447. The following incident became the cause of revelation of this verse. The Prophet sent eight of his Companions headed by `Abdullah b. Jahash (a cousin of the Prophet: Alusi), giving him a letter and instructing him that it was not to be opened until they had reached such and such a place. When the letter was opened it instructed them to move into the territory between Makkah and Tayf, and monitor the enemy movements. It also instructed that no one was to be forced along, rather, be given the choice to either continue or return. Despite the extreme risk to their lives, since the Makkans killed any Muslim found in their territory, of the eight none returned. On the night of the last day of Jumada II they ambushed a small Makkan caravan, killing one man `Amr al Hadrami and capturing two. Thereafter they returned to Madinah with the booty. The first thing that the Prophet told them was: "I had not asked you to fight in the Sacred month!?" He kept the decision about the booty and the prisoners pending. This shocked those who had participated in the campaigning, and they thought they were doomed.

The Makkans of course seized on the opportunity and accused the Prophet (saws) of the violation of the sanctity of the sacred month that of Rajab, while `Abdullah ibn Jahash and his men maintained that it was the last day of Jumada II. It was then that Allah (swt) revealed this verse.

This of course did not sanction fighting in this month, but the point was made that if bloodshed had occurred at all in a holy month, the polytheist had committed greater crimes that of expelling the Prophet and his followers from Makkah, persecuting the Muslims and barring their entry into Makkah for Pilgrimage.

Subsequent to the revelation of this verse, those who had participated in the ambush enquired the Prophet if they would be rewarded for their action. In response Allah (swt) revealed the verse (2: 218): إِنَّ الَّذِينَ آَمَنُوا وَالَّذِينَ هَاجَرُوا وَجَاهَدُوا فِي سَبِيلِ اللَّهِ أُولَئِكَ يَرْجُونَ رَحْمَةَ اللَّهِ وَاللَّهُ غَفُورٌ رَحِيمٌ [البقرة/218] "Those who believed, and those who migrated and struggled in the Way of Allah, it is such who (rightly) hope to win Allah's Mercy. And Allah is very Forgiving, very Kind" (Ibn Jarir, Ibn Kathir).

448. The rule, however, banning fighting in the Scared months (Rajab, Dhu al Qa`dah, Dhu al Hijjah, and Muharram) has been, according to the majority of scholars, abrogated. The Prophet attacked his enemies during these months (Ibn Jarir, Qurtubi, Alusi). Imam Razi says he does not know any contemporary scholar of Hejaz, Syria or Iraq who holds a different opinion.

However, there is no general consensus over the issue (Ma`arif).

449. Slaughter brings misery to the people in this world alone. But religious persecution destroys all that is good in this life, forcing a man to abandon his religion, bringing upon him the everlasting misery of the Hereafter (Au.).

450. The addition of these words: "If they are able," gives assurance that they will never succeed in changing the religion of the Muslims by force (Alusi and others).

451. Majid adds a very useful note: "Rebellion annuls all previous deeds of loyalty and virtue."

There is difference of opinion whether the good works of days of Islam of the apostate remain in his credit if he reverts back to Islam or has he to work again and repeat the obligatory acts such as Hajj, zakah etc. Abu Hanifa's opinion is that all is lost and must be regained. As for one who is a born unbeliever, his good deeds hang in balance. If he embraces Islam they are written down in his account, otherwise they are lost. This is supported by the hadith: "You came into the fold of Islam by virtue of your good deeds" (Ma`arif).

452. There is no difference in opinion that someone who reverts to kufr from Islam is to be punished with death. The majority of scholars, however, believe that he should be persuaded to come back and allowed sufficient time to think over the issue and weigh the arguments well (Au.).

The rule of course does not apply to one who reverts from a religion other than Islam to another religion, such as Judaism to Christianity (Qurtubi).

However, this is for a male. An apostate woman's punishment is imprisonment for life (Ma`arif).

