2. Al-Baqara

When these mushrik people were asked to follow the injunctions revealed by Allah through His Messenger, they refused to do so and insisted that they would rather follow the customary practice they had inherited from their fathers because, as they assumed, their models were divinely appointed to follow the way they adopted. Allah Almighty refutes this position of theirs by asking how could they go on following the ways of their fathers, under all conditions, to the exclusion of all other ways, even if their fathers did not understand much about the true faith, nor were they blessed with guidance given by their Lord?

In their lack of understanding, the verse says that the disbelievers resemble the scenario of a person shouting his call to an animal who hears nothing meaningful or significant except a bland cry. The disbelievers, in that state, do hear but not what is intended to correct them, so they are called 'deaf; and they are tight-lipped when it comes to accepting the truth, therefore, they are 'dumb'; and since they do not see their benefit or loss, they are 'blind'. Consequently, with their vital senses so dulled, they seem to understand nothing.

Comments on the nature of Taqlid:

No doubt, this verse (170) does censure the blind following of forefathers, but at the same time, it provides a rule and its attending conditions proving that following has its permissible aspect which has been indicated in لَا يَعْقِلُونَ (even though their forefathers used to understand nothing) and لَا يَهْتَدُونَ (nor had they been on the right path). It is from here that we find out that following the forefathers mentioned in the text of the Qur'an was censured because they lacked reason and guidance. 'Guidance' or the right path signifies injunctions revealed by Allah Almighty, openly and clearly, while ` aql عقل or reason stands for imperative guidance deduced by the great armed vision of Ijtihad اجتھاد from the recognized sources of Islamic Shari'ah.

Now we can see that following the model of those identified in the text cannot be permitted because they do not have a revealed set of laws from Allah, nor do they have the ability to deduce injunctions from the Word of Allah. There is a subtle hint here which we would do well to note. In case, we are satisfied that a certain ` alim عالِم has the perfect knowledge of the Qur'an and Sunnah and in the absence of a clear and direct instruction of the two sacred sources, he has the great expertise of a mujtahid مجتھد so that he can, by analogical deduction, arrive at rulings from the texts of the Qur'an and Sunnah - then. it is permissible to follow such mujtahid مجتھد alim عالِم . It does not mean that one has to obey 'his' injunctions and follow 'his person.' Instead, it means that one has to obey the injunctions of Allah alone to the total exclusion of others. But, since a direct and trustworthy knowledge of the injunctions of Allah (in all their ramifications) is not readily available to us due to our ignorance, we have to follow a mujtahid مجتھد alim عالِم in order to act in accordance with the injunctions of Allah Almighty.

From what has been said above, it becomes clear that those who hasten to …

Earlier, the aim was to correct the error made by the mushrikin مشرکین when they made unlawful what was good and permissible. Now, in the present Verse (172), the believers are being warned against falling into the same error. As a corollary, they are reminded of Allah's blessings and are taught to be grateful to Him.

Later, in Verse 173 it is said that the prohibited must remain prohibited and should never be treated as lawful, something the mushrikin used to do when they ate carrion or animals slaughtered in a name other than that of Allah. Also implied is the warning that it is an error to declare any animal, other than those specified, as unlawful.

Comments on juristic details follow.

The effects of eating Halal حلال and Haram حرام

Verse 172 forbids eating that which is Karam and along with it, allows eating that which is halal in all gratefulness to Allah. The reason is that the act of eating haram promotes evil instincts, kills the taste of ` ibadah and makes the prayers ineffective. In contrast, eating halal generates inner light, creates a distaste for evil deeds, leads towards high morals, and creates a state in which the heart welcomes ` ibadah and finds the very thought of sin sickening and of course, prayers are answered. Therefore, Allah Almighty has told all his prophets to eat from what is good and do what is righteous:

