Surah Al-Baqara (2): Read Online and Download - English Translation

Explained here in this verse are the remaining injunctions of fasting including the injunction relating to I` tikaf اعتکاف .

Commentary

The opening words of the verse, أُحِلَّ لَكُمْ (uhilla lakum: 'It is made lawful for you' ) tell us that the act made lawful through this verse was unlawful before. According to a narration by the blessed Companion, Bar-a' ibn ` Azib براء بن عازب appearing in Sahib al-Bukhari, in the early days when the fasts of Ramadan were made obligatory, the permission to eat, drink and have marital intimacy with wives was subjected to the condition that one does not sleep after breaking of the fast. So, as the practice was, a post-iftar nap rendered all these conveniences unlawful. Some Companions ran into difficulties due to this restriction. The blessed Companion, Qays ibn Sarma al-Ansari قہس بن سرما انصاری is reported to have reached home after a hard day's labour. The time of iftar was near and there was nothing to eat. His wife said that she would go out and somehow get him something to eat. When she returned she found her husband asleep, obviously because he was so tired from his day-long work. Now, when he got up, eating had become unlawful. He went on to fast for the next day in the same condition with the result that by afternoon, he fainted (ibn Kathir). Similarly, some Companions, may Allah be pleased with them, were embarrassed getting involved in marital relations with their wives after they had taken a post-iftar nap. It was after such happenings that the present verse was revealed in which the first rule was cancelled and permission was given to eat, drink and have marital relations, even if this was after getting up from the post-iftar nap. In fact, the permission was extended much further when the eating of suhur or sehri towards the fag??? ماکھن end of the night, after getting up from the night's sleep, was declared to be a sunnah. This has been clearly stated in Hadith narrations. The present verse outlines this very injunction.

The literal meaning of the Qur'anic word رَفَث (rafath) is, no doubt, general and covers everything a husband suggests, says or does in making his wife consent to his desire, but there is a total agreement of the Muslim Ummah that, at this place, it means sexual intercourse.

It is important to bear in mind that the order or rule which has been abrogated by this verse, that is, the unlawfulness of eating and drinking after having taken a nap, has not appeared in the text of the Holy Qur'an anywhere. The noble Companions acted in accordance with this rule as set by the Holy Prophet ﷺ (as narrated by Ahmad in his Musnad). This rule is abrogated by the verse only after giving it the authenticity of a divine command. In other words, the verse first establishes the rule in force as the divine command and then, it was for the sake of convenience that it was abrogated. From here we find out that some rules provenly set proven by the Sunnah can also be abrogated through the Qur'an. So, in the Islamic law, the decision of the Messenger ﷺ of Allah has the same authority as the injunction of the Holy Qur'an.

Eating Sahri:

The correct time when fasting begins and all eating and drinking turns unlawful has been fixed through a delicate similitude in the verse حَتَّىٰ يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ ('until the white thread of the dawn becomes distinct from the black thread' ). Here, the darkness of the night has been likened to the black thread and the light of the dawn to the white thread. In order to eliminate the chances of extremism, the qualifier حَتَّىٰ يَتَبَيَّنَ (becomes distinct) was added which means that one should not act like the chronically skeptical to believe all eating and drinking to be unlawful earlier than the break of dawn, nor should one become so heedless as to go on eating and drinking even after having become certain of the light of dawn. In fact, the certainty of the break of dawn is the line of demarcation between eating and drinking and the intended fast. Before one arrives at this certainty, it is not correct to take eating and drinking as haram حرام . Similarly, after the certainty, any indulgence in eating and drinking shall be haram حرام ، and is a source which may lead to the spoiling of the fast, even if it exceeds the limit for a minute. The latitude and leeway allowed in eating suhur remains valid only upto the time one is not certain of the break of dawn. Particular incidents of this nature attributed to some blessed Companions have been reported when they continued eating and drinking well past the break of dawn. This was because they were not yet 'certain' of the dawn and refused to listen to those who favoured to stop much earlier.

In a hadith, the Holy Prophet g is reported to have said: 'The adhan اذان of Bilal ؓ should not stop you from eating suhur because he calls the adhan اذان well ahead in the night. Therefore, you continue eating and drinking, even after having heard Bilal's adhan اذان ، until such time that you hear the adhan اذان called by Ibn Umm Maktum because he calls the adhan اذان precisely at the break of dawn' (Bukhari and Muslim).

