that time. And if he is not present, the command is to turn to religious scholars and jurists of the Muslim community (عُلَمَاء وفُقَھَاء), because they have the required ability to extract and formulate religious injunctions from the authoritative texts of the Qur'an and Hadith.Points of guidance, which emerge from the statement made above are:1. In the absence of nass, explicit textual authority from the Qur'an and Hadith, the course of action is to turn to Fuqaha, and ` Ulama' (Muslim jurists and scholars)2. The injunctions given by Allah are of two kinds. Some of them are there in the form of explicit textual imperatives (mansus and sarih). Then, there are some others which are not explicit and carry meanings which are hidden in the depths of the verses as willed by Allah in his infinite wisdom3. It is the duty of the ` Ulama' (religious scholars) to extract and formulate such meanings through the established methodology of Ijtihad and Qiyas.4. For the great masses of Muslims, it is necessary that they should follow the guidance given by the ` Ulama' in such problems. (Ahkam al-Qur'an by al-Jasas)The Prophetic function of deducing injunctionsThe statement: مِنھُم لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ : those of them who were to investigate it would have certainly known it (the truth of the matter), shows that the Holy Prophet ﷺ too was obligated to the percept of extracting formulating and reasoning out with proofs all injections that needed to be so handled. This is so because earlier in the verse the command was to turn towards two sources. Firstly, it was to the Holy Prophet ﷺ and secondly, to those in authority ( ( أُولِي الْأَمْرِ‌. After that it was said: لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ.(those of them who were to investigate it would have certainly known it.) And this injunction is general which covers both of the two parties cited above. So, it proves that the Holy Prophet ﷺ was also obligated with the function of deducing injunctions. (Ahkam al-Qur'an by al-Jassas)An important noteIf this verse makes someone suspect or assume that it has no relation with deducing injunctions of Shari’ ah, it does not say anymore than give an instruction to people that they should not indulge in rumour-mongering in situations of peace and fear when faced with an enemy, instead of which, one should turn to the knowledgeable and trustworthy and act in accordance with the advice they give after due deliberation and that it has no connection with juristic or new legal problems.In order to answer this doubt, it can he said that the sentence: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ ; (And when there comes to them a matter about peace or fear) in this verse makes no mention of an enemy. So, the state of peace and fear is universal. The way it relates to an enemy, so it does with day to day problems as well. This is so because the appearance of a problem before a commoner, a problem about which no textual authority relating to its being lawful or unlawful exists, throws him into a fix and he cannot decide which side to take as both sides hold the probability of gain and loss. The smartest way out devised by the Shari’ ah of Islam in this impasse is that one should turn to those capable of extracting and formulating injunctions and act in accordance with the via media laid out by them. (Abridged from 4km al Qur'n by al-Jassas)The outcome of IjtihadThe legal ruling extracted by Muslim jurists (فُقَھَا) from the texts through Istinbat (and Ijtihad) cannot categorically be declared as being the absolute truth in the sight of Allah. Instead of that, the probability always exists that this ruling might as well turn out to be not true. But, of course, what one gains out of it is positive, overwhelming and weightier opinion about its being true and correct, something which is to act upon. (al-ahkam al-Qur'in by al-Jassas and Tafsir Kabir)
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فَقَٰتِلْ فِى سَبِيلِ ٱللَّهِ لَا تُكَلَّفُ إِلَّا نَفْسَكَ وَحَرِّضِ ٱلْمُؤْمِنِينَ عَسَى ٱللَّهُ أَن يَكُفَّ بَأْسَ ٱلَّذِينَ كَفَرُوا۟ وَٱللَّهُ أَشَدُّ بَأْسًا وَأَشَدُّ تَنكِيلًا
<p>Commentary</p><p>The Background of Revelation</p><p>When the battle of Uhud came to pass in the month of Shawwal, the Holy Prophet ﷺ ، in keeping with the promised date set by the disbelievers, started preparations to confront them at Badr in the month of Dhi-Qa'dah (historians identify which as the minor Badr). At that time, some people betrayed a little hesitation in going along because of having been recently wounded, while some others did so because of rumours. Thereupon, Allah Almighty revealed this verse where guidance has been given to the Holy Prophet ﷺ that he should ignore the infirm and the scared among Muslims and show no hesitation in marching on to Jihad even if it has to be all alone, for Allah is his helper. With this guidance on hand, he went ahead to Badr Minor with seventy Companions as promised to Abu Sufyan after the battle of Uhud. There it so happened that Allah Almighty put awe and fear in the hearts of Abu Sufyan and his disbelieving accomplices from the tribe of Quraysh. Not one of them showed up for the fight as a result of which they turned out to be false in their solemn promise. Thus, as the text says, Allah Almighty prevented the mischief of the disbelievers and the Holy Prophet ﷺ returned back with his companions safely (Qurtubi Mazhari).</p><p>The Eloquent style of Qur'anic Injunctions</p><p>The verse begins with the command to the Holy Prophet ﷺ : 'So, fight in the way of Allah'. This direction is addressed to the Holy Prophet ﷺ which implies that he should fight alone - irrespective of whether anyone is ready to go with him. But, in the second sentence following immediately, it was also said that he should not shelve or surrender the mission of inducing other Muslims to join in the Jihad. However, if they remain unresponsive even after the effort of persuasion, the mission of the prophet has been accomplished who, from that point onwards, will not be responsible for what they do.</p><p>In addition to this, the possible danger in having to fight alone has been removed by saying: 'It is likely that Allah will prevent the mischief of those who disbelieve': May be He puts awe in their hearts and they stand subdued and he succeeds all alone. How could such success become possible? The proof follows immediately when it is declared that he is being helped and supported by Allah Almighty whose strength and might at war far exceeds those of such disbelievers, therefore, it is certain that success has got to be his. After that, coupled with this statement about the Divine strength in war, the text relates how Allah is the mightiest in punishing. This punishment may be on the Day of Judgement as obvious, or may come right here in this mortal world as stated by some commentators. Whichever the case, 'Allah is the strongest in war and the mightiest in punishing.'</p>
CommentaryThe Background of RevelationWhen the battle of Uhud came to pass in the month of Shawwal, the Holy Prophet ﷺ ، in keeping with the promised date set by the disbelievers, started preparations to confront them at Badr in the month of Dhi-Qa'dah (historians identify which as the minor Badr). At that time, some people betrayed a little hesitation in going along because of having been recently wounded, while some others did so because of rumours. Thereupon, Allah Almighty revealed this verse where guidance has been given to the Holy Prophet ﷺ that he should ignore the infirm and the scared among Muslims and show no hesitation in marching on to Jihad even if it has to be all alone, for Allah is his helper. With this guidance on hand, he went ahead to Badr Minor with seventy Companions as promised to Abu Sufyan after the battle of Uhud. There it so happened that Allah Almighty put awe and fear in the hearts of Abu Sufyan and his disbelieving accomplices from the tribe of Quraysh. Not one of them showed up for the fight as a result of which they turned out to be false in their solemn promise. Thus, as the text says, Allah Almighty prevented the mischief of the disbelievers and the Holy Prophet ﷺ returned back with his companions safely (Qurtubi Mazhari).The Eloquent style of Qur'anic InjunctionsThe verse begins with the command to the Holy Prophet ﷺ : 'So, fight in the way of Allah'. This direction is addressed to the Holy Prophet ﷺ which implies that he should fight alone - irrespective of whether anyone is ready to go with him. But, in the second sentence following immediately, it was also said that he should not shelve or surrender the mission of inducing other Muslims to join in the Jihad. However, if they remain unresponsive even after the effort of persuasion, the mission of the prophet has been accomplished who, from that point onwards, will not be responsible for what they do.In addition to this, the possible danger in having to fight alone has been removed by saying: 'It is likely that Allah will prevent the mischief of those who disbelieve': May be He puts awe in their hearts and they stand subdued and he succeeds all alone. How could such success become possible? The proof follows immediately when it is declared that he is being helped and supported by Allah Almighty whose strength and might at war far exceeds those of such disbelievers, therefore, it is certain that success has got to be his. After that, coupled with this statement about the Divine strength in war, the text relates how Allah is the mightiest in punishing. This punishment may be on the Day of Judgement as obvious, or may come right here in this mortal world as stated by some commentators. Whichever the case, 'Allah is the strongest in war and the mightiest in punishing.'
84
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مَّن يَشْفَعْ شَفَٰعَةً حَسَنَةً يَكُن لَّهُۥ نَصِيبٌ مِّنْهَا وَمَن يَشْفَعْ شَفَٰعَةً سَيِّئَةً يَكُن لَّهُۥ كِفْلٌ مِّنْهَا وَكَانَ ٱللَّهُ عَلَىٰ كُلِّ شَىْءٍ مُّقِيتًا
<p>Commentary</p><p>The Reality of Recommendation and its rules and kinds</p><p>Verse 85 beginning with مَّن يَشْفَعْ شَفَاعَةً حَسَنَةً points out to the act of شَفَاعَۃ 'shafah' (recommendation) under two heads, the good and the bad, a division which helps clarify its nature. The added message here is that no recommendation is universally good or bad. What has to be realized is that one who makes a good recommendation shall have a share in the reward it brings and whoever makes a bad recommendation shall have a share in the punishment it brings. It will be noted that the word: نَصِيبٌ 'nasibun' (share) has been used with 'shafa` atan hasanatan' (good recommendation) while the word: كِفْلٌ 'kiflun' (share) has been used with شَفَاعَةً حَسَنَةً 'shafatan sayyiatan' (bad recommendation). Lexically, both words carry the some meaning, that is, a share of something. But, in common usage, 'nasib' refers to a good share while the word 'kifl' is, more than often, used to identify a bad share, although there are occasions when 'kif l' is also used for a good share as well, like " کِفلَین مِن رَّحمَتِہ " (two shares from His mercy) in the Holy Qur'an.</p><p>The literal meaning of 'shafa` ah' is to meet, to join; or, cause to meet or join. This is why the word 'shaf' means an even number, a pair or couple in Arabic, the antonym of which is referred to as 'witr' or odd. So, speaking literally, 'shafa` ah' means the coupling of one's strength with that of a weak seeker of justice and thus making it stronger in appeal. Or, in other words, joining in with some helpless solitary person and thus giving him the strength of a pair.</p><p>From here we find out that for recommendation to be fair and permissible the condition is that the claim of the person being recommended be true and permissible. Then, in the second place, it may be that a person cannot carry his claim all by himself to those in authority because of his weakness or lack of resource, something which you may do for him. Thus, we can clearly see that making a recommendation for what is not true and rightful, or forcibly influencing others to accept it, is included under bad recommendation. Consequently, we also know that pressure or authority exerted through the channels of one's connections and influence is also not permissible because it is an act of injustice. Therefore, this too will be counted as 'bad recommendation'.</p><p>To sum up the meaning of the verse, it can be said that one who makes a recommendation following the permissible way for someone's permissible claim or job, will have a share in its reward. Similarly, one who makes a recommendation for something impermissible or uses an impermissible method to do so, will have a share in its punishment.</p><p>Having a share means that, should the person to whom the recommendation has been made do the needful for the one oppressed or deprived, the person making the recommendation will be rewarded very much like the official who has listened to the recommendation and removed the injustice or deprivation cited therein. Similarly, one who makes a recommendation for something impermissible will obviously become a sinner - we already know that the reward or punishment of the maker of a recommendation does not depend on his recommendation becoming effective and fruitful; he will get his share in any case.</p><p>The Holy Prophet ﷺ has said: اَلدَّالُ عَلَی الخیر کَفَاعِلِہِ that is, a person who brings someone around to do a good deed gets a reward similar to that received by the doer of the good deed. In another hadith from Sayyidna Abu Hurairah ؓ عنہ appearing in Ibn Majah, the Holy Prophet ﷺ ، UI has been reported to have said:</p><p>مَن اعان علی قتل مؤمن بشطر کلمۃ اللہ لقی اللہ مکتوب بین عینیہ ، اَیٔس من رحمۃ اللہ</p><p>Whoever helps in the killing of a Muslim even by part of a word will face Allah with a sign written (on his forehead) in between his eyes: (This man is) "deprived from the mercy of Allah) ".</p><p>From here we find out that prompting someone to do a good deed is a good deed in its own right and carries an identical reward for having done it and, by the same token, prompting someone to do an evil deed or to indulge in an act of sin is also a sin of equal gravity.</p><p>Towards the end of verse 85, it was said: وَكَانَ اللَّـهُ عَلَىٰ كُلِّ شَيْءٍ مُّقِيتًا ﴿85﴾ which has been translated as: And Allah is powerful over everything'. Lexically, the word, مُّقِيت is 'muqit' means powerful as well as the observer and the dispenser of sustenance. All these three meanings can be deduced from this statement. In the first sense, the meaning would be that Allah is powerful over everything. For Him the rewarding and punishing of the one who makes a recommendation and the one who executes it is not difficult. Taken in the second sense, the meaning would be that Allah is ever-present observing everything. He knows best who is making a recommendation with what intention, such as, is it being done sincerely to help out some brother-in-faith just for the sake of Allah and His pleasure, or the purpose is to make him a target of self-interest and get some advantage out of him as a bribe. Taken in the third sense, the meaning would be that Allah Almighty is Himself responsible for the dispensation of sustenance; whatever He has written for someone has got to reach him. A recommendation by someone is not going to leave Him, choiceless. In fact, He will bestow on whomsoever He wills as much of sustenance as He wills. However, the maker of a good recommendation gets a reward for free because he has extended a helping hand to the helpless.</p><p>The Holy Prophet ﷺ has said:</p><p>کَانَ اللہ فی عون عبدہ ما دام فی عون اخیہ</p><p>Allah keeps helping His servant as long as he keeps helping his brother.</p><p>It is on this basis that the Holy Prophet ﷺ has said as reported in a hadith of Sahih al-Bukhari:</p><p>اشفعوا فلتوجروا و یقضی اللہ علی لسان نبیّہ ماشاءَ</p><p>Recommend and be rewarded and then be pleased with whatever Allah decides through His prophet.</p><p>While this hadith declares recommendation as a source of Divine reward, it also defines the limit of such recommendation. If a weak person cannot carry his problem onward to a higher authority, or is incapable of explaining correctly what he needs, then, you do it for him. Further from that what happens is none of your business. The recommendation may be accepted or it may be rejected. at a person needs to be done may be done, or it may remain undone. These are possibilities and you should not interfere in the process of decision-making in any manner whatsoever. Should the final outcome turn out to be against the recommendation made, you should never end up being displeased or disgusted. The last sentence of the hadith quoted above: یقضی اللہ علی لسان نبیّہ ماشاءَ means just this. Also, due to this reason, the words of the Holy Qur'an carry a hint in this direction, that is, the reward or punishment on the making of a recommendation does not depend on a successful recommendation. Such reward or punishment relates to the initial act of making a recommendation in the absolute sense. If you make a good recommendation, you become deserving of a reward and if you make a bad recommendation, you become liable to punishment - the approval or rejection of your recommendation does not matter.</p><p>The commentators of Tafsir al-Bahr al-Muhit and Bayan al-Qur'an and several others take the word مِنھَا 'minha in verse 85 as indicative of cause and see a hint in this direction. Al-Tafsir a1-Mazhari reports from the great exegete Mujahid that one who makes a recommendation will get a reward for having made it, even though the recommendation may not have been accepted. Then, this approach is not specially related to the Holy Prophet ﷺ in person. Any recommendation made to any other human being should be bound by this principle - make the recommendation and be done with it. Moving any further to compel the addressee of the recommendation to accept it is not right and fair. This is illustrated by an incident in the blessed life of the Holy Prophet ﷺ . He made a recommendation to Sayyidah Barirah; a bondwoman freed by Sayyidah ` A'ishah ؓ that her husband Mughith from whom she had dissolved her marriage was really disturbed emotionally because he loved her, so she may think of remarrying him. Sayyidah Barirah ؓ said: 'Ya Rasulallah, if this is your command, I am all for it; but, if this is a recommendation, then, I just do not feel like accepting it at all.' The Holy Prophet ﷺ said: 'Yes, this is a recommendation and not a command.' Sayyidah Barirah may Allah be pleased with her, knew that the Holy Prophet ﷺ will not feel bad about what is against the set rule. Therefore, in all frankness, she said: 'Then I do not accept this recommendation.' He took it very gracefully and let her stay the way she was.</p><p>This was the whole reality behind the act of recommendation, something which brought merit and reward under the legal code of Islam. But, in our day, people have so mutilated the whole thing that no 'shafa` ah' or recommendation remains what it was intended to be. What we witness now is a pushy exercise of cashing on the basis of connections, acquaintance and VIP influence for which relentless pressure is exerted. This is why people become angry when their recommendation is not accepted. Some would even stoop down to open hostility, although pressurizing a person to a limit where he is compelled to do something against his conscience and good discretion is included under compulsion and coercion and is a grave sin. This is just like someone forcibly usurping the claim, right or property belonging to the other person. Wasn't that person free and independent as established by the law of Islam? Here comes someone who deprives him of his freedom of action by pressing him to do something against his free will and conscience. This would be like stealing from someone and giving it to a destitute in order to fulfill his need.</p><p>Receiving Payment against a Recommendation is Bribe and is Absolutely Forbidden</p><p>A recommendation against which anything is taken in return becomes a bribe. The hadith declares it to be an ill-gotten property which is haram (forbidden). This includes all kinds of bribe whether money-oriented or job-related, for instance, harnessing someone to do a personal chore in return for having done something for him.</p><p>According to Tafsir al-Kashshaf, a good recommendation is that which aims at fulfilling the right of a Muslim, or to bring some permissible benefit to him, or to shield him from harm or loss. Furthermore, this act of recommendation should not be for any worldly expediency. It should be aimed at helping a weak person exclusively for seeking the pleasure of Allah. Then no bribe, financial or physical, should be taken against this recommendation and that this recommendation should also not be about things not permissible. In addition to all that, the purpose of this recommendation should not be to seek pardon for a proven crime the punishment for which stands fixed in the Holy Qur'an.</p><p>It appears in Tafsir Al-Bahr Al-Muhit and al-Mazhari that praying to Allah that the need of some Muslim be fulfilled is also included under 'good recommendation', the reward for which reaches the maker of the prayer as well. According to a hadith, when someone prays for the good of his brother-in-faith, the angel says: و لک بمثل which means - may Allah fulfill your need as well.'</p>
