2. Al-Baqara

As already explained briefly in the opening remarks, the verse 191, that is, وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأَخْرِ‌جُوهُم (And kill them; wherever you find them and drive them out from where they drove you out...), was revealed after the happening at Hudaybiyyah حُدیبیہ at a time when the Holy Prophet ﷺ decided, in accordance with the condition agreed upon in the Peace Treaty of Hudaybiyyah حُدیبیہ ، to embark on a journey to Makkah to perform the qada' قضاء of ` Umrah along with his Companions, something he was stopped from doing a year before by the disbelievers of Makkah. The noble Companions ؓ ، on the eve of this projected journey, had started to worry about the disbelievers who could not be trusted upon in a peace treaty. If they chose to be aggressive, as they did a year before, what option are they going to take? Thereupon, the words used in the present verse gave them the permission to meet the challenge of their aggression and kill them where they find them. And if they could, it was permissible for them to drive the disbelievers out from where they had driven the believers out.

Since Muslims, during their entire Makkan period, were made to stay away from fighting against the disbelievers and were repeatedly asked to forego and forgive, so much so, that the noble Companions were, before the revelation of this verse, under the impression that killing disbelievers was bad, and prohibited. It was to remove this misconception that it was said: وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ "And Fitnah فِتْنَہ is more severe than to kill," that is, it is true that to kill someone is a terribly evil act, but more terrible and severe is what the disbelievers of Makkah have done by insisting on their kufr and shirk شرک (infidelity and the associating of others with Allah) and by stopping Muslims from fulfilling their religious obligations, and from performing Hajj and ` Umrah. It is to avoid this greater evil that killing them has been permitted. The word, Fitnah فِتْنَہ in the verse (not translated for want of a perfect equivalent in English) inescapably means kufr کفر and shirk شرک and to prevent Muslims from fulfilling their religious obligations of ` ibadah.(Jassas, Qurtubi and others)

Since the generality of the words 'kill them wherever you find them' might lead to the misconception that killing the disbelievers is allowed even in the precincts of Haram, this generality has been particularized in the next sentence of the verse by saying:

وَلَا تُقَاتِلُوهُمْ عِندَ الْمَسْجِدِ الْحَرَ‌امِ حَتَّىٰ يُقَاتِلُوكُمْ فِيهِ

And do not fight them near Al-Masjid al-Haram unless they fight you there.

That is, 'you should not fight them close to Al-Masjid al-Haram, which includes all its environs in Makkah, unless they themselves start fighting you there.'

Rulings

1. In the Haram حرم (the sacred precincts) of Makkah, it is just not permissible to kill even a bird or animal, let alone the human beings. However, this same verse tells us that in the event someone starts killing somebody else within the sacred precincts, then, that other person is permitted to fight back in defence. There is a consensus of the jurists on this point.

2. It …

Commentary

1. When the Holy Prophet decided to travel to Makkah in the year 7 A.H. to perform his qada"Umrah as envisaged in the peace treaty of Hudaybiyyah; his Companions ؓ who were to accompany him knew that disbelievers could not be trusted with treaties, or peace. It was quite possible that they may start fighting. Now, the blessed Companions had a problem before them. They thought if this fighting came, it would have to be within the sacred precincts of Makkah, which is not permissible in Islam. This doubt was answered in Verse 191 by stating that the sanctity of the sacred precincts of Makkah must certainly be observed by Muslims, but should the disbelievers start to fight within the sacred limits, then, it is permissible for them to fight back in defence.

2. The second problem that bothered the noble Companions was about the month, which was Dhul-Qa'dah ذوالقعدہ ، being one of the four known as the 'sacred months' wherein fighting anyone anywhere was not permissible. Now, the Muslims thought if the disbelievers of Makkah started fighting against them how could Muslims fight a defensive battle during a 'sacred month'? The verse under reference (194) was revealed to answer this doubt. The answer is that, the way a state of defence grants an exception to observing the sanctity of the Haram of Makkah, in the same manner, it allows an exception to observing the sanctity of the 'sacred months' also.

Commentary

1. When the Holy Prophet decided to travel to Makkah in the year 7 A.H. to perform his qada"Umrah as envisaged in the peace treaty of Hudaybiyyah; his Companions ؓ who were to accompany him knew that disbelievers could not be trusted with treaties, or peace. It was quite possible that they may start fighting. Now, the blessed Companions had a problem before them. They thought if this fighting came, it would have to be within the sacred precincts of Makkah, which is not permissible in Islam. This doubt was answered in Verse 191 by stating that the sanctity of the sacred precincts of Makkah must certainly be observed by Muslims, but should the disbelievers start to fight within the sacred limits, then, it is permissible for them to fight back in defence.

