Verse:177 Commentary From the beginning to this point, the Sarah al-Baqarah is reaching its half-way mark. Until now, the message was addressed mostly to its deniers since the truth of the Holy Qur'an was the first thing to be established. In that context, mention was made of those who accepted it and those who rejected it, which was followed by providing proof of Allah's Oneness and the Prophethood. Then, recounted were Allah's blessings and favours on the progeny of Ibrahim (علیہ السلام) right through the verse وَإِذِ ابْتَلَىٰ إِبْرَ‌اهِيمَ رَ‌بُّهُ (2:124). Thenceforth started the issue of the Qiblah قبلہ which continued until it was resolved when the status of Safa صفاء and Marwah مروہ was identified as a sign from Allah (Verse 158).

Then, the affirmation of Allah's Oneness was rightfully followed by a refutation of the principles and subsidiaries of Shirk شرک ، the act of associating others with Allah. The approach this far is full of warning mostly given to the deniers of the message of the Qur'an; any reference to Muslims was only as a corollary.

The verses that follow contain nearly the other half of Sarah al-Baqarah where the primary purpose is to educate Muslims in the principles and the subsidiaries of their religion and any address to non-Muslims is by implication only. This subject which continues through the end of the Sarah has been unfolded by presenting and explaining the cardinal concept of birr بِرَّ‌, an umbrella word in Arabic used for what is good in the absolute sense and which combines in itself all acts of righteousness and obedience, inward or outward. So, when the verse begins, basic principles such as belief in the Book, spending of wealth in charity, fulfillment of promises and patience in distress have been stressed upon which, incidentally, include the basic principles behind all injunctions of the Holy Qur'an. The fact is that the articles of belief, the deeds in accordance with them and the morals are the essence of all religious injunctions while all details fall under these basics. Thus, the verse actually houses all these three major departments.

The chapters of 'Birr' بِرَّ‌ (the virtues)

From this point onwards, the reader will find details of this comprehensive attribute of birr بِرَّ‌, the essence of which is 'obedience'. Many injunctions, in unison with suitable time and place, have been taken up as needed. Some of these are about Equal Retaliation, Will, Fasting, Jihad, Hajj, Spending, Menstruation,' Ila' Oath, Divorce, Marriage, Post-divorce waiting period for women ('Iddah عِدَّہ ), Dower (Mahr مھر), while Jihad جہاد and Infaq انفاق (spending) in the way of Allah find re-stress, and some aspects of buying and selling and witnessing appear proportionate to their need. The finale is good tidings and the promise of mercy and forgiveness.

Commentary

When Baytullah بیت اللہ ، the House of Allah at Makkah was made the Qiblah قبلہ of the Muslims in place of Baytul-Maqdis بیت المقدس ، the Jews and Christians and the Mushrikin مشرکین ، who were much too eager to find fault with Islam and Muslims, were stirred and they started coming up with all sorts of objections against Islam and the Holy Prophet صلى الله عليه وسلم ، detailed answers to which have been given in verses that have appeared earlier.

In the present verse, this debated issue has been closed in a unique manner when it was said that Faith cannot be restricted to the single aspect of turning to the West or the East when praying. These are directions in an absolute sense and thus cannot be turned into the very object of Faith to the total exclusion of other injunctions of the Shari'ah.

It is also possible that this is addressed to Jews, Christians and Muslims at the same time, the sense being that real birr (righteousness) and thawab ثواب (merit) lies in obedience to Allah Almighty. The direction in which He wants us to turn automatically becomes merit-worthy and correct. In itself, the East or the West, or any other direction or orientation has no importance or merit.

Instead, the real merit comes out of one's obedience to the injunctions of Allah, no matter what the direction be. Upto the time the command was to turn towards the Baytul-Maqdis بیت المقدس ، the obedience to that command was an act deserving of merit, and now, when the command to turn towards the House of Allah بیت اللہ at Makkah has come, obeying this command has become deserving of merit.

As stated earlier during the discussion of linkage of verses, a new sequence begins from this verse where the main body of the text comprises of teachings and instructions for Muslims with answers to antagonists appearing there by implication. This is why this particular verse has been identified as very comprehensive in presenting Islamic injunctions. What follows through the end of Surah al-Baqarah is an explanation or elaboration of this verse. Given below is a detailed account of what the verse presents as a gist of the articles of faith, the modes of Allah's worship, dealings with people, and the moral principles.

