Verse:217 Commentary The injunction relating to fighting in the 'sacred' months:

The second of the three verses under comment here proves that fighting is forbidden in Rajab, Dhul-Qa'dah, Dhul-Hijjah and Muharram, the four 'sacred' months. In the same way, there are several verses of the Holy Qur'an where fighting has been very clearly forbid-den during the sacred months, for instance:' ذَٰلِكَ الدِّينُ الْقَيِّمُ ۚ فَلَا تَظْلِمُوا فِيهِنَّ أَنفُسَكُمْ :'Four of them are sacred. That is the right religion' (9:36). Then there is the saying of the Holy Prophet صلى الله عليه وسلم in the famous address of the Last Hajj: نھا اربعہ حُرم ثلات متوالیات و رجب مضر 'Four (months) from among them are sacred, out of which three are consecutive and the (fourth) is Rajab of Mudar'. These Qur'anic verses and hadith narrations prove that fighting is haram حرام prohibited in the four months mentioned and this forbiddance is good for ever.

In this connection, ` Ata ibn Abi Rabah, a leading early exponent of Qur'anic exegesis declared on oath that this injunction is there to stay forever. Several others among the respected Successors (Tabi'in) regard this injunction as provenly un-abrogated, but in accordance with the ruling of the majority of Muslim jurists as stated by al-Jassas, this injunction is one of the abrogated ones as maintained by a consensus of jurists and fighting is no more forbidden in any month.

Now comes the question as to which verse of the Holy Qur'an abrogates this injunction. Jurists have taken different positions in this respect. Some say the verse وَقَاتِلُوا الْمُشْرِ‌كِينَ كَافَّةً :'And fight the disbelievers, all of them' (9:36) abrogates it. Many others regard the verse فَاقْتُلُوا الْمُشْرِ‌كِينَ حَيْثُ وَجَدتُّمُوهُمْ :'Slay the disbelievers wherever you find them' (9:5) as its abrogator. They have taken the word: حَيْثُ here in the sense of 'anytime' meaning thereby that the disbelievers should be killed in whatever month or time they are found. Some have said that the abrogator of this injunction is the very conduct of the Holy Prophet صلى الله عليه وسلم since he himself besieged the city of Ta'if during the 'sacred months' and it was during the 'sacred months' that he sent the noble Companion ` Amir al-Ash'ari ؓ on the military expedition of Awtas اوطاس . On these grounds, Jurists in general, regard this injunction as abrogated, al-Jassas calls it وھو قول فقھاء الأنصار : 'This is what the majority of the jurists says'.

Ruh al-Ma` ani, under comments on this verse, and al-Baydawi, under the explanation of the first section of Surah al-Bara'ah have reported a consensus of the community on the abrogation of the forbiddance of fighting during the 'sacred months' (Bayan al-Qur'an).

However, al-Tafsir al-Mazhari answers all these arguments by saying that the sanctity of the 'sacred months' is clearly present in the verse known as Ayah al-sayf or the Verse of the Sword, that is :

إِنَّ عِدَّةَ الشُّهُورِ‌ عِندَ اللَّـهِ اثْنَا عَشَرَ‌ شَهْرً‌ا فِي كِتَابِ اللَّـهِ يَوْمَ خَلَقَ السَّمَاوَاتِ وَالْأَرْ‌ضَ مِنْهَا أَرْ‌بَعَةٌ حُرُ‌مٌ'

The number of months, with God, is twelve (mentioned) in the book of Allah, the day that he created the heavens and the earth; four of them are sacred' (9:36).

