3. Tabari writes: Ibn Is haq has reported that the Prophet sent Abu Bakr in command of Hajj in the ninth year of hijrah so that he might lead the Muslims in the performance of Hajj following Islamic rules, while the polytheists observed their own Hajj rites. (The Prophet himself wished to perform the Hajj but held himself back because the pagans circumambulated the Ka`bah naked: Ibn Kathir and others). After Abu Bakr had departed, this chapter was revealed breaking the treaty between the Prophet and the pagans to the effect that no one intending the House was to be prevented nor should anyone be threatened during the pilgrimage season. This became a special treaty between the Prophet and the Makkan pagans. As for the rest of the pagan tribes, there were several separate treaties between them and the Prophet of various specified terms. These verses were revealed concerning them as well as the disaffected ones who had remained behind the Tabuk expedition. Ibn `Abbas has said that the first few verses of this chapter prescribed a period of four months to those with whom the Prophet had entered into a treaty and specified a term, while, on the other hand, it gave time until the end of Sacred Months about 50 days from that day, the tenth of Dhu al Hijjah to those who had entered into a treaty with the Prophet but had not specified a term (such as Banu Khuza`ah, Banu Mudlaj and others: Mujahid). Qatadah added that upon revelation of these verses, the Prophet sent `Ali ibn Abi Talib (with 30 40 verses: Muhammad b. Ka`b) to make the announcements (at different places and on different occasions: Au.; and adding the words: no pagan will be allowed to perform Hajj after this year and no one will be allowed to circumambulate the Ka`bah naked after this: Muhammad b. Ka`b. This report is a sahih hasan one according to Tirmidhi: Qurtubi). Abu Bakr remained leading the Muslims in Hajj. (According to a report in Ibn Hibban and Ibn Marduwayh, Abu Bakr returned to ask the Prophet whether a verse had been revealed against him. The Prophet assured him: "You are my brother, my companion in the cave and at the Pond. But I would like one of my kinsfolk to deliver this message": Alusi. According to other reports, `Ali confirmed that Abu Bakr remained the leader of the faithful in Hajj. When he joined Abu Bakr, he asked him, "As a leader or as a follower?" `Ali replied, "As a follower." Accordingly, on the Day of `Arafah, it was Abu Bakr who delivered the sermon on topics concerning ways and methods of performing Hajj, followed by `Ali who read out the verses of Bara`ah: Qurtubi). Another thing "we said," added Abu Hurayrah (who took over the announcements whenever `Ali's voice failed due to shouting) "is that, no one but a believer will enter Paradise." However, Tabari adds his own remark, that there are differences in opinion over who exactly was allowed respite until what exact time.

Abu Hurayrah's report is in Bukhari, while other parts are in Ahmad and other hadith collections. However, the report as found in some works that `Ali was sent later to take back the verses from Abu Bakr and make announcements instead of him, is weak (Ibn Kathir, Alusi).

Zamakhshari, Qurtubi and Alusi add that the reason why `Ali was sent, despite Abu Bakr's presence, is that it was the practice of the Arabs of those times that when they had to break a treaty, it was done either by the one who had signed it, or by someone he deputed of his household.

4. Which day is this great day of Hajj? There are two opinions. One comes from `Umar ibn al Khattab, Sa`id ibn Musayyib, Ibn Zubayr, Mujahid and `Ikrimah and others that it is the 9th of Dhu al Hijjah. But `Ali, `Abdullah (ibn Mas`ud), Ibn `Umar, Ibn abi Awfa, Ibn `Abbas, Sa`id ibn Jubayr, `Ata', Suddi and a great many others have said that it is the day of sacrifice (10th of Dhu al Hijjah). There have been other opinions too. The message itself contained in this chapter was delivered on two days. When Abu Bakr had delivered his sermon on the 9th of Hajj in `Arafah, he said: "Now, `Ali. Rise up and deliver the message the Prophet has sent you with." `Ali got up and recited the first 40 verses of this chapter. However, `Ali thought that it was not enough since everyone could not have heard. So he went about on the 10th of Dhu al Hijjah in Mina, visiting the tents and making the announcement (Ibn Jarir).