CommentaryThe Reality of Recommendation and its rules and kindsVerse 85 beginning with مَّن يَشْفَعْ شَفَاعَةً حَسَنَةً points out to the act of شَفَاعَۃ 'shafah' (recommendation) under two heads, the good and the bad, a division which helps clarify its nature. The added message here is that no recommendation is universally good or bad. What has to be realized is that one who makes a good recommendation shall have a share in the reward it brings and whoever makes a bad recommendation shall have a share in the punishment it brings. It will be noted that the word: نَصِيبٌ 'nasibun' (share) has been used with 'shafa` atan hasanatan' (good recommendation) while the word: كِفْلٌ 'kiflun' (share) has been used with شَفَاعَةً حَسَنَةً 'shafatan sayyiatan' (bad recommendation). Lexically, both words carry the some meaning, that is, a share of something. But, in common usage, 'nasib' refers to a good share while the word 'kifl' is, more than often, used to identify a bad share, although there are occasions when 'kif l' is also used for a good share as well, like " کِفلَین مِن رَّحمَتِہ " (two shares from His mercy) in the Holy Qur'an.The literal meaning of 'shafa` ah' is to meet, to join; or, cause to meet or join. This is why the word 'shaf' means an even number, a pair or couple in Arabic, the antonym of which is referred to as 'witr' or odd. So, speaking literally, 'shafa` ah' means the coupling of one's strength with that of a weak seeker of justice and thus making it stronger in appeal. Or, in other words, joining in with some helpless solitary person and thus giving him the strength of a pair.From here we find out that for recommendation to be fair and permissible the condition is that the claim of the person being recommended be true and permissible. Then, in the second place, it may be that a person cannot carry his claim all by himself to those in authority because of his weakness or lack of resource, something which you may do for him. Thus, we can clearly see that making a recommendation for what is not true and rightful, or forcibly influencing others to accept it, is included under bad recommendation. Consequently, we also know that pressure or authority exerted through the channels of one's connections and influence is also not permissible because it is an act of injustice. Therefore, this too will be counted as 'bad recommendation'.To sum up the meaning of the verse, it can be said that one who makes a recommendation following the permissible way for someone's permissible claim or job, will have a share in its reward. Similarly, one who makes a recommendation for something impermissible or uses an impermissible method to do so, will have a share in its punishment.Having a share means that, should the person to whom the recommendation has been made do the needful for the one oppressed or deprived, the person making the recommendation will be rewarded very much like the official who has listened to the recommendation and removed the injustice or deprivation cited therein. Similarly, one who makes a recommendation for something impermissible will obviously become a sinner - we already know that the reward or punishment of the maker of a recommendation does not depend on his recommendation becoming effective and fruitful; he will get his share in any case.The Holy Prophet ﷺ has said: اَلدَّالُ عَلَی الخیر کَفَاعِلِہِ that is, a person who brings someone around to do a good deed gets a reward similar to that received by the doer of the good deed. In another hadith from Sayyidna Abu Hurairah ؓ عنہ appearing in Ibn Majah, the Holy Prophet ﷺ ، UI has been reported to have said:مَن اعان علی قتل مؤمن بشطر کلمۃ اللہ لقی اللہ مکتوب بین عینیہ ، اَیٔس من رحمۃ اللہWhoever helps in the killing of a Muslim even by part of a word will face Allah with a sign written (on his forehead) in between his eyes: (This man is) "deprived from the mercy of Allah) ".From here we find out that prompting someone to do a good deed is a good deed in its own right and carries an identical reward for having done it and, by the same token, prompting someone to do an evil deed or to indulge in an act of sin is also a sin of equal gravity.Towards the end of verse 85, it was said: وَكَانَ اللَّـهُ عَلَىٰ كُلِّ شَيْءٍ مُّقِيتًا ﴿85﴾ which has been translated as: And Allah is powerful over everything'. Lexically, the word, مُّقِيت is 'muqit' means powerful as well as the observer and the dispenser of sustenance. All these three meanings can be deduced from this statement. In the first sense, the meaning would be that Allah is powerful over everything. For Him the rewarding and punishing of the one who makes a recommendation and the one who executes it is not difficult. Taken in the second sense, the meaning would be that Allah is ever-present observing everything. He knows best who is making a recommendation with what intention, such as, is it being done sincerely to help out some brother-in-faith just for the sake of Allah and His pleasure, or the purpose is to make him a target of self-interest and get some advantage out of him as a bribe. Taken in the third sense, the meaning would be that Allah Almighty is Himself responsible for the dispensation of sustenance; whatever He has written for someone has got to reach him. A recommendation by someone is not going to leave Him, choiceless. In fact, He will bestow on whomsoever He wills as much of sustenance as He wills. However, the maker of a good recommendation gets a reward for free because he has extended a helping hand to the helpless.The Holy Prophet ﷺ has said:کَانَ اللہ فی عون عبدہ ما دام فی عون اخیہAllah keeps helping His servant as long as he keeps helping his brother.It is on this basis that the Holy Prophet ﷺ has said as reported in a hadith of Sahih al-Bukhari:اشفعوا فلتوجروا و یقضی اللہ علی لسان نبیّہ ماشاءَRecommend and be rewarded and then be pleased with whatever Allah decides through His prophet.While this hadith declares recommendation as a source of Divine reward, it also defines the limit of such recommendation. If a weak person cannot carry his problem onward to a higher authority, or is incapable of explaining correctly what he needs, then, you do it for him. Further from that what happens is none of your business. The recommendation may be accepted or it may be rejected. at a person needs to be done may be done, or it may remain undone. These are possibilities and you should not interfere in the process of decision-making in any manner whatsoever. Should the final outcome turn out to be against the recommendation made, you should never end up being displeased or disgusted. The last sentence of the hadith quoted above: یقضی اللہ علی لسان نبیّہ ماشاءَ means just this. Also, due to this reason, the words of the Holy Qur'an carry a hint in this direction, that is, the reward or punishment on the making of a recommendation does not depend on a successful recommendation. Such reward or punishment relates to the initial act of making a recommendation in the absolute sense. If you make a good recommendation, you become deserving of a reward and if you make a bad recommendation, you become liable to punishment - the approval or rejection of your recommendation does not matter.The commentators of Tafsir al-Bahr al-Muhit and Bayan al-Qur'an and several others take the word مِنھَا 'minha in verse 85 as indicative of cause and see a hint in this direction. Al-Tafsir a1-Mazhari reports from the great exegete Mujahid that one who makes a recommendation will get a reward for having made it, even though the recommendation may not have been accepted. Then, this approach is not specially related to the Holy Prophet ﷺ in person. Any recommendation made to any other human being should be bound by this principle - make the recommendation and be done with it. Moving any further to compel the addressee of the recommendation to accept it is not right and fair. This is illustrated by an incident in the blessed life of the Holy Prophet ﷺ . He made a recommendation to Sayyidah Barirah; a bondwoman freed by Sayyidah ` A'ishah ؓ that her husband Mughith from whom she had dissolved her marriage was really disturbed emotionally because he loved her, so she may think of remarrying him. Sayyidah Barirah ؓ said: 'Ya Rasulallah, if this is your command, I am all for it; but, if this is a recommendation, then, I just do not feel like accepting it at all.' The Holy Prophet ﷺ said: 'Yes, this is a recommendation and not a command.' Sayyidah Barirah may Allah be pleased with her, knew that the Holy Prophet ﷺ will not feel bad about what is against the set rule. Therefore, in all frankness, she said: 'Then I do not accept this recommendation.' He took it very gracefully and let her stay the way she was.This was the whole reality behind the act of recommendation, something which brought merit and reward under the legal code of Islam. But, in our day, people have so mutilated the whole thing that no 'shafa` ah' or recommendation remains what it was intended to be. What we witness now is a pushy exercise of cashing on the basis of connections, acquaintance and VIP influence for which relentless pressure is exerted. This is why people become angry when their recommendation is not accepted. Some would even stoop down to open hostility, although pressurizing a person to a limit where he is compelled to do something against his conscience and good discretion is included under compulsion and coercion and is a grave sin. This is just like someone forcibly usurping the claim, right or property belonging to the other person. Wasn't that person free and independent as established by the law of Islam? Here comes someone who deprives him of his freedom of action by pressing him to do something against his free will and conscience. This would be like stealing from someone and giving it to a destitute in order to fulfill his need.Receiving Payment against a Recommendation is Bribe and is Absolutely ForbiddenA recommendation against which anything is taken in return becomes a bribe. The hadith declares it to be an ill-gotten property which is haram (forbidden). This includes all kinds of bribe whether money-oriented or job-related, for instance, harnessing someone to do a personal chore in return for having done something for him.According to Tafsir al-Kashshaf, a good recommendation is that which aims at fulfilling the right of a Muslim, or to bring some permissible benefit to him, or to shield him from harm or loss. Furthermore, this act of recommendation should not be for any worldly expediency. It should be aimed at helping a weak person exclusively for seeking the pleasure of Allah. Then no bribe, financial or physical, should be taken against this recommendation and that this recommendation should also not be about things not permissible. In addition to all that, the purpose of this recommendation should not be to seek pardon for a proven crime the punishment for which stands fixed in the Holy Qur'an.It appears in Tafsir Al-Bahr Al-Muhit and al-Mazhari that praying to Allah that the need of some Muslim be fulfilled is also included under 'good recommendation', the reward for which reaches the maker of the prayer as well. According to a hadith, when someone prays for the good of his brother-in-faith, the angel says: و لک بمثل which means - may Allah fulfill your need as well.'
85
4
وَإِذَا حُيِّيتُم بِتَحِيَّةٍ فَحَيُّوا۟ بِأَحْسَنَ مِنْهَآ أَوْ رُدُّوهَآ إِنَّ ٱللَّهَ كَانَ عَلَىٰ كُلِّ شَىْءٍ حَسِيبًا
<p>Salam and Islam : The Bliss of Muslim Greeting</p><p>In verse 86 which begins with the words:</p><p>وَإِذَا حُيِّيتُم بِتَحِيَّةٍ فَحَيُّوا بِأَحْسَنَ مِنْهَا</p><p>Allah Almighty tells us the etiquette of offering and returning greetings known as Salam among Muslims.</p><p>Lexically, تَحَیَّۃ 'Tahiyyah' means sayings حَیَّکَ اللہ :'Hayyakallah', that is, 'may Allah keep you alive'. In pre-Islam Arabia, when people met, they used to greet each other by saying 'Hayyakallah' or An` amallahu bika ` aynan' or ` An` im sabahan' or other expression of this nature. When Islam came, it changed this style of greeting and replaced it with a standard form of greeting which is السلام علیکم 'As-Salamu Alaikum` Commonly, though incompletely, translated in English as 'peace be on you', the greeting means: 'May you remain safe from every pain, sorrow and distress.'</p><p>In Ahkam al-Qur'an, Ibn ` Arabi says: The word Salam is one of the good names of Allah Almighty and السلام علیکم As-Salamu Alaikum' means ; that is, Allah Almighty is your guardian and caretaker.</p><p>The Islamic greeting is unique</p><p>All civilized people around the world have the custom of saying something to express mutual familiarity or affection when they meet each other. If compared with these broadmindedly, the Islamic form of greeting will stand out significantly for its comprehensiveness because it does not simply restrict itself to an expression of affection alone. It rather combines it with the fulfillment of the demands of love and affection. It means that we pray to Allah that He keep you safe against all calamities and sorrows. Then, this is no bland prayer for long life alone as was the way with pre-Islam Arabs. Instead of that, here we have a prayer for good life, that is, a life which is secure against all calamities and sorrows. Along with it, the Islamic salam is an expression of the reality of our relation with Allah Almighty - that we, the greeter and the greeted, are all dependent on Allah Almighty needing Him all the time and no one can bring any benefit to someone else without His will and leave. Taken in this sense, this form of greeting is an act of worship in its own right and, quite functionally indeed, a medium of reminding a brother-in-faith of Allah Almighty, the object of his obedience and love.</p><p>Staying with this line of presentation, let us imagine a person praying to Allah that his acquaintance remain safe against all calamities and sorrows. When doing so, is it not that he is sort of making a promise as well that the person being greeted is safe against his own hands and tongue. In other words, he is saying that he, in his place, is the guardian and protector of the person's life, property and honour.</p><p>In Ahkam al-Qur'an, Ibn al ` Arabi has reported the following saying of Imam Ibn ` Uyaynah:</p><p>اَتَدری ما السلام ؟ یقول اَنتَ اٰمِن مِّنِّی</p><p>Do you know what salam Is? The greeter by sal am says: 'You are safe from me.'</p><p>To sum up, it can be said that this Islamic form of greeting has a universal comprehensiveness as it is a medium of the remembrance of Allah while reminding the person greeted of Him. It is a vehicle of expressing love and affection for a brother-in-faith and, in fact, a wonderful prayer for him. Then, it also carries a commitment that the greeted will in no way face harm or discomfort from the greeter as it appears is a sound hadith where the Holy Prophet ﷺ said:</p><p>اَلمُسلِمُ مَن سَلِمَ المُسلِمونَ مِن لِّسَانِہِ و یَدِہِ</p><p>A Muslim is the one from whom all Muslims remain safe - (safe) from his tongue and (safe) from his hands. (Tirmidhi, Kitabul-'Iman)</p><p>At this point one may fondly wish that Muslims would not utter the words of this greeting as some sort of habitual custom which commonly prevails among other people of the world. How beneficial it would be if this greeting is offered out of a full understanding of its reality which, perhaps, may turn out to be enough for the reform of whole community. This is the reason why the Holy Prophet ﷺ laid great emphasis on popularizing the practice of Muslims in greeting each other with salam, and he identified it as the best of deeds and took time to explain its merits, graces, blessings and rewards. In a hadith of Sahih Muslim narrated by Sayyidna Abu Hurairah ؓ ، the Holy Prophet ﷺ has been reported to have said:</p><p>''You cannot enter Paradise until you are a believer and your belief cannot be complete until you love each other. I tell you something which, if you put it in practice, will establish bonds of love among you all, and that is: Make salam a common practice among you which should include every Muslim, whether an acquaintance or a stranger."</p><p>Sayyidna ` Abdullah ibn ` Umar رضی اللہ تعالیٰ عنہما ، says that someone asked the Holy Prophet ﷺ : 'Out of the practices of Islam which is the worthiest?' He said: 'Feed people and spread the practice of salam, whether you know or do not know a person.' (Bukhari and Muslim)</p><p>The Musnad of Ahmad, Tirmidhi and Abu Dawud report from Sayyidna Abu Umamah ؓ that the Holy Prophet ﷺ said: 'Nearest to Allah is the person who is the first one to offer salam.'</p><p>A hadith from Sayyidna ` Abdullah ibn Masud ؓ عنہما appearing in Musnad al-Bazzar and al-Mu'jim al-Kabir of al-Tabarani reports that the Holy Prophet ﷺ said: 'Salam is one of the names of Allah Almighty with which He has blessed the people of the earth. So, make salam a common practice among you because, when a Muslim goes to a gathering of people and offers his salam to them, he is blessed with a station of distinction in the sight of Allah Almighty as he reminded everyone of Salam, that is, reminded everyone of Allah Almighty. If people in the gathering do not return his greeting, others will respond who are better than the people of this gathering, that is, the angels of Allah Almighty.'</p><p>In another hadith from Sayyidna Abu Hurairah ؓ the Holy Prophet ﷺ is reported to have said: 'A big miser is the man who acts miserly in offering salam. (Tabarani, al-Mu` jim al-Kabir)</p><p>The effect that those teachings of the Holy Prophets had on his noble Companions can be gauged from a narration about Sayyidna ` Abdullah ibn ` Umar ؓ ، who would frequently go to the bazaar just for the single purpose of having a chance to meet any Muslim there in the hope of offering salam to him and thus become deserving of the reward of an act of worship. Incidentally, he never intended to buy or sell anything while there. This narration from Sayyidna Tufayl ibn Ubayy ibn Ka'b ؓ appears in Mu'atta' of Imam Malik (رح) .</p><p>Verse 4:86 of the Holy Qur'an which says: 'And when you are greeted with a salutation, greet with one better than it, or return the same', was explained by the Holy Prophet ﷺ through his own action in the following manner. Once someone came to the Holy Prophet ﷺ and said: 'As-Salam, u Alaikum Ya Rasulallah' (peace be on you, 0 Messenger of Allah). While returning the greeting, he added a word and said: 'Wa Alaikumus-Salam wa Rahmatulah (And peace be on you, and the mercy of Allah). Then someone else came and offered his salam using the following words: 'As-Salamu Alaika Ya Rasulallah wa Rahmatullah.' In response, he added yet another word and said: 'Wa Alaikumus-Salem wa Rahmatullahi wa Barakatuh (And peace be on you too, and the mercy of Allah, and His blessings). Then came a third person. He combined all three saluta-tions in his initial salam and greeted him by saying the whole thing, that is: 'As-Sala-mu Alaik Ye Rasulallah wa Rahmatullahi wa Barakatuh.' In response, the Holy Prophet ﷺ said only one word 'Wa Alaik' (and on you). Disappointed in his heart, he said: 'Ya Rasulallah, ransomed be my parents for you, you said many words of prayer while returning the greeting of those who came before me. But, when I greeted you with all those words, you limited your response to 'wa 'alaik' (and on you).' He said: 'You left nothing for me to add in the response! Since you used up all those words in your initial salam, I found it sufficient to return your greeting on the principle of like for like in accordance with the teaching of the Qur'an.' This narration has been reported by Ibn Jarir and Ibn Abi Hatim ؓ with different chains of authorities.</p><p>There are three things we find out from this hadith: Words appearing in the verse under comment mean that a salam offered should be returned by adding more words to it. If someone says Assalamu Alaikum (peace be on you), you respond by saying Wa Alaikumus-Salam wa Rahmatullah (And peace be on you, and the mercy of Allah). If he says As-Sala-mu Alaikum wa Rahmatullah (peace be on you, and the mercy of Allah), then, in response, you say Wa Alaikumus-Salam wa Rahmatullahi wa Barakatuh (And peace be on you, and the mercy of Allah, and His blessings).</p><p>2. This addition of words is restricted to three words only as a masnun act, that is, conforming to the blessed practice of the Holy Prophet ﷺ . Going beyond that is not masnun. The logic behind it is obvious. The occasion for salam requires that the verbal exchange be brief. Any excess in this connection which interferes with ongoing business or which becomes heavy on the listener is not appropriate. Therefore, when the person visiting the Holy Prophet ﷺ combined all three words in his very initial salam, he elected to abstain from any further addition of words. This was further explained by Sayyidna ` Abdullah ibn ` Abbas ؓ by saying that the Holy Prophet ﷺ stopped the man who went beyond the limit of the three words with the following statement اِنِّ السَّلَامَ قَدِ انتَھٰی اِلَی البَرَکَۃِ (Mazhari from al-Baghawi). It means that salam ends at the word, barakah. Saying anything beyond that was not the practice of the blessed Prophet ﷺ . (Ibn Kathir)</p><p>3. If someone makes his salam with three words spoken at the same time, returning it with only one word will be correct. That too comes under the principle of like for like and is sufficient in obedience to the Qur'anic command أَوْ رُ‌دُّوهَا (or return the same) as the Holy Prophet ﷺ has, in this hadith, considered a one-word response as sufficient. (Tafsir Mazhari)</p><p>In summation, we can say that it is obligatory on a Muslim to return the salam offered to him. If he fails to do so without any valid excuse admitted by the Shari’ ah of Islam, he will become a sinner. However, he has the option to choose the mode. He can either respond with words better than those used in offering the salam; or, the response could be in identical words.</p><p>It will be noticed that this verse very clearly states that returning a salam is obligatory but it is not explicit on the nature of offering a salam initially. However, in the Qur'anic expression إِذَا حُيِّيتُم (And when you are greeted .. ) there does lie a hint pointing towards this rule of conduct. That this statement is in the passive voice without identifying the subject precisely could be suggestive of salam being something all Muslims already do habitually and commonly.</p><p>The Musnad of Ahmad, al-Tirmidhi and Abu Dawud report that the Holy Prophet ﷺ said: 'Nearest to Allah is the person who is the first to offer salam.' So, from the emphasis on salam and its many merits you have learnt from the teachings of the Holy Prophet cited earlier, we get to understand that offering the initial salam has also been emphasized as part of the practice of the Holy Prophet ﷺ . According to Tafsir al-Bahr al-Muhit, the initial salam is actually a sunnah mu'akkadah (emphasized practice of the Prophet of Islam) as held by the majority of ` Ulama. And Hasan al-Basri (رح) said: السلام تطوع والرد فریضہ ، that is, 'the initial salam is voluntary while returning it is an obligation.'</p><p>Some more detailed explanations of this Qur'anic injunctions about salam and its answer have been given by the Holy Prophet ﷺ which the reader may wish to know briefly. According to a hadith in al-Bukhari and Muslim, the person riding should himself offer salam to the person walking; and the person walking should offer salam to the person sitting; and a small group of persons walking near a larger group should be the first to offer salam.</p><p>According to a hadith in Tirmidhi, when a person enters his house, he should offer salam to the members of his family as this act of grace will bring blessings for him as well as for his family.</p><p>According to a hadith in Abu Dawud, when one meets a Muslim more than once, he should offer salam every time; and the way offering salam is masnun (a requirement of sunnah) at the time of the initial meeting, so it is at the time of seeking leave when offering salam is in line with the practice of the Holy Prophet ﷺ ، and a source of reward as well. This rule of guidance appears in Tirmidhi and Abu Dawud as narrated by Sayyidna Qatadah and Abu Hurairah ؓ .</p><p>Now a note of caution about the rule: It is obligatory to answer salam - however, there are certain exceptions to it. For instance, if someone says salam to a person who is offering salah, an answer is not obligatory. Indeed, it is a spoiler of salah. Similarly, a person may be delivering a religious sermon, or is busy in reciting the Holy Qur'an, or is calling the adhan or iqamah, or is teaching religious texts, or is busy with his human compulsions - in all such conditions, even offering the initial salam is not permissible, and he is not responsible for answering it as a matter of obligation either.</p><p>Towards the end of verse .86, it was said: إِنَّ اللَّـهَ كَانَ عَلَىٰ كُلِّ شَيْءٍ حَسِيبًا (Surely, Allah is the Reckoner over everything). It means that with Allah rests the reckoning of everything which includes all human and Islamic rights such as salam and its answer. These too will have to be accounted for before Allah Almighty.</p>
