Verse:183 Commentary Commentary

Literally, Sawm صوم means to abstain'. In the terminology of Islamic law, Sawm صوم means 'to abstain from eating, drinking and sexual inter-course; with the conditions that one abstains continuously from dawn to sunset and that there is an intention to fast'. Therefore, should one eat or drink anything even a minute before sunset, the fast will not be valid. Similarly, if one abstained from all these things throughout the day but made no intention to fast, there will be no fast here too.

Sawm or 'fasting' is an ` ibadah, an act of worship in Islam, regarded as its pillar and sign. The merits of fasting are too numerous to be taken up at this point.

Past communities and the injunction to fast

The verse makes it obligatory for the Muslims to fast in a specified period, but the command in this respect has been accompanied by the statement that the obligation of fasting is not peculiar to them. The fasting had also been enjoined upon the earlier Ummahs (communities of the past prophets). The reference to the earlier Ummahs in the verse shows the importance of fasting on the one hand, and gives an encouragement to the Muslims on the other. It indicates that although there may be some inconvenience in fasting but the same inconvenience was also faced by the earlier communities. This brings a psycho-logical comfort to the Muslims, because if an inconvenience is faced by a large number of people, it becomes easier to bear. (Rub al-Ma` am)

The words of the Qur'an, لَّذِينَ مِن قَبْلِكُمْ (those before you) have been used in a general sense including all religious communities from Sayyidna Adam (علیہ السلام) to the last of the Prophets صلى الله عليه وسلم . This tells us that, like Salah, fasting has also been enjoined upon every .Ummah of every prophet without an exception.

Commentators who interpret مِن قَبْلِكُمْ (before you) to mean the Christians' take it just as an example, not aiming to exclude other communities. (Ruh al-Ma` ani)

The verse simply says that fasts have been enjoined on Muslims as were enjoined on past communities. From this it does not necessarily follow that the fasts enjoined upon the earlier communities were fully identical in all respects with the fasts enjoined upon this Ummah. There may have been differences in the number and the timings of the fasts etc. and, actually, there has been such a difference. (Ruh al Ma' ani)

By saying لَعَلَّكُمْ تَتَّقُونَ (so that you be God-fearing), the text has pointed out to the inherent quality of fasting which contributes significantly to one's ability to become abstaining from the sins and God-fearing. Fasting grows into man a power which helps him control his desires, which is really the foundation of Taqwa تقویٰ , the very special term of the Holy Qur'an which has been tentatively translated as fear of God, abstinence, and the warding of evil. Verse:184 Commentary Fasting When Sick

Verse 184 gives concession in the matter of fasting to a 'sick' person and to a person on journey'. The word 'sick' used here refers to a person who cannot fast without an unbearable hardship or has strong apprehension that his illness will be aggravated. The words "and (Allah) does not want hardship for you"occuring in the following verse (185) have a clear indication to this effect. This position is also accepted by the consensus of the Muslim jurists.

Fasting When In Travel

It will be noticed that while giving concession to a traveller, the Qur'anic text elects to use the phrase أَوْ عَلَىٰ سَفَرٍ‌ (or on a journey) rather than the word, musafir مسا افر or 'traveller'. This is to point out that leaving home and going out is not enough to claim the exemption. The duration of the travel should be somewhat longer since the expression, ` ala safarin عَلَىٰ سَفَرٍ‌ means that one should have 'embarked' on a journey which does not mean going five or ten miles away from home. But, the precise duration of this journey has not been mentioned in the words of the Holy Qur'an. Guided by the statement of the Holy Prophet صلى الله عليه وسلم and the subsequent practice of his blessed Companions, the great Imam, Abu Hanifah (رح) and many jurists have fixed this distance to be what can be covered in three days by walking in three daily stages. The later-day jurists have put it as 48 miles.

The other ruling that comes out from the same phrase, ` ala safarin عَلَىٰ سَفَر is that a traveller who leaves his home shall be entitled to having been exempted from fasting only upto the time his travel continues. It is obvious that stopping in between to rest or take care of something does not cut off his onward travel in the absolute sense, unless his stay be for a considerable period of time. This very considerable period of time has been set at fifteen days following a statement of the Holy Prophet صلى الله عليه وسلم . Anyone who intends to stay at a given place for fifteen days shall not come under the umbrella of ` ala safarin, therefore, he shall not be deserving of the leave granted to one on 'a journey'.

Ruling. Right from here comes the ruling that anyone who intends to stay out for fifteen days, not at one place but at different places and towns, he shall continue to remain in the status of a 'traveller' and thereby shall continue to enjoy the concession of being 'on a journey' because he is in the state of ` ala safarin.

Making Qada' قضاء of the missed fast

The words of the text, فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ literally translated as 'then, a number from other days' mean that a sick person or a traveller is obligated to fast during other days making the number match the number of days he could not fast. The purpose is to tell people that fasts abandoned because of the compulsion of sickness or journey must be replaced by making qada قضاء ' of them. Rather than using a simple statement to the effect that 'their replacement is on them', the Qur'anic text has said. فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ which suggests that a sick person or a traveller will have to make qada' only when the sick person becomes healthy and the traveller returns home and gets to live on for the number of days he is required to replace the fasts he missed. So, one who dies before this happens, qada قضاء ' of fasts will not remain obligatory on him, nor will he be required to make a will for the payment of ransom (Fidyah فدیہ).

