246. That is: Do not ask irrelevant questions concerning the commands of the Shariah, because through that the restrictions will increase. The important characteristic of the mentality of the followers of Quran which was sought to be developed through this verse and other verses like this and by the special training given to its followers by the Prophet (Sallal Lahu Alaihi Wasallam), was that they used to follow the commands of the Shariah with complete sincerity and always used to strive to fulfil their real purpose. They had no interest in raising unnecessary discussions and being unduly inquisitive, for inquisitiveness and hairsplitting adversely affected the broadness which the Shariah had intended in relation to its commands, and they become narrow. During the periods that followed, this characteristic went on disappearing and the mentality of the people of the later periods had no relation to the mentality of the companions of the prophet. Accordingly a peculiar kind of theological mentality developed. And when people became unnecessarily inquisitive and the mind was entangled in details, practice suffered and talking grew. A particular section of the people became experts in putting farfetched questions, in hairsplitting and raising unnecessary and imaginary problems like the lawyers and advocates of today. Countless examples of such problems will be found in the books of Fiqh. For example, the question whether a man, who performs the rite of running between Safa and Marwah during the Hajj in the state of nudity, would be considered to have rightly performed his rite? It is obvious that it is an imaginary problem, for a man who would go on pilgrimage cannot be expected to do this shameless act. Or this question: If a man becomes an apostate while in the act of calling Aazan (call for prayer), then from where another person should start giving the call? Probably such a problem had never occurred and there is no possibility of its occurring till the Doomsday. Similar is the case with this problem: If somebody says to his wife: ‘Divorce to your hand, divorce to your foot, or divorce to your head “ then does the divorce take place, or if somebody tells his wife: ‘ As many divorces to you as there are stars in the sky’, then how many divorces have taken place? Or whether can a person marry his own illegetimate daughter? When questions of this kind were invented, then essentially they affected the minds and the conducts, and naturally that style of thinking, that mentality and that spirit did not survive which was the distinguishing feature of the Muslims of the early times. In a hadith, the prophet has said:

“And Allah has kept quiet about certain things, without having forgotten them; do not be inquisitive about them.”

It is also mentioned in another hadith that the prophet used to forbid people from asking many questions.-(Muslim Kitabul Aqziah).

On one occasion he said: “O people ! Hajj is prescribed for you, therefore perform Hajj. That man asked: ‘Whether every year ,O Messenger of Allah!’ ‘The Prophet kept quiet. When that man repeated his question for the third time, the prophet said: ‘If I had said yes, then it would have become compulsory for you, and then you would not have been able to act on it.’ Then he said: ‘Let me leave you in the state in which I leave you, because the peoples of the previous time were doomed on account of asking many questions and of differences with their prophets. Therefore, whenever I may give you a command about something, act on it as far as it is possible for you, and when I may forbid you to do something, leave it.’ –(Muslim Kitabul Hajj, Chapter 73).

247. It seems that in connection with the details of the commands of Shariah, some people had asked unnecessary questions. They are being informed that this time Allah has forgiven them, but that in future they should take care.

248. This refers to the Jews who had created difficulties for themselves by asking irrelevant questions, and they went so much into the details of the Shariah-commands that they caused restrictions to be placed on themselves as a result of their hairsplitting; then they were so much absorbed and entangled in these minute irrelevant details that they became disobedient and rejectors of faith. In Surah Baqarah, Verses Nos. 67 to 71, the story of the cow has been narrated, that when they were asked to slaughter a cow, they asked so many questions that they made a simple and easy command of the Shariah a very difficult one to be followed. In this way they increased their own restrictions.

249. That is: These things were not prescribed by Allah. These are mere superstitions and they have no origin in the Shariah. Bahirah, Saibah, Wasilah and Haam are the names of the animals which used to be dedicated and liberated in honour of the idols by the polytheists.

Bahirah is that she-camel whose fifth offshoot used to be a male. Such a she-camel used to be liberated in honour of the idols after splitting its ears. They neither used it for riding, nor for milking nor for slaughtering.

Saibah was that camel, male or female, which used to be liberated in honour of idols as a measure of thanksgiving after fulfilment of some wish or after someone’s recovery from illness. Such a camel was not used for riding thereafter .

Wasilah was that goat which gave birth to a fixed number of young ones and finally to a male and female issues together. The milk of such a goat was forbidden to women and it used to be liberated in honour of the idols.

Hamm was the camel which had given birth to ten young ones. It used to be liberated in honour of the idols and it was considered improper to employ such an animal for labour.