, Foremost are the articles of faith. These were covered under مَنْ آمَنَ بِاللَّـهِ : "That one believes in Allah." Then comes the act of following the articles of faith in one's deeds, that is, in Allah's worship and in dealings with people. Allah's worship is mentioned upto the end of وَآتَى الزَّکٰوۃ : "And pays the Zakah زَّكَاةَ ", then, dealings with people were covered under وَالْمُوفُونَ بِعَهْدِهِمْ : "And those who fulfill their promise'', concluding with the mention of morals under وَالصَّابِرِ‌ينَ "The patient". The final statement is that those who follow all these injunctions are true Muslims and they are the ones who can be called God-fearing.

While mentioning these injunctions, the verse has given a number of subtle but eloquent indications, for instance, the spending of wealth has been tied up with: ` ala hubbihi عَلَىٰ حُبِّهِ which has three possible meanings. Firstly, the pronoun in 'hubbihi حُبِّهِ ' may refer to Allah Almighty, in which case, it would mean that in spending wealth one should not be guided by material motives or the desire to show off. Such spending should rather be done out of love for Allah Almighty, whose exalted majesty requires that this be done with perfectly un-alloyed sincerity (in the sense of the genuine ikhlas اخلاص of Arabic and not in the sense of some modern casual nicety).

The second possibility is that this pronoun refers to wealth, in which case, it would mean that, while spending in the way of Allah, only that part of one's wealth and possessions which one loves will be deserving of merit. Giving out throw-aways in the name of charity is no charity, barring the option of giving it to somebody who can use it, which is better than simply throwing things away.

The third possibility is that the pronoun refers to the infinitive آتَى: ata which emerges from the word ایتاءِ 'ita' of the text, in which case, the meaning could be that one should be fully satisfied in the heart with what one spends, not that hands spend and the heart aches.

Imam Al-Jassas (رح) has suggested the likelihood that all three meanings may be inclusive in the statement. It may be noted that, at this place, two forms of spending have been stated earlier which are other than Zakah زَّكَاةَ . Zakah زَّكَاةَ has been taken up after these two. Perhaps, the reason for this earlier mention could be the general negligence practiced in the liquidation of these rights on the assumption that the payment of Zakah زَّكَاةَ is sufficient.

This proves that financial obligations do not end at the simple payment of Zakah زَّكَاةَ . There are occasions, other than those of paying Zakah زَّكَاةَ , where spending out of one's wealth becomes obligatory and necessary (Jassas and Qurtubi). For instance, spending on your kin, when they have a valid excuse of not being able to earn their own living, is necessary; or there may be some needy person dying in poverty while you have already paid your Zakah زَّكَاةَ , then, it becomes obligatory for you to save his life by spending your wealth on the spot.

Similarly, building mosques and schools for religious education are all included in financial obligations. The difference is that Zakah زَّكَاةَ has a special law of its own and it is obligatory to take full care in paying the Zakah زَّكَاةَ in accordance with that law, under all conditions. While these other obligations depend on necessity and need; where needed, spending would become obligatory and where not needed, it will not be obligatory.

Special Note

A careful look at the text of the verse will show that those on whom wealth has to be spent, that is, the relatives, orphans, the needy, the wayfarer and those who ask, have all been described in one distinct manner, while the last head on the list has been introduced in another manner. It is clear that by adding فی : fi in وَفِي الرِّ‌قَابِ "And (spends) in (freeing) slaves" the purpose is to point out that the amount spent will not reach the hands of the slaves owned by somebody as their personal amount which they can spend at will. Instead, the amount has to be spent in buying slaves from their masters and setting them free. Hence, the translation: 'And (spends) in (freeing) slaves.' After that, the statement, أَقَامَ الصَّلَاةَ وَآتَى الزَّكَاةَ "And observes the prayers and pays the Zakah زَّكَاةَ " appears in the same manner as everything else has been mentioned earlier. Now, in order to introduce the chapter of dealings, the style has been changed. And instead of using verbs, the nouns have been used. This denotes that one should have a continuing habit of fulfilling promises made. A chance fulfillment of a compact, something even a disbeliever or a sinner would accomplish once in a while is not enough to qualify a person for being included in the list.