Ruling. In the Qur'anic provision, 'a number from other days', there is no restriction on qada قضاء 'fasts, they could be seriatim or random; the choice is open. Therefore, a person who has missed his fasts for the first ten days of Ramadan, could first fast in lieu of his tenth or ninth fast of Ramadan and replace the earlier ones missed later on; this brings no harm. Similarly, one can fast with gaps at his convenience which would be quite permissible since the wordings of the Qur'an in فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ (then, a number from other days) leave the possibility open.

The Fidyah or Ransom for a Missed Fast

The verse وَعَلَى الَّذِينَ يُطِيقُونَهُ means that those who have the strength to fast and are not restricted by sickness or travel, but do not wish to do it for some reason, they have the option of paying, in lieu of a fast, ransom in the form of charity. However, along with this leave, it was simply added: 'And that you fast that is better for you'.

This injunction was valid in the early days of Islam when the purpose was to familiarize people to fasting. In the verse that follows, that is, فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ‌ (so, those of you who witness the month must fast therein), this injunction was abrogated for normal people. However, according to the consensus of the Ummah, it remained applicable to the people of very old age and to those who suffer from a permanent illness with no hope of recovery (Jassas and Mazhari).

All Imams of Hadith, such as, al-Bukhari, Muslim, Abu Dawud, al-Nasa'i, al-Tirmidhi, al-Tabarani and others have reported from the blessed Companion Salma ibn Akwa': When the verse, وَعَلَى الَّذِينَ يُطِيقُونَهُ (and on those who have the strength) was revealed, we were given the choice of either fasting or paying fidyah for each fast. However, when the other verse, فَمَن شَهِدَ مِنكُمُ الشَّهْرَ‌ فَلْيَصُمْهُ (those of you who witness the month must fast therein), was revealed, this choice was withdrawn and fasting alone became necessary for those who had the strength.

A long hadith from the blessed Companion, Mu` adh ibn Jabal ؓ reported in the Musnad of Ahmad describes three changes that came in Salah نماز during the early period of Islam, as well as, three changes in Sawm صوم . The three changes brought in the injunctions of fasting are as follows:

When the Holy Prophet came to Madinah, he used to fast for three days in a month, and on the tenth of Muharram. Then the command to observe fasts in the month of Ramadan was revealed. Under the verse كُتِبَ عَلَيْكُمُ الصِّيَامُ (the fasts have been enjoined upon you), there was an option either to fast or to pay ransom, with a preference given to fasting. Then, Allah Almighty revealed the other verse, (those of you who witness the month must fast therein), which took away the option given to those who had the strength, and ordained fasting as the only alternative. However, the command remained valid for the very old who could pay ransom for fasts they missed.

After these two changes, there was a third change. In the beginning, the permission to eat, drink and have marital intimacy after اِفطار iftar was valid only if one did not sleep after breaking his fast Sleeping was taken to be an indicator of the beginning of the next fast in which, naturally, eating and drinking and marital intimacy are prohibited. Then, Allah Almighty revealed the verse, أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّ‌فَثُ إِلَىٰ نِسَائِكُمْ (It is made lawful for you, in the nights of fast, to have sex with your women), which made it permissible to eat, drink and have sex during the night until the break of dawn. The eating of suhur سُحُر or sahri سَحری soon after getting up in the early hours of dawn was declared to be the sunnah. This is corroborated by ahadith in al-Bukhari, Muslim and AbU Dawud. (Ibn Kathir)

The amount of Ransom and other rulings

The ransom of one missed fast is half sa` of wheat, or its cost. Half sa` is equivalent to approximately 1.632 kilograms. After finding out the correct market price of wheat, the amount should be given to a poor person which will be the ransom of one missed fast. It should be borne in mind that this amount should not be given as part of wages given to those engaged in the service of a mosque or madrasah مدرسہ .

Ruling 1. The amount of ransom for one fast should not be distributed between two recipients. Similarly, it is not correct to give the ransom amount for several fasts to one person on a single date. Although, some scholars permit this, yet, as a matter of precaution, it is better not to give the ransom amount of several fasts to one person on one single date. However, if someone does not observe this precaution, the ransom may be treated as valid. (See Shmi, Bayan al-Qur'an, Imdad al-Fatawa)

Ruling 2. Should someone be in a position that he cannot even pay the ransom due, he should simply seek forgiveness from Allah through istighfar اِستِغفار and have an intention in his heart that he would pay it when he can. (Bayan al-Qur'an) Verse:185 Commentary The merits of the month of Ramadan

The present verse is an extension of the previous brief verse and also an assertion of the great merit the month of Ramadan holds in its fold. This is an extension because the expression أَيَّامًا مَّعْدُودَاتٍ (Days few in number) in Verse 184 is a bit vague and which has been explained out in the present verse by saying that those counted number of days mean the days of the month of Ramadan. As far as the merit of this month is concerned, it has been said that Allah Almighty has chosen this month to reveal Scriptures. Consequently, the Holy Qur'an was revealed in this very month. According to a narration from the blessed Companion Wathilah ibn Asga' appearing in the Musnad of Ahmad, the Holy Prophet صلى الله عليه وسلم said that Abrahamic scriptures were revealed on the first of Ramadan, the Torah on the sixth, the Evangel on the thirteenth and the Qur'an on the twenty fourth of Ramadan. In another narration from the blessed Companion Sayyidna Jabir ؓ ، it appears that Zabur (the Book of Psalms) was revealed on the twelfth of Ramadan and the Evangel on the eighteenth. (Ibn Kathir)

All previous Books mentioned in the hadith cited above were revealed on dates given in their entirety. It is a peculiarity of the Holy Qur'an that it was sent from the Preserved Tablet down to the Firmament of the Earth in one night of the month of Ramadan, all of it. But, it was revealed to the Holy Prophet صلى الله عليه وسلم gradually during a period of twenty three years.