یأَيُّهَا الرُّ‌سُلُ كُلُوا مِنَ الطَّيِّبَاتِ وَاعْمَلُوا صَالِحًاً

0 Messengers, eat of the good things and do the righteous. (23:51)

This shows that eating and using what is halal حلال plays a vital role in doing what is good and virtuous. Similarly, living by the halal حلال helps the chances of a prayer being answered while living by the haram حرام kills those chances. The Holy Prophet has said that there are many people, tired and distressed, who stretch their hands in prayer before Allah fervently calling '0 Lord, 0 Lord, yet haram حرام is what they eat, haram حرام is what they drink and haram حرام is what they wear, how then, under these conditions, could they hope to have their prayers answered?' (The Sahih, Muslim, and Tirmidhi as quoted by Ibn Kathir)

The wordإِنَّمَا حَرَّ‌مَ (innama harrama) is a restrictive particle, therefore, the sense of the verse is that Allah Almighty has forbidden only those things which have been mentioned later, other than which, nothing else is forbidden. So, in this verse, it is the word, innama إِنَّمَا which points out to the given sense, while in another verse (6:145): قُل لَّا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّ‌مًا عَلَىٰ طَاعِمٍ the same thing has been stated more clearly. Here, the Holy Prophet ﷺ has been asked to proclaim that, in what has been revealed to him, there is nothing haram حرام except the few things mentioned later on.

At this stage, we have a problem on our hands. The fact is that the unlawfulness of many things stands proved on the authority of other verses from the Qur'an, and also from ahadith. If so, what would be the meaning of this 'restriction' and how are we to explain the negation of 'there is nothing haram حرام except the few things mentioned later on'?

For an answer, we can say that halal حلال and haram حرام are not being discussed here in the absolute sense. Rather, they are discussed here with reference to those particular animals only which the polytheists of Makkah took as halal حلال or haram حرام on the basis of their pagan beliefs. This has been pointed out in the previous verse where it is said that the polytheists of Makkah were used to declaring some halal حلال animals as haram حرام for them and this practice was censured there. Now, it is in contrast to that situation that they are being told here as to how they do not stay away from certain animals which have been declared haram حرام for them, while, at the same time, they stay away from those that are halal حلال in the sight of Allah. Therefore, the presence of the 'restriction' here should not be taken in the absolute sense as it is relative, especially in opposition to the polytheistic beliefs.

Now, the things that have been made unlawful (haram) in verse 173 are four in number:

1. Dead animal (Maitah مَیتَہ)

2. Blood (Dam دم )

3. The flesh of Swine (Lahm al-khinzir لحم الخنزیر )

4. An animal on which the name of anyone other than Allah has been called (Wa ma uhilla bihi lighayrillah وَمَا أُهِلَّ بِهِ لِغَيْرِ‌ اللَّـہ).

These four things have been further explained in other verses of the Holy Qur'an, and in authentic ahadith. Seen as a correlated whole, the following injunctions emerge from them, and they are being taken up here in some detail:makhan41

Injunctions about the dead animal

The dead animal is known in English as 'carrion' or carcass. In Islamic terminology, it means an animal not slaughtered in accordance with the requirements of the Shari'ah. If it dies its own death without having been slaughtered or is killed by choking or aggressive hitting, it falls under the category of 'dead' and remains haram حرام . But, in accordance with another verse of the Holy Qur'an: أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ‌ وَطَعَامُهُ 'Allowed to you is the game of the sea and its eating.' (5:96), slaughtering sea-life is not necessary as a condition; it is permissible even without it. It is on this basis that, in authentic ahadith, fish and locust have been …

Mentioned in the earlier verses were unlawful things which are tangible. Now, the verses that follow take up the intangible deeds that have been made unlawful. These are evil deeds, inner and outer. For instance, religious scholars among the Jews were addicted to giving out false verdicts in favour of people who bribed them. They would go to the limit of distorting the verses of the Torah to suit the desire of their client. In this, there is a veiled warning given to the ` ulama', the religious scholars of the community of the Last of the prophets, that they should keep away from such practices and never fall short in disclosing the true injunctions of Allah for any material reason or vested interest of their own.