Majid writes: “Compare with this the Law of Moses which does not allow for repentance and re entry into faith. It recommends unconditional execution. (The Tawrah says): ‘If thy brother ... entice thee secretly, saying, let us go and serve other gods, ... thou shalt surely kill him. ... And thou shall stone him with stones that he die’ (Dt. 13: 6 10)."

Christianity too, is not far behind. Majid quotes from the Encyclopedia of Religion and Ethics: "Willful apostasy was, of course, an inexpiable offence, and ranked with murder and adultery' (I, p. 623)."

453. Jihad is fighting in the way of Allah. (Although included by implication), striving in the way of Allah is not, strictly speaking, jihad per se. In this verse itself it has been used, as pointed out by Ibn Jarir, in the sense of "those who fought," since it is preceded by the words, "those who believed, and those who left their homes," which are themselves a kind of ‘striving to the utmost in the way of Allah' (a form of jihad). A jihad which is sometimes defined by some people as: "striving to the utmost" is, what can be called for want of a better phrase, a passive jihad and inferior to the active jihad which involves fighting. Allah said (4: 95): لَا يَسْتَوِي الْقَاعِدُونَ مِنَ الْمُؤْمِنِينَ غَيْرُ أُولِي الضَّرَرِ وَالْمُجَاهِدُونَ فِي سَبِيلِ اللَّهِ بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ فَضَّلَ اللَّهُ الْمُجَاهِدِينَ بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ عَلَى الْقَاعِدِينَ دَرَجَةً [النساء/95] "Not equal among the Muslims are those who sit back without (going through any) suffering, and those who struggle with their selves and their wealth in the way of Allah. Allah has given preference in rank to the mujahideen over those who sit back."

Some people who do not understand this point have worked hard in their lives for various causes of Islam without ever thinking of participating in an active jihad under the belief that what they are engaged in is active jihad (Au.).

454. The words: "They hope to win Allah's Mercy" indicate that in the final analysis it is not on our deeds that we can depend on, rather on Allah's Mercy for forgiveness and entry into Paradise. Qatadah has said: ‘People who were addressed by these words i.e., the Companions were the best of people on earth, yet Allah referred to them as those who hoped. Indeed it is the "hopeful" that will ask (for Allah's forgiveness); while he who is overwhelmed with fear will look for the escape route'" (Rawa’i`).

455. Imam Ahmad, Abu Da'ud, Tirmidhi and Nasa'i have reported that it was `Umar ibn al Khattab (ra) who pressed for a ruling on wine. When he first prayed to Allah that a clear commandment be sent, this verse was revealed: يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا [البقرة/219] "They ask you (O Prophet) concerning wine and gambling. Tell them: ‘They are grave sins, though there are benefits for the people;' although the sin in them is greater than the benefits in them." (During those very days Mu`adh b. Jabal drank after a dinner and then led the Prayers during which he recited the Qur'an erroneously: Zamakhshari). Therefore, `Umar supplicated for a clearer injunction. In answer, verse 43 of surah al Nisa' was revealed which said: يَا أَيُّهَا الَّذِينَ آَمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَى [النساء/43] "Believers. Do not come near the Prayers while you are drunk." Accordingly, the Prophet (saws) used to have it announced that whoever had drunk wine may not come for Prayers. (During those days Sa`d b. Waqqas hosted a drinking party during which the people came to blows under intoxication: Zamakhshari). However, `Umar (ra) was dissatisfied with this also and prayed for a clearer injunction. It was then that the verse completely prohibiting intoxicants was revealed. The verse, 91 of surah al Ma'idah, said: يَا أَيُّهَا الَّذِينَ آَمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ (90) إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلَاةِ فَهَلْ أَنْتُمْ مُنْتَهُونَ [المائدة/90، 91] "Believers, surely wine, gambling, stones (dedicated to altars), and (divination by) arrows are abomination and Satan's handiwork" ... until ..."Will you then abstain?" (Ibn Jarir, Ibn Kathir).

`Umar himself has defined wine as "anything that intoxicates." (Further, both small and largequantities of anything that intoxicates is prohibited: Qurtubi). Also prohibited is its buying and selling (Ibn Kathir).