The night of Ramadan when the Qur'an was revealed was the Night of Power as mentioned by the Qur'an itself when it said: إِنَّا أَنزَلْنَاهُ فِي لَيْلَةِ الْقَدْرِ‌ (We have revealed it in the Laylatul 'Qadr, the Night of Power). The hadith cited above places it on the twenty fourth of Ramadan and according to Sayyidna Hasan, the Night of Power falls on the night of twenty fourth which aligns this hadith with the statement of the Qur'an. Should this alignment be unacceptable, the fact remains that the statement of the Qur'an is above everything else, in which case, whatever night is the Night of Power that shall be regarded to be what the Qur'an intends.

The next sentence مَن شَهِدَ مِنكُمُ الشَّهْرَ‌ فَلْيَصُمْهُ ' (those of you who witness the month must fast therein) carries many pointers to injunctions relating to fasting. The word, shahida is derived from shuhud شُهود which means presence. The word, al-shahr الشَّهْرَ‌means the month. It denotes the month of Ramadan here which has been identified above. The sentence, therefore, means that it is obligatory for one who is 'present' in the month of Ramadan that he fasts throughout that month. The general choice of paying ransom for not fasting, mentioned in the previous verse, was cancelled by this sentence and fasting is now the only alternative in force.

As for the 'witnessing' of the month or being 'present' in the month of Ramadan, it simply means that a person finds the blessed month of Ramadan with ability to fast. In other words, he or she should be a Muslim, sane, pubert, resident and well-purified from all impurities including those of menstruation and childbed. Therefore, the persons who lacked the initial ability to fast throughout the month, such as, the disbelievers, the minor, the insane, they are not subject to the obligation of fasting, because the verse obligating the fasts did not intend them. As for those who did have the personal ability but were compelled at some time by a legally acceptable excuse, such as, a woman in menstruation or childbed, or a sick person or one on a journey, these have, in a way, found the month of Ramadan in a state of ability, therefore, the injunction in the verse applies to them. However, because of temporal compulsion, relief from fasting has been granted at that particular time, but qada' قضاء will be necessary later on.

Rulings

1. The verse tells us that fasts of Ramadan become obligatory only on the condition that one finds the month of Ramadan in a state of ability to fulfill the obligation. Therefore, anyone who 'finds' the whole of Ramadan will come under obligation to fast during the entire month of Ramadan. Anyone who 'finds' somewhat less of it, he will fast for the number of days he finds in Ramadan. So, should a disbeliever embrace Islam in the middle of Ramadan, or a minor becomes pubert, they will have to fast from that point onwards; they will not do gada' قضاء fasts for the previous days of Ramadan. However, the insane person, being a Muslim adult, does have the personal ability to observe fasts;

so, should he regain his sanity during any part of Ramadan, he shall become obligated to do qada' قضاء fasts for the previous days of Ramadan. Similarly, should a woman in menstruation or childbed become purified in the middle of Ramadan, or a sick person becomes healthy, or a traveller becomes a resident, qada قضاء fasts for the previous days of Ramadan will become obligatory on them.

2. How does one 'find' or 'witness' the month of Ramadan? According to Islamic law, it is proved in either of the three ways:

a) One gets to have a sighting of the Ramadan moon with his own eyes.

b) The sighting of the moon is proved through some trustworthy witness.

c) In the absence of the two conditions cited above, thirty days of the month of Sha'ban will be completed following which the month of Ramadan will set in.

3. If, on the eve of the twenty ninth of Sha` ban, the new moon is not visible on the horizon because of clouds or bad weather conditions, and at the same time, there comes no witness of moon-sighting as admissible under Islamic law, the next day will be known as the 'day of doubt' یوم الشک (yawm al-shakk) because the possibility exists that the moon may have really been there on the horizon but could not become visible due to unclear horizon as it is also possible that the moon was just not there on the horizon. On such a day, since 'the presence of the month' or the 'finding of Ramadan' or being a 'witness' to it does not apply, therefore, fasting for that day is not obligatory, instead, it is makruh مکروہ (reprehensible) to fast on that day. It has been forbidden in the hadith so that fard فرض and nafl نفل ، (the obligatory and the supererogatory) do not get mixed up with each other (Jasss).

4. In countries where days and nights extend over months, the 'finding of Ramadan' does not, obviously, seem to apply. The situation would require that people living there should not fast. As far as Salah is concerned, al-Huluwani and al-Qabali from among the Hanafi jurists have ruled that such people will be bound to observe Salah in accordance with the timings of their own day and night. For instance, in a country where dawn follows immediately after maghrib, there the Salah of ` Isha' will just not be obligatory. (shami) This makes it necessary that in an area where the day lasts for six months, people would have only five Salahs in six months and, for that matter, they will witness no Ramadan coming there, therefore, fasting will not become obligatory for them. Maulana Ashraf ` Ali-Thanavi (رح) has, in Imdad al-Fatawa, taken this very position.

Note:

In the sentence وَمَن كَانَ مَرِ‌يضًا أَوْ عَلَىٰ سَفَرٍ‌ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَر (should anyone be sick, or on a journey, then, a number from other days), the sick and the travelling have been granted leave that they may not fast at that time. When the sick person regains his health and the traveller returns home, they can make up for the days they missed by doing qada' قضاء fasts. It will be recalled that this injunction had appeared in the previous verse, but now that the choice of paying fidyah (ransom) for not fasting has been cancelled, a doubt could creep up in relation to the concession granted to the sick and the travelling, that it may have been abrogated as well, therefore, the provision was positively repeated. Verse:186 Commentary Allah is near His servants

Injunctions and merits concerning fasting and Ramadan were mentioned in three previous verses. This strain continues even after the present verse when details of fasting and I` tikaf اعتکاف appear in a long verse. In between, this brief verse has been introduced to persuade servants of Allah to obey the commands of Allah by recognizing how He, in His special grace, hears and answers their prayers. There is no doubt about fasting being a difficult obligation despite many concessions and permissions. It is to make the trial bearable that special grace has been mentioned إِنِّي قَرِ‌يبٌ '1 am near My servants. When they pray, I answer their prayers and take care of what they need.'