Because of the partial reporting of this hadith, some contemporaries misunderstood its provision when they suggested that there is no harm if eating and drinking is continued for a little while even after the adhan اذان of Fajr فجر and consequently, made it permissible for a person, who woke up late while the adhan اذان of Fajr فجر was being called, that he can hasten to eat something. The fact is that the hadith quoted above has very clearly said that it was necessary to stop eating or drinking with the adhan اذان of Ibn Umm Maktum ؓ which was called precisely at the break of dawn. In addition to that, the Holy Qur'an has itself established the deadline which is the 'certainty' of the break of dawn. Giving people the permission to eat and drink even one minute beyond that is a contravention of the textual imperative of the Holy Qur'an. As for the narrations reported from the noble Companions and early elders of the community regarding the subject of convenience in iftar and suhur, these can be explained, keeping the text of the Holy Qur'an in view, by saying that they aim to avoid excessive precautionary self-restriction well before one becomes certain of the break of dawn. Imam Ibn Kathir (رح) has also explained these narrations as based on the factor mentioned above. Otherwise, how could even a common Muslim tolerate an open contravention of the Qur'anic command? One could not even dream of something like this coming from the blessed Companions, specially so, when the Holy Qur'an has right here at the end of this verse, emphasized special precaution in this respect. Notice how فَلَا تَقْرَ‌بُوهَا (so, do not go near them) has been added to تِلْكَ حُدُودُ اللَّـهِ (These are the limits set by Allah) which explains the point made earlier.

Ruling:

All that has been said here is about people who are at a place from where they could see the break of the dawn with their own eyes and thus become 'certain' of it, moreover, if they have the additional advantage of a clear horizon and the personal ability to recognize the initial light of the dawn, then, it is necessary that they should act directly by looking at the horizon. Where the case is other than this, for example, the horizon is not in open view, or it is not clear, or one does not know how to identify the break of dawn, people determine its time by other signs or calculations. Obviously, for them there will be a time when the certain break of dawn would not be that certain. If it remains doubtful, what should people do then? Imam al-Jassas (رح) ، in his Ahkam al-Qur'an, has answered this question by saying that, in a condition such as this, it will be desirable not to go ahead and eat or drink with considered volition, but, should anyone eat or drink something in a state of doubt, well ahead of becoming certain of the break of dawn, he will not be a sinner. However, should it prove later that dawn had set in at that time, keeping a fast as qada' قضاء will become necessary. For instance, if moon is not sighted on the eve of Ramadan Observe the limits of and people do not fast, but the sighting of the new moon on the 29th was proved later on through witnesses, then, in that case, those who did not fast that day under the impression that it was the 30th of Sha` ban did not become sinners thereby, however, the qada' قضاء of that particular fast will become due on them, a position on which there is a unanimous agreement of the community. Similarly, if someone breaks his fast close to sunset on a cloudy day and the sun turns out to be still there on the horizon later on, then such a person, for that matter, will not be a sinner but he has to do the necessary qada' قضاء for the spoiled fast.

The explanation given by Imam al-Jassas (رح) makes it clear that one who wakes up late and the usual calls of adhan اذان were being made, which necessarily makes it certain that dawn has appeared, then if such a person eats anything knowingly, he will not only be a sinner but also be bound to do gads' قضاء . If he eats in a state of doubt, the sin will be committed but qada' قضاء will still be due with the added factor of reprehensibility in a certain degree.

The worship of I` tikaf

Literally, I` tikaf اعتکاف means to stay at some place in seclusion. In the terminology of the Qur'an and Sunnah, I` tikaf is the act of staying in a mosque under particular conditions. The universality of the word فِي الْمَسَاجِدِ ('in mosques' ) proves that I` tikaf اعتکاف can be performed in every masjid (mosque). The juristic condition that I` tikaf اعتکاف can be done only in a masjid where congregational prayers are regularly held and that I` tikaf اعتکاف is not correct in a desolate masjid where congregational prayers are not held, is really a derivation from the very sense of a masjid since Salah with jams ah (prayer in congregation) is the main purpose of making a masjid, otherwise, individual Salah can be offered in a house, a shop, anywhere.

Ruling

That eating, drinking and marital intimacy are all lawful in the night of fasts has been stated earlier in the verse. In the state of I` tikaf اعتکاف ، the permission to eat and drink in the night remains the same as it is for everybody else, but it is different when it comes to intimacy with women which is not permissible in the state of I` tikaf, not even in the night. Therefore, the verse gives the necessary injunction in this connection. The rules of I` tikaf اعتکاف ، such as, doing I'tikdf اعتکاف while fasting and not coming out of the masjid without pressing needs recognized by Islamic law, are partly derived from the very word of I` tikaf اعتکاف and partly from the sayings and acts of the Holy Prophet ﷺ .