Qurtubi narrates the singular incident of a drunken man who was washing his face with his own urine and saying: "Allah be praised for having guided me to Islam!"

Qurtubi also relates the following story: ‘It is said that A`shi, the famous poet, decided to embrace Islam. On his way to Madinah he met a couple of pagans. They asked him about his intentions and on learning that he was going to Muhammad (saws) they told him: "Do not go, for he will order you to Pray." He replied: "(That does not matter for) a man is obliged to worship God." They told him: "He will ask you to spend money on the poor." He said: "Ordering good deeds (of this sort) is (also) an obligation." They said: "He prohibits adultery." He replied: "It's a vile act and an unreasonable thing. Moreover, I am an old man and no more in need of it." Finally, they told him: "He prohibits wine." This had its effect. He said: "As for this, I do not think I can restrain myself." So he turned back saying: "Let me drink for a year and then I will go (and embrace Islam)." But, he did not reach home. On his way back he fell from his mule, broke his neck and died.'

Mufti Shafi` states the following: `Abdullah ibn `Umar (ra) has reported that when the announcement about the prohibition of the intoxicants was made, those who had them in the vessels, broke those vessels, those who were drinking stopped immediately, and those who had the cups at their lips threw them away. It is said that so much wine was spilled that day that it flowed like rain water in the lanes of Madinah. Later, the Prophet (saws) got collected all the wine that was with the merchants, destroyed some with his own hands and got the rest destroyed at the hands of his Companions. More amazing was the case of a Companion whose main business was liquor. He was in Syria when the prohibition came. He arrived with a whole caravan load of wine. Learning of the prohibition, he left the goods a little out of town and presented himself to the Prophet. He asked him what he was to do with the merchandise. The Prophet told him to destroy it. He went back and destroyed it all and entered Madinah empty handed.

Nonetheless, these incidents were, according to an eminent Western biographer of the Prophet, of tragic nature. He pours his grief in the following words quoted by Majid: "When the revelation came, zealous followers went round the houses of the Moslems and emptied their vessels of all liquor which was supposed to be intoxicating, in many cases breaking the vessels themselves; and trading Moslems who brought wine home from Syria after this event were compelled to pour their earnings away...!"

The irony is that the same Orientalists have popularized the notion that Islam spread by the sword (Au.).

456. Gambling: Every game of chance involving exchange of money or assets is gambling.

457. The meaning of spending the "`afw" (surplus: Ibn `Abbas), has been well brought out by a hadith according to which, عَنْ أَبِى هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- « تَصَدَّقُوا ». قَالَ رَجُلٌ عِنْدِى دِينَارٌ. قَالَ « تَصَدَّقْ بِهِ عَلَى نَفْسِكَ ». قَالَ عِنْدِى دِينَارٌ آخَرُ. قَالَ « تَصَدَّقْ بِهِ عَلَى زَوْجِكَ ». قَالَ عِنْدِى دِينَارٌ آخَرُ. قَالَ « تَصَدَّقْ بِهِ عَلَى وَلَدِكَ». قَالَ عِنْدِى دِينَارٌ آخَرُ. قَالَ « تَصَدَّقْ بِهِ عَلَى خَادِمِكَ ». قَالَ عِنْدِى دِينَارٌ آخَرُ. قَالَ « أَنْتَ أَبْصَرُ » The Prophet encouraged his men to expend. A man said: "I have a Dinar." The Prophet told him: "Spend it on yourself." The man said: "I have another." He told him: "Spend it on your wife." He said: "I have another." He told him: "Spend it on your children." The man said: "I have yet another." The Prophet told him: "Then you know better (who deserves it most)" - Ibn Jarir, Ibn Kathir.

(The above hadith is also in Hakim who declared it as of a good chain, and so said Arna’ut: Au.).

According to another hadith (in Bukhari: Au.) the Prophet said: « خَيْرُ الصَّدَقَةِ مَا كَانَ عَنْ ظَهْرِ غِنًى ، وَابْدَأْ بِمَنْ تَعُولُ » "The best of charity is that which is spent out of the surplus. The upper hand is better than the lower. And, begin (by spending) on someone with a large family."