Under these conditions, it is befitting that servants of Allah should bear by hardships that come during the performance of given injunctions. Ibn Kathir has pointed out to another wisdom behind this sentence appearing in the middle of injunctions of fasting. According to him, this verse gives a hint that a prayer (دعاء : du'a) made at the completion of a fast is accepted, therefore, one should be very particular about making prayers at that time. The Holy Prophet صلى الله عليه وسلم has said:

للصایٔم عند فطرہ دعوۃ مستجابۃ

The prayer made by one who is fasting at the time of his iftar is accepted.

This is why the blessed Companion, ` Abdullah ibn ` Urnar ؓ would assemble his family members around him at the time of iftar and would pray.

Ruling

By saying إِنِّي قَرِ‌يبٌ (I am near) in this verse, it has been hinted that prayer should be made slowly and quietly; to raise voice while praying is not desirable. This is confirmed by the background in which this verse was revealed. According to Ibn Kathir, a visitor from a village asked the Holy Prophet صلى الله عليه وسلم : "Tell me if our Lord is near us, then we shall pray in a lowered voice; and if He is far, we shall call Him with raised voices." Thereupon, this verse was revealed. Verse:187 Commentary Explained here in this verse are the remaining injunctions of fasting including the injunction relating to I` tikaf اعتکاف .

Commentary

The opening words of the verse, أُحِلَّ لَكُمْ (uhilla lakum: 'It is made lawful for you' ) tell us that the act made lawful through this verse was unlawful before. According to a narration by the blessed Companion, Bar-a' ibn ` Azib براء بن عازب appearing in Sahib al-Bukhari, in the early days when the fasts of Ramadan were made obligatory, the permission to eat, drink and have marital intimacy with wives was subjected to the condition that one does not sleep after breaking of the fast. So, as the practice was, a post-iftar nap rendered all these conveniences unlawful. Some Companions ran into difficulties due to this restriction. The blessed Companion, Qays ibn Sarma al-Ansari قہس بن سرما انصاری is reported to have reached home after a hard day's labour. The time of iftar was near and there was nothing to eat. His wife said that she would go out and somehow get him something to eat. When she returned she found her husband asleep, obviously because he was so tired from his day-long work. Now, when he got up, eating had become unlawful. He went on to fast for the next day in the same condition with the result that by afternoon, he fainted (ibn Kathir). Similarly, some Companions, may Allah be pleased with them, were embarrassed getting involved in marital relations with their wives after they had taken a post-iftar nap. It was after such happenings that the present verse was revealed in which the first rule was cancelled and permission was given to eat, drink and have marital relations, even if this was after getting up from the post-iftar nap. In fact, the permission was extended much further when the eating of suhur or sehri towards the fag??? ماکھن end of the night, after getting up from the night's sleep, was declared to be a sunnah. This has been clearly stated in Hadith narrations. The present verse outlines this very injunction.

The literal meaning of the Qur'anic word رَفَث (rafath) is, no doubt, general and covers everything a husband suggests, says or does in making his wife consent to his desire, but there is a total agreement of the Muslim Ummah that, at this place, it means sexual intercourse.

It is important to bear in mind that the order or rule which has been abrogated by this verse, that is, the unlawfulness of eating and drinking after having taken a nap, has not appeared in the text of the Holy Qur'an anywhere. The noble Companions acted in accordance with this rule as set by the Holy Prophet صلى الله عليه وسلم (as narrated by Ahmad in his Musnad). This rule is abrogated by the verse only after giving it the authenticity of a divine command. In other words, the verse first establishes the rule in force as the divine command and then, it was for the sake of convenience that it was abrogated. From here we find out that some rules provenly set proven by the Sunnah can also be abrogated through the Qur'an. So, in the Islamic law, the decision of the Messenger صلى الله عليه وسلم of Allah has the same authority as the injunction of the Holy Qur'an.

Eating Sahri:

The correct time when fasting begins and all eating and drinking turns unlawful has been fixed through a delicate similitude in the verse حَتَّىٰ يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ ('until the white thread of the dawn becomes distinct from the black thread' ). Here, the darkness of the night has been likened to the black thread and the light of the dawn to the white thread. In order to eliminate the chances of extremism, the qualifier حَتَّىٰ يَتَبَيَّنَ (becomes distinct) was added which means that one should not act like the chronically skeptical to believe all eating and drinking to be unlawful earlier than the break of dawn, nor should one become so heedless as to go on eating and drinking even after having become certain of the light of dawn. In fact, the certainty of the break of dawn is the line of demarcation between eating and drinking and the intended fast. Before one arrives at this certainty, it is not correct to take eating and drinking as haram حرام . Similarly, after the certainty, any indulgence in eating and drinking shall be haram حرام ، and is a source which may lead to the spoiling of the fast, even if it exceeds the limit for a minute. The latitude and leeway allowed in eating suhur remains valid only upto the time one is not certain of the break of dawn. Particular incidents of this nature attributed to some blessed Companions have been reported when they continued eating and drinking well past the break of dawn. This was because they were not yet 'certain' of the dawn and refused to listen to those who favoured to stop much earlier.