Salam and Islam : The Bliss of Muslim GreetingIn verse 86 which begins with the words:وَإِذَا حُيِّيتُم بِتَحِيَّةٍ فَحَيُّوا بِأَحْسَنَ مِنْهَاAllah Almighty tells us the etiquette of offering and returning greetings known as Salam among Muslims.Lexically, تَحَیَّۃ 'Tahiyyah' means sayings حَیَّکَ اللہ :'Hayyakallah', that is, 'may Allah keep you alive'. In pre-Islam Arabia, when people met, they used to greet each other by saying 'Hayyakallah' or An` amallahu bika ` aynan' or ` An` im sabahan' or other expression of this nature. When Islam came, it changed this style of greeting and replaced it with a standard form of greeting which is السلام علیکم 'As-Salamu Alaikum` Commonly, though incompletely, translated in English as 'peace be on you', the greeting means: 'May you remain safe from every pain, sorrow and distress.'In Ahkam al-Qur'an, Ibn ` Arabi says: The word Salam is one of the good names of Allah Almighty and السلام علیکم As-Salamu Alaikum' means ; that is, Allah Almighty is your guardian and caretaker.The Islamic greeting is uniqueAll civilized people around the world have the custom of saying something to express mutual familiarity or affection when they meet each other. If compared with these broadmindedly, the Islamic form of greeting will stand out significantly for its comprehensiveness because it does not simply restrict itself to an expression of affection alone. It rather combines it with the fulfillment of the demands of love and affection. It means that we pray to Allah that He keep you safe against all calamities and sorrows. Then, this is no bland prayer for long life alone as was the way with pre-Islam Arabs. Instead of that, here we have a prayer for good life, that is, a life which is secure against all calamities and sorrows. Along with it, the Islamic salam is an expression of the reality of our relation with Allah Almighty - that we, the greeter and the greeted, are all dependent on Allah Almighty needing Him all the time and no one can bring any benefit to someone else without His will and leave. Taken in this sense, this form of greeting is an act of worship in its own right and, quite functionally indeed, a medium of reminding a brother-in-faith of Allah Almighty, the object of his obedience and love.Staying with this line of presentation, let us imagine a person praying to Allah that his acquaintance remain safe against all calamities and sorrows. When doing so, is it not that he is sort of making a promise as well that the person being greeted is safe against his own hands and tongue. In other words, he is saying that he, in his place, is the guardian and protector of the person's life, property and honour.In Ahkam al-Qur'an, Ibn al ` Arabi has reported the following saying of Imam Ibn ` Uyaynah:اَتَدری ما السلام ؟ یقول اَنتَ اٰمِن مِّنِّیDo you know what salam Is? The greeter by sal am says: 'You are safe from me.'To sum up, it can be said that this Islamic form of greeting has a universal comprehensiveness as it is a medium of the remembrance of Allah while reminding the person greeted of Him. It is a vehicle of expressing love and affection for a brother-in-faith and, in fact, a wonderful prayer for him. Then, it also carries a commitment that the greeted will in no way face harm or discomfort from the greeter as it appears is a sound hadith where the Holy Prophet ﷺ said:اَلمُسلِمُ مَن سَلِمَ المُسلِمونَ مِن لِّسَانِہِ و یَدِہِA Muslim is the one from whom all Muslims remain safe - (safe) from his tongue and (safe) from his hands. (Tirmidhi, Kitabul-'Iman)At this point one may fondly wish that Muslims would not utter the words of this greeting as some sort of habitual custom which commonly prevails among other people of the world. How beneficial it would be if this greeting is offered out of a full understanding of its reality which, perhaps, may turn out to be enough for the reform of whole community. This is the reason why the Holy Prophet ﷺ laid great emphasis on popularizing the practice of Muslims in greeting each other with salam, and he identified it as the best of deeds and took time to explain its merits, graces, blessings and rewards. In a hadith of Sahih Muslim narrated by Sayyidna Abu Hurairah ؓ ، the Holy Prophet ﷺ has been reported to have said:''You cannot enter Paradise until you are a believer and your belief cannot be complete until you love each other. I tell you something which, if you put it in practice, will establish bonds of love among you all, and that is: Make salam a common practice among you which should include every Muslim, whether an acquaintance or a stranger."Sayyidna ` Abdullah ibn ` Umar رضی اللہ تعالیٰ عنہما ، says that someone asked the Holy Prophet ﷺ : 'Out of the practices of Islam which is the worthiest?' He said: 'Feed people and spread the practice of salam, whether you know or do not know a person.' (Bukhari and Muslim)The Musnad of Ahmad, Tirmidhi and Abu Dawud report from Sayyidna Abu Umamah ؓ that the Holy Prophet ﷺ said: 'Nearest to Allah is the person who is the first one to offer salam.'A hadith from Sayyidna ` Abdullah ibn Masud ؓ عنہما appearing in Musnad al-Bazzar and al-Mu'jim al-Kabir of al-Tabarani reports that the Holy Prophet ﷺ said: 'Salam is one of the names of Allah Almighty with which He has blessed the people of the earth. So, make salam a common practice among you because, when a Muslim goes to a gathering of people and offers his salam to them, he is blessed with a station of distinction in the sight of Allah Almighty as he reminded everyone of Salam, that is, reminded everyone of Allah Almighty. If people in the gathering do not return his greeting, others will respond who are better than the people of this gathering, that is, the angels of Allah Almighty.'In another hadith from Sayyidna Abu Hurairah ؓ the Holy Prophet ﷺ is reported to have said: 'A big miser is the man who acts miserly in offering salam. (Tabarani, al-Mu` jim al-Kabir)The effect that those teachings of the Holy Prophets had on his noble Companions can be gauged from a narration about Sayyidna ` Abdullah ibn ` Umar ؓ ، who would frequently go to the bazaar just for the single purpose of having a chance to meet any Muslim there in the hope of offering salam to him and thus become deserving of the reward of an act of worship. Incidentally, he never intended to buy or sell anything while there. This narration from Sayyidna Tufayl ibn Ubayy ibn Ka'b ؓ appears in Mu'atta' of Imam Malik (رح) .Verse 4:86 of the Holy Qur'an which says: 'And when you are greeted with a salutation, greet with one better than it, or return the same', was explained by the Holy Prophet ﷺ through his own action in the following manner. Once someone came to the Holy Prophet ﷺ and said: 'As-Salam, u Alaikum Ya Rasulallah' (peace be on you, 0 Messenger of Allah). While returning the greeting, he added a word and said: 'Wa Alaikumus-Salam wa Rahmatulah (And peace be on you, and the mercy of Allah). Then someone else came and offered his salam using the following words: 'As-Salamu Alaika Ya Rasulallah wa Rahmatullah.' In response, he added yet another word and said: 'Wa Alaikumus-Salem wa Rahmatullahi wa Barakatuh (And peace be on you too, and the mercy of Allah, and His blessings). Then came a third person. He combined all three saluta-tions in his initial salam and greeted him by saying the whole thing, that is: 'As-Sala-mu Alaik Ye Rasulallah wa Rahmatullahi wa Barakatuh.' In response, the Holy Prophet ﷺ said only one word 'Wa Alaik' (and on you). Disappointed in his heart, he said: 'Ya Rasulallah, ransomed be my parents for you, you said many words of prayer while returning the greeting of those who came before me. But, when I greeted you with all those words, you limited your response to 'wa 'alaik' (and on you).' He said: 'You left nothing for me to add in the response! Since you used up all those words in your initial salam, I found it sufficient to return your greeting on the principle of like for like in accordance with the teaching of the Qur'an.' This narration has been reported by Ibn Jarir and Ibn Abi Hatim ؓ with different chains of authorities.There are three things we find out from this hadith: Words appearing in the verse under comment mean that a salam offered should be returned by adding more words to it. If someone says Assalamu Alaikum (peace be on you), you respond by saying Wa Alaikumus-Salam wa Rahmatullah (And peace be on you, and the mercy of Allah). If he says As-Sala-mu Alaikum wa Rahmatullah (peace be on you, and the mercy of Allah), then, in response, you say Wa Alaikumus-Salam wa Rahmatullahi wa Barakatuh (And peace be on you, and the mercy of Allah, and His blessings).2. This addition of words is restricted to three words only as a masnun act, that is, conforming to the blessed practice of the Holy Prophet ﷺ . Going beyond that is not masnun. The logic behind it is obvious. The occasion for salam requires that the verbal exchange be brief. Any excess in this connection which interferes with ongoing business or which becomes heavy on the listener is not appropriate. Therefore, when the person visiting the Holy Prophet ﷺ combined all three words in his very initial salam, he elected to abstain from any further addition of words. This was further explained by Sayyidna ` Abdullah ibn ` Abbas ؓ by saying that the Holy Prophet ﷺ stopped the man who went beyond the limit of the three words with the following statement اِنِّ السَّلَامَ قَدِ انتَھٰی اِلَی البَرَکَۃِ (Mazhari from al-Baghawi). It means that salam ends at the word, barakah. Saying anything beyond that was not the practice of the blessed Prophet ﷺ . (Ibn Kathir)3. If someone makes his salam with three words spoken at the same time, returning it with only one word will be correct. That too comes under the principle of like for like and is sufficient in obedience to the Qur'anic command أَوْ رُ‌دُّوهَا (or return the same) as the Holy Prophet ﷺ has, in this hadith, considered a one-word response as sufficient. (Tafsir Mazhari)In summation, we can say that it is obligatory on a Muslim to return the salam offered to him. If he fails to do so without any valid excuse admitted by the Shari’ ah of Islam, he will become a sinner. However, he has the option to choose the mode. He can either respond with words better than those used in offering the salam; or, the response could be in identical words.It will be noticed that this verse very clearly states that returning a salam is obligatory but it is not explicit on the nature of offering a salam initially. However, in the Qur'anic expression إِذَا حُيِّيتُم (And when you are greeted .. ) there does lie a hint pointing towards this rule of conduct. That this statement is in the passive voice without identifying the subject precisely could be suggestive of salam being something all Muslims already do habitually and commonly.The Musnad of Ahmad, al-Tirmidhi and Abu Dawud report that the Holy Prophet ﷺ said: 'Nearest to Allah is the person who is the first to offer salam.' So, from the emphasis on salam and its many merits you have learnt from the teachings of the Holy Prophet cited earlier, we get to understand that offering the initial salam has also been emphasized as part of the practice of the Holy Prophet ﷺ . According to Tafsir al-Bahr al-Muhit, the initial salam is actually a sunnah mu'akkadah (emphasized practice of the Prophet of Islam) as held by the majority of ` Ulama. And Hasan al-Basri (رح) said: السلام تطوع والرد فریضہ ، that is, 'the initial salam is voluntary while returning it is an obligation.'Some more detailed explanations of this Qur'anic injunctions about salam and its answer have been given by the Holy Prophet ﷺ which the reader may wish to know briefly. According to a hadith in al-Bukhari and Muslim, the person riding should himself offer salam to the person walking; and the person walking should offer salam to the person sitting; and a small group of persons walking near a larger group should be the first to offer salam.According to a hadith in Tirmidhi, when a person enters his house, he should offer salam to the members of his family as this act of grace will bring blessings for him as well as for his family.According to a hadith in Abu Dawud, when one meets a Muslim more than once, he should offer salam every time; and the way offering salam is masnun (a requirement of sunnah) at the time of the initial meeting, so it is at the time of seeking leave when offering salam is in line with the practice of the Holy Prophet ﷺ ، and a source of reward as well. This rule of guidance appears in Tirmidhi and Abu Dawud as narrated by Sayyidna Qatadah and Abu Hurairah ؓ .Now a note of caution about the rule: It is obligatory to answer salam - however, there are certain exceptions to it. For instance, if someone says salam to a person who is offering salah, an answer is not obligatory. Indeed, it is a spoiler of salah. Similarly, a person may be delivering a religious sermon, or is busy in reciting the Holy Qur'an, or is calling the adhan or iqamah, or is teaching religious texts, or is busy with his human compulsions - in all such conditions, even offering the initial salam is not permissible, and he is not responsible for answering it as a matter of obligation either.Towards the end of verse .86, it was said: إِنَّ اللَّـهَ كَانَ عَلَىٰ كُلِّ شَيْءٍ حَسِيبًا (Surely, Allah is the Reckoner over everything). It means that with Allah rests the reckoning of everything which includes all human and Islamic rights such as salam and its answer. These too will have to be accounted for before Allah Almighty.
86
4
ٱللَّهُ لَآ إِلَٰهَ إِلَّا هُوَ لَيَجْمَعَنَّكُمْ إِلَىٰ يَوْمِ ٱلْقِيَٰمَةِ لَا رَيْبَ فِيهِ وَمَنْ أَصْدَقُ مِنَ ٱللَّهِ حَدِيثًا
<p>After that comes verse 87 اللَّـهُ لَا إِلَـٰهَ إِلَّا هُوَ ۚ لَيَجْمَعَنَّكُمْ إِلَىٰ يَوْمِ الْقِيَامَةِ لَا رَ‌يْبَ فِيهِ which means that there is no object worthy of worship other than Allah. So, it exhorts: Believe in Him as the only object of your worship and whatever you do let that be with the intention of an act of worship or ` ibadah before Him. He will gather everyone on the Day of Qiyamah, the fateful Day of Doom, in which there is no doubt. That will be the Day when He will give everyone the return for whatever deeds he will come up with the promise that Qiyamah will come and the news that there will be reward and punishment at that time is all true. This is true because this °news° of what will happen is given by Allah, وَمَنْ أَصْدَقُ مِنَ اللَّـهِ حَدِيثًا - and whose word can be more true than that of Allah?</p>
After that comes verse 87 اللَّـهُ لَا إِلَـٰهَ إِلَّا هُوَ ۚ لَيَجْمَعَنَّكُمْ إِلَىٰ يَوْمِ الْقِيَامَةِ لَا رَ‌يْبَ فِيهِ which means that there is no object worthy of worship other than Allah. So, it exhorts: Believe in Him as the only object of your worship and whatever you do let that be with the intention of an act of worship or ` ibadah before Him. He will gather everyone on the Day of Qiyamah, the fateful Day of Doom, in which there is no doubt. That will be the Day when He will give everyone the return for whatever deeds he will come up with the promise that Qiyamah will come and the news that there will be reward and punishment at that time is all true. This is true because this °news° of what will happen is given by Allah, وَمَنْ أَصْدَقُ مِنَ اللَّـهِ حَدِيثًا - and whose word can be more true than that of Allah?
87
4
فَمَا لَكُمْ فِى ٱلْمُنَٰفِقِينَ فِئَتَيْنِ وَٱللَّهُ أَرْكَسَهُم بِمَا كَسَبُوٓا۟ أَتُرِيدُونَ أَن تَهْدُوا۟ مَنْ أَضَلَّ ٱللَّهُ وَمَن يُضْلِلِ ٱللَّهُ فَلَن تَجِدَ لَهُۥ سَبِيلًا
<p>Commentary</p><p>The verses quoted above describe three groups of people about whom two injunctions have been given. The following narrations clarify events surrounding these groups:</p><p>1. ` Abdullah ibn Hamid has narrated from Mujahid that some disbelievers of Makkah came to Madinah. They pretended to have become Muslims and claimed to have come there as emigrants. Later, they turned into apostates. They went to the Holy Prophet ﷺ ، told him about their plan to go to Makkah to buy merchandise from there. Having made their false excuse, they departed for Makkah and never returned. There arose a difference of opinion about their behaviour among the Muslims of Madinah. Some said that they were believers. It was in verse-88 فَمَا لَكُمْ فِي الْمُنَافِقِينَ فِئَتَيْ (So what is the matter with you that you have become two groups about the hypocrites) where Allah Almighty declared that they were disbelievers and should be killed.</p><p>Maulana Ashraf ` Ali Thanavi (رح) has explained the Qur'anic word, 'munafiq' (hypocrite) by saying that they were hypocrites when they claimed to have become Muslims - they had never believed in their hearts. The fact was that hypocrites were not killed because they concealed their inner disbelief. But, the case of these people was different as their apostasy had come out in the open. As for those who took them to be Muslims, they may have, perhaps, taken a benign view of their action under some interpretation. However, this interpretation was based on sheer opinion not supported by any proof from the Shari’ ah. That is why no reliance was placed on it.</p><p>2. Ibn Abi Shaybah has narrated from Hasan that Suraqah ibn Malik al-Mudlaji visited the Holy Prophet ﷺ after the events of Badr and Uhud and requested him to make peace with his tribe, Bani Mudlaj. Thereupon, he sent Sayyidni Khalid ؓ to them to conclude a peace treaty. The terms of the treaty were as follows:</p><p>"We will not support anyone against the Holy Prophet ﷺ . If the Quraysh become Muslims, We too shall become Muslims. All tribes who enter into alliance with us, they too shall become a party with us in this treaty."</p><p>Thereupon, this verse: وَدُّوا لَوْ تَكْفُرُ‌ونَ (اِلٰی قَولہ) إِلَّا الَّذِينَ يَصِلُونَ -- (They wish that you disbelieve like they have disbelieved) was revealed.</p><p>3. It has been narrated from Sayyidna ibn ` Abbas ؓ that the people mentioned in the verse: سَتَجِدُونَ آخَرِ‌ينَ (You will find others who want to be secure from you) are those belonging to the tribes of Asad and Ghitfan who, when they came to Madinah, professed Islam outwardly, but to their own people they would confide that they had really believed in monkeys and scorpions while before Muslims they would piously declare that they were followers of their faith.</p><p>However, Dahhak ascribes this conduct to the tribe of ` Abd al-Dar according to a report from Sayyidna Ibn ` Abbas ؓ . The first and the second narration appears in Ruh al-Ma'ani, while the third narration can be seen in Ma’ alim.</p><p>Maulana Ashraf Thanavi (رح) likens the state of those mentioned in the third narration as that of the first one since it proves that they were no Muslims to begin with, therefore, they fall under the injunction governing disbelievers in general, that is, 'do not fight them in the presence of a peace treaty - otherwise, do.' Thus, regarding those mentioned in the first narration, the second verse (89): فَإِن تَوَلَّوْا فَخُذُوهُمْ وَاقْتُلُوهُمْ (then if they turn away, sieze them and kill them) carries the injunction that they be arrested and killed, while the statement in the third verse (90): إِلَّا الَّذِينَ يَصِلُونَ (except those who join a group with whom you have a treaty) gives them a clear exemption in the event of peace, a situation which finds mention in the second narration. This exemption has been emphasised once again in فَإِنِ اعْتَزَلُوكُمْ (if they stay away from you) later in the same verse (90).</p><p>Regarding those mentioned in the third narration, it has been said in the fourth verse (91): سَتَجِدُونَ آخَرِ‌ينَ (you will find others ....) which means that should these people refuse to leave you alone and insist on fighting, then do fight against them. From this, it can be deduced that in the event they make peace, there should be no fighting against them. (Bayan al-Qur'an)</p><p>In short, the three groups mentioned here are:</p><p>1. Those who do not emigrate despite their ability to do so in a period of time when emigration was a pre-requisite of faith in Islam. Or, after having emigrated, they go out of the new abode of Islam (Dar al-Islam) and return to the abode of disbelief (Dar al-Kufr).</p><p>2. Those who themselves enter a no-war pact with Muslims or those who join hands with those entering into such a pact.</p><p>3. Those who make peace to buy time and once there comes an occasion to fight a war against Muslims, they would readily join the enemy camp throwing all treaty obligations to winds.</p><p>The injunction governing the first group is similar to that which governs the disbelievers in general. The second groups is exempted from being arrested and killed. The third group deserves the same punishment as fixed for the first. These verses yield a total of two injunctions, that is, fighting in the absence of peace; and not fighting in the event of peace.</p>
CommentaryThe verses quoted above describe three groups of people about whom two injunctions have been given. The following narrations clarify events surrounding these groups:1. ` Abdullah ibn Hamid has narrated from Mujahid that some disbelievers of Makkah came to Madinah. They pretended to have become Muslims and claimed to have come there as emigrants. Later, they turned into apostates. They went to the Holy Prophet ﷺ ، told him about their plan to go to Makkah to buy merchandise from there. Having made their false excuse, they departed for Makkah and never returned. There arose a difference of opinion about their behaviour among the Muslims of Madinah. Some said that they were believers. It was in verse-88 فَمَا لَكُمْ فِي الْمُنَافِقِينَ فِئَتَيْ (So what is the matter with you that you have become two groups about the hypocrites) where Allah Almighty declared that they were disbelievers and should be killed.Maulana Ashraf ` Ali Thanavi (رح) has explained the Qur'anic word, 'munafiq' (hypocrite) by saying that they were hypocrites when they claimed to have become Muslims - they had never believed in their hearts. The fact was that hypocrites were not killed because they concealed their inner disbelief. But, the case of these people was different as their apostasy had come out in the open. As for those who took them to be Muslims, they may have, perhaps, taken a benign view of their action under some interpretation. However, this interpretation was based on sheer opinion not supported by any proof from the Shari’ ah. That is why no reliance was placed on it.2. Ibn Abi Shaybah has narrated from Hasan that Suraqah ibn Malik al-Mudlaji visited the Holy Prophet ﷺ after the events of Badr and Uhud and requested him to make peace with his tribe, Bani Mudlaj. Thereupon, he sent Sayyidni Khalid ؓ to them to conclude a peace treaty. The terms of the treaty were as follows:"We will not support anyone against the Holy Prophet ﷺ . If the Quraysh become Muslims, We too shall become Muslims. All tribes who enter into alliance with us, they too shall become a party with us in this treaty."Thereupon, this verse: وَدُّوا لَوْ تَكْفُرُ‌ونَ (اِلٰی قَولہ) إِلَّا الَّذِينَ يَصِلُونَ -- (They wish that you disbelieve like they have disbelieved) was revealed.3. It has been narrated from Sayyidna ibn ` Abbas ؓ that the people mentioned in the verse: سَتَجِدُونَ آخَرِ‌ينَ (You will find others who want to be secure from you) are those belonging to the tribes of Asad and Ghitfan who, when they came to Madinah, professed Islam outwardly, but to their own people they would confide that they had really believed in monkeys and scorpions while before Muslims they would piously declare that they were followers of their faith.However, Dahhak ascribes this conduct to the tribe of ` Abd al-Dar according to a report from Sayyidna Ibn ` Abbas ؓ . The first and the second narration appears in Ruh al-Ma'ani, while the third narration can be seen in Ma’ alim.Maulana Ashraf Thanavi (رح) likens the state of those mentioned in the third narration as that of the first one since it proves that they were no Muslims to begin with, therefore, they fall under the injunction governing disbelievers in general, that is, 'do not fight them in the presence of a peace treaty - otherwise, do.' Thus, regarding those mentioned in the first narration, the second verse (89): فَإِن تَوَلَّوْا فَخُذُوهُمْ وَاقْتُلُوهُمْ (then if they turn away, sieze them and kill them) carries the injunction that they be arrested and killed, while the statement in the third verse (90): إِلَّا الَّذِينَ يَصِلُونَ (except those who join a group with whom you have a treaty) gives them a clear exemption in the event of peace, a situation which finds mention in the second narration. This exemption has been emphasised once again in فَإِنِ اعْتَزَلُوكُمْ (if they stay away from you) later in the same verse (90).Regarding those mentioned in the third narration, it has been said in the fourth verse (91): سَتَجِدُونَ آخَرِ‌ينَ (you will find others ....) which means that should these people refuse to leave you alone and insist on fighting, then do fight against them. From this, it can be deduced that in the event they make peace, there should be no fighting against them. (Bayan al-Qur'an)In short, the three groups mentioned here are:1. Those who do not emigrate despite their ability to do so in a period of time when emigration was a pre-requisite of faith in Islam. Or, after having emigrated, they go out of the new abode of Islam (Dar al-Islam) and return to the abode of disbelief (Dar al-Kufr).2. Those who themselves enter a no-war pact with Muslims or those who join hands with those entering into such a pact.3. Those who make peace to buy time and once there comes an occasion to fight a war against Muslims, they would readily join the enemy camp throwing all treaty obligations to winds.The injunction governing the first group is similar to that which governs the disbelievers in general. The second groups is exempted from being arrested and killed. The third group deserves the same punishment as fixed for the first. These verses yield a total of two injunctions, that is, fighting in the absence of peace; and not fighting in the event of peace.