In fact, there are reports right from the Prophet himself, recorded in Abu Da'ud, to the effect that the day of sacrifice (10th of Dhu al-Hijjah) is the Great Day of Hajj (Qurtubi). Ibn Abi Hatim and Ibn Marduwayh have similar reports (Ibn Kathir).

5. There have been several opinions about the identity of these polytheists such as, the Quraysh, a few of Banu Khuza`ah, and some of the Banu Kinanah. But Banu Kinanah seem to qualify best (Ibn Jarir).

6. The only people that seem to fit this clause is a clan of the Banu Bakr tribe who did not participate with the main body of the tribe in their attack on Banu Khuza`ah, nor sided with the Quraysh, rather remained aloof and true to their treaty of Hudaybiyyah. This is supported by the statements of Suddi and Mujahid. Further, this class of people, in fact many others, did not wait long as Ibn al Qayyim has pointed out before entering into Islam (Sayyid).

The above is the opinion of Ibn `Abbas as in Zamakhshari who adds that 9 months were left for the treaty to expire and the Prophet completed the term of the treaty with them.

7. By relating the honoring of the treaties to piety, Allah tells us by implication that being true to a treaty is not simply a good Islamic principle, nor should it be attempted merely because it promises to be beneficial. Rather, in Islam it acquires the status of a devotional act. A Muslim observes these kinds of things hoping to win Allah's approval. It is another thing that it saves the community from contradictions and inconsistencies. But, more importantly, it raises the human soul to higher moral plain (Sayyid).

8. The Sacred months of this context are: Shawwal, Dhu al Qa`idah, Dhu al Hijjah and Muharram (Ibn Jarir).

Ibn Kathir however believes that what is to be understood from the statements of Ibn `Abbas, Mujahid and others is that the textual term "ash haru ‘l hurum" is not referring to the well known Sacred Months, rather to the four months allotted to the pagans from the day of announcement.

9. The allusion is to the pagan Arabs.

Rashid Rida questions the opinion of some commentators that this verse declares war on every pagan, in view of two reports from the Prophet. One of them is in Tabarani, but, as Ibn Hajr has said, well known among the Companions. It says,

اتْرُكُوا التُّرْكَ مَا تَرَكُوكُمْ

"Leave alone the Turks so long as they leave you alone." (The allusion perhaps was to the Mongols: Au.).

Ibn al-Jawzi declared this hadith as fabricated. But Haythamiyy said that it is a Hasan report (Au).

Abu Da'ud has the other report. It says,

اتْرُكُوا الْحَبَشَة مَا تركوكم فَإِنَّهُ لَا يسْتَخْرج كنز الْكَعْبَة إِلَّا ذُو السويقتين من الْحَبَشَة

"Let alone the Abyssinians so long as they leave you alone. For, Ka`ba's treasure will not be seized but by a wide legged man from Abyssinia."

The hadith can be trusted: Haythamiyy (Au.).

A third report in Abu Da'ud and Nasa'i combines the two. It says, "Let alone the Abyssinians so long as they let you alone and let alone the Turks so long as they let you alone." Khattabi has said that the verse herewith might be an unconditional one, but the hadith could be restricting its application. However, Rashid Rida thinks that the verse in point cannot be used to declare war on every pagan of the world.

Whether or not is another matter, but, as pointed out, first hadith is weak, and the other is not speaking of pagans. The Abyssinians then were perhaps Christians (Au.).

Qurtubi cautions against another aspect. He says that although the term is general, women, children, and the priestly class were excluded from the command of slaughter.

10. Yusuf Ali comments: "When war becomes inevitable, it must be prosecuted with vigour. According to the English phrase, you cannot fight with kid gloves."

Hudhayfa used to say that on hearing this verse Abu Sufyan (became so fearful of his life) that he had given up going into his wife (Ibn Jarir).