2. The second problem that bothered the noble Companions was about the month, which was Dhul-Qa'dah ذوالقعدہ ، being one of the four known as the 'sacred months' wherein fighting anyone anywhere was not permissible. Now, the Muslims thought if the disbelievers of Makkah started fighting against them how could Muslims fight a defensive battle during a 'sacred month'? The verse under reference (194) was revealed to answer this doubt. The answer is that, the way a state of defence grants an exception to observing the sanctity of the Haram of Makkah, in the same manner, it allows an exception to observing the sanctity of the 'sacred months' also.

Spending for Jihad

The verse 195 introduces the tenth injunction under the theme of 'righteousness' which began in Verse 177. So, in وَأَنفِقُوا فِي سَبِيلِ اللَّـهِ (And spend in the way of Allah...), Muslims have been obligated to spend money and materials according to the need of Jihad ordered in the way of Allah. From here, jurists have deduced the ruling that Muslims have some other financial obligations as well in addition to the mandatory obligation of Zakah, but these are neither permanent nor bound by a 'threshold' or quantity, instead, it is obligatory on all Muslims to provide everything as and when needed. Of course, should there be no need, nothing remains obligatory. The expenditure on Jihad is included under this provision.

The literal meaning of the next sentence in this verse وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ as translated in the text are obvious. The verse forbids Muslims from throwing themselves into destruction by their own choice. However, the question remains: What does the expression, 'put yourselves into destruction', mean here? Commentators have explained it in different ways. The blessed Companion, Abu Ayyub al-Ansari ؓ said: 'This verse was revealed about us. We can explain it best. It was when Allah gave Islam authority and power, we started talking that 'Jihad' was not necessary any more, and that we could stay home and take care of our wealth and property'. Thereupon, this verse was revealed which made it clear that 'destruction' at this place means 'the abandonment of Jihad'. This proves that the banishing of Jihad from Muslim lives is the cause of their degradation and destruction. This is why the blessed Companion Abu Ayyub al-Ansari spent his entire life in Jihad, out of Madinah, his home, so much so, that he met the end of his life in Constantinople (Istanbul), Turkey and was buried there.

The same approach to the meaning of this verse has been reported from the earliest authorities in Tafsir, such as, Sayyidna Ibn ` Abbas, Hudhayfah, Qatadah, Mujahid and Dahhak. Sayyidna Bar-a' ibn 'Azib ؓ said that to lose hope in the mercy and forgiveness of Allah is to go for personal destruction voluntarily; therefore, to lose hope in Forgiveness is forbidden. Others say that exceeding the limit while spending in the way of Allah so much so that the rights of the family are compromised thereby, is the act identified as 'putting yourself into destruction'; so, such excess in expenditure is not permissible. Still others think that the verse makes it unlawful to throw oneself into an offensive fighting in a situation when it is already obvious that one will be unable to do anything against the enemy other than dying at their hands.

Notwithstanding the apparently various interpretations of this verse, al-Jassas synthesizes these by saying that all these rules can be inferred from this verse.

The last sentence of the verse (195):' وَأَحْسِنُوا ۛ إِنَّ اللَّـهَ يُحِبُّ الْمُحْسِنِي : (And do good. Of course, Allah loves those who do good), gives an incentive to do everything nicely. The Holy Qur'an calls this Ihsan احسان . Now, doing something nicely, can take two forms. When ihsan relates to ` Ibadah …

Injunctions concerning Hajj and ` Umrah

In the series of injunctions appearing under the theme of 'righteousness' which has started from verse 177, the eleventh injunction relates to the Hajj. Since it is tied to Makkah al-Mukarramah and Ka'bah, the House of Allah, therefore, some relevant questions have been covered partly under the subject of Qiblah قبلہ from verse 125 to 128 of Surah al-Baqarah. They begin from وَإِذْ جَعَلْنَا الْبَيْتَ مَثَابَةً and end, at وَأَرِ‌نَا مَنَاسِكَنَا ، then, at the conclusion of the discussion on Qiblah, the injunction of Sa` y سَعِی between Said and Marwah has been taken up in verse 158, إِنَّ الصَّفَا وَالْمَرْ‌وَةَ as a corollary. Now, Verse 196 - 203, from وَأَتِمُّوا الْحَجَّ وَالْعُمْرَ‌ةَ to, the eight consecutive verses, present injunctions and questions about Hajj and ` Umrah.