88
4
وَدُّوا۟ لَوْ تَكْفُرُونَ كَمَا كَفَرُوا۟ فَتَكُونُونَ سَوَآءً فَلَا تَتَّخِذُوا۟ مِنْهُمْ أَوْلِيَآءَ حَتَّىٰ يُهَاجِرُوا۟ فِى سَبِيلِ ٱللَّهِ فَإِن تَوَلَّوْا۟ فَخُذُوهُمْ وَٱقْتُلُوهُمْ حَيْثُ وَجَدتُّمُوهُمْ وَلَا تَتَّخِذُوا۟ مِنْهُمْ وَلِيًّا وَلَا نَصِيرًا
<p>Different forms of Emigration and their Rules</p><p>Hijrah (Emigration) mentioned in verse 89 has been taken up in detail under the commentary on verse 100 of Surah al-Nis-a' which appears a little later. At this point, it is sufficient to know that Emigration from the homeland of Disbelief (Darul-kufr) was enjoined on all Muslims during the early period of Islam. It is for this reason that Allah Almighty has prohibited treating those who fail to carry out this obligation as Muslims. Consequently, when Makkah was conquered, the Holy Prophet declared: ھِجرَۃَ بَعدَ الفَتح لَا (There is no Hijrah after the Victory). It means: ‘Now that the Conquest of Makkah has made it the Abode of Islam, emigration from there was no more obligatory.' This rule related to the period of time when Emigration was considered to be a pre-condition of anyone's faith. During those days, anyone who did not emigrate despite having the ability to do so was not taken to be a Muslim. But, later on, this injunction was abrogated1 and now this mode of Emigration has ceased to exist.</p><p>1. It means that emigration no longer remained a pre-requisite for his being Muslim. However, if a Muslim lives in a non-Muslim country where he cannot fulfill his religious obligations, it is incumbent on him to emigrate if he has the means to do so. (Muhammad Taqi Usmani)</p><p>There remains, however, another form of Hijrah which has been identified in a hadith of Sahib al-Bukhari where it was said: لَا تَنقَطِعُ الھِجرَۃُ حَتَّی تَنقَطِعَ التَوبَۃ . It means that Hijrah (not in the sense of abandoning one's homeland, but in the sense of abandoning one's sins) will continue to exist until there remains the time to repent.</p><p>` Allamah ` Ayni, the commentator of al-Bukhari has said about this Hijrah: اَنَ المرَادَ بِالھجِرَۃِ البَاقِیۃِ ھِیَ ھَجرُ اَلسَّیِّاتِ (This later Hijrah means the abandonment of sins). This subject also finds elucidation in a hadith of the Holy Prophet ﷺ where he is reported to have said: اَلمُھَجرُ مَن ھَجَرَمَا نَھَی اللہُ عَنہُ. It means that a Muhajir (Emigrant) is one who emigrates ('hajara': abandon, leave) from everything prohibited by Allah Almighty (al-Mirqat, v.1)</p><p>The discussion appearing above tells us that, technically, the word, Hijrah is applied in a dual sense:</p><p>1. To leave one's homeland in order to save one's faith as was done by the Companions, may Allah be pleased with them all - they left their homeland of Makkah and emigrated to Madinah and Ethiopia.</p><p>2. To leave one's sins.</p><p>The words of the verse 89: وَلَا تَتَّخِذُوا مِنْهُمْ وَلِيًّا وَلَا نَصِيرً‌ا (and do not take from them a friend or a helper) tell us that seeking help from disbelievers is forbidden (Haram). Pursuant to this, it appears in a narration that the Ansars of Madinah sought the permission of the Holy Prophet $ to seek help from the Jews to offset disbelievers whereupon</p><p>he said: v 'I (The bad ones! We do not need them). (Mazhari, v.2</p>
Different forms of Emigration and their RulesHijrah (Emigration) mentioned in verse 89 has been taken up in detail under the commentary on verse 100 of Surah al-Nis-a' which appears a little later. At this point, it is sufficient to know that Emigration from the homeland of Disbelief (Darul-kufr) was enjoined on all Muslims during the early period of Islam. It is for this reason that Allah Almighty has prohibited treating those who fail to carry out this obligation as Muslims. Consequently, when Makkah was conquered, the Holy Prophet declared: ھِجرَۃَ بَعدَ الفَتح لَا (There is no Hijrah after the Victory). It means: ‘Now that the Conquest of Makkah has made it the Abode of Islam, emigration from there was no more obligatory.' This rule related to the period of time when Emigration was considered to be a pre-condition of anyone's faith. During those days, anyone who did not emigrate despite having the ability to do so was not taken to be a Muslim. But, later on, this injunction was abrogated1 and now this mode of Emigration has ceased to exist.1. It means that emigration no longer remained a pre-requisite for his being Muslim. However, if a Muslim lives in a non-Muslim country where he cannot fulfill his religious obligations, it is incumbent on him to emigrate if he has the means to do so. (Muhammad Taqi Usmani)There remains, however, another form of Hijrah which has been identified in a hadith of Sahib al-Bukhari where it was said: لَا تَنقَطِعُ الھِجرَۃُ حَتَّی تَنقَطِعَ التَوبَۃ . It means that Hijrah (not in the sense of abandoning one's homeland, but in the sense of abandoning one's sins) will continue to exist until there remains the time to repent.` Allamah ` Ayni, the commentator of al-Bukhari has said about this Hijrah: اَنَ المرَادَ بِالھجِرَۃِ البَاقِیۃِ ھِیَ ھَجرُ اَلسَّیِّاتِ (This later Hijrah means the abandonment of sins). This subject also finds elucidation in a hadith of the Holy Prophet ﷺ where he is reported to have said: اَلمُھَجرُ مَن ھَجَرَمَا نَھَی اللہُ عَنہُ. It means that a Muhajir (Emigrant) is one who emigrates ('hajara': abandon, leave) from everything prohibited by Allah Almighty (al-Mirqat, v.1)The discussion appearing above tells us that, technically, the word, Hijrah is applied in a dual sense:1. To leave one's homeland in order to save one's faith as was done by the Companions, may Allah be pleased with them all - they left their homeland of Makkah and emigrated to Madinah and Ethiopia.2. To leave one's sins.The words of the verse 89: وَلَا تَتَّخِذُوا مِنْهُمْ وَلِيًّا وَلَا نَصِيرً‌ا (and do not take from them a friend or a helper) tell us that seeking help from disbelievers is forbidden (Haram). Pursuant to this, it appears in a narration that the Ansars of Madinah sought the permission of the Holy Prophet $ to seek help from the Jews to offset disbelievers whereuponhe said: v 'I (The bad ones! We do not need them). (Mazhari, v.2
89
4
إِلَّا ٱلَّذِينَ يَصِلُونَ إِلَىٰ قَوْمٍۭ بَيْنَكُمْ وَبَيْنَهُم مِّيثَٰقٌ أَوْ جَآءُوكُمْ حَصِرَتْ صُدُورُهُمْ أَن يُقَٰتِلُوكُمْ أَوْ يُقَٰتِلُوا۟ قَوْمَهُمْ وَلَوْ شَآءَ ٱللَّهُ لَسَلَّطَهُمْ عَلَيْكُمْ فَلَقَٰتَلُوكُمْ فَإِنِ ٱعْتَزَلُوكُمْ فَلَمْ يُقَٰتِلُوكُمْ وَأَلْقَوْا۟ إِلَيْكُمُ ٱلسَّلَمَ فَمَا جَعَلَ ٱللَّهُ لَكُمْ عَلَيْهِمْ سَبِيلًا
90
4
سَتَجِدُونَ ءَاخَرِينَ يُرِيدُونَ أَن يَأْمَنُوكُمْ وَيَأْمَنُوا۟ قَوْمَهُمْ كُلَّ مَا رُدُّوٓا۟ إِلَى ٱلْفِتْنَةِ أُرْكِسُوا۟ فِيهَا فَإِن لَّمْ يَعْتَزِلُوكُمْ وَيُلْقُوٓا۟ إِلَيْكُمُ ٱلسَّلَمَ وَيَكُفُّوٓا۟ أَيْدِيَهُمْ فَخُذُوهُمْ وَٱقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأُو۟لَٰٓئِكُمْ جَعَلْنَا لَكُمْ عَلَيْهِمْ سُلْطَٰنًا مُّبِينًا
91
4
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَـًٔا وَمَن قَتَلَ مُؤْمِنًا خَطَـًٔا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦٓ إِلَّآ أَن يَصَّدَّقُوا۟ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍۭ بَيْنَكُمْ وَبَيْنَهُم مِّيثَٰقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ ٱللَّهِ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
<p>Commentary</p><p>Sequence of Verses</p><p>Linked with earlier verses dealing with fighting and killing, all forms of killing, in the first instance, are eight in number because the person killed is covered by one of the four conditions which follow. Either, he is a Muslim; or, he is a Dhimmi (a free, protected, non-Muslim resident of a Muslim state); or, he is beneficiary of a peace pact and has been assured of the protection of his life, property, honour and religion; or, he is a belligerent disbeliever. Then, killing is of two types: intentional, or accidental. Thus, we see that there are only eight possible forms of killing:</p><p>1. The intentional killing of a Muslim.</p><p>2. The accidental killing of a Muslim.</p><p>3. The intentional killing of a Dhimmi.</p><p>4. The accidental killing of a Dhimmi.</p><p>5. The intentional killing of a person with whom there was a pact of peace.</p><p>6. The accidental killing of a peace pact beneficiary.</p><p>7. The intentional killing of a belligerent disbeliever.</p><p>8. The accidental killing of a belligerent disbeliever.</p><p>Injunctions covering some of these situations have appeared earlier; some find mention later, and some others are contained in hadith. Thus, the injunction relating to the first situation enforceable in this life, that is, the obligatory duty of taking 'even retaliation' (qisas) from him finds mention in Surah al-Baqarah and the injunction applicable to the Hereafter follows a little later in verse 93 beginning with: وَمَن يَقْتُلْ (And whoever kills....). The second situation appears in Verse 92 from وَمَا كَانَ لِمُؤْمِنٍ (It is not for a believer to kill any believer) to وَهُوَ مُؤْمِنٌ فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ مُّؤْمِنَةٍ. (and if he i.e., victim was a believer...). The injunction covering the third situation appears in a hadith from Darqutni where the Holy Prophet ﷺ has been reported to have subjected a Muslim to 'even retaliation' (qisas) to compensate a Dhimmi (non-Muslim resident of a Muslim state) (اَخرَجَہ الزیلعی فی تَخرِیج الھدایہ) The injunction for the fourth situation appears also in verse 92: وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ; (and if he is from the people with whom you have a peace treaty). The fifth situation has already been taken up in verse 90 of the previous section under: فَمَا جَعَلَ اللَّـهُ لَكُمْ عَلَيْهِمْ سَبِيلًا (then Allah has not made it permissible for you). The injunction governing the sixth situation has been mentioned alongwith the one relating to the fourth situation because the peace covenant is general and covers the permanent and the temporary both. Thus, it includes Dhimmi and Musta'min both, l irrespective of their permanent or time-bound guarantee of peace and protection. (A1-durr-al-Mukhtar Kitab al-diyat)</p><p>1. Salam : the word prescribed by Islam for greeting, i.e. Assalamu ` alaiykum...</p><p>The injunction relating to situations 7 and 8 is already evident from the very legalization of Jihad itself which has appeared earlier (86) because belligerent disbelievers are killed intentionally. If killed accidentally, its justification will stand proved in a higher degree. (Bayan al-Qur'an)</p><p>Three kinds of homicide and their respective injunctions</p><p>1. Qatl al-Amad (Intentional Killing) which is done with obvious intention by a weapon made from iron or is like a steel weapon in its ability to cut off parts, such as, a sharp-edged bamboo or a sharp-edged piece of rock and things like that.</p><p>2. Qatl Shibh al-Amad (Quasi-Intentional Killing) which is, no doubt, done intentionally - but, not with a weapon which could cut off parts.</p><p>3. Qatl al-Khata (Accidental Killing). It can happen under intention and conjecture when someone aims at a man taking him to be land game or belligerent disbeliever. Or, it can happen actually when one did aim at land game but ended up striking a man down. Here, Khata or accident means intentional. So, this covers the second and the third kind both. Both entail the obligation to pay diyah (blood money), and sin as well. But, the two kinds do differ in the later two consequences. The diyah in the second kind of killing is 100 camels of four types, that is, 25 of each type. The diyah of the third kind of killing is also 100 camels, but it has to be of five types, that is, 20 of each type. However, if diyah is paid in cash, the amount to be realized is ten thousand dirham or one thousand dinar. This holds good for both kinds. However, the second kind is more sinful because of the intention of killing while it is lesser in the third kind because it is the result of simple heedlessness (as in Hidayah). As such, the obligatory nature of فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ (to free a slave) and the word, taubah (repentance) in the verse 92 support this position. The fact is that the ground reality of these three kinds is conditioned by Islamic laws as promulgated in the mortal world. As for their being intentional or non-intentional in terms of their being sinful, it depends on the volition of the heart and the intention to commit the act. The punishment due against such sin is known to Allah alone. According to His knowledge these terms, the first kind may become non-intentional; and the second, intentional.</p><p>1. Dhimmi is a non-Muslim person permanently and legally living in an Islamic state while Musta'min is a non-Muslim who lawfully enters an Islamic state for temporary stay (Muhammad Taqi Usmani)</p><p>Rulings</p><p>1. The amount of diyah (blood money) mentioned above applies to a male homicide victim. In case of a woman, it is half of it. (as in Hidayah).</p><p>2. The diyah of a Muslim and Dhimmi is equal. The Holy Prophet ﷺ has said: دیۃ کل ذی عھد فی عھدہ الف دینار (Marasil of Abu Dawud, as quoted by Hidayah).</p><p>.3. Kaffarah (expiation) in the form of freeing a slave or fasting has to come from the killer himself. As for diyah (blood money), it is the responsibility of those who are his caretakers. In the terminology of the Shari’ ah, they are known as اَلعاقلہ : al-'Aqilah, those responsible for paying blood money.</p><p>Let there be no doubt at this point as to why the burden of a crime committed by the killer should be transferred to his guardians and supporters while they are innocent. The reason is that the guardians of the killer are not totally faultless in this case. Their shortcoming is that they did not take necessary steps to stop him from venturing into such gross heedlessness against human life. Moreover, the fear of having to pay blood money, it is likely, will make them take all necessary precautions in the future so that such recklessness does not repeat itself.</p><p>4. In the act of freeing a slave (Kaffarah: Expiation), a bondman and a bondwoman are equal. The Qur'anic word Raqabah, denoting a slave, is general. However, their physique should be sound and they should not be deformed in any way.</p><p>5. The diyah of the person killed shall be distributed as part of the inheritance determined by the Shari’ ah. A legal heir who forgives his share will cause the diyah to be forgiven upto the limit of his share. If all legal heirs forgive it, the whole diyah will stand forgiven.</p><p>6. The diyah of a person killed who has no legal heir as recognized by the Shari’ ah will be retired to the Bayt al-Mal (State Treasury) because diyah is inheritance and inheritance is governed by this very ruling. (Bayan al-Qur'an)</p><p>7. As for people bound by a mutual covenant, be they Dhimmis, free non-Muslim citizens of a Muslim country; or, the Musta'min, (those given guarantee of peace for a temporary period of time) the diyah obligatory in their case is valid only when people belonging to that Dhimmi or Musta'min are present. If they have no such people, or such people be Muslims, then, given the fact that a Muslim cannot inherit from a disbeliever, this diyah, therefore, shall be deemed as non-existent. Thus, should he be a Dhimmi, his diyah shall be retired into the Bayt al-Mal because the inheritance of a heirless Dhimmi - which includes diyah - goes to the Bayt al-Mal (as in al-Durr al-Mukhtar); otherwise, it will not be obligatory (Bayan al-Qur'an).</p><p>8. If continuity is broken in fasting due to sickness or some other reason, then, one will have to fast afresh. But, for a woman, this continuity will not be deemed as broken because of her menstruation.</p><p>9. If, for some valid excuse, one does not have the strength to fast, then, he should keep repenting until his strength returns.</p><p>10. In intentional killing, there is no provision for this Kaffarah</p><p>(expiation); one should repent. (Sayan a1-Qur'an)</p>
CommentarySequence of VersesLinked with earlier verses dealing with fighting and killing, all forms of killing, in the first instance, are eight in number because the person killed is covered by one of the four conditions which follow. Either, he is a Muslim; or, he is a Dhimmi (a free, protected, non-Muslim resident of a Muslim state); or, he is beneficiary of a peace pact and has been assured of the protection of his life, property, honour and religion; or, he is a belligerent disbeliever. Then, killing is of two types: intentional, or accidental. Thus, we see that there are only eight possible forms of killing:1. The intentional killing of a Muslim.2. The accidental killing of a Muslim.3. The intentional killing of a Dhimmi.4. The accidental killing of a Dhimmi.5. The intentional killing of a person with whom there was a pact of peace.6. The accidental killing of a peace pact beneficiary.7. The intentional killing of a belligerent disbeliever.8. The accidental killing of a belligerent disbeliever.Injunctions covering some of these situations have appeared earlier; some find mention later, and some others are contained in hadith. Thus, the injunction relating to the first situation enforceable in this life, that is, the obligatory duty of taking 'even retaliation' (qisas) from him finds mention in Surah al-Baqarah and the injunction applicable to the Hereafter follows a little later in verse 93 beginning with: وَمَن يَقْتُلْ (And whoever kills....). The second situation appears in Verse 92 from وَمَا كَانَ لِمُؤْمِنٍ (It is not for a believer to kill any believer) to وَهُوَ مُؤْمِنٌ فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ مُّؤْمِنَةٍ. (and if he i.e., victim was a believer...). The injunction covering the third situation appears in a hadith from Darqutni where the Holy Prophet ﷺ has been reported to have subjected a Muslim to 'even retaliation' (qisas) to compensate a Dhimmi (non-Muslim resident of a Muslim state) (اَخرَجَہ الزیلعی فی تَخرِیج الھدایہ) The injunction for the fourth situation appears also in verse 92: وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ; (and if he is from the people with whom you have a peace treaty). The fifth situation has already been taken up in verse 90 of the previous section under: فَمَا جَعَلَ اللَّـهُ لَكُمْ عَلَيْهِمْ سَبِيلًا (then Allah has not made it permissible for you). The injunction governing the sixth situation has been mentioned alongwith the one relating to the fourth situation because the peace covenant is general and covers the permanent and the temporary both. Thus, it includes Dhimmi and Musta'min both, l irrespective of their permanent or time-bound guarantee of peace and protection. (A1-durr-al-Mukhtar Kitab al-diyat)1. Salam : the word prescribed by Islam for greeting, i.e. Assalamu ` alaiykum...The injunction relating to situations 7 and 8 is already evident from the very legalization of Jihad itself which has appeared earlier (86) because belligerent disbelievers are killed intentionally. If killed accidentally, its justification will stand proved in a higher degree. (Bayan al-Qur'an)Three kinds of homicide and their respective injunctions1. Qatl al-Amad (Intentional Killing) which is done with obvious intention by a weapon made from iron or is like a steel weapon in its ability to cut off parts, such as, a sharp-edged bamboo or a sharp-edged piece of rock and things like that.2. Qatl Shibh al-Amad (Quasi-Intentional Killing) which is, no doubt, done intentionally - but, not with a weapon which could cut off parts.3. Qatl al-Khata (Accidental Killing). It can happen under intention and conjecture when someone aims at a man taking him to be land game or belligerent disbeliever. Or, it can happen actually when one did aim at land game but ended up striking a man down. Here, Khata or accident means intentional. So, this covers the second and the third kind both. Both entail the obligation to pay diyah (blood money), and sin as well. But, the two kinds do differ in the later two consequences. The diyah in the second kind of killing is 100 camels of four types, that is, 25 of each type. The diyah of the third kind of