Earning money against the Faith

There is no doubt that people who conceal the contents of the Book of Allah and in return for this breach of trust, collect insignificant worldly gains are simply eating fire. When comes the Qiyamah (Doomsday), Allah Almighty will not speak to them affectionately, nor will He purify them by forgiving their sins. Their punishment will be terrible for they are the kind of people who, during their mortal life, chose to abandon guidance and adopt error, and in the Hereafter, they missed forgiveness and became deserving of punishment. They must be very courageous in that they are all set to go into Hell. All these punishments to them are because they elected to stray away from the Book of Allah, something so clear and true. It is evident that they must be victims of serious intransigence and are far out in schism, as a result of which they can expect to deserve a matching punishment.

Verse 175 tells us that a person who changes the injunction of Shari'ah in his greed for worldly gains, he should know that these worldly gains he consumes are like embers of fire he is storing in his stomach because that is the ultimate end of his deeds. Some perceptive ` Ulama' have said that unlawful wealth is, in reality, the very fire of Hell, even though we do not sense it as such during our lifetime in the mortal world, but once one dies, his or her deeds will appear in the form of fire.

Mentioned in the earlier verses were unlawful things which are tangible. Now, the verses that follow take up the intangible deeds that have been made unlawful. These are evil deeds, inner and outer. For instance, religious scholars among the Jews were addicted to giving out false verdicts in favour of people who bribed them. They would go to the limit of distorting the verses of the Torah to suit the desire of their client. In this, there is a veiled warning given to the ` ulama', the religious scholars of the community of the Last of the prophets, that they should keep away from such practices and never fall short in disclosing the true injunctions of Allah for any material reason or vested interest of their own.

Earning money against the Faith

There is no doubt that people who conceal the contents of the Book of Allah and in return for this breach of trust, collect insignificant worldly gains are simply eating fire. When comes the Qiyamah (Doomsday), Allah Almighty will not speak to them affectionately, nor will He purify them by forgiving their sins. Their punishment will be terrible for they are the kind of people who, during their mortal life, chose to abandon guidance and adopt error, and in the Hereafter, they missed forgiveness and became deserving of punishment. They must be very courageous in that they are all set to go into Hell. All these punishments to them are because they elected to stray away from the Book of Allah, something so clear and true. It is evident that they must be victims of serious intransigence and are far out in schism, as a result of which they can expect to deserve a matching punishment.

Verse 175 tells us that a person who changes the injunction of Shari'ah in his greed for worldly gains, he should know that these worldly gains he consumes are like embers of fire he is storing in his stomach because that is the ultimate end of his deeds. Some perceptive ` Ulama' have said that unlawful wealth is, in reality, the very fire of Hell, even though we do not sense it as such during our lifetime in the mortal world, but once one dies, his or her deeds will appear in the form of fire.

Mentioned in the earlier verses were unlawful things which are tangible. Now, the verses that follow take up the intangible deeds that have been made unlawful. These are evil deeds, inner and outer. For instance, religious scholars among the Jews were addicted to giving out false verdicts in favour of people who bribed them. They would go to the limit of distorting the verses of the Torah to suit the desire of their client. In this, there is a veiled warning given to the ` ulama', the religious scholars of the community of the Last of the prophets, that they should keep away from such practices and never fall short in disclosing the true injunctions of Allah for any material reason or vested interest of their own.

Earning money against the Faith

There is no doubt that people who conceal the contents of the Book of Allah and in return for this breach of trust, collect insignificant worldly gains are simply eating fire. When comes the Qiyamah (Doomsday), Allah Almighty will not speak to them affectionately, nor will He purify them by forgiving their sins. Their punishment will be terrible for they are the kind of people who, during their mortal life, chose to abandon guidance and adopt error, and in the Hereafter, they missed forgiveness and became deserving of punishment. They must be very courageous in that they are all set to go into Hell. All these punishments to them are because they elected to stray away from the Book of Allah, something so clear and true. It is evident that they must be victims of serious intransigence and are far out in schism, as a result of which they can expect to deserve a matching punishment.

Verse 175 tells us that a person who changes the injunction of Shari'ah in his greed for worldly gains, he should know that these worldly gains he consumes are like embers of fire he is storing in his stomach because that is the ultimate end of his deeds. Some perceptive ` Ulama' have said that unlawful wealth is, in reality, the very fire of Hell, even though we do not sense it as such during our lifetime in the mortal world, but once one dies, his or her deeds will appear in the form of fire.