Observe the limits of Allah

Towards the end of the verse, by saying تِلْكَ حُدُودُ اللَّـهِ فَلَا تَقْرَ‌بُوهَا ('These are the limits set by Allah, so do not go near them' ), it has been hinted that the forbiddance of eating, drinking and marital intimacy while fasting are the limits set by Allah. One should not even go near them because, if you go near them, you may cross those limits. This is why overindulgence in gargling while fasting is makruh مکروہ (reprehensible) as it holds the danger of water slipping into the throat; also makruh مکروہ is the use of some medicine inside the mouth; again, equally makruh مکروہ is the kissing and hugging of one's wife. Similarly, it is better to stop eating and drinking a couple of minutes ahead of the time allowed for sahri or suhur just as a matter of precaution, and also, delaying the if-tar a couple of minutes. Becoming heedless and ease-prone in these matters is against this command from Allah.

Previous verses dealt with injunctions relating to fasting in which the use of lawful things has been forbidden during a fixed period and fixed timings. Now in this verse, the acquisition and use of Haram or unlawful wealth or property has been forbidden. This has a thematic congruity since the real purpose behind fasting, an act of worship, is nothing but to make man get used to abstaining from what is lawful for him. If he can do that, there is every likelihood that abstaining from what is totally unlawful will become all the more easier for him. There is yet another correspondence here. It is necessary that one must make an effort to break his or her fast with what is halal. Anyone who goes through the rigours of fasting throughout the day but ends up breaking his fast in the evening with what is Haram shall only find his fast unacceptable in the sight of Allah.

Commentary

This verse forbids the acquisition and use of wealth and property by unlawful means. It will be recalled that the acquisition and use of things by lawful means has been stressed upon in Verse 168 of Sarah al-Baqarah as follows:

يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الْأَرْ‌ضِ حَلَالًا طَيِّبًا وَلَا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ ۚ إِنَّهُ لَكُمْ عَدُوٌّ مُّبِينٌ ﴿168﴾

O mankind, eat from whatever is on earth [ that is ] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.

Again, the same command appears in Surah al-Nahl:

فَكُلُوا مِمَّا رَ‌زَقَكُمُ اللَّـهُ حَلَالًا طَيِّبًا وَاشْكُرُ‌وا نِعْمَتَ اللَّـهِ إِن كُنتُمْ إِيَّاهُ تَعْبُدُونَ ﴿114﴾

So, eat from what Allah has provided for you, permissible and good, and be grateful for the blessing of Allah, if it is Him you worship. (16:114)

The criterion of good and evil in earning

The whole world agrees that money and materials are needed and that life depends on them. So does it agree that there are favoured and permissible ways of acquiring them and there are undesirable and forbidden ways as well. Virtually the whole world looks down upon theft, robbery, and fraud, but people do not generally have some sound criterion to determine if these means are permissible or impermissible, may be this is just not possible since it relates to the well-being of the peoples of the entire world and affects humanity as such. Therefore, a universal criterion, sound and reasonable, can only come from the Lord-Creator of all the worlds through the medium of revelation. Otherwise, if human beings were themselves given the choice of forging their own criterion, naturally, those who give it a legal framework will think more about their nation, country or community and, as customary, this would be different from what would be thought about other nations and countries. Even if this exercise was done through an international body representing the whole world, that too, as experience shows, cannot satisfy all human beings. As a result, there will be legal injustice ending up in nothing but wars and chaos.

The virtues of the Islamic economic system

The Law of the permissible and the forbidden enforced by the Shari'ah of Islam comes clearly through divine revelation, or is derived from it. That law - reasonable, natural and comprehensive - is the only law that can work for every nation, country and community and could be the much wanted guarantee of peace. The reason is that everything of common utility has been left as such under this divine law, specially things to which all human beings claim equal rights, such as, the air, water, vegetation, heat, un-owned forests and the produce of uninhabited mountain growth. These are the commonly shared property of all human beings; it is not permissible for anyone to take these over as an owner.

Then there are things which, if shared, would disturb human society, or generate conflict and violence. For these the law of private ownership is promulgated. The law that governs the initial ownership of a land or its produce is different from the law of the transfer of ownership. The law has been so formulated that no human being shall be left deprived of the necessities of life, of course, on condition that he puts in his effort to acquire these. Special attention has been given to the consideration that no man usurps the rights of others, or brings loss to them, and thereby, concentrates capital in the hands of a few individuals. Under the law of the transfer of ownership - whether it is in accordance with the divine injunctions relating to post-death inheritance or takes effect through buying and selling as agreed upon by parties concerned - it was made binding that there should be absolutely no fraud or deception in the transaction and also, there should remain no such ambiguity or insufficiency which might lead to mutual bickering and dispute in the future.

