148. The birr of the original is defined as giving someone his rights in full.

149. It is reported in Bukhari and Muslim that when this verse was revealed, `Umar came to the Prophet and said,

يَا رَسُولَ اللَّهِ إِنِّي أَصَبْتُ أَرْضًا بِخَيْبَرَ لَمْ أُصِبْ مَالًا قَطُّ أَنْفَسَ عِنْدِي مِنْهُ فَمَا تَأْمُرُ بِهِ قَالَ إِنْ شِئْتَ حَبَسْتَ أَصْلَهَا وَتَصَدَّقْتَ بِهَا قَالَ فَتَصَدَّقَ بِهَا عُمَرُ أَنَّهُ لَا يُبَاعُ وَلَا يُوهَبُ وَلَا يُورَثُ وَتَصَدَّقَ بِهَا فِي الْفُقَرَاءِ وَفِي الْقُرْبَى وَفِي الرِّقَابِ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ وَالضَّيْفِ لَا جُنَاحَ عَلَى مَنْ وَلِيَهَا أَنْ يَأْكُلَ مِنْهَا بِالْمَعْرُوفِ وَيُطْعِمَ غَيْرَ مُتَمَوِّلٍ

"Messenger of Allah. I have obtained a piece of land in Khayber better than which I never obtained. What do you advise me about it?" The Prophet told him: "Keep the orchard with you but distribute its fruits among the poor.” Accordingly, ‘Umar declared that it should not be sold, gifted, nor inherited, rather, its produce should be spent on the poor, the kin, in releasing from debt, in the way of Allah, and on the guest. There shall be no sin upon him who looked after it that he should take for himself something reasonable and feed himself without excess (Ibn Kathir).

It is also reported that when Jalula' was captured `Umar wrote to Abu Musa al Ash`ari to purchase a slave girl for him. When she arrived at Madinah she struck `Umar (because of her beauty: Kashshaf). `Umar recited this verse and freed her. It is also reported (in the Sahihayn: Ibn Kathir; also Tirmidhi and Nasa`i: Alusi) of Abu Talha that either when this verse was revealed or that of surah al Baqarah ("Who is it that will offer Allah a goodly loan, so that Allah may increase it manifold? - 2: 245"), he told the Prophet that his orchard at Bayruha was his donation to the cause of Allah. (It was adjacent to the mosque. Its water was sweet and fruits abundant. The Prophet occasionally visited Abu Talha there to be treated with its fruits: Ibn Kathir). The Prophet instructed him to distribute it among the poor of his kinsfolk. It is also reported that when this verse was revealed Zayd b. Haritha came to the Prophet with his horse called "Sayl" which was quite dear to him and said, "Messenger of Allah, this is my contribution in the way of Allah. The Prophet accepted it and gave it to his son Usama b. Zayd. Zayd ibn Haritha protested: "Messenger of Allah of God, I gave it in charity." The Prophet told him: "Allah accepted it as such" (Ibn Jarir, Kashshaf, Razi, Qurtubi, Shawkani).

It is also said that a man asked Abu Dharr about the most virtuous deed in Islam. Abu Dharr replied: "Prayers are the pillar of Islam. And jihad is the pinnacle of deeds. As for charity, well, it is really a wonderful thing." The man said, "You did not mention what at least to me is more virtuous." Abu Dharr asked him what it was. He said, "Fasts." Abu Dharr told him: "Very near it, but not belonging to the same category." Then he recited this verse (Ibn Jarir).

It is also reported of Abu Dharr that he had guests. He told his shepherd, "Bring me the best of camels I have." When the man brought an old one, Abu Dharr told him: "You have not been honest to me!" The shepherd said: "True. I spotted the best of the camels, but I was reminded of the day when you will need it most and hence kept it back." Abu Dharr told him: "The day I'll need it most will be the day I will be lowered into the grave" (Kashshaf).