In a hadith, the Holy Prophet g is reported to have said: 'The adhan اذان of Bilal ؓ should not stop you from eating suhur because he calls the adhan اذان well ahead in the night. Therefore, you continue eating and drinking, even after having heard Bilal's adhan اذان ، until such time that you hear the adhan اذان called by Ibn Umm Maktum because he calls the adhan اذان precisely at the break of dawn' (Bukhari and Muslim).

Because of the partial reporting of this hadith, some contemporaries misunderstood its provision when they suggested that there is no harm if eating and drinking is continued for a little while even after the adhan اذان of Fajr فجر and consequently, made it permissible for a person, who woke up late while the adhan اذان of Fajr فجر was being called, that he can hasten to eat something. The fact is that the hadith quoted above has very clearly said that it was necessary to stop eating or drinking with the adhan اذان of Ibn Umm Maktum ؓ which was called precisely at the break of dawn. In addition to that, the Holy Qur'an has itself established the deadline which is the 'certainty' of the break of dawn. Giving people the permission to eat and drink even one minute beyond that is a contravention of the textual imperative of the Holy Qur'an. As for the narrations reported from the noble Companions and early elders of the community regarding the subject of convenience in iftar and suhur, these can be explained, keeping the text of the Holy Qur'an in view, by saying that they aim to avoid excessive precautionary self-restriction well before one becomes certain of the break of dawn. Imam Ibn Kathir (رح) has also explained these narrations as based on the factor mentioned above. Otherwise, how could even a common Muslim tolerate an open contravention of the Qur'anic command? One could not even dream of something like this coming from the blessed Companions, specially so, when the Holy Qur'an has right here at the end of this verse, emphasized special precaution in this respect. Notice how فَلَا تَقْرَ‌بُوهَا (so, do not go near them) has been added to تِلْكَ حُدُودُ اللَّـهِ (These are the limits set by Allah) which explains the point made earlier.

Ruling:

All that has been said here is about people who are at a place from where they could see the break of the dawn with their own eyes and thus become 'certain' of it, moreover, if they have the additional advantage of a clear horizon and the personal ability to recognize the initial light of the dawn, then, it is necessary that they should act directly by looking at the horizon. Where the case is other than this, for example, the horizon is not in open view, or it is not clear, or one does not know how to identify the break of dawn, people determine its time by other signs or calculations. Obviously, for them there will be a time when the certain break of dawn would not be that certain. If it remains doubtful, what should people do then? Imam al-Jassas (رح) ، in his Ahkam al-Qur'an, has answered this question by saying that, in a condition such as this, it will be desirable not to go ahead and eat or drink with considered volition, but, should anyone eat or drink something in a state of doubt, well ahead of becoming certain of the break of dawn, he will not be a sinner. However, should it prove later that dawn had set in at that time, keeping a fast as qada' قضاء will become necessary. For instance, if moon is not sighted on the eve of Ramadan Observe the limits of and people do not fast, but the sighting of the new moon on the 29th was proved later on through witnesses, then, in that case, those who did not fast that day under the impression that it was the 30th of Sha` ban did not become sinners thereby, however, the qada' قضاء of that particular fast will become due on them, a position on which there is a unanimous agreement of the community. Similarly, if someone breaks his fast close to sunset on a cloudy day and the sun turns out to be still there on the horizon later on, then such a person, for that matter, will not be a sinner but he has to do the necessary qada' قضاء for the spoiled fast.

The explanation given by Imam al-Jassas (رح) makes it clear that one who wakes up late and the usual calls of adhan اذان were being made, which necessarily makes it certain that dawn has appeared, then if such a person eats anything knowingly, he will not only be a sinner but also be bound to do gads' قضاء . If he eats in a state of doubt, the sin will be committed but qada' قضاء will still be due with the added factor of reprehensibility in a certain degree.

The worship of I` tikaf

Literally, I` tikaf اعتکاف means to stay at some place in seclusion. In the terminology of the Qur'an and Sunnah, I` tikaf is the act of staying in a mosque under particular conditions. The universality of the word فِي الْمَسَاجِدِ ('in mosques' ) proves that I` tikaf اعتکاف can be performed in every masjid (mosque). The juristic condition that I` tikaf اعتکاف can be done only in a masjid where congregational prayers are regularly held and that I` tikaf اعتکاف is not correct in a desolate masjid where congregational prayers are not held, is really a derivation from the very sense of a masjid since Salah with jams ah (prayer in congregation) is the main purpose of making a masjid, otherwise, individual Salah can be offered in a house, a shop, anywhere.

Ruling

That eating, drinking and marital intimacy are all lawful in the night of fasts has been stated earlier in the verse. In the state of I` tikaf اعتکاف ، the permission to eat and drink in the night remains the same as it is for everybody else, but it is different when it comes to intimacy with women which is not permissible in the state of I` tikaf, not even in the night. Therefore, the verse gives the necessary injunction in this connection. The rules of I` tikaf اعتکاف ، such as, doing I'tikdf اعتکاف while fasting and not coming out of the masjid without pressing needs recognized by Islamic law, are partly derived from the very word of I` tikaf اعتکاف and partly from the sayings and acts of the Holy Prophet صلى الله عليه وسلم .