From the beginning to this point, the Sarah al-Baqarah is reaching its half-way mark. Until now, the message was addressed mostly to its deniers since the truth of the Holy Qur'an was the first thing to be established. In that context, mention was made of those who accepted it and those who rejected it, which was followed by providing proof of Allah's Oneness and the Prophethood. Then, recounted were Allah's blessings and favours on the progeny of Ibrahim (علیہ السلام) right through the verse وَإِذِ ابْتَلَىٰ إِبْرَ‌اهِيمَ رَ‌بُّهُ (2:124). Thenceforth started the issue of the Qiblah قبلہ which continued until it was resolved when the status of Safa صفاء and Marwah مروہ was identified as a sign from Allah (Verse 158).

Then, the affirmation of Allah's Oneness was rightfully followed by a refutation of the principles and subsidiaries of Shirk شرک ، the act of associating others with Allah. The approach this far is full of warning mostly given to the deniers of the message of the Qur'an; any reference to Muslims was only as a corollary.

The verses that follow contain nearly the other half of Sarah al-Baqarah where the primary purpose is to educate Muslims in the principles and the subsidiaries of their religion and any address to non-Muslims is by implication only. This subject which continues through the end of the Sarah has been unfolded by presenting and explaining the cardinal concept of birr بِرَّ‌, an umbrella word in Arabic used for what is good in the absolute sense and which combines in itself all acts of righteousness and obedience, inward or outward. So, when the verse begins, basic principles such as belief in the Book, spending of wealth in charity, fulfillment of promises and patience in distress have been stressed upon which, incidentally, include the basic principles behind all injunctions of the Holy Qur'an. The fact is that the articles of belief, the deeds in accordance with them and the morals are the essence of all religious injunctions while all details fall under these basics. Thus, the verse actually houses all these three major departments.

The chapters of 'Birr' بِرَّ‌ (the virtues)

From this point onwards, the reader will find details of this comprehensive attribute of birr بِرَّ‌, the essence of which is 'obedience'. Many injunctions, in unison with suitable time and place, have been taken up as needed. Some of these are about Equal Retaliation, Will, Fasting, Jihad, Hajj, Spending, Menstruation,’ Ila’ Oath, Divorce, Marriage, Post-divorce waiting period for women ('Iddah عِدَّہ ), Dower (Mahr مھر), while Jihad جہاد and Infaq انفاق (spending) in the way of Allah find re-stress, and some aspects of buying and selling and witnessing appear proportionate to their need. The finale is good tidings and the promise of mercy and forgiveness.

Commentary

When Baytullah بیت اللہ ، the House of Allah at Makkah was made the Qiblah قبلہ of the Muslims in place of Baytul-Maqdis بیت المقدس ، the Jews and Christians and the Mushrikin مشرکین ، who were much too eager to find fault with Islam and Muslims, were stirred and they started coming up with all sorts of objections against Islam and the Holy Prophet ﷺ ، detailed answers …

From the brief introduction to the nature of righteousness appearing in verses before this, the text now enters into the description of related subsidiary injunctions. Under the first injunction in this connection, the verse prescribes the law of Qisas (even retaliation), that is, the killer will be killed, irrespective of the status of the parties involved. If the aggrieved party somewhat relents on its own and forgives the Qisas قصاص ، but does not forgive the offence totally, it will become necessary for the killer to pay diyah (دیۃ) or blood-money as fixed, in a fair manner, and promptly. The claimant too, should pursue the matter in a recognized manner causing no harassment to the defendant. This law of blood-money and pardon is a relief granted by Allah Almighty in His grace, otherwise, there would have been no choice but to face the punishment of death. If, after all that, anyone crosses the limit set by Allah, such as, the filing of a false or doubtful case of murder, or a post-pardon re-opening of a murder case, he will be severely punished. In the end, the verse points out that wise people should have no difficulty in seeing that the law of even retaliation does not take life, instead, it gives life, for such a deterrent law will make people fear the punishment of killing somebody and thus lives will be saved.