Also taken into consideration is the factor of consent in transactions. It has to be made sure that the consent given by parties concerned is genuine and that such consent has not been extracted under pressure. In Islamic law, all transactions known as void, invalid or sinful have some defect inherent in the deal. At places, it could be plain fraud, at others, a return for some unknown thing or act. On occasions, someone's rights are usurped or self-interest is promoted by bringing loss upon others, or the rights of the general public are illegally disposed off. A very important reason why interest, gambling and their likes have been prohibited is that they are harmful to public interest. As a result of their evil presence in a society, some individuals get to grow as parasites while the whole community is thrown into poverty. Even if such transactions were to be carried out by a mutual consent of the parties involved, such transactions shall not be permissible because they are nothing but a formalized crime against the whole community. The present verse covers all such impermissible situations and aspects. It is interesting to note that the Holy Qur'an uses the word' أَمْوَالَكُم : (amwalakum) in وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم ، translated as 'and do not eat up each other's property by false means' which basically means 'your property'. This expression has a subtle indication to the fact that those who encroach upon the property of others must think that the other person would also have the same sort of love and concern for his property as the encroacher has for his own. If the defendant was to encroach upon the offender's property unlawfully, he would certainly be hurt.

In addition to this, the verse may be releasing yet another suggestion. When someone encroaches upon the property of someone else, and if everybody else started doing this as common practice, the natural consequence would be that others would encroach upon his property, giving him what he gave to others. Looked at from this angle, encroaching upon someone's property unlawfully is really an invitation to others to come and encroach upon the encroacher's property, equally unlawfully. For a moment, imagine what would happen to a society where the cult of adulteration in articles of daily use becomes a common practice. There will be a dealer, who earns a little more by adulterating butter with cheaper oil or fat, who will then go to a milk shop and the milkman will give him milk adulterated with water. If he needs spices, these will be adulterated. The same experience will be repeated when he goes to buy medicines. So, one person earns more by adulteration while the other person takes that extra earning out of his pocket and the third person does the same to the second and the vicious circle goes on and on add nauseas nausea. Makhan38The adulterer feels good about what extra he puts in his coffers but he never looks at the hole under it for he keeps nothing of that extra in reality. Therefore, anyone who snatches the other person's money or property by false means, in fact, opens the door to the unlawful plundering of his money and property.

In relation to this verse, there is yet another point one should bear in mind. The words of this divine injunction are general: And do not eat up each other's property by false means'. This includes the usurping of someone's property, and theft, and robbery, through which money or property belonging to someone is taken away by force. Then, there is interest, gambling, bribery and all defective sales and transactions which are also impermissible under the dictates of the Islamic law, even though, there be the certitude of consent given by concerned parties. Again, any money or property acquired through lying or a false oath, or earnings which have been prohibited by Islamic law, even though one has personally sweated out to earn it, are all haram, unlawful and false. Though the words of the Qur'an forbid 'eating' quite clearly, but the drive of the meaning here is not restricted to 'eating' as such, instead, it means 'using' in the absolute sense; it could be by eating, drinking, wearing or by any other mode of use. Metaphorically, all such uses are covered under the expression 'to eat,' for instance, A ate up the property of B, which is only a manner of saying, even though all that may not be what can be 'eaten'.

The Background of Revelation

This verse was revealed in the background of a particular event which relates to a land dispute between two of the noble Companions. The case came up for hearing in the court of the Holy Prophet ﷺ . The plaintiff had no witnesses. The Holy Prophet ﷺ asked the defendant to take an oath in accordance with Islamic legal norm. He was all set to take the oath when the Holy Prophet ﷺ recited the following verse before him as a matter of good counsel:

إِنَّ الَّذِينَ يَشْتَرُ‌ونَ بِعَهْدِ اللَّـهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا أُولَـٰئِكَ لَا خَلَاقَ لَهُمْ فِي الْآخِرَ‌ةِ

Surely, those who take a small price out of the covenant of Allah and out of their oaths, for them there is no share in the Hereafter. (3:77)

When the Companion heard this verse which warns those who try to take over someone's property through a false oath, he abandoned his intention to take that oath and surrendered the land to the plaintiff. (Ruh al-Ma'ani)

So, this was the background under which this verse was revealed. To begin with, it forbids the acquiring of someone's property by unlawful means, then towards the later part, it warns against the filing of false cases, taking of false oaths and the giving or commission-ing of false witnesses. Forbidding all these, it has been said:

وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِ‌يقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ

which means: 'Do not take property cases to the authorities, so that through them, you eat up some portion of the property of the people sinfully while you do know that you have no right therein and you are simply putting up a false case.'