Observe the limits of Allah

Towards the end of the verse, by saying تِلْكَ حُدُودُ اللَّـهِ فَلَا تَقْرَ‌بُوهَا ('These are the limits set by Allah, so do not go near them' ), it has been hinted that the forbiddance of eating, drinking and marital intimacy while fasting are the limits set by Allah. One should not even go near them because, if you go near them, you may cross those limits. This is why overindulgence in gargling while fasting is makruh مکروہ (reprehensible) as it holds the danger of water slipping into the throat; also makruh مکروہ is the use of some medicine inside the mouth; again, equally makruh مکروہ is the kissing and hugging of one's wife. Similarly, it is better to stop eating and drinking a couple of minutes ahead of the time allowed for sahri or suhur just as a matter of precaution, and also, delaying the if-tar a couple of minutes. Becoming heedless and ease-prone in these matters is against this command from Allah. Verse:188 Commentary Previous verses dealt with injunctions relating to fasting in which the use of lawful things has been forbidden during a fixed period and fixed timings. Now in this verse, the acquisition and use of Haram or unlawful wealth or property has been forbidden. This has a thematic congruity since the real purpose behind fasting, an act of worship, is nothing but to make man get used to abstaining from what is lawful for him. If he can do that, there is every likelihood that abstaining from what is totally unlawful will become all the more easier for him. There is yet another correspondence here. It is necessary that one must make an effort to break his or her fast with what is halal. Anyone who goes through the rigours of fasting throughout the day but ends up breaking his fast in the evening with what is Haram shall only find his fast unacceptable in the sight of Allah.

Commentary

This verse forbids the acquisition and use of wealth and property by unlawful means. It will be recalled that the acquisition and use of things by lawful means has been stressed upon in Verse 168 of Sarah al-Baqarah as follows:

يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الْأَرْ‌ضِ حَلَالًا طَيِّبًا وَلَا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ ۚ إِنَّهُ لَكُمْ عَدُوٌّ مُّبِينٌ ﴿168﴾

O mankind, eat from whatever is on earth [ that is ] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.

Again, the same command appears in Surah al-Nahl:

فَكُلُوا مِمَّا رَ‌زَقَكُمُ اللَّـهُ حَلَالًا طَيِّبًا وَاشْكُرُ‌وا نِعْمَتَ اللَّـهِ إِن كُنتُمْ إِيَّاهُ تَعْبُدُونَ ﴿114﴾

So, eat from what Allah has provided for you, permissible and good, and be grateful for the blessing of Allah, if it is Him you worship. (16:114)

The criterion of good and evil in earning

The whole world agrees that money and materials are needed and that life depends on them. So does it agree that there are favoured and permissible ways of acquiring them and there are undesirable and forbidden ways as well. Virtually the whole world looks down upon theft, robbery, and fraud, but people do not generally have some sound criterion to determine if these means are permissible or impermissible, may be this is just not possible since it relates to the well-being of the peoples of the entire world and affects humanity as such. Therefore, a universal criterion, sound and reasonable, can only come from the Lord-Creator of all the worlds through the medium of revelation. Otherwise, if human beings were themselves given the choice of forging their own criterion, naturally, those who give it a legal framework will think more about their nation, country or community and, as customary, this would be different from what would be thought about other nations and countries. Even if this exercise was done through an international body representing the whole world, that too, as experience shows, cannot satisfy all human beings. As a result, there will be legal injustice ending up in nothing but wars and chaos.

The virtues of the Islamic economic system

The Law of the permissible and the forbidden enforced by the Shari'ah of Islam comes clearly through divine revelation, or is derived from it. That law - reasonable, natural and comprehensive - is the only law that can work for every nation, country and community and could be the much wanted guarantee of peace. The reason is that everything of common utility has been left as such under this divine law, specially things to which all human beings claim equal rights, such as, the air, water, vegetation, heat, un-owned forests and the produce of uninhabited mountain growth. These are the commonly shared property of all human beings; it is not permissible for anyone to take these over as an owner.

Then there are things which, if shared, would disturb human society, or generate conflict and violence. For these the law of private ownership is promulgated. The law that governs the initial ownership of a land or its produce is different from the law of the transfer of ownership. The law has been so formulated that no human being shall be left deprived of the necessities of life, of course, on condition that he puts in his effort to acquire these. Special attention has been given to the consideration that no man usurps the rights of others, or brings loss to them, and thereby, concentrates capital in the hands of a few individuals. Under the law of the transfer of ownership - whether it is in accordance with the divine injunctions relating to post-death inheritance or takes effect through buying and selling as agreed upon by parties concerned - it was made binding that there should be absolutely no fraud or deception in the transaction and also, there should remain no such ambiguity or insufficiency which might lead to mutual bickering and dispute in the future.

Also taken into consideration is the factor of consent in transactions. It has to be made sure that the consent given by parties concerned is genuine and that such consent has not been extracted under pressure. In Islamic law, all transactions known as void, invalid or sinful have some defect inherent in the deal. At places, it could be plain fraud, at others, a return for some unknown thing or act. On occasions, someone's rights are usurped or self-interest is promoted by bringing loss upon others, or the rights of the general public are illegally disposed off. A very important reason why interest, gambling and their likes have been prohibited is that they are harmful to public interest. As a result of their evil presence in a society, some individuals get to grow as parasites while the whole community is thrown into poverty. Even if such transactions were to be carried out by a mutual consent of the parties involved, such transactions shall not be permissible because they are nothing but a formalized crime against the whole community. The present verse covers all such impermissible situations and aspects. It is interesting to note that the Holy Qur'an uses the word' أَمْوَالَكُم : (amwalakum) in وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم ، translated as 'and do not eat up each other's property by false means' which basically means 'your property'. This expression has a subtle indication to the fact that those who encroach upon the property of others must think that the other person would also have the same sort of love and concern for his property as the encroacher has for his own. If the defendant was to encroach upon the offender's property unlawfully, he would certainly be hurt.