11. Qurtubi writes: Imam Malik has been reported as saying that whoever believed in Allah, in His Messenger, but refused to Pray (despite being chided and warned: Au.), may be killed. (This is the prescribed Shari`ah punishment for not Praying, and not because he has altogether become an unbeliever [haddan, la kufran]: Rashid Rida). Abu Thawr, Hammad b. Zayd, Mak hul, Waki` and Imam Shafe`i's pupils share this opinion with him. (Imam Shafe`i has also expressed a similar opinion: Alusi). Abu Hanifah however says that the man may be imprisoned, beaten, but not killed. This is also the opinion of Ibn Shihab and Da'ud ibn `Ali. (Also of Imam Muzani, Shafe`i's famous pupil: Manar). They justify their stand by the hadith of the Prophet which reports him as saying: "A Muslim's life is sacrosanct, except in three cases: apostasy after belief, adultery after marriage, killing someone without cause." Nevertheless, many of the Companions were of the opinion that a man who gave up a single Prayer, without a good cause, refusing to do it even after its time had passed, and said, "I will not Pray," is an unbeliever who should be killed. His dependents cannot inherit him.

But, adds Alusi, as against the opinion of certain scholars, one who does not pray and does not pay out the Zakah, remains a Muslim, although a sinner. (What he means perhaps that the man does not, although admits that these two are pillars of Islam: Au.).

Rashid Rida quotes those ahadith that support the above opinions. One of them is in several collections. Bukhari's version says:

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَقُولُوا لَا إِلَهَ إِلَّا اللَّهُ فَإِذَا قَالُوهَا وَصَلَّوْا صَلَاتَنَا وَاسْتَقْبَلُوا قِبْلَتَنَا وَذَبَحُوا ذَبِيحَتَنَا فَقَدْ حَرُمَتْ عَلَيْنَا دِمَاؤُهُمْ وَأَمْوَالُهُمْ إِلَّا بِحَقِّهَا وَحِسَابُهُمْ عَلَى اللَّهِ

"I have been ordered to fight the people until they say that there is no god besides Allah. If they say that, Pray like we do, face our Qiblah and slaughter the way we slaughter, then their life and property is forbidden unto us save by right. (As for their other deeds), their reckoning is with Allah."

Another version, which reaches the Tawatur status says:

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَقُولُوا لَا إِلَهَ إِلَّا اللَّهُ فَمَنْ قَالَهَا فَقَدْ عَصَمَ مِنِّي مَالَهُ وَنَفْسَهُ إِلَّا بِحَقِّهِ وَحِسَابُهُ عَلَى اللَّهِ .

"I have been ordered to fight the people until they say that there is no god besides Allah and that I am Allah's Messenger. If they say that, their life and property is forbidden unto me save by right. And their (final) reckoning is with Allah."

Another report preserved by Muslim, Abu Da'ud, Tirmidhi and Ahmad says:

إِنَّ بَيْنَ الرَّجُلِ وَبَيْنَ الشِّرْكِ وَالْكُفْرِ تَرْكَ الصَّلاَةِ



"Between a man and disbelief and polytheism, lie the Prayers."

Another version reported by all the authors of the Sunan except the Sheikhayn says:

الْعَهْدُ الَّذِى بَيْنَنَا وَبَيْنَهُمْ الصَّلاَةُ فَمَنْ تَرَكَهَا فَقَدْ كَفَرَ

"The covenant between us and them is the Salah. He who gave it up, committed disbelief.”

As for the hadith in the Sahihayn, the one which includes Salah and Zakah apart from the testimonies, as the minimum, Hafiz ibn al Hajr has a note that the hadith has to be treated with some caution. Imam Ahmad, for instance, despite the vastness of his collection, has not chronicled this hadith.

Rashid Rida also reproduces an argument between Ibn Hanbal and Shafe`i. Shafe`i asked: "Do you believe that one who did not Pray committed disbelief?" Ahmad said, "Yes." Shafe`i asked, "If he became an unbeliever, how is he to become a believer?" Ahmad replied, "By beginning to Pray." Shafe`i said, "But the Prayer of an unbeliever is invalid." Imam Ahmad had no answer.