This verse is the basis of the opinion that treasuring is undesirable (Thanwi).

Ibn Jarir also reports a hadith related by `Abdullah ibn Jabir who says that once while the Prophet sat in the company of his Companions a man came to him with a piece of gold the size of an egg that he had found in a mine. He said: عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ الأَنْصَارِىِّ قَالَ كُنَّا عِنْدَ رَسُولِ اللَّهِ -صلى الله عليه وس لم- إِذْ جَاءَ رَجُلٌ بِمِثْلِ بَيْضَةٍ مِنْ ذَهَبٍ فَقَالَ يَا رَسُولَ اللَّهِ أَصَبْتُ هَذِهِ مِنْ مَعْدِنٍ فَخُذْهَا فَهِىَ صَدَقَةٌ مَا أَمْلِكُ غَيْرَهَا. فَأَعْرَضَ عَنْهُ رَسُولُ اللَّهِ -صلى الله عليه وسلم- ثُمَّ أَتَاهُ مِنْ قِبَلِ رُكْنِهِ الأَيْمَنِ فَقَالَ مِثْلَ ذَلِكَ فَأَعْرَضَ عَنْهُ ثُمَّ أَتَاهُ مِنْ قِبَلِ رُكْنِهِ الأَيْسَرِ فَأَعْرَضَ عَنْهُ رَسُولُ اللَّهِ -صلى الله عليه وسلم- ثُمَّ أَتَاهُ مِنْ خَلْفِهِ فَأَخَذَهَا رَسُولُ اللَّهِ -صلى الله عليه وسلم- فَحَذَفَهُ بِهَا فَلَوْ أَصَابَتْهُ لأَوْجَعَتْهُ أَوْ لَعَقَرَتْهُ فَقَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- « يَأْتِى أَحَدُكُمْ بِمَا يَمْلِكُ فَيَقُولُ هَذِهِ صَدَقَةٌ ثُمَّ يَقْعُدُ يَسْتَكِفُّ النَّاسَ خَيْرُ الصَّدَقَةِ مَا كَانَ عَنْ ظَهْرِ غِنًى » - سنن أبى داود - ورواه الحاكم في المستدرك وقال : "هذا حديث صحيح على شرط مسلم ، ولم يخرجاه" . ووافقه الذهبي "Here. Accept this, O Messenger of Allah, as charity. And by Allah, I have nothing in the world save this." The Prophet turned to the other side. The man followed him and came to him from that side. The Prophet turned to the other side. The man came to him from the other side. At this the Prophet took it from him and threw it away with such a force that had it struck a man it would have hurt him. He said angrily: "One of you comes to me with all that he possesses to be spent as charity. Then he will sit down begging the people. Charity should be from what's left over."

Nevertheless, it is said that (if spending of the surplus was obligatory) the rule has been abrogated by the injunctions of zakah. This is the opinion of Ibn `Abbas, `Ata' Khurasani, and Suddi. However, Mujahid and others say that the verses concerning zakah are explanatory of this verse (Ibn Jarir, Ibn Kathir).

458. That is, in order that you may realize that this world is ephemeral and the Hereafter is everlasting and a place of reward (Ibn `Abbas, Hasan al Basri, Qatadah, Ibn Jurayj and others Ibn Jarir, Ibn Kathir).

Here are some hints from Thanwi about when and how to spend: If it is a sinful affair, then spending is prohibited. If it is to please Allah, then, if the head of expenditure is a religious obligation such as zakah then spending is obligatory; but if the head of expenditure is non obligatory such as common charity then, if such spending affects the rights of the dependents, it is not permissible. If the rights of the dependents are not affected, but the man feels about himself that he might not be able to observe abstinence in a goodly manner, (rather, will look at others with greed and envy), then also spending (of the surplus) is not permissible. Otherwise it is permissible. If it is neither the case of meeting a religious obligation, nor that of common charity, but of the nature of good food etc., then, if the intention is to strengthen oneself for further obedience, it is worthy of rewards; but if the intention is to commit a sin, then the spending is punishable. Finally, if the intention is simply to please himself, then (if it does not amount to self indulgence) it is permissible (mabah) [an act which goes with neither reward nor punishment: Au.].