In addition to this, the verse may be releasing yet another suggestion. When someone encroaches upon the property of someone else, and if everybody else started doing this as common practice, the natural consequence would be that others would encroach upon his property, giving him what he gave to others. Looked at from this angle, encroaching upon someone's property unlawfully is really an invitation to others to come and encroach upon the encroacher's property, equally unlawfully. For a moment, imagine what would happen to a society where the cult of adulteration in articles of daily use becomes a common practice. There will be a dealer, who earns a little more by adulterating butter with cheaper oil or fat, who will then go to a milk shop and the milkman will give him milk adulterated with water. If he needs spices, these will be adulterated. The same experience will be repeated when he goes to buy medicines. So, one person earns more by adulteration while the other person takes that extra earning out of his pocket and the third person does the same to the second and the vicious circle goes on and on add nauseas nausea. Makhan38The adulterer feels good about what extra he puts in his coffers but he never looks at the hole under it for he keeps nothing of that extra in reality. Therefore, anyone who snatches the other person's money or property by false means, in fact, opens the door to the unlawful plundering of his money and property.

In relation to this verse, there is yet another point one should bear in mind. The words of this divine injunction are general: And do not eat up each other's property by false means'. This includes the usurping of someone's property, and theft, and robbery, through which money or property belonging to someone is taken away by force. Then, there is interest, gambling, bribery and all defective sales and transactions which are also impermissible under the dictates of the Islamic law, even though, there be the certitude of consent given by concerned parties. Again, any money or property acquired through lying or a false oath, or earnings which have been prohibited by Islamic law, even though one has personally sweated out to earn it, are all haram, unlawful and false. Though the words of the Qur'an forbid 'eating' quite clearly, but the drive of the meaning here is not restricted to 'eating' as such, instead, it means 'using' in the absolute sense; it could be by eating, drinking, wearing or by any other mode of use. Metaphorically, all such uses are covered under the expression 'to eat,' for instance, A ate up the property of B, which is only a manner of saying, even though all that may not be what can be 'eaten'.

The Background of Revelation

This verse was revealed in the background of a particular event which relates to a land dispute between two of the noble Companions. The case came up for hearing in the court of the Holy Prophet صلى الله عليه وسلم . The plaintiff had no witnesses. The Holy Prophet صلى الله عليه وسلم asked the defendant to take an oath in accordance with Islamic legal norm. He was all set to take the oath when the Holy Prophet صلى الله عليه وسلم recited the following verse before him as a matter of good counsel:

إِنَّ الَّذِينَ يَشْتَرُ‌ونَ بِعَهْدِ اللَّـهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا أُولَـٰئِكَ لَا خَلَاقَ لَهُمْ فِي الْآخِرَ‌ةِ

Surely, those who take a small price out of the covenant of Allah and out of their oaths, for them there is no share in the Hereafter. (3:77)

When the Companion heard this verse which warns those who try to take over someone's property through a false oath, he abandoned his intention to take that oath and surrendered the land to the plaintiff. (Ruh al-Ma'ani)

So, this was the background under which this verse was revealed. To begin with, it forbids the acquiring of someone's property by unlawful means, then towards the later part, it warns against the filing of false cases, taking of false oaths and the giving or commission-ing of false witnesses. Forbidding all these, it has been said:

وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِ‌يقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ

which means: 'Do not take property cases to the authorities, so that through them, you eat up some portion of the property of the people sinfully while you do know that you have no right therein and you are simply putting up a false case.'

The words وَأَنتُمْ تَعْلَمُونَ (while you know) at the end of the verse tell us that a person, who claims something on the basis of misunderstanding and files a suit in the court to acquire it, will not be covered by this warning. In an event of this nature, the Holy Prophet has said:

انما انا بشر و انتم تختصمون الی و لعل بعضکم ان یکون الحن بحجتہ من بعض فاقضی لہ علی نحوما اسمع منہ فمن قضیت لہ بشٔی من حق اخیہ فلا یاخذنہ فانما اقطع لہ قطیۃ من النار (رواہ البخاری و مسلم عن ام سلمہ ؓ)

I am human and you bring your disputes to me. May be one of you is more eloquent with his case than the other and I decide in his favour on the basis of what I hear from him. So, should he get anything from what is the right of his brother, he should not take it because, in that case, I shall be alloting him a plot from Hell. (Bukhri and Muslim from Umm Salmah (رضی اللہ تعالیٰ عنہا

The Holy Prophet صلى الله عليه وسلم has made it clear in his saying quoted above that a Muslim judge may give a judgment under some misunderstanding in which the legal right of one party is being unlawfully given to the other, then, such a court judgment will not make the thing lawful for him. Also true is the converse, that is, it does not become un-lawful for one to whom it is lawful. In short, the judgment of a court does not make the lawful unlawful, or the unlawful lawful. If anyone succeeds in grabbing something belonging to somebody else through a court by means of fraud, false witness or oath, the curse of having done that will weigh heavy on his shoulders and he should, thinking of the ultimate accountability in the Hereafter and appearance in the court of Allah, the A11-knowing, the All-Aware, leave it off.

However, according to Imam Abu Hanifah (رح) ، if in transactions involving a contract or an annulment where the Qadi or judge have authority under Islamic law, the Qadi قاضی gives a judgment, even if it be on the basis of a false oath or witness, that judgment will render the contract or the annulment valid under the Islamic law. The rules of lawful and unlawful will stand imposed on it, although, the curse of lying and engineering false witnesses will hang round his neck.