Of the verse relating to fighting, this verse was the last one to be revealed and the Address of the Last Hajj which was delivered only 80 days before the Holy Prophet صلى الله عليه وسلم passed away clearly indicates the sanctity of the 'sacred months'. For this reason, the verses quoted cannot be regarded as abrogative of this injunction. Moreover, the siege of Ta'if did not take place in the month of Dhul-Qa'dah. It was in Shawwal, therefore, this too cannot be regarded as its abrogator. But, it can certainly be conceded that the absolute forbiddance of fighting in the 'sacred months' which seems to reflect from the verse referred to holds an exception whereby it would become permissible for Muslims to defend themselves, or counter attack the aggressor if disbelievers themselves start the fighting during these months. This much, then, can be termed as abrogated, which finds a clarification in the verse الشَّهْرُ‌ الْحَرَ‌امُ بِالشَّهْرِ‌ الْحَرَ‌امِ : The holy month for the holy month' (2:194).

The gist of the discussion is that initiating a fight during these months is forbidden forever, but in the event that disbelievers mount an attack on Muslims, then Muslims are permitted to fight back in their defence. A1-Jassas has reported the narration of the blessed Companion Jabir ibn ` Abdullah ؓ who said that the Holy Prophet صلى الله عليه وسلم did not fight in any of the 'sacred months' until such time that the initial fighting was started by the disbelievers.

The evil consequences of Apostasy

Towards the end of the verse (217), it has been said that the act of turning into an apostate after having become a Muslim shall be dealt with under the injunction: حَبِطَتْ أَعْمَالُهُمْ فِي الدُّنْيَا وَالْآخِرَ‌ةِ that is, they shall be those whose deeds have gone waste in this world and in the Hereafter.

Here are some injunctions relating to the apostates:

1. Some examples of 'deeds going waste in this world' are that the wife of an apostate goes out of the bond of marriage; if a relative of an apostate dies as Muslim, he gets no share in the inheritance; all obligations such as prayers and fasting fulfilled in one's state of Islam are reduced to nothing; for such a person funeral prayers are not offered and he or she is not buried in the graveyard meant for Muslims. 'Deeds going waste in the Hereafter' means that one gets no reward for acts of worship and enters the Hell to stay there forever.

2. Should an apostate become a Muslim once again, at least this much is certain that he could hope to salvage himself away from Hell in the Hereafter, while during the remaining tenure of his life in the mortal world, the injunctions of Islam will be operative for him. But, there is a difference of opinion among jurists about what would happen to a person who has already done his Hajj - would it be obligatory on him, given the capability, to do it all over again, or would it not? Similarly, in the Hereafter, would the reward for his previous religious performances, such as prayers and fasting, revert back to him, or would they not? Imam Abu Hanifah (رح) says that it is obligatory on him to do his Hajj again and he does not subscribe to the opinion that he will be rewarded for his previous prayers and fasting while Imam Shafi` I شافعی (رح) differs on both issues.

3. For one who is basically a disbeliever, the position is that the reward for his good deeds in a state of disbelief is held in abeyance. If there comes the time when he embraces Islam, he gets a matching reward for all such deeds, but in the event that he dies an infidel, everything goes waste. The Hadith statement: اسلمت علی ما اسلفت من خیر : 'You have embraced Islam with all the good deeds which you have performed earlier' means just this.

4. In short, the fate of an apostate is worse than that of an original disbeliever. This is why Jizyah جزیہ can be accepted from an original disbeliever while a male apostate who does not return to Islam is killed. If the apostate is a woman, she is imprisoned for life. The reason is that their conduct insults Islam and the insult of such a binding authority deserves no less a punishment. Verse:218 Commentary - - - Verse:219 Commentary Commentary:

This verse forms part of the series of questions asked by the noble Companions. These are as they appear in this Surah along with the answers given. Here, the question is about wine and gambling which has been answered by Allah Almighty by pointing out that the use and practice of these two things breeds major sins while people may also get some benefits from them, but the sin they release is far too grave than the benefit they give, implying that both these are worth abandoning.

Since these two issues are very serious, they need a somewhat detailed inquiry into their nature and the injunctions relating to them.