Rashid Rida adds another incident to his Manar taken from "Ihya'" (of Ghazali): `Abdullah ibn Ja`far had the occasion to seek a night's rest in an orchard looked after by a boyish black salve. When the slave sat down for his dinner, a dog appeared at the door. He threw a piece of bread at him. Then another, and then another, until he had none. `Abdullah asked him what he earned every day. The young man said, 'What you have seen me throwing at the dog.' 'Why did you give away all of it?' he asked. 'Because,' said the boy, 'This place has no dogs. It looks like he came from a distance and so I did not like to turn him back disappointed.' `Abdullah asked him, 'And what are you going to do now?' The boy said, 'I think I'll fold myself up a little tonight.' `Abdullah was so impressed that he purchased the orchard and gifted it to the boy.

However, what is meant, adds Kashshaf, is that one ought to spend a part of what is dear to him, and not necessarily all that is dear to him, (since moderation should never be lost sight of: Shafi`, and since the text has the word "min ma" added to it: Au.).

150. Mufti Shafi` says that according to the majority of commentators, the implication is general, so that, all that will be included which one may expend in the way of Allah, whether by way of the obligatory charity, i.e., zakah, (to which Ibn `Abbas has referred in one of his statements: Au.), or general philanthropic measures. Further, the verse does not discourage spending off what is surplus.

151. Wahidi has reported through Kalbi that when the Prophet (saws) said that he followed the religion of Ibrahim, the Jews objected: "How can you say that when you eat of the camel's flesh and drink its milk." The Prophet told them that these were not prohibited in the religion of Ibrahim. They said they were. Allah (swt) revealed this verse which meant to say that it was not unlawful in the Law of Ibrahim. It came to be prohibited later, so that many things that were permissible earlier were made unlawful to Israelites because of their rebellion as stated in another verse (4: 160, 161):

فَبِظُلْمٍ مِنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَنْ سَبِيلِ اللَّهِ كَثِيرًا (160) وَأَخْذِهِمُ الرِّبَا وَقَدْ نُهُوا عَنْهُ وَأَكْلِهِمْ أَمْوَالَ النَّاسِ بِالْبَاطِلِ وَأَعْتَدْنَا لِلْكَافِرِينَ مِنْهُمْ عَذَابًا أَلِيمًا [النساء : 160 ، 161]

"And, We forbade those who had adopted Judaism good and wholesome things that were previously lawful unto them, because of their transgression, their hindering in the way of Allah, their acceptance of usury while it was forbidden to them and because of their devouring people's property. And We have prepared for the unbelievers in them a painful chastisement." (Alusi)

According to Ibn `Abbas and Qatadah, (the report is in Hakim who declared it trustworthy: Alusi) all food was permissible to the Children of Israel. But as Israel (Ya`qub) was afflicted with a disease called irq al nasa' (sciatica), he vowed that if he was cured, he would stop consuming soups (according to some reports, camel meat and its milk products). When he was cured, he kept his word, that is, forbade himself these items. His followers also continued to shy away from these things until Allah revealed the Tawrah that cleared the situation by declaring what was lawful to them and what was unlawful. The Jews told Prophet Muhammad that Tawrah had declared unlawful unto the Children of Israel what Israel had declared unlawful unto himself (i.e. camel meat, its soup etc.). But Allah refuted them with this verse (Ibn Jarir).

It is also reported that the Jews did not come back with Tawrah to argue their point (Kashshaf, Qurtubi).

Razi adds that camel meat being dear to him, Ya`qub (asws) perhaps intended to suppress his carnal self by the vow.

According to another version a group of Jews came to the Prophet to enquire what it was that Israel had made unlawful unto himself. The Prophet told them that it was camel meat and its soup which he happened to be fond of (Ibn Jarir). The full version of the hadith is in Tirmidhi (Qurtubi). Ibn Jarir also adds that until his time (350 A.H.) camel meat and its soup were taboo to the Jews.