The words وَأَنتُمْ تَعْلَمُونَ (while you know) at the end of the verse tell us that a person, who claims something on the basis of misunderstanding and files a suit in the court to acquire it, will not be covered by this warning. In an event of this nature, the Holy Prophet has said:

انما انا بشر و انتم تختصمون الی و لعل بعضکم ان یکون الحن بحجتہ من بعض فاقضی لہ علی نحوما اسمع منہ فمن قضیت لہ بشٔی من حق اخیہ فلا یاخذنہ فانما اقطع لہ قطیۃ من النار (رواہ البخاری و مسلم عن ام سلمہ ؓ)

I am human and you bring your disputes to me. May be one of you is more eloquent with his case than the other and I decide in his favour on the basis of what I hear from him. So, should he get anything from what is the right of his brother, he should not take it because, in that case, I shall be alloting him a plot from Hell. (Bukhri and Muslim from Umm Salmah (رضی اللہ تعالیٰ عنہا

The Holy Prophet ﷺ has made it clear in his saying quoted above that a Muslim judge may give a judgment under some misunderstanding in which the legal right of one party is being unlawfully given to the other, then, such a court judgment will not make the thing lawful for him. Also true is the converse, that is, it does not become un-lawful for one to whom it is lawful. In short, the judgment of a court does not make the lawful unlawful, or the unlawful lawful. If anyone succeeds in grabbing something belonging to somebody else through a court by means of fraud, false witness or oath, the curse of having done that will weigh heavy on his shoulders and he should, thinking of the ultimate accountability in the Hereafter and appearance in the court of Allah, the A11-knowing, the All-Aware, leave it off.

However, according to Imam Abu Hanifah (رح) ، if in transactions involving a contract or an annulment where the Qadi or judge have authority under Islamic law, the Qadi قاضی gives a judgment, even if it be on the basis of a false oath or witness, that judgment will render the contract or the annulment valid under the Islamic law. The rules of lawful and unlawful will stand imposed on it, although, the curse of lying and engineering false witnesses will hang round his neck.

Halal brings blessings; Haram produces evil:

There are several places in the Holy Qur'an where the abstention from the unlawful and the acquisition of the lawful has been stressed upon in many different ways. It has also been pointed out in a verse that human deeds and morals are enormously affected by eating what is lawful. If one does not eat and drink halal things, it is almost impossible to expect good moral and righteous deeds coming from that person. It was said in the Holy Qur'an:

يَا أَيُّهَا الرُّ‌سُلُ كُلُوا مِنَ الطَّيِّبَاتِ وَاعْمَلُوا صَالِحًا ۖ إِنِّي بِمَا تَعْمَلُونَ عَلِيمٌ ﴿51﴾

0 messengers, eat of the good things and be righteous in deeds. I am aware of what you do. (23:51)

In this verse, it will be noted that eating of the lawful has been combined with the command to do what is righteous. The hint is that righteous deeds can issue forth only when man eats and drinks what is lawful. The Holy Prophet has himself made it clear in a hadith that the address in this verse is, no doubt, to prophets, but this command is not restricted to them alone, instead, all Muslims are charged with it. Towards the end of this hadith, he also said that the prayer of a person who eats what is unlawful is not answered. The Holy Prophet a adds that there are many people who take great pains in their acts of worship, then raise their hands in prayer before Allah Almighty and say, '0 Lord, 0 Lord' but what they eat is haram حرام ، what they drink is haram حرام ، what they wear is haram حرام ، if so, how can this prayer of theirs be answered?

A great portion of the teachings of the Holy Prophet ﷺ has been devoted to the great task of saving his ummah from the unlawful and calling it to the use of what is lawful. He said:

'One who ate halal حلال ، followed the sunnah and people were not hurt by him, he will go to Paradise.' The blessed Companions ﷺ said, '0 Messenger of Allah, right now these things are common in your community. Most Muslims observe these strictly.' He said:' Yes! In future too, in every age, there will be people who shall abide by these rules.' (This hadith has been reported by Tirmidhi and he calls it sahih)

In another hadith, the Holy Prophet $ is reported to have said to the blessed Companion ` Abdullah ibn ` Umar:

There are four traits, if these are in you and you have nothing else in the world, they shall suffice you. Those four traits are: Guarding a trust, telling the truth, good morals and being particular in eating what is halal حلال .

The blessed Companion Sa'd ibn Abi Waqqas ؓ requested the Holy Prophet ﷺ to pray for him so that he may become one of those whose prayers are accepted. He said:

O Sa'd سعد ، make what you eat permissible and pure, and you shall become one whose prayers are responded to. And by Him in Whose hands rests the life of Muhammad ﷺ ، when the servant of Allah slips a morsel of what is Haram into his stomach, no deed of his is accepted for the next forty days. And a person whose flesh is made of unlawful acquisitions, for that flesh the fire of Hell is the only recipient.