These were absurd and superstitious practices. This practice was first introduced, as stated in a hadith, by A’mar bin Aa’mir Al-khuzai in the pre- Islamic days:

“The Messenger of Allah (Sallal lahu Alaihi Wasallam) said: ‘I saw A’mar bin Aa’mir Al-khuzai in the Hell dragging his intestines. He is the first man who had introduced the practice of Saibah.” -(Bukhari-Kitabut Tafseer).

Even today the polytheists practice the system of consecrating and liberating cows and bullocks in honour of the idols. Among Muslims are also persons who practise bid’at (innovations) and liberate goats, sheep, etc. in honour of some saint, wali etc. Allah’s Shariah is clean and free from all these absurdities.

250. That is: The fact that a practice or a system being followed from the forefathers or of its being a part of the culture does not mean that practice or system is right or proper and it is based on right guidance. If somebody’s forefathers were deprived of knowledge and learning and were misguided, then how far is it wise to follow blindly in their footsteps?

251. That is: When Allah’s messenger had shown them the right path and had placed the argument for it, and if even after that they remained unreformed, then leave them to their plight. Their stubbornness would take them to their own downfall. They would not be able to harm you at all, provided you are rightly guided, and are steadfast and firm in your belief.

It does not mean that man should care for himself and should not attempt to guide others or he should have no concern with reforming others. Quran has placed the responsibilities of giving witness of the Truth, Dawah of Islam, advising for truth, bidding what is good and forbidding what is evil on the Muslim Ummah, and to fulfil these responsibilities is demanded by the fact of a man’s being rightly guided. Therefore to interpret this verse in such a way as to cancel all these responsibilities is not correct. In order that there should be no misunderstanding in this connection, the great companion of the Prophet, Abu Bakr Siddique (R) had said in his address:

“O people! You recite this verse, and I have heard the messenger of Allah (Peace be upon him) saying that when the condition of the people comes to such a stage that they may see an oppressor but they may not hold his hand, then it is not far that Allah may take them within the strike of His punishment.” -(Tirmizi-Abwabut Tafseer).

At the time of the revelation of the Quran, hunting was a necessity for the Arabs. Therefore, this restriction was not a convenient thing for them and this was an open test for them.

252. That is: When the symptoms of the impending death may appear and the man concerned may intend to make a bequest or it may become necessary for him to make a bequest, then he should take two just and reliable men from amongst the Muslims as witnesses for that.

The bequest can be concerning one’s property or concerning the deposits in trust kept with one, stating how they are to be returned to the depositors, or it can be concerning the debts that are to be repaid by the person making the will. The explanation of the Shariah-limits of the bequest has been given in Note No.29 Surah Nisa.

It may be noted that oral will is also permissible in Islam, but it is better to have it in writing. Since in those times reading and writing were not common and the material used for this purpose was also not readily available, Quran did not insist on the bequest being in black and white, but made it necessary to have two reliable witnesses for the same.

253. That is: If during journeying, the trouble of death is likely to befall a Muslim and two Muslims are not available to act as witnesses, then two non-muslims can be made witnesses to the will. However, this will be in exceptional cases, otherwise the main standard for witnesses is that which has been mentioned above.

Among the non-muslims also, only those can be taken as witnesses who believe in God, if need arises should be ready to swear by God while giving evidence. As for those who do not believe in God at all, they are not fit to be made witnesses, which is supported by the contents of the verse that follows.

254. When the testator is dead and the question of execution of his will is to be undertaken, and there is a doubt about the evidence of the witnesses, then they should be detained after the prayer and made to give their evidence on oath. This has to be done after the prayer, means after any farz prayer, so that the witnesses may give their statement, confirmed by oath, with full sense of responsibility.

255. With this sworn declaration they will have to give their evidence about the bequest. In this declaration there is an assurance that in the matter of this bequest they have not made any change or added anything by taking bribe, or for any personal gain, or for doing any favour to any of their relations. Dawatul Qur’an 381 S.5

256. If the heirs of the deceased are led to feel through some indications or circumstantial evidence that the witnesses have indulged in making false statement or are misappropriating the deposit in trust given by the will-maker to them– such occasions arise while travelling that a man hands over all his belongings to his companions for passing them on to his heirs- then two persons from amongst the heirs who may be most eligible for making a sworn declaration, should stand up and give their statement.

257. After their sworn contradictory statement, the evidence of the witnesses of the bequest will be nullified, and this dispute will be decided in favour of those whose rightful claim was being usurped.

It clarifies the principle about the system of evidence in the Islamic law that in certain conditions circumstantial evidence is not only acceptable but on its strength evidence can be rejected provided it is confirmed by a sworn statement.

258. The system of evidence mentioned here comprises of two important things: one is sworn statement or declaration and secondly contradictory or nullifying oaths. This is the most appropriate system because the witnesses will be careful and will give accurate evidence, otherwise they would think that their evidence would be rejected.