The reason why the keeping of promises has been chosen to represent dealings with people is simple. A little thought would show that staying by a contract entered into or the fulfilling of a promise made, is the essence of all dealings, such as buying and selling, leasing, renting and partnership.

Similarly, while referring to the moral principles or the inner deeds, only sabr صبر (patience) is mentioned in the verse, because sabr صبر means to control the human self and guard it against evil. Even a little reflection can lead to the conclusion that sabr صبر is the very essence of all inner deeds; through it, high morals can be achieved and through it, low morals can be eliminated.

Yet another change in style made here concerns the use of the word, والصَّابِرِ‌ينَ and not والصَّابِرِ‌ونَ on the pattern of والْمُوفُونَ which appeared immediately earlier. Commentators call it نصب علی المدح : nasb ala l'madh which means that the word madh مدح (praise) is understood here and the word al-sabirin الصَّابِرِ‌ينَ is its object. This means that among the righteous, the sabirin صَّابِرِ‌ينَ (the patient) are worthy of special praise since sabr صبر gives one special power to perform righteous deeds.

In short, this verse holds in its fold important principles of all departments of Faith and its eloquent hints tell us the degree of importance of each one of them. Verse:178 Commentary From the brief introduction to the nature of righteousness appearing in verses before this, the text now enters into the description of related subsidiary injunctions. Under the first injunction in this connection, the verse prescribes the law of Qisas (even retaliation), that is, the killer will be killed, irrespective of the status of the parties involved. If the aggrieved party somewhat relents on its own and forgives the Qisas قصاص ، but does not forgive the offence totally, it will become necessary for the killer to pay diyah (دیۃ) or blood-money as fixed, in a fair manner, and promptly. The claimant too, should pursue the matter in a recognized manner causing no harassment to the defendant. This law of blood-money and pardon is a relief granted by Allah Almighty in His grace, otherwise, there would have been no choice but to face the punishment of death. If, after all that, anyone crosses the limit set by Allah, such as, the filing of a false or doubtful case of murder, or a post-pardon re-opening of a murder case, he will be severely punished. In the end, the verse points out that wise people should have no difficulty in seeing that the law of even retaliation does not take life, instead, it gives life, for such a deterrent law will make people fear the punishment of killing somebody and thus lives will be saved.

There is life in 'Qisas' قصاص

Literally, the word, Qisas means likeness. In usage, it denotes 'even retaliation' or to return like for like. In Islamic juristic terminology, Qisas means the equal retaliation of an aggression committed against the body of a person. This retaliation is allowed only with a condition that the principle of "like for like" is strictly observed. This has been explained more clearly later on in verse 194 of this very Sarah which says:

فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ

So, agress against him in the like manner as he did against you.

And also in the concluding verses of Surah al-Nahl, the same rule has been covered:

وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِ

And, if you retaliate, then retaliate just as you have been oppressed against. (16:126)

Therefore, as a term of the Shari'ah, the Qisas قصاص is a punishment for killing or wounding in which the principle of equality or likeness is taken into full consideration.

Rulings

1. The principle of even retaliation is applied exclusively in cases of culpable homicide when someone has been killed intentionally with a lethal weapon causing injury and blood-loss.

2. In a homicide of this nature, the killer is killed in even retaliation - free man for a free man, slave for a slave, and female for a female - and similarly, a man for a woman. The mention of 'free man for a free man' and 'female for a female' in this verse refers to a specific event in the background of which it was revealed.

On the authority of Ibn Abi Hatim ؓ 1, Ibn Kathir (رح) has reported that, just before the advent of Islam, war broke out between two tribes. Many men and women, free and slaves, belonging to both, were killed. Their case was still undecided when the Islamic period set in and the two tribes entered the fold of Islam. Now that they were Muslims, they started talking about retaliation for those killed on each side. One of the tribes which was more powerful insisted that they would not agree to anything less than that a free man for their slave and a man for their woman be killed from the other side.

It was to refute this barbaric demand on their part that this verse was revealed. By saying 'free man for a free man, slave for a slave and female for a female' it is intended to negate their absurd demand that a free man for a slave and man for a woman should be killed in retaliation, even though he may not be the killer. The just law that Islam enforced was that the killer is the one who has to be killed in Qisas قصاص . If a woman is the killer why should an innocent man be killed in retaliation? Similarly, if the killer is a slave, there is no sense in retaliating against an innocent free man. This is an injustice which can never be tolerated in Islam.