There is life in 'Qisas' قصاص

Literally, the word, Qisas means likeness. In usage, it denotes 'even retaliation' or to return like for like. In Islamic juristic terminology, Qisas means the equal retaliation of an aggression committed against the body of a person. This retaliation is allowed only with a condition that the principle of "like for like" is strictly observed. This has been explained more clearly later on in verse 194 of this very Sarah which says:

فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ

So, agress against him in the like manner as he did against you.

And also in the concluding verses of Surah al-Nahl, the same rule has been covered:

وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِ

And, if you retaliate, then retaliate just as you have been oppressed against. (16:126)

Therefore, as a term of the Shari'ah, the Qisas قصاص is a punishment for killing or wounding in which the principle of equality or likeness is taken into full consideration.

Rulings

1. The principle of even retaliation is applied exclusively in cases of culpable homicide when someone has been killed intentionally with a lethal weapon causing injury and blood-loss.

2. In a homicide of this nature, the killer is killed in even retaliation - free man for a free man, slave for a slave, and female for a female - and similarly, a man for a woman. The mention of 'free man for a free man' and 'female for a female' in this verse refers to a specific event in the background of which it was revealed.

On the authority of Ibn Abi Hatim ؓ 1, Ibn Kathir (رح) has reported that, just before the advent of Islam, war broke out between two tribes. Many men and women, free and slaves, belonging to both, were killed. Their case was still undecided when the Islamic period set in and the two tribes entered the fold of Islam. Now that …

The Qur'anic view of making will وصیّت

Literally, al-wasiyyah الوَصِیّہ means an order to do something, either in the lifetime of the maker of wasiyyah or after his death. But, in commonly accepted usage, it refers to what must be done after death. It can be translated as the will or bequest.

Out of the many meanings the word خیر khayr has in Arabic, 'wealth' happens to be one of them, for instance, in the verse وَإِنَّهُ لِحُبِّ الْخَيْرِ‌ لَشَدِيدٌ (Surely he is passionate in his love for good things) where, according to the unanimous agreement of commentators, خیر 'khayr' means 'wealth'.

In early Islam, when shares in inheritance: were not fixed by the Shari'ah, the rule was that a dying person could make a will within the one third of inheritance, leaving behind in the name of his parents and relatives in whatever proportion he chose. This much was their right; the rest went to children. This injunction appears here in this verse.

The making of a will made obligatory for one who is leaving behind some wealth has three aspects:

1. No shares except those of children are fixed for any other inheritors in what is being left by the dying person. These are to be determined through the will made by him.

2. Making a will for such relatives is obligatory on the dying person.

3. Making a will for more than one third of the inheritance is not permissible.

Out of these three injunctions, the first one was abrogated by the 'verse of inheritance' as determined by most of the Companions and their immediate successors. Ibn Kathir has reported from the blessed Companion, ` Abdullahibn ` Abbas that this injunction was abrogated by the 'verse of inheritance' which is as follows:

لِّلرِّ‌جَالِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ‌ ۚ نَصِيبًا مَّفْرُ‌وضًا ﴿7﴾

For men there is a share in what the parents and the nearest

of kin have left, and for women there is a share in what the parents and the nearest of kin have left, be it is small or large - a determined share. (4:7)

In another narration of the hadith from him it has been said that the 'verse of inheritance' has abrogated the making of will in the name of those who have a fixed share in the inheritance, while the injunction to make a will in favour of those relatives who do not have a share in the inheritance still holds good. (Jasss, Qurtubi)

It should, however, be borne in mind that according to the consensus of the Muslim Ummah it is not obligatory on the dying person to necessarily make a will in favour of relatives who have no fixed shares in the inheritance. Therefore, the obligatory character of a wasiyyah in their favour is also abrogated (Jassas, Qurtubi). Now, making a will in favour of such relatives is only a desired (mustahabb) مستحب act, and that, too, is subject to their need.

Now the second injunction regarding the obligation of making a will also stands abrogated in accordance with the consensus of the Muslim ummah. It was abrogated by that famous hadith (al-hadith al-mutawatir الحدیث المتواتر : the veracity of which stands ensured through an …