killing is also 100 camels, but it has to be of five types, that is, 20 of each type. However, if diyah is paid in cash, the amount to be realized is ten thousand dirham or one thousand dinar. This holds good for both kinds. However, the second kind is more sinful because of the intention of killing while it is lesser in the third kind because it is the result of simple heedlessness (as in Hidayah). As such, the obligatory nature of فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ (to free a slave) and the word, taubah (repentance) in the verse 92 support this position. The fact is that the ground reality of these three kinds is conditioned by Islamic laws as promulgated in the mortal world. As for their being intentional or non-intentional in terms of their being sinful, it depends on the volition of the heart and the intention to commit the act. The punishment due against such sin is known to Allah alone. According to His knowledge these terms, the first kind may become non-intentional; and the second, intentional.1. Dhimmi is a non-Muslim person permanently and legally living in an Islamic state while Musta'min is a non-Muslim who lawfully enters an Islamic state for temporary stay (Muhammad Taqi Usmani)Rulings1. The amount of diyah (blood money) mentioned above applies to a male homicide victim. In case of a woman, it is half of it. (as in Hidayah).2. The diyah of a Muslim and Dhimmi is equal. The Holy Prophet ﷺ has said: دیۃ کل ذی عھد فی عھدہ الف دینار (Marasil of Abu Dawud, as quoted by Hidayah)..3. Kaffarah (expiation) in the form of freeing a slave or fasting has to come from the killer himself. As for diyah (blood money), it is the responsibility of those who are his caretakers. In the terminology of the Shari’ ah, they are known as اَلعاقلہ : al-'Aqilah, those responsible for paying blood money.Let there be no doubt at this point as to why the burden of a crime committed by the killer should be transferred to his guardians and supporters while they are innocent. The reason is that the guardians of the killer are not totally faultless in this case. Their shortcoming is that they did not take necessary steps to stop him from venturing into such gross heedlessness against human life. Moreover, the fear of having to pay blood money, it is likely, will make them take all necessary precautions in the future so that such recklessness does not repeat itself.4. In the act of freeing a slave (Kaffarah: Expiation), a bondman and a bondwoman are equal. The Qur'anic word Raqabah, denoting a slave, is general. However, their physique should be sound and they should not be deformed in any way.5. The diyah of the person killed shall be distributed as part of the inheritance determined by the Shari’ ah. A legal heir who forgives his share will cause the diyah to be forgiven upto the limit of his share. If all legal heirs forgive it, the whole diyah will stand forgiven.6. The diyah of a person killed who has no legal heir as recognized by the Shari’ ah will be retired to the Bayt al-Mal (State Treasury) because diyah is inheritance and inheritance is governed by this very ruling. (Bayan al-Qur'an)7. As for people bound by a mutual covenant, be they Dhimmis, free non-Muslim citizens of a Muslim country; or, the Musta'min, (those given guarantee of peace for a temporary period of time) the diyah obligatory in their case is valid only when people belonging to that Dhimmi or Musta'min are present. If they have no such people, or such people be Muslims, then, given the fact that a Muslim cannot inherit from a disbeliever, this diyah, therefore, shall be deemed as non-existent. Thus, should he be a Dhimmi, his diyah shall be retired into the Bayt al-Mal because the inheritance of a heirless Dhimmi - which includes diyah - goes to the Bayt al-Mal (as in al-Durr al-Mukhtar); otherwise, it will not be obligatory (Bayan al-Qur'an).8. If continuity is broken in fasting due to sickness or some other reason, then, one will have to fast afresh. But, for a woman, this continuity will not be deemed as broken because of her menstruation.9. If, for some valid excuse, one does not have the strength to fast, then, he should keep repenting until his strength returns.10. In intentional killing, there is no provision for this Kaffarah(expiation); one should repent. (Sayan a1-Qur'an)
92
4
وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُۥ جَهَنَّمُ خَٰلِدًا فِيهَا وَغَضِبَ ٱللَّهُ عَلَيْهِ وَلَعَنَهُۥ وَأَعَدَّ لَهُۥ عَذَابًا عَظِيمًا
93
4
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا ضَرَبْتُمْ فِى سَبِيلِ ٱللَّهِ فَتَبَيَّنُوا۟ وَلَا تَقُولُوا۟ لِمَنْ أَلْقَىٰٓ إِلَيْكُمُ ٱلسَّلَٰمَ لَسْتَ مُؤْمِنًا تَبْتَغُونَ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا فَعِندَ ٱللَّهِ مَغَانِمُ كَثِيرَةٌ كَذَٰلِكَ كُنتُم مِّن قَبْلُ فَمَنَّ ٱللَّهُ عَلَيْكُمْ فَتَبَيَّنُوٓا۟ إِنَّ ٱللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
<p>CommentarySequence of Verses</p><p>Stern warning has been given against the killing of a Muslim in previous verses. Now it is being said that the apparent profession of Islam is all that is needed for a Muslim to be regarded as a Muslim obligated to observe the laws of the Shari’ ah. So, it is necessary to abstain from the killing of a person who professes Islam. Furthermore, it is also not permissible to dig deep into his inward state of belief just because of some suspicion and to keep waiting for a definite proof of his certitude in faith in order that Islamic laws can be applied in his case. This is what happened during some battles with disbelievers when some Companions were unable to observe the fine line of distinction in this rule. On those occasions, there were some people who presented themselves as Muslims but some Companions took their profession of Islam as a lie and killed them, taking their belongings as war spoils. Allah Almighty condemned this indiscretionary practice. However, an admonition was considered sufficient and no severe warning was revealed for them against this act because the Companions did not know the rule clearly till that time. (Bayan a1-Qur'an)</p><p>Signs of Islam are sufficient to identify a Muslim:</p><p>In the first of the three verses cited above, the guidance given is that in the case of one who professes to be a Muslim, no Muslim is allowed to interpret his declaration of Islam as hypocrisy, without certain knowledge and proof. This verse (94) was revealed in the back-ground of certain episodes relating to some Companions where they had not taken the correct line of action.</p><p>So, it has been reported from Sayyidna ` Abdullah ibn ` Abbas in Tirmidhi and the Musnad of Ahmad that a man from the tribe of Banu Sulaym met a group of the noble Companions who were going on a Jihad mission. This man was grazing his goats. He offered salam greetings to the group which was a practical demonstration of his being a Muslim. The Companions thought that this man was just pretending in view of the situation before him. Thus, taking his profession of Islam as a ruse to save his life and property whereby he could get away from them by tricking them with greeting in the Muslim style, they killed him and appropriated the herd of his goats as war spoils which they took to the Holy Prophet ﷺ . Thereupon, this verse was revealed. It laid down the rule: Do not take anyone who greets you by offering salam in the Islamic manner as a pretender and never assume, without valid proof, that his profession of Islam was a trick and never take possession of his property as spoils. (Ibn Kathir)</p><p>There is another narration from Sayyidna ` Abdullah ibn ` Abbas ؓ which has been reported by al-Bukhari briefly and by al-Bazzar, in details. According to this narration, the Holy Prophet ﷺ sent out a group of mujahidin which included Sayyidna Miqdad ibn al-Aswad. When they reached the designated spot, everyone present there ran away. The only man left there had a lot of valuable things with him.</p><p>Facing the Companions, the man recited the kalimah: اَشھَدُ اَن لَّا اِلہَ اِلَّا اللہُ (I testify that there is no god but Allah). But, Sayyidna Miqdad ؓ assuming that the man's heart was not behind his verbal declaration of faith and that he was doing it simply to save his life and property, killed him. One Companion from among the group present admonished him for what he had done: He had killed a person who had testified that there is no god but Allah. He declared that he will make it a point to relate this incident before the Holy Prophet ﷺ when and if he would have the honour of returning to him. Finally, the group returned to Madinah and reported the incident to the Holy Prophet ﷺ ، who called for Sayyidna Miqdad and gave him a stern warning. He said: 'what would you say on the Day of Doom when the kalimah لا إلہ إلا اللہ will stand as a plaintiff against you?' The verse لَا تَقُولُوا لِمَنْ أَلْقَىٰ إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا (do not say to the one who offers you salam , "You are not a believer" ) was revealed on this occasion.</p><p>Other incidents, apart from the two mentioned here, have been reported with reference to this verse, but respected scholars of Tafsr do not admit of any contradiction in these narrations, for these events as a whole could have been the cause of the revelation.</p><p>The words of the verse are: اَلقَیٰ اِلَیکُمُ السَّلَمَ (offer you salam). If the word, salam in the text is taken to mean 'salam' in the technical sense (Muslim greeting or salutation), it applies to the first event more suitably. However, if 'salam' is taken to mean submission or surrender to the will of Allah in the literal sense, then, this meaning applies to both events equally. Therefore, salam in the present textual setting has also been translated in the sense of submission and obedience to Allah.</p><p>It is impermissible to take a decision without investigating into related facts of an event</p><p>The first sentence of the verse (94) carries a general rule which must be followed by all Muslims: Let no Muslim do anything summarily as based on guess alone. The words of the verse are: إِذَا ضَرَ‌بْتُمْ فِي سَبِيلِ اللَّـهِ فَتَبَيَّنُوا (when you go out in the way of Allah, be careful). Acting on conjecture is likely to land one in trouble. The restriction of travel in the verse is there because these events came to pass during the state of travel. Or, it may be because doubts crop up during travel to previously unvisited places as compared with the city of residence where things and people are generally familiar. Otherwise, the basic rule, in travel or while resident, is general, that is reacting to any situation without proper investigation is not permissible. In a hadith, the Holy Prophet ﷺ has said: "To act sensibly is from Allah and to rush through is from Shaytan" (al-Bahr al-Muhit)</p><p>The second sentence: تَبْتَغُونَ عَرَ‌ضَ الْحَيَاةِ الدُّنْيَا (seeking goods of the worldly life) in verse 94 is a prescription for weakness which caused this false step. The weakness was their desire to acquire worldly wealth through collecting spoils. But, immediately after, it was pointed out that Almighty Allah has set aside many more spoils destined for them. Why, then, should they bother about material gains? By way of further admonition, they were asked to recollect that there were so many among them who would not have dared to come out openly with their faith in Islam. It was only when Allah favoured them that they were delivered from the encirclement of disbelievers and were able to profess Islam openly. Keeping this situation in mind, would it not be possible that the person who is saying لا إلہ إلا اللہ at the sight of the Muslim army, might really be an adherent of Islam from the early days but was unable to profess it freely' fearing reprisals from the disbelievers. When he saw the Muslim army, he lost no time in doing so. If they looked into their own situation, they would realize that there was the time when they had recited the Kalimah and had called them Muslims, the Shari'ah of Islam had never asked them to first prove their being Muslims. There was no such condition. They were never asked to let their hearts be examined. They were not ordered to produce a proof of their Islam before they could be declared as confirmed Muslims. Quite contrary to all this, the simple recital of the Kalimah of Islam: لا إلہ إلا اللہ محمد رسول اللہ was considered good enough to recognize them as Muslims. Keeping this in mind, it was their duty that they should now take anyone who recites the Kalimah before them as a Muslim.</p><p>The meaning of not taking a Muslim to be a Kafir</p><p>From this verse comes the important ruling that anyone who professes Islam and declares that he is a Muslim - by reciting the Kalimah or by associating himself with some marked feature of Islam such as the Adhan and the Salah - should be treated as a Muslim. All Muslims must deal with him as they would do with any other Muslim. They are not supposed to wait and worry about finding out whether such a person has embraced Islam with all his heart or it has been done out of expediency.</p><p>In addition to that, this is a case in which even his doings will not serve as the criterion. Suppose, someone skips Sarah, does not fast and is involved with all sorts of sins - still, no one has the right to say that he has gone outside the pale of Islam or to treat him as one would treat a disbeliever. Therefore, the great Imam Abu Hanifah said: لَا نکفر اھل القبلہ بذنب (We do not call 'the people of the Qiblah' Kafirs because of some sin). Similar statements appear in hadith narrations also, such as, 'Do not say that 'the people of Qiblah' are Kafirs, no matter how sinful and evil-doing they may be.'</p><p>At this point, there is something everyone should understand and remember, clearly and particularly. This relates to the authority of the Qur'an and Sunnah from which it is proved that calling or taking someone who calls himself a Muslim to be a Kafir is not permissible. It clearly means that until such time he says or does something which provides the positive proof of Kufr (disbelief), his profession of faith in Islam shall be deemed as sound and he will continue to be taken as a Muslim and, for all practical purposes, he will be dealt with as one would deal with Muslims. No one will have the right to debate what goes on in his heart or how sincere or hypocritical he may or may not be.</p><p>But, there may be a person who professes Islam, attests to faith, yet disgraces himself by uttering words of disbelief or prostrates before an idol or denies an injunction of Islam which is absolute and obvious, or takes to a religious way or mark of disbelievers - such a person will certainly be declared a Kafir because of his deeds which prove his infidelity. It will be noticed that, the word فَتَبَيَّنُوا (be careful or investigate) in the present verse provides a hint to this effect, otherwise, the Jews and the Christians all claimed to be believers. Then, there was Musaylimah, the Liar. He was declared to be a Kafir with the consensus of Companions, and killed. As for him, he was not only a professor of the Islamic creed but a practicing adherent of Adhan and Salah as well. In his Adhan, he had the Muezzin say: - اَشَھَدُ اَن لا إلہ إلا اللہ (I testify that there is no god but Allah) which was duly followed by اَشَھَدُ اَن محمد رسول اللہ (I testify that Muhammad is the Messenger of Allah). But, while he did this, he also claimed to be a prophet and a messenger who received revelations. This was an open denial of the binding injunctions of the Qur'an and Sunnah. It was on this basis that he was declared to be an apostate and a Jihad force was sent against him with the consensus of the Companions.</p><p>In short, the correct course of action when faced with this problem is: Take everyone who recites the Kalimah and adheres to Islam (ahl al-Qiblah: the people of Qiblah) to be a Muslim. Peeking into his heart is not our business. Let Allah be the judge. But, when you see one professing faith yet doing things to the contrary, take him to have become an apostate subject to the condition that such deeds be, absolutely and certainly, contrary to the dictates of Faith and that it admits of no other probability or interpretation.</p><p>Finally, we can now see that 'the reciter of the Kalimah' (Kalimahgo کلمہ گو) or Ahl al-Qiblah (the people of Qiblah, meaning Muslims who universally turn to the direction of Holy Ka'bah when praying) are technical terms applied solely to one who, after his professing Islam, does nothing by his word and deed which can be classed as infidelity.</p>
CommentarySequence of VersesStern warning has been given against the killing of a Muslim in previous verses. Now it is being said that the apparent profession of Islam is all that is needed for a Muslim to be regarded as a Muslim obligated to observe the laws of the Shari’ ah. So, it is necessary to abstain from the killing of a person who professes Islam. Furthermore, it is also not permissible to dig deep into his inward state of belief just because of some suspicion and to keep waiting for a definite proof of his certitude in faith in order that Islamic laws can be applied in his case. This is what happened during some battles with disbelievers when some Companions were unable to observe the fine line of distinction in this rule. On those occasions, there were some people who presented themselves as Muslims but some Companions took their profession of Islam as a lie and killed them, taking their belongings as war spoils. Allah Almighty condemned this indiscretionary practice. However, an admonition was considered sufficient and no severe warning was revealed for them against this act because the Companions did not know the rule clearly till that time. (Bayan a1-Qur'an)Signs of Islam are sufficient to identify a Muslim:In the first of the three verses cited above, the guidance given is that in the case of one who professes to be a Muslim, no Muslim is allowed to interpret his declaration of Islam as hypocrisy, without certain knowledge and proof. This verse (94) was revealed in the back-ground of certain episodes relating to some Companions where they had not taken the correct line of action.So, it has been reported from Sayyidna ` Abdullah ibn ` Abbas in Tirmidhi and the Musnad of Ahmad that a man from the tribe of Banu Sulaym met a group of the noble Companions who were going on a Jihad mission. This man was grazing his goats. He offered salam greetings to the group which was a practical demonstration of his being a Muslim. The Companions thought that this man was just pretending in view of the situation before him. Thus, taking his profession of Islam as a ruse to save his life and property whereby he could get away from them by tricking them with greeting in the Muslim style, they killed him and appropriated the herd of his goats as war spoils which they took to the Holy Prophet ﷺ . Thereupon, this verse was revealed. It laid down the rule: Do not take anyone who greets you by offering salam in the Islamic manner as a pretender and never assume, without valid proof, that his profession of Islam was a trick and never take possession of his property as spoils. (Ibn Kathir)There is another narration from Sayyidna ` Abdullah ibn ` Abbas ؓ which has been reported by al-Bukhari briefly and by al-Bazzar, in details. According to this narration, the Holy Prophet ﷺ sent out a group of mujahidin which included Sayyidna Miqdad ibn al-Aswad. When they reached the designated spot, everyone present there ran away. The only man left there had a lot of valuable things with him.Facing the Companions, the man recited the kalimah: اَشھَدُ اَن لَّا اِلہَ اِلَّا اللہُ (I testify that there is no god but Allah). But, Sayyidna Miqdad ؓ assuming that the man's heart was not behind his verbal declaration of faith and that he was doing it simply to save his life and property, killed him. One Companion from among the group present admonished him for what he had done: He had killed a person who had testified that there is no god but