What the verses seem to be saying, maintains Ibn Kathir, is that there is nothing in new revelations that adds or deletes from the list of prohibitions. Marriage between real brothers and sisters was not incest at the time of Adam. A man marrying two real sisters at one time was not taboo which Ya`qub had done. Likewise, the meat of all animals was lawful at the time of Nuh. Therefore, what's strange in this new Prophet, Muhammad, to be declaring some things unlawful that were lawful in the Shari`ah of Musa, or vice versa, for the people of the Book to use it as a pretext to reject him? The same applies to the House of worship at Makkah. If the Jews and Christians treat true religion as originating from Ibrahim, then, is he not the one who built the Ka`bah? How can they refuse to accept the new Revelation?

152. We have a hadith in this context:

عَنْ أَبِي ذَرَ قَالَ: قُلْتُ: يَا رَسُولَ اللّهِ! أَيّ مَسْجِدٍ وُضِعَ فِي الأَرْضِ أَوّلُ؟ قَالَ: "الْمَسْجِدُ الْحَرَامُ" قُلْتُ: ثُمّ أَيّ؟ قَالَ: "الْمَسْجِدُ الأَقْصَىَ" قُلْتُ: كَمْ بَيْنَهُمَا؟ قَالَ: "أَرْبَعُونَ سَنَةً ".

Abu Dharr enquired the Prophet about which house of worship was built first. He replied: "Masjid al Haram." "Which one after that?" asked Abu Dharr. He said: "Masjid al Aqsa." Abu Dharr asked: "What was the time gap?" "Forty years" the Prophet replied (Ibn Jarir, Razi).

(The above hadith is in Muslim: Qurtubi; and in Bukhari: Ibn Kathir).

Further, in view of a hadith in Nasa'i which says that Sulayman built the house of worship in Jerusalem (Masjid al Aqsa), and that, there was a long time gap between him and Ibrahim, it is probable that both the Houses were built earlier, and both reconstructed on old sites (Qurtubi).

153. According to many authorities of the first and second generations, since linguistically "Bakkah" is for a place crowded by men and women, it is applicable to the area immediately around the Ka`bah, or what is within the inner precincts of the Masjid al Haram. As for what is outside of it, it is Makkah. Some others have explained Bakkah as Makkah (Ibn Jarir, Zamakhshari, Qurtubi, Ibn Kathir).

Majid adds: "There is mention of a name of the valley of Baca in the Bible (Ps. 84: 6). The old translators gave the word the meaning of 'a valley of weeping,' but better sense seems to have come now. According to more recent of the Biblical scholars, the word 'signifies rather any valley lacking water' (JE. II, p. 415)."

And, "'The sanctuary at Makkah possessed a worldwide fame, surpassing even that of the Church of the Holy Sepulcher or St. Peter at Rome' (ERE. I. p. 667)."

154. Razi comments: (The fact of the place being Holy has many aspects which can be explained variously. One aspect is that it bestows spiritual blessings upon those who orient themselves towards it, especially those who happen to be in close vicinity, whether visitors or permanent residents. The explanation is as follows: Au.). Imagine Ka`bah as a dot, like the dot at the center of a circle. Around this dot are concentric circles of devotees standing in rows after rows, (all over the world, at any time of the day: Alusi). Many of those who stand in these rows are men of heart and spirit whose whole attention is focused on Ka`bah. Thus, the Ka`bah is in constant spiritual focus of powerful personalities. Their spiritual attention converges on a single point: its center. Obviously, the hearts and spirits of those who are in similar postures, immediately around the Ka`bah, absorb these spiritual lights as they converge upon the Ka`bah and are positively affected by them.

Thus Ka`bah becomes a means of guidance to the peoples of the world to which the rest of the verse alludes (Au.).

155. The Station of Ibrahim, according to Qatadah and Mujahid, is one of the signs. The others are the Zam Zam spring, Ibrahim's foot marks on the stone he used to climb while constructing the house, the Black Stone, etc. (Ibn Jarir, Qurtubi).

(It is generally believed that) the Haram or the Bayt al `Atiq, which is the mataf of the people of the earth, is right under the Bayt al Ma'mur which is the mataf of those in the heavens, that is, the House which those in the heavens circumambulate (Sabuni).

See note 247, surah al Baqarah for explanation of the Station of Ibrahim.