This verse means nothing but what has been stated earlier, and we repeat, that the one who has killed will be the one to be killed in Qisas قصاص . It is not permissible to kill an innocent man or someone free for a killer, woman or slave. Let us hasten to clarify that the verse does not mean that Qisas قصاص will not be taken from a man who kills a woman or from a free man who kills a slave. In the very beginning of this verse the words الْقِصَاصُ فِي الْقَتْلَى: "The Qisas قصاص has been enjoined upon you in the case of those murdered" are a clear proof of this universality of application. There are other verses where this aspect has been stated more explicitly, for instance, in النَّفْسَ بِالنَّفْسِ (the person for the person).

3. If, in a case of intentional killing the murderer is given full pardon, for instance, should both of the two surviving sons of the deceased pardon and forego their right of retaliation, the killer is free of any claim against him. In case the pardon is not that full, for instance, as illustrated above, one of the two surviving sons does pardon the killer while the other does not, the result will be that the killer will stand released right there from the retaliatory punishment, but the one who has not pardoned the killer will be entitled to half of the blood-money (diyah). In Shari'ah, this diyah amounts to one hundred camels or one thousand dinars or ten thousand dirhams درھم or approximately nineteen pounds of silver according to current weights and measures.

4. The way an incomplete pardon makes payment of blood-money necessary, in the same manner, a mutual settlement between parties concerned on a certain amount makes retaliation inapplicable and payment of the agreed amount becomes necessary. This, however, is governed by some conditions which appear in books of fiqh فقہ .

5. Under the Islamic law, the inheritors of the person killed, whatever their number, will inherit and own the right of retaliation and blood-money in accordance with their share in the inheritance. If blood-money is taken, it will be distributed among the inheritors in accordance with their share in the inheritance. And should Qisas قصاص (even retaliation) become the choice, the right of Qisas قصاص will also be commonly shared by all. Since Qisas is indivisible, the pardon given by any one of the inheritors will hold good and the pardon will become inclusive of the right of retaliation held by other inheritors. However, they shall receive the blood-money amount according to their share.

6. It is true that the right of even retaliation is vested in the legal heirs of the persons killed but, in accordance with the consensus of the Muslim community, they do not have the right to settle the score all by themselves, in other words, they cannot kill the killer on their own, instead, they have to seek the help of a Muslim ruler or his deputy to realize their right. The reason is that Qisas قصاص is an intricate issue when it comes to details which are simply out of reach for an average person. Therefore, the legal heirs of the person killed, not knowing the particular circumstances when retaliation does, or does not become necessary, may commit some sort of excess under the heat of their anger. So, by a unanimous agreement of the scholars of the Muslim community, it is necessary that the right of retaliation be secured and made effective through the agency of an Islamic government. (Qurtubi) Verse:179 Commentary - - - Verse:180 Commentary The Qur'anic view of making will وصیّت

Literally, al-wasiyyah الوَصِیّہ means an order to do something, either in the lifetime of the maker of wasiyyah or after his death. But, in commonly accepted usage, it refers to what must be done after death. It can be translated as the will or bequest.

Out of the many meanings the word خیر khayr has in Arabic, 'wealth' happens to be one of them, for instance, in the verse وَإِنَّهُ لِحُبِّ الْخَيْرِ‌ لَشَدِيدٌ (Surely he is passionate in his love for good things) where, according to the unanimous agreement of commentators, خیر 'khayr' means 'wealth'.

In early Islam, when shares in inheritance: were not fixed by the Shari'ah, the rule was that a dying person could make a will within the one third of inheritance, leaving behind in the name of his parents and relatives in whatever proportion he chose. This much was their right; the rest went to children. This injunction appears here in this verse.

The making of a will made obligatory for one who is leaving behind some wealth has three aspects:

1. No shares except those of children are fixed for any other inheritors in what is being left by the dying person. These are to be determined through the will made by him.