The blessed Companion ` Abdullah ibn Masud ؓ reports that the.Holy Prophet ﷺ said:

By him in whose hands rests my life, no servant of Allah becomes a Muslim unless his heart and tongue become Muslim and until his neighbours become secure from his distressing deeds. And when a servant acquires the unlawful and then gives it in charity, that is not accepted; and if he spends out of it, it stays deprived of blessings; and if he leaves it behind for his inheritors, it becomes his wherewithal for the trip to Hell. Surely, Allah Almighty does not help an evil wash off another evil, but He does help the washing away of an evil deed with a good deed.

The Questions; man must answer on the Day of Resurrection

The blessed Companion Mu` adh ibn Jabal ؓ reports that the Holy Prophet ﷺ said:

ما تزال قدما عبد یوم القیامہ حتی یسال عن اربع عن عمرہ فیما افناہ و عن شبابہ فیما ابلاہ وعن مالہ من این اکتسبہ وفیما انفقہ وعن علمہ ماذا عمل فیہ (البیہقی۔ ترغیب)

No servant of Allah shall move a step on Doomsday unless he is made to answer four questions; firstly, about his life, in what did he spend it out; secondly, about his youth, in what did he consume it; thirdly, about his wealth, where from did he earn it and in what did he spend it; and fourthly, about his knowledge, how far did he act in line with it.' (Al-Bayhaqi, Targhib)

The blessed Companion, ` Abdullah ibn ` Umar ؓ reports that the Holy Prophet ﷺ once gave a sermon in which he said:

O Emigrants, I seek the refuge of Allah Almighty against five traits of character lest they should grow into you: firstly, against immodesty, for when immodesty prevails in a people they are hit by plagues, epidemics and ever-new diseases not even heard of by their elders; and secondly, against cheating in weights and measures, for when this disease grips a people, they are hit by famine, price-hikes, rigorous labour and overwork and oppressive rulers; and thirdly, against nonpayment of Zakah زکوٰۃ ، for when people do not pay Zakah زکوٰۃ ، rains are stopped; and fourthly, against the religious apathy of people, for when a community breaks its covenant with Allah and His Messenger, then Allah Almighty makes alien enemies sit over them who snatch away what belongs to them without any justification; and fifthly, against the apathy of ruling authority, for when the rulers of a people fail to decide matters in accordance with the Book of Allah, because the injunctions revealed by Allah Almighty do not suit their fancies, then Allah Almighty causes mutual hatred and disputations descend upon them. (This narration has been reported by Ibn Majah, al-Bayhaqi and others and al-Hakim has called it 'Sahih' according to the standard set by Muslim.)

May Allah Almighty give us and all Muslims the most perfect ability to stay safe against such unfortunate happenings.

The theme of righteousness which started from Verse 177 still continues. The six injunctions that have appeared so far relate to even retaliation, bequest, fasting, I` tikaf اعتکاف and abstention from the unlawful. Now come those of Hajj حج and Jihad جہاد prior to which it was clarified that lunar months and days will be followed in Hajj and in other religious obligations. Also erased here is a custom of jahiliyyah جاھلیہ (days of ignorance) which required people in Ihram احرام to go into their houses, if needed, from the back even if it had to be through a hole in the wall bored (made a hole) punctured for this purpose, as they thought it was prohibited to enter houses from the front door when in Ihram احرام . They even rated it as 'righteousness'. So, it is immediately after the mention of Hajj that Allah Almighty tells them that entering the houses from the backs is no righteousness. Real righteousness lies in abstaining from what has been made unlawful by Allah. Since coming into houses through their doors is not forbidden, the question of abstaining from it does not arise. So, those who wish to go into their houses should enter through their doors, but the center-piece of all principles is that people must keep fearing Allah so that they can hope to have the best of both the worlds.

Verse 190-191 carry the injunction relating to fighting with disbelievers. It was the month of Dhul-Qa'dah ذوالقعدہ in the year 6 A.H. that the Holy Prophet ﷺ began his journey to the sacred city of Makkah in order to perform ` Umrah عمرہ . Makkah was still controlled by the mushrikin مشرکین (the infidels). They did not allow him and his Companions to go into the city and ` Umrah عمرہ could not be performed as intended. It took a great deal of negotiating to arrive at the agreement that the Muslims would perform ` Umrah عمرہ next year. This pact is known as the 'Peace of Hudaybiyyah'; a detailed explanation of the verse in this context will appear later.