Allah. He declared that he will make it a point to relate this incident before the Holy Prophet ﷺ when and if he would have the honour of returning to him. Finally, the group returned to Madinah and reported the incident to the Holy Prophet ﷺ ، who called for Sayyidna Miqdad and gave him a stern warning. He said: 'what would you say on the Day of Doom when the kalimah لا إلہ إلا اللہ will stand as a plaintiff against you?' The verse لَا تَقُولُوا لِمَنْ أَلْقَىٰ إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا (do not say to the one who offers you salam , "You are not a believer" ) was revealed on this occasion.Other incidents, apart from the two mentioned here, have been reported with reference to this verse, but respected scholars of Tafsr do not admit of any contradiction in these narrations, for these events as a whole could have been the cause of the revelation.The words of the verse are: اَلقَیٰ اِلَیکُمُ السَّلَمَ (offer you salam). If the word, salam in the text is taken to mean 'salam' in the technical sense (Muslim greeting or salutation), it applies to the first event more suitably. However, if 'salam' is taken to mean submission or surrender to the will of Allah in the literal sense, then, this meaning applies to both events equally. Therefore, salam in the present textual setting has also been translated in the sense of submission and obedience to Allah.It is impermissible to take a decision without investigating into related facts of an eventThe first sentence of the verse (94) carries a general rule which must be followed by all Muslims: Let no Muslim do anything summarily as based on guess alone. The words of the verse are: إِذَا ضَرَ‌بْتُمْ فِي سَبِيلِ اللَّـهِ فَتَبَيَّنُوا (when you go out in the way of Allah, be careful). Acting on conjecture is likely to land one in trouble. The restriction of travel in the verse is there because these events came to pass during the state of travel. Or, it may be because doubts crop up during travel to previously unvisited places as compared with the city of residence where things and people are generally familiar. Otherwise, the basic rule, in travel or while resident, is general, that is reacting to any situation without proper investigation is not permissible. In a hadith, the Holy Prophet ﷺ has said: "To act sensibly is from Allah and to rush through is from Shaytan" (al-Bahr al-Muhit)The second sentence: تَبْتَغُونَ عَرَ‌ضَ الْحَيَاةِ الدُّنْيَا (seeking goods of the worldly life) in verse 94 is a prescription for weakness which caused this false step. The weakness was their desire to acquire worldly wealth through collecting spoils. But, immediately after, it was pointed out that Almighty Allah has set aside many more spoils destined for them. Why, then, should they bother about material gains? By way of further admonition, they were asked to recollect that there were so many among them who would not have dared to come out openly with their faith in Islam. It was only when Allah favoured them that they were delivered from the encirclement of disbelievers and were able to profess Islam openly. Keeping this situation in mind, would it not be possible that the person who is saying لا إلہ إلا اللہ at the sight of the Muslim army, might really be an adherent of Islam from the early days but was unable to profess it freely' fearing reprisals from the disbelievers. When he saw the Muslim army, he lost no time in doing so. If they looked into their own situation, they would realize that there was the time when they had recited the Kalimah and had called them Muslims, the Shari'ah of Islam had never asked them to first prove their being Muslims. There was no such condition. They were never asked to let their hearts be examined. They were not ordered to produce a proof of their Islam before they could be declared as confirmed Muslims. Quite contrary to all this, the simple recital of the Kalimah of Islam: لا إلہ إلا اللہ محمد رسول اللہ was considered good enough to recognize them as Muslims. Keeping this in mind, it was their duty that they should now take anyone who recites the Kalimah before them as a Muslim.The meaning of not taking a Muslim to be a KafirFrom this verse comes the important ruling that anyone who professes Islam and declares that he is a Muslim - by reciting the Kalimah or by associating himself with some marked feature of Islam such as the Adhan and the Salah - should be treated as a Muslim. All Muslims must deal with him as they would do with any other Muslim. They are not supposed to wait and worry about finding out whether such a person has embraced Islam with all his heart or it has been done out of expediency.In addition to that, this is a case in which even his doings will not serve as the criterion. Suppose, someone skips Sarah, does not fast and is involved with all sorts of sins - still, no one has the right to say that he has gone outside the pale of Islam or to treat him as one would treat a disbeliever. Therefore, the great Imam Abu Hanifah said: لَا نکفر اھل القبلہ بذنب (We do not call 'the people of the Qiblah' Kafirs because of some sin). Similar statements appear in hadith narrations also, such as, 'Do not say that 'the people of Qiblah' are Kafirs, no matter how sinful and evil-doing they may be.'At this point, there is something everyone should understand and remember, clearly and particularly. This relates to the authority of the Qur'an and Sunnah from which it is proved that calling or taking someone who calls himself a Muslim to be a Kafir is not permissible. It clearly means that until such time he says or does something which provides the positive proof of Kufr (disbelief), his profession of faith in Islam shall be deemed as sound and he will continue to be taken as a Muslim and, for all practical purposes, he will be dealt with as one would deal with Muslims. No one will have the right to debate what goes on in his heart or how sincere or hypocritical he may or may not be.But, there may be a person who professes Islam, attests to faith, yet disgraces himself by uttering words of disbelief or prostrates before an idol or denies an injunction of Islam which is absolute and obvious, or takes to a religious way or mark of disbelievers - such a person will certainly be declared a Kafir because of his deeds which prove his infidelity. It will be noticed that, the word فَتَبَيَّنُوا (be careful or investigate) in the present verse provides a hint to this effect, otherwise, the Jews and the Christians all claimed to be believers. Then, there was Musaylimah, the Liar. He was declared to be a Kafir with the consensus of Companions, and killed. As for him, he was not only a professor of the Islamic creed but a practicing adherent of Adhan and Salah as well. In his Adhan, he had the Muezzin say: - اَشَھَدُ اَن لا إلہ إلا اللہ (I testify that there is no god but Allah) which was duly followed by اَشَھَدُ اَن محمد رسول اللہ (I testify that Muhammad is the Messenger of Allah). But, while he did this, he also claimed to be a prophet and a messenger who received revelations. This was an open denial of the binding injunctions of the Qur'an and Sunnah. It was on this basis that he was declared to be an apostate and a Jihad force was sent against him with the consensus of the Companions.In short, the correct course of action when faced with this problem is: Take everyone who recites the Kalimah and adheres to Islam (ahl al-Qiblah: the people of Qiblah) to be a Muslim. Peeking into his heart is not our business. Let Allah be the judge. But, when you see one professing faith yet doing things to the contrary, take him to have become an apostate subject to the condition that such deeds be, absolutely and certainly, contrary to the dictates of Faith and that it admits of no other probability or interpretation.Finally, we can now see that 'the reciter of the Kalimah' (Kalimahgo کلمہ گو) or Ahl al-Qiblah (the people of Qiblah, meaning Muslims who universally turn to the direction of Holy Ka'bah when praying) are technical terms applied solely to one who, after his professing Islam, does nothing by his word and deed which can be classed as infidelity.
94
4
لَّا يَسْتَوِى ٱلْقَٰعِدُونَ مِنَ ٱلْمُؤْمِنِينَ غَيْرُ أُو۟لِى ٱلضَّرَرِ وَٱلْمُجَٰهِدُونَ فِى سَبِيلِ ٱللَّهِ بِأَمْوَٰلِهِمْ وَأَنفُسِهِمْ فَضَّلَ ٱللَّهُ ٱلْمُجَٰهِدِينَ بِأَمْوَٰلِهِمْ وَأَنفُسِهِمْ عَلَى ٱلْقَٰعِدِينَ دَرَجَةً وَكُلًّا وَعَدَ ٱللَّهُ ٱلْحُسْنَىٰ وَفَضَّلَ ٱللَّهُ ٱلْمُجَٰهِدِينَ عَلَى ٱلْقَٰعِدِينَ أَجْرًا عَظِيمًا
<p>Some Injunctions about Jihad</p><p>The second verse (95) takes up some injunction related to Jihad. It says that people who do not participate in Jihad without some valid excuse cannot be equal to those who fight in the way of Allah staking everything they have, even their lives. In fact, Almighty Allah has raised the ranks of those who fight in the way of Allah over those who do not. However, along with this declaration of the precedence of Mujahidin, it was also said that Almighty Allah has promised good returns for both groups. Both shall be blessed with Paradise and Allah's forgiveness - the only difference between them will be that of ranking.</p><p>According to leading exegetes, this verse tells us that Jihad is Fard ` ala al-Kifayah under normal conditions. Fard Kifayah, as opposed to Fard ` ala al'Ayn (an obligation for every individual), is an obligation of sufficiency. It means that should some people fulfill it, the rest of Muslims stand relieved subject to the condition that those engaged in Jihad must be sufficient for that Jihad. If the situation is otherwise, Jihad will become an obligation (Fard 'Ayn) on all Muslims living in the neighbouring areas who will have to come forward to help the Mujahidin.</p><p>The Definition of Fard Kifayah</p><p>In the terminology of the Shari’ ah, Fard ` ala al-Kifayah refers to obligations the fulfillment of which is not mandatory on every individual Muslim. Instead, if some fulfill it, that will be good enough. Most activities of a collective nature fall under this category. Teaching of religious sciences and their wider dissemination is also an obligation of this nature - if some people are devoted to the fulfillment of this obligation and their number is fairly sufficient, then, other Muslims are absolved of this duty. But, should it be that just about nobody is discharging this obligation wherever there be the need to do so, then, everyone becomes a sinner.</p><p>The Salah for the deceased, the bathing and shrouding of the body is also a collective obligation, for a brother fulfills the rights of a Muslim brother and this is how it is supposed to be, a requirement of the Islamic law. The making of Masajid and Madaris (mosques and religious schools) and running programmes of public welfare are included under this very injunction that is, if some Muslims do that, the rest stand absolved of the obligation.</p><p>Generally, injunctions related to collective needs have been, of necessity, classed as Fard Kifayah by the Shari’ ah of Islam so that all duties can be discharged under the principle of distribution of work. Thus, some people would be engaged in Jihad, others in education and da'wah activities and still others in attending to various other Islamic or human needs.</p><p>The statement وَكُلًّا وَعَدَ اللَّـهُ الْحُسْنَىٰ (and to each, Allah has promised good) in this verse gives peace of mind to those who are engaged in religious duties other than Jihad. But, this injunction is operative in normal conditions when the Jihad waged by some people is sufficient for defence against the enemy attack. Should it be that their Jihad needs additional support, Jihad becomes an absolute obligation on neighbouring Muslims in the first instance. If this support too turns out to be still deficient, Jihad becomes an absolute obligation on Muslims living nearby in their proximity. Finally, just in case, they too are unable to meet the challenge from the enemy, the mantle of Jihad duty falls on the shoulders of other Muslims to the limit that there may come a time when every Muslim from the East and the West may have to participate in the Jihad as solemn religious obligation.</p>
Some Injunctions about JihadThe second verse (95) takes up some injunction related to Jihad. It says that people who do not participate in Jihad without some valid excuse cannot be equal to those who fight in the way of Allah staking everything they have, even their lives. In fact, Almighty Allah has raised the ranks of those who fight in the way of Allah over those who do not. However, along with this declaration of the precedence of Mujahidin, it was also said that Almighty Allah has promised good returns for both groups. Both shall be blessed with Paradise and Allah's forgiveness - the only difference between them will be that of ranking.According to leading exegetes, this verse tells us that Jihad is Fard ` ala al-Kifayah under normal conditions. Fard Kifayah, as opposed to Fard ` ala al'Ayn (an obligation for every individual), is an obligation of sufficiency. It means that should some people fulfill it, the rest of Muslims stand relieved subject to the condition that those engaged in Jihad must be sufficient for that Jihad. If the situation is otherwise, Jihad will become an obligation (Fard 'Ayn) on all Muslims living in the neighbouring areas who will have to come forward to help the Mujahidin.The Definition of Fard KifayahIn the terminology of the Shari’ ah, Fard ` ala al-Kifayah refers to obligations the fulfillment of which is not mandatory on every individual Muslim. Instead, if some fulfill it, that will be good enough. Most activities of a collective nature fall under this category. Teaching of religious sciences and their wider dissemination is also an obligation of this nature - if some people are devoted to the fulfillment of this obligation and their number is fairly sufficient, then, other Muslims are absolved of this duty. But, should it be that just about nobody is discharging this obligation wherever there be the need to do so, then, everyone becomes a sinner.The Salah for the deceased, the bathing and shrouding of the body is also a collective obligation, for a brother fulfills the rights of a Muslim brother and this is how it is supposed to be, a requirement of the Islamic law. The making of Masajid and Madaris (mosques and religious schools) and running programmes of public welfare are included under this very injunction that is, if some Muslims do that, the rest stand absolved of the obligation.Generally, injunctions related to collective needs have been, of necessity, classed as Fard Kifayah by the Shari’ ah of Islam so that all duties can be discharged under the principle of distribution of work. Thus, some people would be engaged in Jihad, others in education and da'wah activities and still others in attending to various other Islamic or human needs.The statement وَكُلًّا وَعَدَ اللَّـهُ الْحُسْنَىٰ (and to each, Allah has promised good) in this verse gives peace of mind to those who are engaged in religious duties other than Jihad. But, this injunction is operative in normal conditions when the Jihad waged by some people is sufficient for defence against the enemy attack. Should it be that their Jihad needs additional support, Jihad becomes an absolute obligation on neighbouring Muslims in the first instance. If this support too turns out to be still deficient, Jihad becomes an absolute obligation on Muslims living nearby in their proximity. Finally, just in case, they too are unable to meet the challenge from the enemy, the mantle of Jihad duty falls on the shoulders of other Muslims to the limit that there may come a time when every Muslim from the East and the West may have to participate in the Jihad as solemn religious obligation.
95
4
دَرَجَٰتٍ مِّنْهُ وَمَغْفِرَةً وَرَحْمَةً وَكَانَ ٱللَّهُ غَفُورًا رَّحِيمًا
<p>The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.</p><p>Ruling</p><p>Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.</p>
The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.RulingJihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.
96
4
إِنَّ ٱلَّذِينَ تَوَفَّىٰهُمُ ٱلْمَلَٰٓئِكَةُ ظَالِمِىٓ أَنفُسِهِمْ قَالُوا۟ فِيمَ كُنتُمْ قَالُوا۟ كُنَّا مُسْتَضْعَفِينَ فِى ٱلْأَرْضِ قَالُوٓا۟ أَلَمْ تَكُنْ أَرْضُ ٱللَّهِ وَٰسِعَةً فَتُهَاجِرُوا۟ فِيهَا فَأُو۟لَٰٓئِكَ مَأْوَىٰهُمْ جَهَنَّمُ وَسَآءَتْ مَصِيرًا
97
4
إِلَّا ٱلْمُسْتَضْعَفِينَ مِنَ ٱلرِّجَالِ وَٱلنِّسَآءِ وَٱلْوِلْدَٰنِ لَا يَسْتَطِيعُونَ حِيلَةً وَلَا يَهْتَدُونَ سَبِيلًا
98
4
فَأُو۟لَٰٓئِكَ عَسَى ٱللَّهُ أَن يَعْفُوَ عَنْهُمْ وَكَانَ ٱللَّهُ عَفُوًّا غَفُورًا
99
4
وَمَن يُهَاجِرْ فِى سَبِيلِ ٱللَّهِ يَجِدْ فِى ٱلْأَرْضِ مُرَٰغَمًا كَثِيرًا وَسَعَةً وَمَن يَخْرُجْ مِنۢ بَيْتِهِۦ مُهَاجِرًا إِلَى ٱللَّهِ وَرَسُولِهِۦ ثُمَّ يُدْرِكْهُ ٱلْمَوْتُ فَقَدْ وَقَعَ أَجْرُهُۥ عَلَى ٱللَّهِ وَكَانَ ٱللَّهُ غَفُورًا رَّحِيمًا
<p>Commentary</p><p>The Definition of Hijrah</p><p>In the four verses cited above, the merits, blessings and injunctions of Hijrah have been described. Lexically, Hijrah, Hijran and Hajr mean 'being displeased with something and leaving it'. In common parlance, the leaving of one's home country is known as Hijrah. In the terminology of the Shari’ ah, leaving Dar al-Kufr (Homeland of disbelievers) and going to Dar al-Islam (Abode of Islam) is called Hijrah (Ruh al-Ma'ani).</p><p>In Sharh al-Mishkah, Mulla ` Ali al-Qari has said: Leaving a home country for religious reasons is also included under Hijrah (Mirqat, p. 39, v.l).</p><p>From the verse الَّذِينَ أُخْرِ‌جُوا مِن دِيَارِ‌هِمْ وَأَمْوَالِهِمْ (59:8): 'Those who have been driven away from their homes ...' revealed about emigrating Companions, we know if disbelievers of a country forcibly expel Muslims because they are Muslims, this too will be included under Hijrah.</p><p>From this definition, we learn that Muslims migrating from India to Pakistan who came here out of disgust for Dar al-Kufr at their own choice or were driven away by non-Muslims simply because they were Muslims, are all 'Muhajirs' in the Islamic legal sense. But, those who have moved to benefit from business or employment opportunities are not entitled to be called 'Muhajir' in that Islamic legal sense.</p><p>Then, there is the hadith from al-Bukhari and Muslim in which the Holy Prophet ﷺ has been reported to have said:</p><p>اَلمُھَاجِرُ مَن ھَجَرَ مَا نَھَی اللہَ عَنہُ وَرَسُولُہ</p><p>Muhajir is one who leaves everything Allah and His Messenger have prohibited.</p><p>The full sense of the saying becomes clear from the first sentence of this very liadith which is as follows:</p><p>اَلمُسلِم مَن سَلِمَ الممُسلِمُونَ مِن لِّسَانِہ وَیَدہہِ</p><p>A Muslim is the one from whom all Muslims remain safe - (safe) from his tongue and (safe) from his hands. (Tirmidh, Kitab al-'Iman)</p><p>As obvious, it means that a 'true and staunch Muslim has to be the one who hurts none. Similarly, a true and successful Muhajir is the one who does not consider migration from his home country as the ultimate obligation. He should, rather, leave everything else the Shari’ ah has declared to be unlawful or impermissible. Said poetically, it would be saying something like: اپنے دل کو بھی بدل جامہ احرام کے ساتھ (When you change into the Ihiram garment, better change your heart too! )The Merits of Hijrah</p><p>Just as the verses about Jihad are spread out all over in the Holy Qur'an, Hijrah too has been mentioned many times in most of the Surahs. A cumulative view of these verses shows that there are three kinds of themes in verses relating to Hijrah. Firstly, there are the merits of Hijrah; secondly, it’ s worldly and other-worldly blessings; and thirdly, warnings against not migrating from Dar al-Kufr despite having the ability to do so.</p><p>As for the merits of Hijrah, there is a verse in Surah al-Baqarah:</p><p>إِنَّ الَّذِينَ آمَنُوا وَالَّذِينَ هَاجَرُ‌وا وَجَاهَدُوا فِي سَبِيلِ اللَّـهِ أُولَـٰئِكَ يَرْ‌جُونَ رَ‌حْمَتَ اللَّـهِ ۚ وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ ﴿218﴾</p><p>As for those who believed and those who migrated and carried out Jihad in the way of Allah, they do hope for Allah's mercy and Allah is Forgiving, Very-Merciful - (2:218).