156. Accordingly, the opinion of Ibn `Abbas, Ibn `Umar, Suddi and others, (also of Sha`bi and Imam Abu Hanifah: Razi, Qurtubi; and Imam Ahmad too: Rawa'e`), is that if a man commits murder and takes refuge in the haram, he should not be forced out until he surrenders. It is only after he voluntarily surrenders himself that he may be arrested, convicted, and punished. However, Ibn Zubayr, Mujahid and Hasan are of the opinion that he may be forced out and then arrested (Ibn Jarir). But the opinion of the Shafe`iyyah and Malikiyyah is that he might be arrested even inside the Haram (Rawa'e`).

Zamakhshari, Razi and Qurtubi have pointed out that it could also mean that he who entered the haram in sincere devotion will be in peace from the Fire.

157. The words "afford the passage" of the original has been interpreted by the Prophet, as quoted by Ibn `Umar, (and others, and in several hadith works: Ibn Kathir) as:

"الزاد والراحلة"

"Provision (for the journey), and the means of travel" (Ibn Jarir).

Good health, safety of passage and some others are, adds Ibn Jarir, additional conditions; as it is also incumbent upon the pilgrim to arrange for provision for those dependent on him back home, says Qurtubi.

A hadith preserved by Imam Ahmad and Muslim reports Abu Hurayrah as saying that one day the Prophet delivered a sermon during which he said:

أَيّهَا النّاسُ قَدْ فَرَضَ اللّهُ عَلَيْكُمُ الْحَجّ فَحُجّوا" فَقَالَ رَجُلٌ: أَكُلّ عَامٍ؟ يَا رَسُولَ اللّهِ فَسَكَتَ. حَتّىَ قَالَهَا ثَلاَثاً. فَقَالَ رَسُولُ اللّهِ صلى الله عليه وسلم: "لَوْ قُلْتُ: نَعَمْ. لَوَجَبَتْ. وَلَمَا اسْتَطَعْتُمْ". ثُمّ قَالَ: "ذَرُونِي مَا تَرَكْتُكُمْ. فَإِنّمَا هَلَكَ مَنْ كَانَ قَبْلَكُمْ بِكَثْرَةِ سُؤَالِهِمْ وَاخْتِلاَفِهِمْ عَلَىَ أَنْبِيَائِهِمْ. فَإِذَا أَمَرْتُكُمْ بِشَيْءٍ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ. وَإِذَا نَهَيْتُكُمْ عَنْ شَيْءٍ فَدَعُوهُ

"People. Allah has declared Hajj obligatory on you. Therefore go to Hajj." A man got up and asked: "Is it an yearly obligation, O Messenger of Allah?" The Prophet kept silent until the man repeated his question three times. Finally he replied: "Were I to say yes, it would have become a yearly obligation on you and you would not have been able to do it." Then he added: "Let me alone until I leave you alone. Many nations before you were destroyed because of their excessive questioning and their disagreement with their Prophets. Therefore, when I order a thing, do it to the best of your ability; and when I forbid a thing, avoid it" (Razi, Qurtubi, Ibn Kathir).

158. That is, one who denies the obligatory nature of Hajj (Ibn Abbas, Dahhak, Hasan, Mujahid: Ibn Jarir, Ibn Kathir). Accordingly, if one has the means and facilities but does not perform Hajj, he will be questioned about it (Razi). Further, the responsibility cannot be absolved by others making pilgrimage on his behalf (Qurtubi).

This is in view of the hadith related by `Ali which reports the Prophet as having said:

من ملك زاداً وراحلة ولم يحج بيت اللّه فلا يضره مات يهودياً أو نصرانياً

"Whoever had provision and means of conveyance that will take him to the House of Allah, but did not make the pilgrimage, may die, for all we care, a Jew or a Christian" (Ibn Jarir, Zamakhshari, Razi).

Ibn Kathir and Shanqiti point out that the above report is Da`if (weak), but Sahih as a statement of `Umar.

`Umar also used to say, (according to a Sahih report in Suyuti) that he would all but strike Jizyah against those who do not perform Hajj (Qurtubi, Ibn Kathir).