Halal brings blessings; Haram produces evil:

There are several places in the Holy Qur'an where the abstention from the unlawful and the acquisition of the lawful has been stressed upon in many different ways. It has also been pointed out in a verse that human deeds and morals are enormously affected by eating what is lawful. If one does not eat and drink halal things, it is almost impossible to expect good moral and righteous deeds coming from that person. It was said in the Holy Qur'an:

يَا أَيُّهَا الرُّ‌سُلُ كُلُوا مِنَ الطَّيِّبَاتِ وَاعْمَلُوا صَالِحًا ۖ إِنِّي بِمَا تَعْمَلُونَ عَلِيمٌ ﴿51﴾

0 messengers, eat of the good things and be righteous in deeds. I am aware of what you do. (23:51)

In this verse, it will be noted that eating of the lawful has been combined with the command to do what is righteous. The hint is that righteous deeds can issue forth only when man eats and drinks what is lawful. The Holy Prophet has himself made it clear in a hadith that the address in this verse is, no doubt, to prophets, but this command is not restricted to them alone, instead, all Muslims are charged with it. Towards the end of this hadith, he also said that the prayer of a person who eats what is unlawful is not answered. The Holy Prophet a adds that there are many people who take great pains in their acts of worship, then raise their hands in prayer before Allah Almighty and say, '0 Lord, 0 Lord' but what they eat is haram حرام ، what they drink is haram حرام ، what they wear is haram حرام ، if so, how can this prayer of theirs be answered?

A great portion of the teachings of the Holy Prophet صلى الله عليه وسلم has been devoted to the great task of saving his ummah from the unlawful and calling it to the use of what is lawful. He said:

'One who ate halal حلال ، followed the sunnah and people were not hurt by him, he will go to Paradise.' The blessed Companions صلى الله عليه وسلم said, '0 Messenger of Allah, right now these things are common in your community. Most Muslims observe these strictly.' He said:' Yes! In future too, in every age, there will be people who shall abide by these rules.' (This hadith has been reported by Tirmidhi and he calls it sahih)

In another hadith, the Holy Prophet $ is reported to have said to the blessed Companion ` Abdullah ibn ` Umar:

There are four traits, if these are in you and you have nothing else in the world, they shall suffice you. Those four traits are: Guarding a trust, telling the truth, good morals and being particular in eating what is halal حلال .

The blessed Companion Sa'd ibn Abi Waqqas ؓ requested the Holy Prophet صلى الله عليه وسلم to pray for him so that he may become one of those whose prayers are accepted. He said:

O Sa'd سعد ، make what you eat permissible and pure, and you shall become one whose prayers are responded to. And by Him in Whose hands rests the life of Muhammad صلى الله عليه وسلم ، when the servant of Allah slips a morsel of what is Haram into his stomach, no deed of his is accepted for the next forty days. And a person whose flesh is made of unlawful acquisitions, for that flesh the fire of Hell is the only recipient.

The blessed Companion ` Abdullah ibn Masud ؓ reports that the.Holy Prophet صلى الله عليه وسلم said:

By him in whose hands rests my life, no servant of Allah becomes a Muslim unless his heart and tongue become Muslim and until his neighbours become secure from his distressing deeds. And when a servant acquires the unlawful and then gives it in charity, that is not accepted; and if he spends out of it, it stays deprived of blessings; and if he leaves it behind for his inheritors, it becomes his wherewithal for the trip to Hell. Surely, Allah Almighty does not help an evil wash off another evil, but He does help the washing away of an evil deed with a good deed.

The Questions; man must answer on the Day of Resurrection

The blessed Companion Mu` adh ibn Jabal ؓ reports that the Holy Prophet صلى الله عليه وسلم said:

ما تزال قدما عبد یوم القیامہ حتی یسال عن اربع عن عمرہ فیما افناہ و عن شبابہ فیما ابلاہ وعن مالہ من این اکتسبہ وفیما انفقہ وعن علمہ ماذا عمل فیہ (البیہقی۔ ترغیب)

No servant of Allah shall move a step on Doomsday unless he is made to answer four questions; firstly, about his life, in what did he spend it out; secondly, about his youth, in what did he consume it; thirdly, about his wealth, where from did he earn it and in what did he spend it; and fourthly, about his knowledge, how far did he act in line with it.' (Al-Bayhaqi, Targhib)

The blessed Companion, ` Abdullah ibn ` Umar ؓ reports that the Holy Prophet صلى الله عليه وسلم once gave a sermon in which he said:

O Emigrants, I seek the refuge of Allah Almighty against five traits of character lest they should grow into you: firstly, against immodesty, for when immodesty prevails in a people they are hit by plagues, epidemics and ever-new diseases not even heard of by their elders; and secondly, against cheating in weights and measures, for when this disease grips a people, they are hit by famine, price-hikes, rigorous labour and overwork and oppressive rulers; and thirdly, against nonpayment of Zakah زکوٰۃ ، for when people do not pay Zakah زکوٰۃ ، rains are stopped; and fourthly, against the religious apathy of people, for when a community breaks its covenant with Allah and His Messenger, then Allah Almighty makes alien enemies sit over them who snatch away what belongs to them without any justification; and fifthly, against the apathy of ruling authority, for when the rulers of a people fail to decide matters in accordance with the Book of Allah, because the injunctions revealed by Allah Almighty do not suit their fancies, then Allah Almighty causes mutual hatred and disputations descend upon them. (This narration has been reported by Ibn Majah, al-Bayhaqi and others and al-Hakim has called it 'Sahih' according to the standard set by Muslim.)

May Allah Almighty give us and all Muslims the most perfect ability to stay safe against such unfortunate happenings.