2. Al-Baqara

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 …

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 …

Fasting When Sick

Verse 184 gives concession in the matter of fasting to a 'sick' person and to a person on journey'. The word 'sick' used here refers to a person who cannot fast without an unbearable hardship or has strong apprehension that his illness will be aggravated. The words "and (Allah) does not want hardship for you"occuring in the following verse (185) have a clear indication to this effect. This position is also accepted by the consensus of the Muslim jurists.

Fasting When In Travel

It will be noticed that while giving concession to a traveller, the Qur'anic text elects to use the phrase أَوْ عَلَىٰ سَفَرٍ‌ (or on a journey) rather than the word, musafir مسا افر or 'traveller'. This is to point out that leaving home and going out is not enough to claim the exemption. The duration of the travel should be somewhat longer since the expression, ` ala safarin عَلَىٰ سَفَرٍ‌ means that one should have 'embarked' on a journey which does not mean going five or ten miles away from home. But, the precise duration of this journey has not been mentioned in the words of the Holy Qur'an. Guided by the statement of the Holy Prophet ﷺ and the subsequent practice of his blessed Companions, the great Imam, Abu Hanifah (رح) and many jurists have fixed this distance to be what can be covered in three days by walking in three daily stages. The later-day jurists have put it as 48 miles.

The other ruling that comes out from the same phrase, ` ala safarin عَلَىٰ سَفَر is that a traveller who leaves his home shall be entitled to having been exempted from fasting only upto the time his travel continues. It is obvious that stopping in between to rest or take care of something does not cut off his onward travel in the absolute sense, unless his stay be for a considerable period of time. This very considerable period of time has been set at fifteen days following a statement of the Holy Prophet ﷺ . Anyone who intends to stay at a given place for fifteen days shall not come under the umbrella of ` ala safarin, therefore, he shall not be deserving of the leave granted to one on 'a journey'.

Ruling. Right from here comes the ruling that anyone who intends to stay out for fifteen days, not at one place but at different places and towns, he shall continue to remain in the status of a 'traveller' and thereby shall continue to enjoy the concession of being 'on a journey' because he is in the state of ` ala safarin.

Making Qada' قضاء of the missed fast

The words of the text, فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ literally translated as 'then, a number from other days' mean that a sick person or a traveller is obligated to fast during other days making the number match the number of days he could not fast. The purpose is to tell people that fasts abandoned because of the compulsion of sickness or journey must be replaced by making qada قضاء ' of them. Rather than using a simple statement to the effect that 'their replacement is on them', the Qur'anic text has said. فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ which suggests that a sick person or a traveller will have to make qada' only when the sick person becomes healthy and the traveller returns home and gets to live on for …

The merits of the month of Ramadan

The present verse is an extension of the previous brief verse and also an assertion of the great merit the month of Ramadan holds in its fold. This is an extension because the expression أَيَّامًا مَّعْدُودَاتٍ (Days few in number) in Verse 184 is a bit vague and which has been explained out in the present verse by saying that those counted number of days mean the days of the month of Ramadan. As far as the merit of this month is concerned, it has been said that Allah Almighty has chosen this month to reveal Scriptures. Consequently, the Holy Qur'an was revealed in this very month. According to a narration from the blessed Companion Wathilah ibn Asga' appearing in the Musnad of Ahmad, the Holy Prophet ﷺ said that Abrahamic scriptures were revealed on the first of Ramadan, the Torah on the sixth, the Evangel on the thirteenth and the Qur'an on the twenty fourth of Ramadan. In another narration from the blessed Companion Sayyidna Jabir ؓ ، it appears that Zabur (the Book of Psalms) was revealed on the twelfth of Ramadan and the Evangel on the eighteenth. (Ibn Kathir)

All previous Books mentioned in the hadith cited above were revealed on dates given in their entirety. It is a peculiarity of the Holy Qur'an that it was sent from the Preserved Tablet down to the Firmament of the Earth in one night of the month of Ramadan, all of it. But, it was revealed to the Holy Prophet ﷺ gradually during a period of twenty three years.

The night of Ramadan when the Qur'an was revealed was the Night of Power as mentioned by the Qur'an itself when it said: إِنَّا أَنزَلْنَاهُ فِي لَيْلَةِ الْقَدْرِ‌ (We have revealed it in the Laylatul 'Qadr, the Night of Power). The hadith cited above places it on the twenty fourth of Ramadan and according to Sayyidna Hasan, the Night of Power falls on the night of twenty fourth which aligns this hadith with the statement of the Qur'an. Should this alignment be unacceptable, the fact remains that the statement of the Qur'an is above everything else, in which case, whatever night is the Night of Power that shall be regarded to be what the Qur'an intends.

The next sentence مَن شَهِدَ مِنكُمُ الشَّهْرَ‌ فَلْيَصُمْهُ ' (those of you who witness the month must fast therein) carries many pointers to injunctions relating to fasting. The word, shahida is derived from shuhud شُهود which means presence. The word, al-shahr الشَّهْرَ‌means the month. It denotes the month of Ramadan here which has been identified above. The sentence, therefore, means that it is obligatory for one who is 'present' in the month of Ramadan that he fasts throughout that month. The general choice of paying ransom for not fasting, mentioned in the previous verse, was cancelled by this sentence and fasting is now the only alternative in force.

As for the 'witnessing' of the month or being 'present' in the month of Ramadan, it simply means that a person finds the blessed month of Ramadan with ability to fast. In other words, he or she should be a Muslim, sane, pubert, resident and well-purified from all impurities including those of menstruation and childbed. Therefore, the persons who lacked the initial ability to fast …

Allah is near His servants

Injunctions and merits concerning fasting and Ramadan were mentioned in three previous verses. This strain continues even after the present verse when details of fasting and I` tikaf اعتکاف appear in a long verse. In between, this brief verse has been introduced to persuade servants of Allah to obey the commands of Allah by recognizing how He, in His special grace, hears and answers their prayers. There is no doubt about fasting being a difficult obligation despite many concessions and permissions. It is to make the trial bearable that special grace has been mentioned إِنِّي قَرِ‌يبٌ '1 am near My servants. When they pray, I answer their prayers and take care of what they need.'

Under these conditions, it is befitting that servants of Allah should bear by hardships that come during the performance of given injunctions. Ibn Kathir has pointed out to another wisdom behind this sentence appearing in the middle of injunctions of fasting. According to him, this verse gives a hint that a prayer (دعاء : du'a) made at the completion of a fast is accepted, therefore, one should be very particular about making prayers at that time. The Holy Prophet ﷺ has said:

للصایٔم عند فطرہ دعوۃ مستجابۃ

The prayer made by one who is fasting at the time of his iftar is accepted.

This is why the blessed Companion, ` Abdullah ibn ` Urnar ؓ would assemble his family members around him at the time of iftar and would pray.

Ruling

By saying إِنِّي قَرِ‌يبٌ (I am near) in this verse, it has been hinted that prayer should be made slowly and quietly; to raise voice while praying is not desirable. This is confirmed by the background in which this verse was revealed. According to Ibn Kathir, a visitor from a village asked the Holy Prophet ﷺ : "Tell me if our Lord is near us, then we shall pray in a lowered voice; and if He is far, we shall call Him with raised voices." Thereupon, this verse was revealed.

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 …

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. …

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 …

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).