</p><p>The second verse appears in Surah al-Taubah:</p><p>الَّذِينَ آمَنُوا وَهَاجَرُ‌وا وَجَاهَدُوا فِي سَبِيلِ اللَّـهِ بِأَمْوَالِهِمْ وَأَنفُسِهِمْ أَعْظَمُ دَرَ‌جَةً عِندَ اللَّـهِ ۚ وَأُولَـٰئِكَ هُمُ الْفَائِزُونَ ﴿20﴾</p><p>And those who believed and emigrated and took up Jihad in the way of Allah with their wealth and lives are greater in rank in the sight of Allah - and they are the successful ones - (9:20).</p><p>The third verse belongs to Surah al-Nis-a' and appears right here as part of the set of verses under study:</p><p>وَمَن يَخْرُ‌جْ مِن بَيْتِهِ مُهَاجِرً‌ا إِلَى اللَّـهِ وَرَ‌سُولِهِ ثُمَّ يُدْرِ‌كْهُ الْمَوْتُ فَقَدْ وَقَعَ أَجْرُ‌هُ عَلَى اللَّـهِ</p><p>And whoever migrates in the way of Allah shall find in the earth many a place to settle and a wide dimension (of resources). And whoever leaves his home migrating for the sake of Allah and His Messenger and death overtakes him, then, his reward is established with Allah. And Allah is Most-Forgiving, Very-Merciful - (4:100).</p><p>According to some narrations, this last verse was revealed about Sayyidna Khalid ibn Hizam at the time of the migration to Ethiopia. He had left Makkah on his way to Ethiopia with the intention of Hijrah. Enroute, a snake bit him which caused his death. In short, the three verses cited above have clearly emphasized Hijrah from Dar al-Kufr (migration from the Abode of Disbelief) and the many merits it has.</p><p>In a hadith, the Holy Prophet ﷺ has said: اَلھِجرَۃُ تَھدِمُ مَا کَانَ قَبلَھَا ، meaning: Hijrah will undo all sins which may have been committed before it.</p><p>The Blessings of Hijrah</p><p>As for blessings, a verse from Surah al-Nahl says:</p><p>وَالَّذِينَ هَاجَرُ‌وا فِي اللَّـهِ مِن بَعْدِ مَا ظُلِمُوا لَنُبَوِّئَنَّهُمْ فِي الدُّنْيَا حَسَنَةً ۖ وَلَأَجْرُ‌ الْآخِرَ‌ةِ أَكْبَرُ‌ ۚ لَوْ كَانُوا يَعْلَمُونَ ﴿41﴾</p><p>And those who migrated for the sake of Allah after they were subjected to injustice, to them We shall give a good place to be in the world while the reward of the Hereafter is certainly great - only if they had realized! (16:41)</p><p>The fourth verse of the set of four verses (97-100) appearing at the head of this part of the Commentary deals with approximately the same subject. There it has been said:</p><p>وَمَن يُهَاجِرْ‌ فِي سَبِيلِ اللَّـهِ يَجِدْ فِي الْأَرْ‌ضِ مُرَ‌اغَمًا كَثِيرً‌ا وَسَعَةً</p><p>And whoever migrates in the way of Allah shall find in the earth many a place to settle and a wide dimension (of resources).</p><p>The word 'muragham' مُرَ‌اغَم in the verse is a verbal noun which means to move from one land to the other' and the place to which one moves and settles is also called 'muragham'.</p><p>Both these verses quoted above tell us about the open and the hidden blessings of Hijrah where Almighty Allah has promised to everyone who migrates for the sake of Allah and His Messenger that He shall open new opportunities in the world for them and give them a good home to settle. As for the rewards and ranks of the Hereafter, they are beyond any reach of expectation or imagination.</p><p>The words لَنُبَوِّئَنَّهُمْ فِي الدُّنْيَا حَسَنَةً 'which promise 'a good place to be' in the world have been interpreted variously. Mujahid explains it as 'lawful sustenance', Hasan al-Basri (رح) as 'good home' while some other commentators have interpreted it as 'superiority in excellence, honour and power over antagonists.' The truth of the matter is that all these elements are included within the sense of the verse. World history bears witness that whoever has left his homeland for the sake of Allah, to him Almighty Allah has given a home far better than what he had earlier, far more honour and far more comfort. Sayyidna Ibrahim (علیہ السلام) migrated to Syria from his homeland in Iraq - Allah gave him all those things. Sayyidna Musa and the Bani Isra'il migrated from Egypt, their homeland for the sake of Allah, then He gave them the land of Syria, a better homeland. Then, they got Egypt too. When our master and the last of the prophets, Sayyidna Muhammad ﷺ and his Companions left Makkah for the sake of Allah and His Messenger, these blessed emigrants found the best of shelter in Madinah, far better than Makkah. There they had honour and power and peace and prosperity. Of course, this does not include the transitory hardship faced during the early period of Hijrah. But, soon after that, the blessings, which were showered on these people and which continued through several generations, shall be the proper yardstick in this matter.</p><p>Events related to the poverty and hunger of Noble Companions so well-known belong generally to the early period of Hijrah; or, go as what can be called volitional acceptance of poverty, a dignified attitude of readiness to live with less (Faqr). In other words, they just did not like worldly wealth and property as a result of which they lost no time in spending what they received, in the way of Allah. This was very much the state in which the Holy Prophet ﷺ lived. His lack of means and patience in hunger were simply voluntary. He just did not choose to be rich. Nonetheless, during the sixth year of Hijrah, after the conquest of Khyber, things had changed and sufficient means of sustenance were available for the Holy Prophet ﷺ and his family. The same was the case with all righteous caliphs. When they reached Madinah, Allah had given them everything they needed. But, when Islam needed their support, Sayyidna Abu Bakr ؓ came forward and donated everything he had in his house. The Mother of the Faithful, Sayyidah Zaynab ؓ would give away all her stipend money to the poor and the needy and remain satisfied living indigently. For this reason, she was called 'The Mother of the Needy'. On the other side, no less in number were the rich ones among the Companions ؓ who left wealth and property behind. There were many among the Companions who were poor in their home-city of Makkah but Allah Almighty made them rich and happy after Hijrah. Sayyidna Abu Hurairah ؓ can be cited as a good example. When he was appointed the governor of a province, he used to enjoy talking about his past with unusual relish. He would formally address himself and say: '0 Abu Hurairah, you are the same man, the servant of a tribe. Your salary was what you could eat. Your duty was to walk with those who rode on a journey and your duty was to collect firewood for them when they broke their journey at a certain stage. Today, because of Islam, you are here, so high from so low, and they call you the Commander of the Faithful!</p><p>In summation, it can be said that the world has openly witnessed the fulfillment of the promise Allah has made in the Qur'an. However, the verse has put a condition that they must be 'true emigrants for the sake of Allah', a substantiation of Hajaru fi-llah. This kind of emigrant should have not migrated for the sake of wordly wealth, office, power, recognition, honour or influence. Otherwise, in a hadith of al-Bukhari, the Holy Prophet ﷺ has also been reported to have said: 'Those who migrate for the sake of Allah and His Messenger, their migration is precisely for Allah and His Messenger.' It means that this is the correct mode of Hijrah the merits and blessings of which appear in the Qur'an. As for those who migrate to make money or marry a woman, their compensation against Hijrah is exactly what they migrated for.</p><p>In our time, some groups of muhajirin (emigrants) who are living in distress are either in that transitory stage of the early period of Hijrah which is usually marked with hardships, or they are not Muhajirs in the real sense. They should correct their intention and take charge of the circumstances under which they live. After their intention and their corresponding deeds have been corrected, they shall witness the truth of Allah's promise with their own eyes.</p>
CommentaryThe Definition of HijrahIn the four verses cited above, the merits, blessings and injunctions of Hijrah have been described. Lexically, Hijrah, Hijran and Hajr mean 'being displeased with something and leaving it'. In common parlance, the leaving of one's home country is known as Hijrah. In the terminology of the Shari’ ah, leaving Dar al-Kufr (Homeland of disbelievers) and going to Dar al-Islam (Abode of Islam) is called Hijrah (Ruh al-Ma'ani).In Sharh al-Mishkah, Mulla ` Ali al-Qari has said: Leaving a home country for religious reasons is also included under Hijrah (Mirqat, p. 39, v.l).From the verse الَّذِينَ أُخْرِ‌جُوا مِن دِيَارِ‌هِمْ وَأَمْوَالِهِمْ (59:8): 'Those who have been driven away from their homes ...' revealed about emigrating Companions, we know if disbelievers of a country forcibly expel Muslims because they are Muslims, this too will be included under Hijrah.From this definition, we learn that Muslims migrating from India to Pakistan who came here out of disgust for Dar al-Kufr at their own choice or were driven away by non-Muslims simply because they were Muslims, are all 'Muhajirs' in the Islamic legal sense. But, those who have moved to benefit from business or employment opportunities are not entitled to be called 'Muhajir' in that Islamic legal sense.Then, there is the hadith from al-Bukhari and Muslim in which the Holy Prophet ﷺ has been reported to have said:اَلمُھَاجِرُ مَن ھَجَرَ مَا نَھَی اللہَ عَنہُ وَرَسُولُہMuhajir is one who leaves everything Allah and His Messenger have prohibited.The full sense of the saying becomes clear from the first sentence of this very liadith which is as follows:اَلمُسلِم مَن سَلِمَ الممُسلِمُونَ مِن لِّسَانِہ وَیَدہہِA Muslim is the one from whom all Muslims remain safe - (safe) from his tongue and (safe) from his hands. (Tirmidh, Kitab al-'Iman)As obvious, it means that a 'true and staunch Muslim has to be the one who hurts none. Similarly, a true and successful Muhajir is the one who does not consider migration from his home country as the ultimate obligation. He should, rather, leave everything else the Shari’ ah has declared to be unlawful or impermissible. Said poetically, it would be saying something like: اپنے دل کو بھی بدل جامہ احرام کے ساتھ (When you change into the Ihiram garment, better change your heart too! )The Merits of HijrahJust as the verses about Jihad are spread out all over in the Holy Qur'an, Hijrah too has been mentioned many times in most of the Surahs. A cumulative view of these verses shows that there are three kinds of themes in verses relating to Hijrah. Firstly, there are the merits of Hijrah; secondly, it’ s worldly and other-worldly blessings; and thirdly, warnings against not migrating from Dar al-Kufr despite having the ability to do so.As for the merits of Hijrah, there is a verse in Surah al-Baqarah:إِنَّ الَّذِينَ آمَنُوا وَالَّذِينَ هَاجَرُ‌وا وَجَاهَدُوا فِي سَبِيلِ اللَّـهِ أُولَـٰئِكَ يَرْ‌جُونَ رَ‌حْمَتَ اللَّـهِ ۚ وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ ﴿218﴾As for those who believed and those who migrated and carried out Jihad in the way of Allah, they do hope for Allah's mercy and Allah is Forgiving, Very-Merciful - (2:218).The second verse appears in Surah al-Taubah:الَّذِينَ آمَنُوا وَهَاجَرُ‌وا وَجَاهَدُوا فِي سَبِيلِ اللَّـهِ بِأَمْوَالِهِمْ وَأَنفُسِهِمْ أَعْظَمُ دَرَ‌جَةً عِندَ اللَّـهِ ۚ وَأُولَـٰئِكَ هُمُ الْفَائِزُونَ ﴿20﴾And those who believed and emigrated and took up Jihad in the way of Allah with their wealth and lives are greater in rank in the sight of Allah - and they are the successful ones - (9:20).The third verse belongs to Surah al-Nis-a' and appears right here as part of the set of verses under study:وَمَن يَخْرُ‌جْ مِن بَيْتِهِ مُهَاجِرً‌ا إِلَى اللَّـهِ وَرَ‌سُولِهِ ثُمَّ يُدْرِ‌كْهُ الْمَوْتُ فَقَدْ وَقَعَ أَجْرُ‌هُ عَلَى اللَّـهِAnd whoever migrates in the way of Allah shall find in the earth many a place to settle and a wide dimension (of resources). And whoever leaves his home migrating for the sake of Allah and His Messenger and death overtakes him, then, his reward is established with Allah. And Allah is Most-Forgiving, Very-Merciful - (4:100).According to some narrations, this last verse was revealed about Sayyidna Khalid ibn Hizam at the time of the migration to Ethiopia. He had left Makkah on his way to Ethiopia with the intention of Hijrah. Enroute, a snake bit him which caused his death. In short, the three verses cited above have clearly emphasized Hijrah from Dar al-Kufr (migration from the Abode of Disbelief) and the many merits it has.In a hadith, the Holy Prophet ﷺ has said: اَلھِجرَۃُ تَھدِمُ مَا کَانَ قَبلَھَا ، meaning: Hijrah will undo all sins which may have been committed before it.The Blessings of HijrahAs for blessings, a verse from Surah al-Nahl says:وَالَّذِينَ هَاجَرُ‌وا فِي اللَّـهِ مِن بَعْدِ مَا ظُلِمُوا لَنُبَوِّئَنَّهُمْ فِي الدُّنْيَا حَسَنَةً ۖ وَلَأَجْرُ‌ الْآخِرَ‌ةِ أَكْبَرُ‌ ۚ لَوْ كَانُوا يَعْلَمُونَ ﴿41﴾And those who migrated for the sake of Allah after they were subjected to injustice, to them We shall give a good place to be in the world while the reward of the Hereafter is certainly great - only if they had realized! (16:41)The fourth verse of the set of four verses (97-100) appearing at the head of this part of the Commentary deals with approximately the same subject. There it has been said:وَمَن يُهَاجِرْ‌ فِي سَبِيلِ اللَّـهِ يَجِدْ فِي الْأَرْ‌ضِ مُرَ‌اغَمًا كَثِيرً‌ا وَسَعَةًAnd whoever migrates in the way of Allah shall find in the earth many a place to settle and a wide dimension (of resources).The word 'muragham' مُرَ‌اغَم in the verse is a verbal noun which means to move from one land to the other' and the place to which one moves and settles is also called 'muragham'.Both these verses quoted above tell us about the open and the hidden blessings of Hijrah where Almighty Allah has promised to everyone who migrates for the sake of Allah and His Messenger that He shall open new opportunities in the world for them and give them a good home to settle. As for the rewards and ranks of the Hereafter, they are beyond any reach of expectation or imagination.The words لَنُبَوِّئَنَّهُمْ فِي الدُّنْيَا حَسَنَةً 'which promise 'a good place to be' in the world have been interpreted variously. Mujahid explains it as 'lawful sustenance', Hasan al-Basri (رح) as 'good home' while some other commentators have interpreted it as 'superiority in excellence, honour and power over antagonists.' The truth of the matter is that all these elements are included within the sense of the verse. World history bears witness that whoever has left his homeland for the sake of Allah, to him Almighty Allah has given a home far better than what he had earlier, far more honour and far more comfort. Sayyidna Ibrahim (علیہ السلام) migrated to Syria from his homeland in Iraq - Allah gave him all those things. Sayyidna Musa and the Bani Isra'il migrated from Egypt, their homeland for the sake of Allah, then He gave them the land of Syria, a better homeland. Then, they got Egypt too. When our master and the last of the prophets, Sayyidna Muhammad ﷺ and his Companions left Makkah for the sake of Allah and His Messenger, these blessed emigrants found the best of shelter in Madinah, far better than Makkah. There they had honour and power and peace and prosperity. Of course, this does not include the transitory hardship faced during the early period of Hijrah. But, soon after that, the blessings, which were showered on these people and which continued through several generations, shall be the proper yardstick in this matter.Events related to the poverty and hunger of Noble Companions so well-known belong generally to the early period of Hijrah; or, go as what can be called volitional acceptance of poverty, a dignified attitude of readiness to live with less (Faqr). In other words, they just did not like worldly wealth and property as a result of which they lost no time in spending what they received, in the way of Allah. This was very much the state in which the Holy Prophet ﷺ lived. His lack of means and patience in hunger were simply voluntary. He just did not choose to be rich. Nonetheless, during the sixth year of Hijrah, after the conquest of Khyber, things had changed and sufficient means of sustenance were available for the Holy Prophet ﷺ and his family. The same was the case with all righteous caliphs. When they reached Madinah, Allah had given them everything they needed. But, when Islam needed their support, Sayyidna Abu Bakr ؓ came forward and donated everything he had in his house. The Mother of the Faithful, Sayyidah Zaynab ؓ would give away all her stipend money to the poor and the needy and remain satisfied living indigently. For this reason, she was called 'The Mother of the Needy'. On the other side, no less in number were the rich ones among the Companions ؓ who left wealth and property behind. There were many among the Companions who were poor in their home-city of Makkah but Allah Almighty made them rich and happy after Hijrah. Sayyidna Abu Hurairah ؓ can be cited as a good example. When he was appointed the governor of a province, he used to enjoy talking about his past with unusual relish. He would formally address himself and say: '0 Abu Hurairah, you are the same man, the servant of a tribe. Your salary was what you could eat. Your duty was to walk with those who rode on a journey and your duty was to collect firewood for them when they broke their journey at a certain stage. Today, because of Islam, you are here, so high from so low, and they call you the Commander of the Faithful!In summation, it can be said that the world has openly witnessed the fulfillment of the promise Allah has made in the Qur'an. However, the verse has put a condition that they must be 'true emigrants for the sake of Allah', a substantiation of Hajaru fi-llah. This kind of emigrant should have not migrated for the sake of wordly wealth, office, power, recognition, honour or influence. Otherwise, in a hadith of al-Bukhari, the Holy Prophet ﷺ has also been reported to have said: 'Those who migrate for the sake of Allah and His Messenger, their migration is precisely for Allah and His Messenger.' It means that this is the correct mode of Hijrah the merits and blessings of which appear in the Qur'an. As for those who migrate to make money or marry a woman, their compensation against Hijrah is exactly what they migrated for.In our time, some groups of muhajirin (emigrants) who are living in distress are either in that transitory stage of the early period of Hijrah which is usually marked with hardships, or they are not Muhajirs in the real sense. They should correct their intention and take charge of the circumstances under which they live. After their intention and their corresponding deeds have been corrected, they shall witness the truth of Allah's promise with their own eyes.
100
4
وَإِذَا ضَرَبْتُمْ فِى ٱلْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَقْصُرُوا۟ مِنَ ٱلصَّلَوٰةِ إِنْ خِفْتُمْ أَن يَفْتِنَكُمُ ٱلَّذِينَ كَفَرُوٓا۟ إِنَّ ٱلْكَٰفِرِينَ كَانُوا۟ لَكُمْ عَدُوًّا مُّبِينًا
<p>1. Sajdah or Sujud, a way of prostration specified by the Shari` ah of Islam as a part of Salah.</p><p>Commentary</p><p>The subject of Jihad and Hijrah were taken up in previous verses. Since travel is involved in Jihad and Hijrah under most conditions, the likelihood of confrontation with the enemy is strong and frequent while making such a trip. Therefore, special mention has been made in the verses cited above of some particular leaves and concessions in the performance of Sarah in due consideration of travel and its dangers.</p>
1. Sajdah or Sujud, a way of prostration specified by the Shari` ah of Islam as a part of Salah.CommentaryThe subject of Jihad and Hijrah were taken up in previous verses. Since travel is involved in Jihad and Hijrah under most conditions, the likelihood of confrontation with the enemy is strong and frequent while making such a trip. Therefore, special mention has been made in the verses cited above of some particular leaves and concessions in the performance of Sarah in due consideration of travel and its dangers.