Commentary

Reported in the first Verse (189) there is a question asked by the noble Companions and its answer given by Allah Almighty. Sayyidna ` Abdullah ibn ` Abbas ؓ says that the Companions of the Holy Prophet ﷺ had a distinct mannerliness of their own. On account of the great respect they had for him, they asked very few questions from their Prophet ﷺ . This is contrary to the practice of the communities of the past prophets who asked many questions and thus failed to observe the etiquette due before a prophet. Sayyidna ` Abdullah ibn ` Abbas ؓ adds that the total number of questions asked by the noble Companions as mentioned in the Holy Qur'an is fourteen, one of which has just appeared above: إِذَا سَأَلَكَ عِبَادِي ' And when My servants ask you...' (186). The other question is right here. Other than these, there are six more questions appearing in Surah al-Baqarah itself. The rest of the six questions come up in various other Surahs.

It is mentioned in the present verse that the noble Companions asked the Messenger of Allah about the new moon as it appears in the early part of the month, having a shape different from the sun. The new moon begins as a thin crescent slowly growing into full circle, then, it starts reducing itself in the same manner. So, they asked either about its cause or about the wisdom underlying its gradual growth. Both possibilities exist. But the answer given states the wisdom and benefit behind it. Now, if the question itself was concerned with the wisdom and benefit behind the waning and waxing of the new moon, then the answer obviously synchronizes with the question. But, if the question aimed at finding out the cause of the waning and waxing of the new moon, which is far away from the mannerliness of the noble Companions, then the answer, by electing to state its wisdom and benefit rather than its reality, simply hints that finding out the reality of the heavenly bodies is not an area under man's control anyway, and then, for that matter, the knowledge of its reality is not necessary for any practical purpose, neither in this world nor in the Hereafter. Therefore, the question of reality is absurd. What could be asked and what could be explained is that there are certain benefits that accrue to us through the waning and waxing, the setting and the rising of the moon in this manner. Therefore, in response to this, the Holy Prophet g was told that he should tell them that their benefits tied to the moon are that they will find it easy to determine the time factor in their transactions and contracts, and to know about the days of the Hajj.

The Lunar Calendar is the Islamic choice

This verse tells us no more than that the moon will help identify the count of months and days on which rest transactions and acts of worship, such as, the Hajj. The same subject has been dealt with in Sarah Yanus in the following manner:

وَقَدَّرَ‌هُ مَنَازِلَ لِتَعْلَمُوا عَدَدَ السِّنِينَ وَالْحِسَابَ

And determined it (the moon) by stations, that you might know the number of the years and the reckoning. (10:5)

This tells us that the benefit of having the moon pass through different stages and conditions is that people may find out through it the count of years, months and days. But, in a verse of Sarah Bani Isra'il, this count has been connected to the sun as well in the following words:

فَمَحَوْنَا آيَةَ اللَّيْلِ وَجَعَلْنَا آيَةَ النَّهَارِ‌ مُبْصِرَ‌ةً لِّتَبْتَغُوا فَضْلًا مِّن رَّ‌بِّكُمْ وَلِتَعْلَمُوا عَدَدَ السِّنِينَ وَالْحِسَابَ

Then We erased the sign of the night and brought out the sign of the day to see, so that you seek the blessing from your Lord and get to know the number of years and the reckoning. (17:12)

Although this third verse proves that years and months can be counted with the help of a solar calendar also, yet the words used by the Holy Qur'an with regard to the moon very clearly indicate that the lunar calendar is a fixed choice in the Shari` ah of Islam, specially in prescribed acts of worship which relate to a particular month and its dates; for instance, the months of Ramadan and Hajj, as well as injunctions related to the days of Hajj, Muharram and Lailatul-Qadr لیلۃ القدر are all tied to the sighting of the new moon, all this because in this verse, by saying هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ (They are indicative of time for the people and of the Hajj), it has been established that the lunar calendar is the one to be trusted upon in the sight of Allah, although, the count of months can come out of a solar calendar as well.

The Shari'ah of Islam has opted for the lunar calendar because it is based on something which every sighted person can see on the horizon and be informed accordingly; the knowledge of it is equally easy for the scholars, the ignorant, the villagers, the islanders and the dwellers of the mountains. This stands in contrast with the solar calendar which depends on meteorological equipment and mathematical computations which cannot become the common personal experience of everybody so easily. Then comes the matter of religious observances, the ` ibadat عبادات ، where the lunar calendar has been fixed as an obligation. This has also been favoured in social and business transactions because it serves as a basis for the acts of Islamic worship, and a symbol of Islamic identity, notwithstanding the position of the solar calendar which has not been prohibited juristically, the only condition being that the use of the solar calendar should not become so widespread that people forget all about the lunar calendar. If this happens, it would necessarily affect the obligatory ` ibadat عبادات like Fasting and Hajj adversely, a sampling of which is visible in our time, in offices and businesses, government and private, where the solar calendar is being used with such frequency that many people do not seem to even remember all Islamic months by name. Apart from the juristic position of the lunar system, this situation is a deplorable demonstration of our lack of will to approach and uphold such a matter of national and religious identity with a sense of self-respect. It is not difficult to use the solar calendar only in office situations where one has to deal with non-Muslims as well, but for the rest of office correspondence, private dealings and daily requirements the lunar calendar may be used with advantage, that is, if this is done, the user will earn the thawab ثواب of performing a fard ` ala al-kifayah فرض علی الکفایہ (an obligation which, if performed by some, suffices for others), and of course, national identity will be preserved.