The Hajj, with the strong consensus of the entire Muslim Ummah, is a pillar among the cardinal pillars of Islam and an important obligation. It has been clearly emphasised in the many verses of the Holy Qur'an and in numerous authentic ahadith.

According to the majority opinion, the Hajj became an obligation in the third year of Hijrah, that is, in the year the battle of Uhud was fought, through the verse وَلِلَّـهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ (and as a right of Allah, it is obligatory on the people to perform Hajj of the House) of Surah Al ` Imran آلِ عمران (Ibn Kathir). In this verse, conditions of the obligation of Hajj have been stated and a stern warning has been given to those who do not perform Hajj in spite of having the ability to do that.

Out of the eight verses before us, the first verse وَأَتِمُّوا الْحَجَّ وَالْعُمْرَ‌ةَ (And accomplish the Hajj, and the ` Umrah for Allah) was revealed, as agreed upon by the commentators, pertaining to the event of Hudaybiyyah حدیبیہ which took place in the year 7 A.H. This tells us that the purpose of the verse is not to declare the initial obligation of the Hajj; that has been stated already. Instead, the intention here is to convey some special injunctions governing Hajj and ` Umrah.

The Injunction about ` Umrah

However, Surah Al ` Imran which declares Hajj as an obligation restricts itself to Hajj alone; ` Umrah عمرہ is not mentioned there, while the present verse mentions ` Umrah, but does not state whether it is basically 'necessary' or 'obligatory'. It rather says that a person who begins Hajj or ` Umrah by going into Ihram, then, it becomes wajib or necessary for him to complete that, very much like voluntary prayers or fasting where the rule is that after one starts them, their completion becomes necessary. Therefore, we do not find out from this verse the answer to the question: Is ` Umrah wajib, or is it not? It simply tells us that once one starts it, it becomes wajib or necessary for him to complete it.

Ibn Kathir cites, with reference to al-Tirmidhi, Ahmad and al-Bayhaqi, a report from the blessed Companion Jabir that he asked the Holy Prophet ﷺ : 'Is ` Umrah wajib?' He said: 'Well, not wajib, but that you do it is better and merit worthy.' (According to al-Tirmidhi, this hadith is hasan sahih). This is why Imam Abu Hanifah, Imam Malik and others say that …

The Hajj Months: Prohibitions

We now move to the second verse out of the eight that deal with the rules of Hajj, which is: الْحَجُّ أَشْهُرٌ‌ مَّعْلُومَاتٌ: The Hajj is (in) the months well-known'. The word, ashhur أَشْهُرٌ‌is the plural of shahr شَھَر meaning the month. It will be recalled that in the previous verse it was said that one who enters into Ihram with the intention of doing Hajj or ` Umrah must complete it as prescribed. Out of these two, there is no fixed date or month for ` Umrah which could be done anytime during a year. But, for Hajj, the months and the dates and timings of what one must do are all fixed. It is for this reason that the verse opens with the clarification that the Hajj (unlike ` Umrah) has some fixed months which are already known. The months of Hajj have been the same from Jahiliyyah also; they are Shawwal, Dhul-Qa'dah and the first ten days of Dhul-Hijjah as it appears in the hadith as narrated by the blessed Companions Abu Umamah and Ibn ` Umar ؓ (Mazhari).

That the Hajj months begin from Shawwal means that it is not permissible to enter into the Ihram احرام of Hajj before it. According to some Imams, the Hajj would simply not be valid with a pre-Shawwal Ihram. Imam Abu Hanifah (رح) rules that the Hajj thus performed will be considered valid, but it will be makruh مکروہ (reprehensible) (Mazhar).

The verse 197, that فَمَن فَرَ‌ضَ فِيهِنَّ الْحَجَّ فَلَا رَ‌فَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ ; stresses upon the etiquette of Hajj and makes it necessary for everyone in the state of Ihram to strictly abstain from three things: rafath رَ‌فَثَ , fusuq فُسُوقَ and jidal جِدَالَ , which are being explained here in some detail.

A comprehensive word, Rafath رفَثَ includes marital intercourse, its preliminaries, including an open talk about love-making. All these things are forbidden in the state of Ihram. However, an indirect or implied reference to the act of love-making is not prohibited.