2. Making a will for such relatives is obligatory on the dying person.

3. Making a will for more than one third of the inheritance is not permissible.

Out of these three injunctions, the first one was abrogated by the 'verse of inheritance' as determined by most of the Companions and their immediate successors. Ibn Kathir has reported from the blessed Companion, ` Abdullahibn ` Abbas that this injunction was abrogated by the 'verse of inheritance' which is as follows:

لِّلرِّ‌جَالِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ‌ ۚ نَصِيبًا مَّفْرُ‌وضًا ﴿7﴾

For men there is a share in what the parents and the nearest

of kin have left, and for women there is a share in what the parents and the nearest of kin have left, be it is small or large - a determined share. (4:7)

In another narration of the hadith from him it has been said that the 'verse of inheritance' has abrogated the making of will in the name of those who have a fixed share in the inheritance, while the injunction to make a will in favour of those relatives who do not have a share in the inheritance still holds good. (Jasss, Qurtubi)

It should, however, be borne in mind that according to the consensus of the Muslim Ummah it is not obligatory on the dying person to necessarily make a will in favour of relatives who have no fixed shares in the inheritance. Therefore, the obligatory character of a wasiyyah in their favour is also abrogated (Jassas, Qurtubi). Now, making a will in favour of such relatives is only a desired (mustahabb) مستحب act, and that, too, is subject to their need.

Now the second injunction regarding the obligation of making a will also stands abrogated in accordance with the consensus of the Muslim ummah. It was abrogated by that famous hadith (al-hadith al-mutawatir الحدیث المتواتر : the veracity of which stands ensured through an uninterrupted chain of transmitters from many sides who are unlikely to agree on a lie) which was part of the sermon delivered before some one hundred and fifty thousand Companions on the occasion of his last Hajj when he said:

ان اللہ اعطی کل ذی حق حقہ فلاوصیۃ لوارث (اخرجہ الترمذی وقال حدیث حسن صحیح)

Allah has Himself given everyone, who has a right, his right. So, there is no will for any inheritor. (Tirmidhi)

The same hadith, as narrated by Sayyidna ibn ` Abbas ؓ ، has the following additional words:

لا وصیۃ الوارث الا ان تجیزہ الوارثۃ

There is no will for any inheritor unless all inheritors permit.

The essence of the hadith is that Allah Almighty has Himself fixed the shares of the inheritors, therefore, the executor need not make a will anymore, in fact, he does not even have the permission to make a will in favour of an heir; however, should other inheritors allow the enforcement of such a will, it will then be permissible.

Imam Al-Jassas (رح) says that this hadith has been reported from a group of the blessed Companions and the jurists of the Muslim community have accepted it unanimously, therefore, this is an uninterruptedly ensured hadith which makes the abrogation of the verse of the Qur'an permissible.

Imam Al-Qurtubi (رح) has said that the scholars of the Muslim community unanimously agree that an injunction which comes to us through the Holy Prophet صلى الله عليه وسلم and we know about it with full certitude, as is the case with mutawatir متواتر and mashhur مشھور reports, it will be at par with the injunction of the Holy Qur'an and will have to be taken as the command of Allah Almighty. Therefore, the abrogation of some verse of the Holy Qur'an from a hadith of this kind is no case for doubt. Although the hadith which invalidates a will in favour of an heir is a solitary report, (Al-Khabar al-Wahid), however, the fact that this hadith comes from the sermon of the last Hajj of the Holy Prophet g when he openly proclaimed this before the largest ever gathering of the blessed Companions, and then their consensus and the consensus of the Muslim community make it clear that this hadith is, according to them, absolutely proven, otherwise in the presence of the slightest doubt, they would have never abandoned the verse of the Qur'an and agreed to this abrogating command through the hadith.

The third injunction stills holds good with the unanimous approval of the Muslim ummah in which it is not permissible to bequeath more than one-third of what one leaves behind. However, should the inheritors allow the bequest of more than one third, even the whole of what one leaves behind, it shall be permissible.

Rulings

1. As stated earlier, now making a will is not necessary to cover relatives whose shares have been fixed by the Holy Qur'an. In fact, this is not permissible without the permission of other inheritors. However, relatives who do not hold a legal share in the inheritance can be bequeathed upto one third of the total.

2. In this verse a particular will was mentioned which was to be made by a dying person about what he left behind. This stands abrogated. But, making a will is still necessary, specially for a person who owes to others or holds something in trust. He should make sure that these are taken care of in his will. The Holy Prophet صلى الله عليه وسلم has said in a hadith that a person who has some rights of other people due against him, then, he should not let three nights pass on him by which he does not have his written will with him.

3. As for the right to make a will covering the one-third of his property, one has the right to make some change in this will or cancel it totally during his life time. Verse:181 Commentary - - - Verse:182 Commentary - - -