Nonetheless, there is no denying the extreme importance of the Prayers. Some of the Companions also believed in one's Kufr if he gave up Praying. A report in Tirmidhi and Hakim says that the Companions did not consider any sin that was tantamount to Kufr except abandoning of the Prayers. Prayers then, cannot be separated from the testimony.

Rashid Rida's quote ends here.

To put it otherwise and following the Hanafiyy line: If it is a polytheist, then the minimum required of him is the testimony, "There is not god save one Allah." If he testified to that, we shall declare him a Muslim. But, if he already believes in the Oneness of Allah, (such as a Jew: Manar), then both the testimonies (oneness of Allah and Messengership of Muhammad) will have to be pronounced before he is declared a Muslim. If he is a Christian, then apart from the two testimonies, he will be required to declare that Jesus Christ is no more than a Messenger of Allah, His Word and slave.

Finally, after their declarations, only those will be treated as true Muslims who Pray. Those who do not are of two kinds, (i) the ignorant ones: they will have to be educated, and (ii) those who refused despite the knowledge: they will be punished.

On the negative side, only those will be treated as non Muslims who nullify their testimonies by denying them, or denying the validity of any one of Islam's well known obligations, of the nature of beliefs or deeds, by word or act, overtly or covertly.

At the community level, those who refused to pay the obligatory Zakah will be fought against by the Islamic state. Finally, those who embrace Islam will be are obliged to practice the whole of it at once, and not in gradual steps. However, on violation, (and of the non criminal nature), factors affecting their denunciation apart from others will be their knowledge or ignorance, newly converted or old. And, to allow fair play to people's choice, no one will be spied upon, nor would the authorities give ear to what the people do in private, so long as the evil remains confined to the individuals (Au.).

12. Ibn Zayd has said: Allah mentioned Salah and Zakah together as if He would not accept one without the other. May Allah show mercy to Abu Bakr, how well he understood this verse (to have fought those who refused to pay the Zakah) Ibn Jarir.

To strengthen the above, Ibn Kathir adds a hadith of the Sahihayn. It reports the Prophet as having said:

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَيُقِيمُوا الصَّلَاةَ وَيُؤْتُوا الزَّكَاةَ

"I have been commanded to fight the people until they testify to Allah's Oneness, my Prophethood, Pray and pay the Zakah."

Bukhari has another version. It says,

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَقُولُوا لَا إِلَهَ إِلَّا اللَّهُ فَإِذَا قَالُوهَا وَصَلَّوْا صَلَاتَنَا وَاسْتَقْبَلُوا قِبْلَتَنَا وَذَبَحُوا ذَبِيحَتَنَا فَقَدْ حَرُمَتْ عَلَيْنَا دِمَاؤُهُمْ وَأَمْوَالُهُمْ إِلَّا بِحَقِّهَا وَحِسَابُهُمْ عَلَى اللَّهِ

"I have been commanded to fight the people until they testify to Allah's oneness. If they testify to this, Pray like we Pray, orient themselves to our Qiblah, slaughtered in the manner we slaughter, then their blood and their property is unlawful to us, except by right.

13. Note the magnanimity of Islam. The pagans persecuted, waylaid the Muslims, attacked and battled against them for over 20 years. But the Qur'an tells them that if they repent, they are still acceptable (as on par with those they persecuted, waylaid, attacked and battled against) and what's more, their past deeds would be forgiven; for "Allah is All forgiving, All kind" (Sayyid).