Literally fusuq means "transgression". In the terminology of the Holy Qur'an, it means 'disobedience', the general sense of which includes all sins. Early commentators have taken it here in this general sense of the word but the blessed Companion ` Abdullah ibn ` Umar ؓ has interpreted the word 'fusuq' here to mean only the acts which are prohibited and impermissible in the state of Ihram. It is obvious that this interpretation is more suitable to the occasion because the prohibition of sins as such is not peculiar to Ihram; they are forbidden under all conditions.

Things which are not sins in themselves but do become impermissible because of the Ihram are six in number. (1) Marital intercourse, its preliminaries, even love talk. (2) Hunting land game, either hunting personally or guiding a hunter. (3) Cutting hair or nail. (4) Using perfume. These four things are equally impermissible for men and women both when in a state of Ihram. The remaining two basically concern men: (5) Wearing stitched clothes. (6) Covering the head and the face. According to Imam Abu Hanifah and Imam Malik رحمۃ اللہ علیہما ، it is also not permissible for women to cover their face while in a state of Ihram, therefore, this too is included …

Trading or earning during the Hajj

Verse 198: لَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَبْتَغُوا فَضْلًا مِّن رَّ‌بِّكُمْ : There is no sin on you that you seek the bounty of your Lord (by trading) ' was revealed in a particular background of the Jahiliyyah when the people of Arabia had distorted all rules of worship and social dealings by injecting in them all sorts of absurd customs rendering acts of devotion into amusement. They would not even spare the sacred rites of Hajj when they added to them ridiculous doings out of their wild imagination. In the great gathering at Mina, they would set up special bazaars, hold exhibitions, and put up trade promotion devices. But after the appearance of Islam when Muslims were obligated with Hajj, all these absurd customs were eliminated. The noble Companions ؓ ، who would stake anything to seek the pleasure of Allah and to follow the teachings of His Messenger ﷺ ، started suspecting the validity of even the acts of trading or working for wages during Hajj days. They thought that earning in this manner is an outgrowth of the age of ignorance, may be Islam shall forbid it absolutely, so much so, that a certain person came to the blessed Companion ` Abdullah ibn ` Umar ؓ and asked: 'We are in the business of renting our camels. We have been doing it since long. People hire our camels to go for their Hajj. We go with them and perform our Hajj. Is it that our Hajj will not be valid?' Sayyidna ` Abdullah ibn ` Umar ؓ said: 'Some one came to the Holy Prophet ﷺ and asked the same question you are asking me. The Holy Prophet ﷺ did not reply to his question at that particular time until the verse لَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَبْتَغُوا فَضْلًا مِّن رَّ‌بِّكُمْ was revealed. Then, he called for that person and said, 'Yes, your Hajj is valid.'

In short, this verse makes it clear that a person, who earns some profit by trading, or wages by working, incurs no sin. However, the practice of the disbelievers of Arabia whereby they had turned the Hajj into a trade fair was reformed through two simple words of the Qur'an to the effect that they can earn if they have to, but let them earn what they do as a favour and blessing of Allah Almighty, and be grateful for it, never making it a material exercise of minting money. The words فضْلًا مِّن رَّ‌بِّكُمْ ,: 'the bounty of your Lord' point out to this factor. Then, the expression: لَّا جُنَاحَ عَلَيْكُمْ preceding the words referred to above means that 'there is no sin on you' in this indulgence in earning which has a built-in hint that avoiding this indulgence too, if possible, is still better because it affects the ideal of perfect sincerity so desirable in the Hajj.

This whole issue, in fact, revolves round the original intention of a person. If his basic intention is to earn money through trading or employment but he has decided to perform the Hajj as an adjunct, or both the intentions are equally kept in mind, then, this is contrary to the ideal of sincerity and it will reduce the reward of Hajj and the blessings of Hajj would not fall to his lot as they normally would. And should it be that he leaves his home with the basic intention to perform his Hajj, but runs into …

The third verse (199): ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ وَاسْتَغْفِرُ‌وا اللَّـهَ ۚ إِنَّ اللَّـهَ غَفُورٌ‌ رَّ‌حِيمٌ,(Then, flow down from where the people flowed, and seek forgiveness from Allah. Certainly, Allah is Most-Forgiving, Very-Merciful) was revealed in a particular background. The Quraysh of Arabia being the custodians of the Ka'bah کعبہ enjoyed a unique position of influence and distinction in the country. During the days of Jahiliyyah, while every-one went to ` Arafat, the Quraysh would, in order to demonstrate their unusual importance, stop at Muzdalifah and stay there. They said that, being the custodian of the Ka'bah کعبہ and the care-takers of the Har-am حرم ، it was not proper for them to go out of the limits of the, Haram حرم . Since Muzdalifah is located within the sacred limits of the Haram حرم and ` Arafat is out of it, they would seize upon the excuse, stay in Muzdalifah and it was from there that they came back. The truth was that they loved to show off their pride and arrogance and made it a point to keep common people at a distance. Their erroneous conduct thus apprehended, Allah Almighty commanded them to go where everyone goes, that is, into the plain of ` Arafat, and then, return from there with everyone else (it will be noted that in the accompanying translation of the text, the Qur'anic word afidu أَفِيضُوا has been rendered into English liter-ally with the word, 'flow' which succinctly suggests mingling with the multitude, something shunned by the Quraysh of Jahiliyyah جاھلیہ).