101
4
وَإِذَا كُنتَ فِيهِمْ فَأَقَمْتَ لَهُمُ ٱلصَّلَوٰةَ فَلْتَقُمْ طَآئِفَةٌ مِّنْهُم مَّعَكَ وَلْيَأْخُذُوٓا۟ أَسْلِحَتَهُمْ فَإِذَا سَجَدُوا۟ فَلْيَكُونُوا۟ مِن وَرَآئِكُمْ وَلْتَأْتِ طَآئِفَةٌ أُخْرَىٰ لَمْ يُصَلُّوا۟ فَلْيُصَلُّوا۟ مَعَكَ وَلْيَأْخُذُوا۟ حِذْرَهُمْ وَأَسْلِحَتَهُمْ وَدَّ ٱلَّذِينَ كَفَرُوا۟ لَوْ تَغْفُلُونَ عَنْ أَسْلِحَتِكُمْ وَأَمْتِعَتِكُمْ فَيَمِيلُونَ عَلَيْكُم مَّيْلَةً وَٰحِدَةً وَلَا جُنَاحَ عَلَيْكُمْ إِن كَانَ بِكُمْ أَذًى مِّن مَّطَرٍ أَوْ كُنتُم مَّرْضَىٰٓ أَن تَضَعُوٓا۟ أَسْلِحَتَكُمْ وَخُذُوا۟ حِذْرَكُمْ إِنَّ ٱللَّهَ أَعَدَّ لِلْكَٰفِرِينَ عَذَابًا مُّهِينًا
<p>The concessions given in travel</p><p>(In Islamic legal terminology, Safar means journey or travel; Qasr refers to the making of one's Salah short while in that status. Thus, four obligatory Raka’ at of Zuhr, 'Asr and 'Isha are reduced in number and confined to two Raka'at only.)</p><p>Rulings:</p><p>1. Full Sarah is made in a journey which is less than 48 miles.</p><p>2. If, after reaching the destination at the end of the journey, one intends to stay there for less than fifteen days, rules relating to 'journey' will continue to apply to him, that is, the obligatory four Raka'at of Salah will be reduced to half. This is Qasr. Now, if one intends to stay at one place for fifteen days, or more, it will become his place or country of residence. Here too, Qasr will not be observed as it was not observed in his original home country, that is, full Sarah will be performed.</p><p>3. Qasr is done in the Fard (obligatory) Salah of Zuhr, 'Asr and 'Isha' only. There is no Qasr in Maghrib and Fajr, nor in Sunnah and Witr prayers.</p><p>5. If, there be no fear of possible danger during a journey, Qasr will still be observed in making Sarah.</p><p>6. Some people are troubled by apprehensions of sin when making their Sarah short (Qasr) in place of the regular full Sarah. This is not correct because Qasr is also a rule of the Shari'ah following which brings no -sin. On the contrary, it brings reward.</p><p>7. Verse 102 mentions a special way of offering Sarah in a state where, due to the fear of enemy, all the Muslims cannot pray in a single congregation. This special way is called 'Salatul-Khawf, the details of which are found in the books of Islamic Fiqh. Verse 102 says: وَإِذَا كُنتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَاةَ ; (And when you { O prophet} are among them and arrange for them the Salah). Let this not be construed to mean that the injunction of the Salah of Fear (Salatul-Khawf) is no more imperative because the blessed person of the noble Prophet ﷺ is no more present among us. The reason is that this restriction has been mentioned here in terms of the situation at that particular time, for there can be no sans-excuse Imam of Salah in the presence of the Prophet ﷺ . After him, whoever is the Imam shall be deemed to be standing in his place and he will be the one to lead the Salatul-Khawf. All leading religious authorities agree that the injunction of Salatul-Khawf is operative even after him and has not been abrogated.</p><p>8. Just as making Salatul-Khawf is permissible when in fear of hostility from human beings, so it is when one is gripped with the fear of hurt from some beast like a lion or python and there is very little time left to make the Salah.</p><p>In this verse (102), mention has been made of both groups making one Raka'ah each, but the method of performing the second Raka'ah has appeared in Hadith which says: 'When the Holy Prophet ﷺ turned for Salim after the completion of his two Raka’ at, the two groups went on to complete their one Raka'ah each on their own'. More details can be seen there.</p>
The concessions given in travel(In Islamic legal terminology, Safar means journey or travel; Qasr refers to the making of one's Salah short while in that status. Thus, four obligatory Raka’ at of Zuhr, 'Asr and 'Isha are reduced in number and confined to two Raka'at only.)Rulings:1. Full Sarah is made in a journey which is less than 48 miles.2. If, after reaching the destination at the end of the journey, one intends to stay there for less than fifteen days, rules relating to 'journey' will continue to apply to him, that is, the obligatory four Raka'at of Salah will be reduced to half. This is Qasr. Now, if one intends to stay at one place for fifteen days, or more, it will become his place or country of residence. Here too, Qasr will not be observed as it was not observed in his original home country, that is, full Sarah will be performed.3. Qasr is done in the Fard (obligatory) Salah of Zuhr, 'Asr and 'Isha' only. There is no Qasr in Maghrib and Fajr, nor in Sunnah and Witr prayers.5. If, there be no fear of possible danger during a journey, Qasr will still be observed in making Sarah.6. Some people are troubled by apprehensions of sin when making their Sarah short (Qasr) in place of the regular full Sarah. This is not correct because Qasr is also a rule of the Shari'ah following which brings no -sin. On the contrary, it brings reward.7. Verse 102 mentions a special way of offering Sarah in a state where, due to the fear of enemy, all the Muslims cannot pray in a single congregation. This special way is called 'Salatul-Khawf, the details of which are found in the books of Islamic Fiqh. Verse 102 says: وَإِذَا كُنتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَاةَ ; (And when you { O prophet} are among them and arrange for them the Salah). Let this not be construed to mean that the injunction of the Salah of Fear (Salatul-Khawf) is no more imperative because the blessed person of the noble Prophet ﷺ is no more present among us. The reason is that this restriction has been mentioned here in terms of the situation at that particular time, for there can be no sans-excuse Imam of Salah in the presence of the Prophet ﷺ . After him, whoever is the Imam shall be deemed to be standing in his place and he will be the one to lead the Salatul-Khawf. All leading religious authorities agree that the injunction of Salatul-Khawf is operative even after him and has not been abrogated.8. Just as making Salatul-Khawf is permissible when in fear of hostility from human beings, so it is when one is gripped with the fear of hurt from some beast like a lion or python and there is very little time left to make the Salah.In this verse (102), mention has been made of both groups making one Raka'ah each, but the method of performing the second Raka'ah has appeared in Hadith which says: 'When the Holy Prophet ﷺ turned for Salim after the completion of his two Raka’ at, the two groups went on to complete their one Raka'ah each on their own'. More details can be seen there.
102
4
فَإِذَا قَضَيْتُمُ ٱلصَّلَوٰةَ فَٱذْكُرُوا۟ ٱللَّهَ قِيَٰمًا وَقُعُودًا وَعَلَىٰ جُنُوبِكُمْ فَإِذَا ٱطْمَأْنَنتُمْ فَأَقِيمُوا۟ ٱلصَّلَوٰةَ إِنَّ ٱلصَّلَوٰةَ كَانَتْ عَلَى ٱلْمُؤْمِنِينَ كِتَٰبًا مَّوْقُوتًا
103
4
وَلَا تَهِنُوا۟ فِى ٱبْتِغَآءِ ٱلْقَوْمِ إِن تَكُونُوا۟ تَأْلَمُونَ فَإِنَّهُمْ يَأْلَمُونَ كَمَا تَأْلَمُونَ وَتَرْجُونَ مِنَ ٱللَّهِ مَا لَا يَرْجُونَ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
104
4
إِنَّآ أَنزَلْنَآ إِلَيْكَ ٱلْكِتَٰبَ بِٱلْحَقِّ لِتَحْكُمَ بَيْنَ ٱلنَّاسِ بِمَآ أَرَىٰكَ ٱللَّهُ وَلَا تَكُن لِّلْخَآئِنِينَ خَصِيمًا
<p>Sequence</p><p>While discussing the matters relating to the open disbelievers, the Holy Qur'an has, in some places in the previous verses, referred to the hypocrites and has pointed out that Kufr or disbelief was the common denominator between them. Further on, a particular episode relating to some hypocrites finds mention in the present verses, details of which are being given below.</p>
SequenceWhile discussing the matters relating to the open disbelievers, the Holy Qur'an has, in some places in the previous verses, referred to the hypocrites and has pointed out that Kufr or disbelief was the common denominator between them. Further on, a particular episode relating to some hypocrites finds mention in the present verses, details of which are being given below.
105
4
وَٱسْتَغْفِرِ ٱللَّهَ إِنَّ ٱللَّهَ كَانَ غَفُورًا رَّحِيمًا
<p>The background of these verses</p><p>The nine verses (105-113) cited above refer to a particular episode. But, very much in accordance with the characteristic style of the Qur'an, the instructions given in this connection are not peculiar to this episode. They are, rather, a set of basic principles and rules commonly beneficial for all Muslims whether of a given time or of future generations.</p><p>Let us go to the event first, then consider the wisdom of related instructions which provide solutions to corresponding problems. The episode centres around the clan of Banu Ubayriq in Madinah. A man from this clan - his name being Bashir as in the narration of Tirmidhi and Hakim, or Tu'mah as in the narration of al-Baghawi and Ibn Jarir - broke into the house of Sayyidna Rifa` ah, the uncle of Sayyidna Qatdah ibn al-Nu` man, and committed a theft.</p><p>In the narration of Tirmidhi, it is also mentioned that this man was, in reality, a hypocrite. He used to live in Madinah yet was audacious enough to compose poetic satires insulting the noble Companions and used to publicise these in the name of others while keeping his identity concealed.</p><p>As for the actual theft it was committed during the early period of Hijrah when Muslims generally lived under straightened circumstances facing all sorts of need, hunger and deprivation. The common food they ate was bread from barley flour or dates, or wheat flour which was scarce and just not available in Madinah. Once in a while, when it did come from Syria some people would buy it for guests or for some other special need. Thus, Sayyidna Rifa` ah bought some wheat flour for himself, put it in a bag, added some arms on top of it and stashed the bag in a small roomette of the house in all possible safety. But, this man - Ibn Ubayriq, Bashir or Tu'mah - somehow came to know, broke into the house and decamped with the bag. When Sayyidna Rifa` ah discovered the theft in the morning, he went to his nephew, Qatadah and told him about it. Together they went out investigating in the locality. Some people said that they had seen the light of fire coming from the Banu Ubayriq house last night and that probably they were cooking what was stolen. When Banu Ubayriq learnt about their secret being out, they themselves came there and charged that the theft was committed by Labid ibn Sahl. Labid was well-known as a sincere and pious Muslim. When Labid himself came to know about this allegation, he came out of his house, sword in hand, saying: You are blaming me for this theft, now I am not going to put my sword back into the sheath, until the truth of this theft becomes clear.</p><p>Quietly, Banu Ubayriq confided to him: Do not worry. Nobody is blaming you. Moreover, this is not the sort of thing you would do. At this point, the narration in al-Baghawi and Ibn Jarir says that Banu Ubayriq charged a Jew with the theft and, very cleverly, made a track of seemingly falling flour from .a slit in the bag, which was their own work, all the way from Rifa` ah's house to the house of the Jew. When the traces of the flour were discovered and word went around, they carried the stolen arms and armours as well to the same Jew and left these with him for safe keeping. Following investigations, they were recovered from his house. The Jew declared on oath that these were given to him by Ibn Ubayriq.</p><p>In order to bring the two narrations of Tirmidhi and al-Baghawi into harmony, it can be said that may be Banu Ubayriq had first charged Labid ibn Sahl with the theft, but once they realized that their ruse was not working, they targeted the Jew with the blame. Ulti-mately then, the case now rested between the Jew and Banu Ubayriq.</p><p>On the other side, Sayyidna Qatadah and Rifa` ah were overwhelmingly convinced on the basis of circumstantial evidence that this was the work of Banu Ubayriq. Sayyidna Qatadah went to the Holy Prophet ﷺ and told him about the theft and also told him that he strongly suspected Banu Ubayriq. When Banu Ubayriq heard the news, they came to the Holy Prophet ﷺ and complained against Sayyidna Qatadah and Rifa` ah ؓ that they were putting the blame for the theft on them without having any valid legal proof and despite the fact that the stolen property was recovered from the house of the Jew. They appealed to the Holy Prophet ﷺ to restrain Sayyidna Qatadah and Rifa` ah ؓ from blaming them for the theft and if they had to sue anyone, they should sue the Jew.</p><p>Things as they appeared on the outside made even the Holy Prophet ﷺ incline towards the probability that the theft was committed by the Jew and that the accusation against Banu Ubayriq was not correct. So much so that, according to the narration of al Baghawi, the Holy Prophet ﷺ had the intention of inflicting the punishment for theft on the Jew and sever his hand.</p><p>Matters went worse when Sayyidna Qatadah appeared before the Holy Prophet ﷺ who admonished him by saying that he was accusing a Muslim family of theft without any proof. Sayyidna Qatadah ؓ was grieved about the whole thing and wished that he had not spoken to the Holy Prophet ﷺ about this matter even if he had to bear by the loss of his property. Similarly, when Sayyidna Rifa` ah learnt about what the Holy Prophet ﷺ had said, he too exercised patience and said: (And Allah is the one from whom all help is sought).</p><p>Not much time had passed when a whole section of the Qur'an was revealed about this episode through which the reality behind it was shown to the Holy Prophet ﷺ and general instructions covering such cases were given. As the Holy Qur'an exposed the theft committed by Banu Ubayriq and acquitted the Jew. Banu Ubayriq were left with no choice but to return the stolen property to the Holy Prophet ﷺ who had it returned to the owner, Sayyidna Rifa` ah ؓ ، who finally endowed all those arms for use in Jihad. When Banu Ubayriq found their theft exposed, Bashir, the son of Ubayriq ran away from Madinah landing in Makkah where he joined the disbelievers. Consequently, if he had been a hypocrite earlier, he became an acknowledged disbeliever; and, if he was a Muslim earlier, he was an apostate now.</p><p>It appears in Tafsir al-Bahr al-Muhit that the curse of his antagonism to Allah and His Messenger did not allow Bashir ibn Ubayriq to live peacefully even in Makkah. When the woman at whose house he had taken up residence found out about this episode, she threw him out of her house. Thus, loitering on the streets came the day when he broke into somebody else's house. The wall through which he went in collapsed on him and killed him right there.</p><p>These are the details of the episode. Let us now give some thought to what has been said in the Qur'an:</p><p>After telling the Holy Prophet ﷺ the reality behind the case of theft, in the first verse (105), it was said: Allah has given you the Qur'an through revelations so that you can use the knowledge and insight gifted to you to decide matters accordingly, abstaining from taking sides with traitors, that is, Banu Ubayriq. No doubt, the obvious circumstances and evidences were such that a tilt towards the probability of the Jew having committed the theft was not a sin, yet contrary to the actual fact it was. Therefore, in the second verse (106), the Holy Prophet ﷺ was asked to seek forgiveness from Allah because the station of prophets (علیہم السلام) is very high and Allah does not favour the issuance of even something so insignificant from them.</p>
The background of these versesThe nine verses (105-113) cited above refer to a particular episode. But, very much in accordance with the characteristic style of the Qur'an, the instructions given in this connection are not peculiar to this episode. They are, rather, a set of basic principles and rules commonly beneficial for all Muslims whether of a given time or of future generations.Let us go to the event first, then consider the wisdom of related instructions which provide solutions to corresponding problems. The episode centres around the clan of Banu Ubayriq in Madinah. A man from this clan - his name being Bashir as in the narration of Tirmidhi and Hakim, or Tu'mah as in the narration of al-Baghawi and Ibn Jarir - broke into the house of Sayyidna Rifa` ah, the uncle of Sayyidna Qatdah ibn al-Nu` man, and committed a theft.In the narration of Tirmidhi, it is also mentioned that this man was, in reality, a hypocrite. He used to live in Madinah yet was audacious enough to compose poetic satires insulting the noble Companions and used to publicise these in the name of others while keeping his identity concealed.As for the actual theft it was committed during the early period of Hijrah when Muslims generally lived under straightened circumstances facing all sorts of need, hunger and deprivation. The common food they ate was bread from barley flour or dates, or wheat flour which was scarce and just not available in Madinah. Once in a while, when it did come from Syria some people would buy it for guests or for some other special need. Thus, Sayyidna Rifa` ah bought some wheat flour for himself, put it in a bag, added some arms on top of it and stashed the bag in a small roomette of the house in all possible safety. But, this man - Ibn Ubayriq, Bashir or Tu'mah - somehow came to know, broke into the house and decamped with the bag. When Sayyidna Rifa` ah discovered the theft in the morning, he went to his nephew, Qatadah and told him about it. Together they went out investigating in the locality. Some people said that they had seen the light of fire coming from the Banu Ubayriq house last night and that probably they were cooking what was stolen. When Banu Ubayriq learnt about their secret being out, they themselves came there and charged that the theft was committed by Labid ibn Sahl. Labid was well-known as a sincere and pious Muslim. When Labid himself came to know about this allegation, he came out of his house, sword in hand, saying: You are blaming me for this theft, now I am not going to put my sword back into the sheath, until the truth of this theft becomes clear.Quietly, Banu Ubayriq confided to him: Do not worry. Nobody is blaming you. Moreover, this is not the sort of thing you would do. At this point, the narration in al-Baghawi and Ibn Jarir says that Banu Ubayriq charged a Jew with the theft and, very cleverly, made a track of seemingly falling flour from .a slit in the bag, which was their own work, all the way from Rifa` ah's house to the house of the Jew. When the traces of the flour were discovered and word went around, they carried the stolen arms and armours as well to the same Jew and left these with him for safe keeping. Following investigations, they were recovered from his house. The Jew declared on oath that these were given to him by Ibn Ubayriq.In order to bring the two narrations of Tirmidhi and al-Baghawi into harmony, it can be said that may be Banu Ubayriq had first charged Labid ibn Sahl with the theft, but once they realized that their ruse was not working, they targeted the Jew with the blame. Ulti-mately then, the case now rested between the Jew and Banu Ubayriq.On the other side, Sayyidna Qatadah and Rifa` ah were overwhelmingly convinced on the basis of circumstantial evidence that this was the work of Banu Ubayriq. Sayyidna Qatadah went to the Holy Prophet ﷺ and told him about the theft and also told him that he strongly suspected Banu Ubayriq. When Banu Ubayriq heard the news, they came to the Holy Prophet ﷺ and complained against Sayyidna Qatadah and Rifa` ah ؓ that they were putting the blame for the theft on them without having any valid legal proof and despite the fact that the stolen property was recovered from the house of the Jew. They appealed to the Holy Prophet ﷺ to restrain Sayyidna Qatadah and Rifa` ah ؓ from blaming them for the theft and if they had to sue anyone, they should sue the Jew.Things as they appeared on the outside made even the Holy Prophet ﷺ incline towards the probability that the theft was committed by the Jew and that the accusation against Banu Ubayriq was not correct. So much so that, according to the narration of al Baghawi, the Holy Prophet ﷺ had the intention of inflicting the punishment for theft on the Jew and sever his hand.Matters went worse when Sayyidna Qatadah appeared before the Holy Prophet ﷺ who admonished him by saying that he was accusing a Muslim family of theft without any proof. Sayyidna Qatadah ؓ was grieved about the whole thing and wished that he had not spoken to the Holy Prophet ﷺ about this matter even if he had to bear by the loss of his property. Similarly, when Sayyidna Rifa` ah learnt about what the Holy Prophet ﷺ had said, he too exercised patience and said: (And Allah is the one from whom all help is sought).Not much time had passed when a whole section of the Qur'an was revealed about this episode through which the reality behind it was shown to the Holy Prophet ﷺ and general instructions covering such cases were given. As the Holy Qur'an exposed the theft committed by Banu Ubayriq and acquitted the Jew. Banu Ubayriq were left with no choice but to return the stolen property to the Holy Prophet ﷺ who had it returned to the owner, Sayyidna Rifa` ah ؓ ، who finally endowed all those arms for use in Jihad. When Banu Ubayriq found their theft exposed, Bashir, the son of Ubayriq ran away from Madinah landing in Makkah where he joined the disbelievers. Consequently, if he had been a hypocrite earlier, he became an acknowledged disbeliever; and, if he was a Muslim earlier, he was an apostate now.It appears in Tafsir al-Bahr al-Muhit that the curse of his antagonism to Allah and His Messenger did not allow Bashir ibn Ubayriq to live peacefully even in Makkah. When the woman at whose house he had taken up residence found out about this episode, she threw him out of her house. Thus, loitering on the streets came the day when he broke into somebody else's house. The wall through which he went in collapsed on him and killed him right there.These are the details of the episode. Let us now give some thought to what has been said in the Qur'an:After telling the Holy Prophet ﷺ the reality behind the case of theft, in the first verse (105), it was said: Allah has given you the Qur'an through revelations so that you can use the knowledge and insight gifted to you to decide matters accordingly, abstaining from taking sides with traitors, that is, Banu Ubayriq. No doubt, the obvious circumstances and evidences were such that a tilt towards the probability of the Jew having committed the theft was not a sin, yet contrary to the actual fact it was. Therefore, in the second verse (106), the Holy Prophet ﷺ was asked to seek forgiveness from Allah because the station of prophets (علیہم السلام) is very high and Allah does not favour the issuance of even something so insignificant from them.
106
4
وَلَا تُجَٰدِلْ عَنِ ٱلَّذِينَ يَخْتَانُونَ أَنفُسَهُمْ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمًا
<p>In the third verse (107), it has been emphatically asserted once again that the Messenger of Allah should not defend those who are disloyal and treacherous, for Allah does not like them.</p>
In the third verse (107), it has been emphatically asserted once again that the Messenger of Allah should not defend those who are disloyal and treacherous, for Allah does not like them.
107
4
يَسْتَخْفُونَ مِنَ ٱلنَّاسِ وَلَا يَسْتَخْفُونَ مِنَ ٱللَّهِ وَهُوَ مَعَهُمْ إِذْ يُبَيِّتُونَ مَا لَا يَرْضَىٰ مِنَ ٱلْقَوْلِ وَكَانَ ٱللَّهُ بِمَا يَعْمَلُونَ مُحِيطًا
<p>The fourth verse (108) describes the condition of people who betray trust and act treacherously. It is strange that these people feel shy before other people like them and conceal their theft from them while they do not feel shy before Allah who is with them all the time and watches over everything they do, specially the occasion when they mutually conspired to put the blame on the Jew, went to the Holy Prophet ﷺ complained against Rifa` ah and Qatadah ؓ ، charged them of false accusation and appealed to the Holy Prophet for support against the Jew.</p>
The fourth verse (108) describes the condition of people who betray trust and act treacherously. It is strange that these people feel shy before other people like them and conceal their theft from them while they do not feel shy before Allah who is with them all the time and watches over everything they do, specially the occasion when they mutually conspired to put the blame on the Jew, went to the Holy Prophet ﷺ complained against Rifa` ah and Qatadah ؓ ، charged them of false accusation and appealed to the Holy Prophet for support against the Jew.