459. Ibn Jarir reports Ibn `Abbas, Mujahid, `Ata', Sha`bi and others as saying in explanation of this verse that when Allah (swt) revealed verse 34 of surah Bani Isra'il which said: وَلَا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّهُ [الإسراء/34] "Do not go near the property of the orphans save in a goodly manner," and verse 10 of surah al Nisa' which said: إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا [النساء/10] "Those who eat up the property of the orphans unjustly, eat nothing but fire into their bellies. Soon they will reach a blazing Fire," when these verses were revealed those who had orphans under their care segregated them in matters of food and drink to the extent that even the left over was preserved until it got rotten. (Some of them separated their [sweet] water also: Ibn Jarir). But this was getting hard to manage so they presented their difficulty to the Prophet and Allah revealed this verse. Similar reports are in the collections of Abu Da'ud, Nasa'i and others (Ibn Jarir, Qurtubi, Ibn Kathir).

460. It is reported that `Abdullah ibn Rawaha had a black slave girl. One day he got angry with her and slapped her. Then he felt guilty and reported the matter to the Prophet (saws). The Prophet asked him: "What kind of woman is she, O `Abdullah?" He said: "She fasts, Prays, does her ablution (wudu) well and bears witness to Allah's Oneness and your Messengership." The Prophet told him: "O `Abdullah. She is a believer." At this `Abdullah ibn Rawaha said: "I shall free her and then marry her." After he had done that some people began to criticize him for his action saying that he need not have to marry a slave girl when so many Makkan free girls (even if idolatresses) were available. At this Allah (swt) revealed: "Marry not idolatresses until they believe" (Qurtubi, Ibn Kathir, Alusi).

Of course, women of the people of the Book (Jews and Christians) are exempt from this rule in view of the commandment in verse 5 of surah al Ma'idah. As for the disapproval reported of `Umar (ra), it could be because he feared that the Companions of the Prophet many of whom had migrated to Syria and Iraq might marry them in large numbers giving rise to social problems (Ibn Kathir).

Thanwi, however, warns that the faith and beliefs of the modern day Christians should be checked before one of their woman is taken into marriage, for a great majority of the so-called Christians of today neither believe in Jesus (asws) nor in the Scriptures as the God sent revelation. In fact, many of them are downright atheists. Marriage with such people is not permissible.

In fact, the injunction should be generally applied and one should not marry a woman mainly for her beauty. Says a hadith: عَنْ أَبِي هُرَيْرَةَ عَنِ النّبِيّ صلى الله عليه وسلم قَالَ: "تُنْكَحُ الْمَرْأَةُ لأَرْبَعٍ: لِمَالِهَا، وَلِحَسَبِهَا، وَلِجَمَالِهَا، وَلِدِينِهَا فَاظْفَرْ بِذَاتِ الدّينِ تَرِبَتْ يَدَاكَ". "A woman is married for four reasons: wealth, social position, beauty, and religion. Marry them for their religion. That will bring blessings." Muslim has a similar report in his collection (Ibn Kathir and others).

Note also the difference between "marry not idolatresses until they believe," and "give not in marriage (your women) to idolaters until they believe." This is the basis of the rule that a woman should normally be married off by her waliyy (guardian) Ibn Jarir, Qurtubi.

Legal Points

1. If a woman married to an unbeliever (of whatever faith), embraces Islam, their marital relationship is broken, unless the husband also accepts Islam. Divorce is not necessary for separation (Thanwi).

2. The same ruling applies to a case in which the Muslim husband has become an apostate. In both cases she must spend her waiting period (`iddah) before remarriage (Thanwi).

3. If a man married to an idolatress embraces Islam, he should also break his marriage with her (Au.).