To begin with, behaving special and staying disconnected from others is a standing act of arrogance which must almost always be avoided, particularly during the days of Hajj where the garment of Ihram and the homogeneity of place and purpose teach the lesson that all human beings are equal, the distinction of rich and poor, learned and ignorant, big and small does not exist here, therefore, such display of assumed distinction, and that too in a state of Ihram احرام ، further increases the degree of crime.

Human equality in practice

This statement of the Holy Qur'an teaches us an important principle of social living which demands that the people of a higher status should not cut off their relations with those of a lower status; they should rather behave like members of a large family in their different forms of subsistence, stay and movement. This creates mutual brotherhood, concern and love, removes the walls between the rich and the poor, the employer and the employee. It was during his last sermon of Hajj that the Holy Prophet openly declared for all times to come that no Arab is superior to non-Arab and no white person is superior to a black person. Superiority depends on Taqwa and Ita` ah اِطاعت (the fear of Allah and the obedience to His command). Therefore, those who wanted to establish a distinct status for themselves by staying at Muzdalifah, contrary to the rest, were told that this act of theirs was a sin and they must seek forgiveness for it so that Allah Almighty may forgive them and bless them with His mercy.

The prohibition of Jahili customs at Mina

In the verses 199 to 201, some Jahili جاھلی customs have been corrected. One of these was that the Arabs of the Jahiliyyah جاھلیہ would, once they had finished their rites at ` Arafat and Muzdalifah and performed their tawaf طواف and sacrifice and stay in Mina منٰی ، hold gatherings to recite poetry and to eulogize the achievements of their forefathers. Such gatherings were obviously devoid of the remembrance of Allah. It was strange that they elected to waste such blessed days in activities which were of no consequence in relation to what they were supposed to do there. Therefore, they were told that, as soon as they have completed their Ihram احرام rites and come to stay at Mina منٰی ، they should dedicate their stay to the remembrance of Allah and leave out the practice of indulging in the reminiscences of their forefathers, specially the boastful claims about their achievements. Better still was to remember Allah, not them, and that too with greater attachment and fervor. There was nothing like being engaged in the dhikr ذکر of Allah. So, the Holy Qur an guides Muslims to shun the customs coming from the age of ignorance, especially in the great days of Hajj they have been blessed with, which are exclusively reserved for ` ibadah عبادہ and dhikr ذکر and have merits and blessings of their own, a gift from Allah which may not be available again if lost through carelessness.

In addition to that, the Hajj is a special act of worship which one gets to perform only after a long and generally exacting journey, separation from family and business and great expense of money and time. That unforeseen circumstances prevail is not a far-out prospect. It is quite possible that one fails to achieve the long-cherished objective of Hajj, in spite of all efforts and expenses. Now, if Allah Almighty has, in His infinite grace, removed all impediments and one has accomplished his Hajj obligation by successfully performing all required rites, then, the occasion calls for gratitude which further demands that one should keep busy in remembering Allah, avoid wasteful gatherings, engagements or conversations. Compared with the time spent by the people of Jahiliyyah in forefather tale-telling which brought them no benefit here, or there, the thing to do here is the dhikr of Allah which is all radiance and benefit for this world, and for the Hereafter. No doubt, contemporary Muslims do not follow the custom of Jahiliyyah any more by holding poetic recitals to eulogize their family trees, but there are thousands of Muslims from all over the world who still spend out these precious days of Hajj in wasteful gatherings, entertainments, amusements, shoppings and similar other pursuits of personal satisfaction. This verse is enough to warn them.

Some commentators have explained this verse by dwelling upon the analogy of 'father' used here, in some detail. They say that one should remember Allah as one remembered his father during his childhood when he was dependant on his father for everything. If man were to think when he is young, adult and rational, is he not far more dependent on Allah Almighty at all times and under all …