Ruling

From the verse لَيْسَ الْبِرُّ‌ بِأَن تَأْتُوا الْبُيُوتَ مِن ظُهُورِ‌هَا (And it is not righteousness that you come into your houses from their backs) comes the ruling that something which the Shari'ah of Islam has not classed as 'necessary' (wajib واجب ) or has not given it the status of an act of ` Ibadah عباداہ ، should not be taken as 'necessary' or an act of ` Ibadah عباداہ on one's own. This is not permissible. Similarly, taking something to be a sin while it is permissible under Islamic law is a sin in itself. This is exactly what those people had done. Entering houses through doors was permissible under religious law, yet they made it out to be a sin, while coming into the house from its back by breaking through the wall was not 'necessary' under the religious law, yet they made it out to be necessary. This was why they were admonished.

The reason why bid` at بدعت (innovations in religious matters) are not permissible is that unnecessary things are taken to be necessary like the obligatory - fard, or wajib. Or, things permissible are taken to be forbidden or unlawful. This verse makes it very clear that doing so is prohibited, and incidentally, this gives us the guiding rule in thousands of acts in vogue.

The expression وَلَا تَعْتَدُوا (and do not transgress) towards the end of the verse, according to the majority of the commentators means - 'do not go beyond the limit in fighting as to start killing women and children'.

Jihad: To fight in the way of Allah

That Jihad and Qital or fighting against disbelievers was prohibited prior to the emigration to Madinah is a fact the entire Muslim community agrees upon. All verses revealed during that time advised Muslims to be patient against pains inflicted on them by disbelievers, even to ignore and forgive when they can. It was after the emigration to Madinah that the first command to fight against them came through this verse (as said by al-Rabi' ibn Anas and others). Another narration from Sayyidna Abu Bakr al-Siddiq ؓ says that the first verse relating to this subject is: أُذِنَ لِلَّذِينَ يُقَاتَلُونَ بِأَنَّهُمْ ظُلِمُوا Leave is' given to those who are fought against because they were wronged", but according to a majority of the blessed Companions and their successors, the first verse commanding to fight the disbelievers is this very verse from Surah al-Baqarah while the verse which has been identified as the first verse on this subject by Sayyidna Abu Bakr al-Siddiq ؓ ، that too being among the very initial verses revealed, could be called the first.

The command in this verse is that Muslims should fight only those disbelievers who come to fight against them. It means that there are other people too who do not take part in fighting, such as, the women, the children, the very old, the priests and monks and others devoting themselves to quiet religious pursuits, and the physically handicapped, and those casual labourers who work for disbelievers and do not go to fight along with them; it is not permissible to kill such people in a Jihad. The reason is that the command in the verse is restricted to fighting those who come to fight Muslims. The kind of people mentioned above are not all fighters. That is why Muslim Jurists رحمۃ اللہ علیہم have also ruled that should a woman, an old man or, religious person take part in actual fighting along with disbelievers or be helping them in any manner in their fight against the Muslims, then, killing them is permissible because they come under the purview of الَّذِينَ يُقَاتِلُونَكُمْ those who fight you'. (Mazhari, Qurtubi and Jassas)

The battle orders of the Holy Prophet ﷺ given to the mujahidin of Islam at the time of Jihad carry a good explanation of this injunction. In a hadith from al-Bukhari and Muslim, as narrated by the blessed Companion ` Abdullah ibn ` Umar ؓ ، it is said:

نھی رسول اللہ ﷺ عن قتل النساء والصبیان

The Holy Prophet ﷺ has prohibited the killing of women and children.'

The following instructions from the Holy Prophet ﷺ given to the Companions going on Jihad have been narrated in a hadith from Sayyidna Anas ؓ which appears in Abu Dawud: 'Go for Jihad in the name of Allah adhering to the community of the Messenger of Allah. Do not kill anyone old and weak, any young child or any woman.' (Mazhari)

When Sayyidna Abu Bakr al-Siddiq ؓ sent Yazid ibn Abi Sufyan ؓ to Syria, he gave him the same instructions. Also added there is the prohibition of killing the religiously-devoted, the monks and priests, and the labourers employed by disbelievers, especially when they do not take part in fighting (Qurtubi).