Ibn `Abbas and Dahhak have said that this verse revoked every treaty that the Prophet had entered into, with any kind of unbelievers, to any period. And `Ali ibn Abi Talib has said in a shortened report preserved by Ibn Abi Hatim: "Allah sent four swords for the polytheist of Arabia. (As regards the first sword) Allah said: ‘Slaughter the associators wherever you lay your hands on them.' The report does not speak of the other three swords. So Ibn Kathir speculates them as follows. The second sword was the Prophet's war against the people of the Book. Allah said (9: 29), "Fight those who do not believe in Allah or the Last Day and do not declare unlawful what Allah and His Messenger declared as unlawful, and do not accept the true religion, from those who were given the Book, until they pay tribute by their hands in humiliation." The third sword was the war against the hypocrites. Allah said (9: 73): "O Prophet. Fight against the unbelievers and the hypocrites." And, the fourth sword was against the rebelling Muslims. Allah said (49: 9), "And, if two Muslim groups fight each other, then make peace between them. But if one of them rebels against the other, then fight against the rebellion group until it returns to the command of Allah." However, Ibn Kathir goes on, there is difference of opinion over the present verse, whether it remains in force, or is it abrogated by the commandment in another verse (47: 4): "Then, either (show) favor or (seek) ransom." Dahhak and Suddi have said that this present verse is abrogated. But Qatadah has said it is not, it remains "muhkam" (well grounded).

14. What if an individual Muslim offers someone protection? The majority answer is that the protection holds good. This opinion is based on a hadith. A variant opinion is that the ruler will have the discretion to either uphold or withdraw it (Qurtubi).

15. This verse is a clear proof that blind following is not the best course of action in religion. One's religion should have its roots in knowledge and evidences (Razi, Manar).

16. Rashid Rida comments on the benefit of escorting the man to safety: So that the man, once in the safety of his own land and people, might feel free to either choose Islam or not to.

Obviously, the rule would apply to those who come into the Islamic state from another country (Au.). And the period allowed is a maximum of one year before they should leave the country (Ibn Kathir).

Ibn Kathir also adds: Following this rule we see that when Musaylimah the Liar's ambassador came to the Prophet, he asked him, "Do you believe that Musaylimah is a Messenger of Allah?" The man replied, "Yes, I do." The Prophet said, "If not for the rule that ambassadors should not be killed, I would have got you beheaded." But, the Prophet's words did come true. The man, identified as Ibn al Nawaha, re appeared in Kufa during the governorate of Ibn Mas`ud. He still believed in Musaylimah's messengership. Ibn Mas`ud told him that he had lost his immunity since he was no more an ambassador and got him beheaded.

Imam Razi adds that the jurists have generally held the opinion that a Harbi unbeliever (of a party at war with Muslims), would be treated as a ghanimah in normal circumstances, unless he has obtained permission to enter Muslim lands. And, such permission can be granted to him both for religious reasons "until he has heard Allah's words" or for worldly purposes such as, trade.

Alusi has stated the opinion of the scholars that the words "until he has heard Allah's words" imply that until he has heard the whole of the Qur'an.

Taking cue from this verse, one might add that there is no reason why every university in the Islamic world including those of Makkah and Madinah should not offer special courses on Islam to non Muslims? Such of them as interested, could come into the Islamic world, (for a year at a stretch) and learn about Islam in Islamic environment, rather than study, as they do now, courses designed and taught by Jews and Christian in secular institutions of Europe and America (Au.).

17. Accordingly, the Prophet completed the four month term after which those that did not embrace Islam fled the country. Eventually, a few came back as Muslims such as `Ikrimah b. Abu Jahl and Safwan b. Umayyah (Ibn Kathir).

18. The textual word "Ill" has several connotations: (i) Kinship: this is the opinion of Ibn `Abbas. (ii) Allah: Mujahid has adopted this meaning. Hebrew and Syriac languages also use this word in this sense. (iii) Oath: Qatadah has opted for this, (iv) Pact: Ibn Zayd preferred this meaning. However, the same authorities have expressed other opinions at other times (Ibn Jarir).

19. Literally, the textual word "fasaqa" is used for something sprouting out, or emerging. For instance, when the date fruit emerges out of its skin, they say "fasaqa al ratabu." The word then, as used in the Qur'an, has to be understood in accordance with the context in which it appears (Manar).

20. It is reported that when Abu Sufyan decided to break the Hudaybiyyah pact, he invited the Quraysh to a sumptuous dinner and obtained their assent. The reference here is to that. Others have said that the reference is to the people of Ta'if who sent their contributions to the Quraysh to fight against the Prophet. But the earlier report seems to be more correct (Manar).