Legal Points

1. The great majority of jurists are of the opinion that Hajj can be delayed for reasons of convenience after it becomes obligatory, although it is advisable to perform it as soon as possible (Qurtubi).

2. If a non-adult who has performed Hajj achieves maturity, and can afford the journey, Hajj is still obligatory on him (Qurtubi).

3. If Hajj becomes obligatory on one who suffers from a disability of a permanent nature, for example extreme old age, then, according to `Ali, Thawri, Abu Hanifah, Ibn al Mubarak, Ahmad and Ishaq, he should send someone in his stead (Qurtubi).

4. According to Imam Malik, if one has enough provision but does not posses a means of conveyance, Hajj is still obligatory on him, if he can walk up the distance. (Dahhak was of this opinion and when objected, he retorted that would a man to inherit someone in Makkah, go there at all cost to collect his share or not?). Conversely, if he has conveyance, but not provision, but is confident of earning it on the way (without having to beg the people), then too Hajj is binding on him (Zamakhshari, Qurtubi).

5. As for a woman, according to the Hanafiyyah it is obligatory on her to travel in the company of a mahram or her husband. However, Shafe`iyyah and Hanabilah believe that a mahram is not a strict requirement, even if recommended, on the condition that she feels herself safe in the company of a group of women. However, this, according to them is for Hajj alone, and is not applicable to `Umrah which she must perform in the company of a mahram or husband (Rawa'e`).

159. It is reported that Shas b. Qays, (some have named him Shammas) a very old Jew and a tough opponent of Islam, happened to pass by Muslims of Aws and Khazraj sitting around engaged in a happy gossip. He was reminded of the enmity between the two tribes in pre-Islamic times. He felt intensely envious. He sent a young poet to recite poems said in connection with Bu`ath, which was a fierce battle fought in pre Islamic times in which Aws had overcome Khazraj. With the recitation, men began to argue with each other over various events of the battle. That revived memories and opened old wounds. Quickly, swords were drawn and men lined up, with Aws on one side and Khazraj on the other, for a trial of strength. The news reached the Prophet. He rushed to the spot and appealed to them in words: "O Ansar. Allah! Allah! Will you respond to Jahilyy calls even while I am in your midst? Will you do that even after Allah has guided you to Islam, rid you of unbelief, and endeared you to each other? Are you going to return to the unbelief of pre Islamic times?" This cooled passions. They threw down their arms and began to weep. Then they embraced each other and left the spot in the company of the Prophet. Thereupon Allah revealed this and the following two verses (Ibn Jarir, Zamakhshari, Razi, Qurtubi).

It could also be referring, adds Ibn Jarir, as is the opinion of Suddi, Qatadah and Hasan, to the misguidance that the Jewish rabbis used to cause by discouraging people from joining the ranks of the Prophet (Ibn Jarir, Qurtubi, Ibn Kathir, Alusi).

160. A report says that the Prophet asked his followers:

"أي المؤمنين أعجب إليكم إيماناً؟" قالوا: الملائكة، قال: "وكيف لا يؤمنون والوحي ينزل عليهم"، قالوا: فنحن، قال: "وكيف لا تؤمنون وأنا بين أظهركم"، قالوا: فأي الناس أعجب إيماناً؟ قال: "قوم يجيئون من بعدكم يجدون صحفاً يؤمنون بما فيها".

"What kind of believers sound remarkable to you?" They answered: "Angels." He said: "Why should they not believe when revelations are sent to them." They said: "Then we." He said: "Why should you not believe when I am in your midst?" They asked: "Then which of the believers are remarkable?" He said: "A people after you who will find the Revelation and believe in its contents" (Ibn Kathir).

The report is from Hakim, Bazzar, Abu Ya`la and others, with some versions, in different words, in Ahmad, which, all put together, give strength to the hadith (Au.).

161. Qatadah has said: As for the Qur'an, it is before you. As for the Prophet, his Sunnah is his substitute (Ibn Jarir, Razi Qurtubi).

"And the point is," adds Majid, "that there is no earthly reason for anyone to go back to irreligion so long as the Qur'an and Sunnah are in existence."