The prohibition of wine, and related injunctions:

When Islam came, drinking was common practice as part of the general state of Jahili جاھلی customs. When the Holy Prophet صلى الله عليه وسلم emigrated to Madinah, people of that city were also accustomed to wine and gambling. Common people were infatuated with these in view of their obvious benefits. They had no idea of the evils inherent in these practices. However, it is the usual practice of Allah that there are, in every nation and in every country, sensible people who use reason to control their temperaments. They would not go near an emotional urge if it goes against the dictates of reason. In this regard, the station of the noble Prophet صلى الله عليه وسلم was way high, for he had a built-in distaste for things which were going to be declared haram حرام later on. Even among the blessed Companions ؓ there were some who had not touched wine during the days it was an open practice. It was after reaching Madinah al-Tayyibah that some Companions ؓ became deeply concerned about the evil effects of these two involvements. It was due to this concern that Sayyidna ` Umar al-Faruq and Mu` adh ibn Jabal ؓ along with some Ansari Companions presented themselves before the Holy Prophet صلى الله عليه وسلم and told him how wine and gambling not only spoil man's reason but also cause financial loss and sought his advice in this connection. It was in answer to their question that the present verse was revealed. This is the first verse in which the elementary step to stop Muslim from wine and gambling was taken.

What the verse says is clear from its translation, and its explanation which follows immediately. It may be added here that the word, 'Ithm إِثْمٌ ' or sin includes everything that may become a preliminary to sin. For instance, wine dulls senses and weakens the power of reason, something basic to human excellence. Human reason acts as a brake against human indulgence in evil deeds. Once reason is blocked out, the door is opened for all sorts of evil deeds.

It will be noted that drinking has not been clearly identified as something unlawful in this verse, but its evils has certainly been pointed out, which may lead man into many sinful activities. In a way, this takes the form of a good counsel urging man to abandon it. That is why, soon after the revelation of this verse, some noble Companions took this good counsel of the Holy Qur'an so seriously that they stopped drinking then and there. There were some others among them who thought that the verse, in fact, has not declared wine as Haram; it has, instead, identified it as a cause of sin in as much as it does lead to evils religiously undesirable, so, if they can manage to keep themselves immune from such evils, what harm could there be if they continued drinking? Consequently, so they did, until came a day when the blessed Companion, ` Abd al-Rahman ibn ` Awf invited some of his friends from among the noble Companions ؓ at his home. When dinner was over, everybody started drinking wine as usual. In the meantime, came the time for Maghrib salah. Everybody stood up for salah and selected one of them to lead the prayers. The Imam began his recitation from the Holy Qur'an, but drunk as he was, he recited the Surah al-Kafirun all wrong. Thereupon, the second step against drinking was taken and the following verse was revealed:

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَ‌بُوا الصَّلَاةَ وَأَنتُمْ سُكَارَ‌ىٰ

O those who believe, do not go near Salah when you are intoxicated. (4:43)

Here, drinking was declared to be absolutely unlawful at the time of the Salah. Other times remained open. Some of the noble Companions ؓ had totally stopped drinking following the revelation of the first verse deducing from it that something which stops one from Salah cannot hold any good at all. And now that Salah has been prohibited in a state of intoxication, one should keep his distance from that which deprives one from Salah. However, since wine was not forbidden clearly and explicitly during hours other than those of Salah, there were some who continued drinking during other hours until when there occurred yet another incident. This time it was the blessed Companion, ` Itban ibn Malik ؓ who invited some Companions ؓ ، Sa'd ibn Abi Waqqas ؓ being one of them. Once the dinner was over, wine was served in accordance with the custom. Then, turning to another customary Arab practice at that time, the intoxicated party started talking poetry and began reciting their respective accomplishments and excellences. The Companion Sa'd ibn Abi Waqqas ؓ recited a Qasidah49 poem in which he satirized the Ansar (helpers) of Madinah and eulogized his own tribal affinities. This made an Ansari young man angry and he hit Sa'd with a jaw-bone from a camel causing severe injury on his head. Sayyidna Sa'd came to the Holy Prophet صلى الله عليه وسلم and complained against that Ansari young man. At that time, the Holy Prophet صلى الله عليه وسلم raised his hands in prayer and said: الھم بین لنا فی الخمر بیانا شافیا that is, '0 Allah, give us a clear and conclusive guidance in the matter of wine'. Thereupon, the third verse regarding wine, that of Surah al-Ma'idah, was revealed with details declaring wine to be absolutely unlawful. The verse is as follows:

يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ‌ وَالْمَيْسِرُ‌ وَالْأَنصَابُ وَالْأَزْلَامُ رِ‌جْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ ﴿90﴾

O you who believe! wine and gambling and stone altars and drawing of lots with arrows are only an abomination, a work of Satan; so shun it, that haply you may prosper. (5:90)

The gradual forbiddance of wine

Being supreme in His authority, Allah alone knows the real wisdom behind all divine imperatives, but a close look into the Islamic legal code reveals that the Shari'ah of Islam has left ample room for human emotions when following its dictates. This is to give man the least possible inconvenience. The Holy Qur'an has itself said: لَا يُكَلِّفُ اللَّـهُ نَفْسًا إِلَّا وُسْعَهَا :'Allah does not obligate anyone beyond his or her capacity' (2:286). It was the demand of this mercy and wisdom that made Islam go slow on forbidding wine.

49. An Arab poetical form introduced by the modern poet, Garcia Lorca in the West.

The gist of the Qur'anic history of forbidding wine through a gradual process is that it has revealed four verses on the subject. As said earlier, one of these verses belongs to Surah al-Baqarah, the explanation of which you are reading through now. Here, wine has been identified as sin-prone, a corrupting agent. The mention of wine has been left at that point. It has not been 'forbidden'. This, in a way, is a manner of saying that the habit of drinking is worth leaving, but the direct command to quit drinking was not given.

The second verse لَا تَقْرَ‌بُوا الصَّلَاةَ وَأَنتُمْ سُكَارَ‌ىٰ : 'do not go near salah نماز when you are intoxicated' (4:43) appears in Surah al-Nis-a'. Here, wine was declared to be unlawful during salah hours. At other times, the choice remained open.

The third and the fourth verses belong to Surah al-Ma'idah. In these two, as mentioned earlier, wine was declared to be unlawful clearly and absolutely.

The Shari'ah of Islam used the method of gradual prohibition of wine for the simple reason that it would have been much too hard on human temperament to cut away from the habit of a life-time, specially so the habit of addiction to intoxicants. Scholars have said: فطام العادہ اشد من فطام الفضاعۃ : that is, it is harder to change an ongoing habit for man than it is for a child used to suckling at his mother's breast. So, moving wisely, Islam first stressed on its evil, then prohibited it only at the time of salah and finally after the passage of a certain time, it was absolutely forbidden.

However, the wisdom that required a gradual process before the prohibition had equally required that once the prohibition is promulgated, it should be implemented with its full force. That is why the Holy Prophet صلى الله عليه وسلم ، in the early stages, warned people against the use of wine and told them how it invited divine punishment. He said that wine was the source of evils and indecencies and one who indulges in it can go on to commit even the worst possible sins.

In a hadith, he said 'Wine and Faith cannot be combined.' These narrations appear in al-Nisa'i. In the Jami` of al-Tirmidhi, there is a narration from the blessed Companion Anas ؓ which reports that the Holy Prophet صلى الله عليه وسلم has cursed ten people in relation to wine, being the crusher or presser or squeezer, the distiller, the user, the server, the carrier, the receiver (the one for whom it is carried), the seller, the buyer, the giver (as gift), and the one who uses the income arising from it. This verbal teaching and persuasion was not all that he stopped at, he took practical steps and made a legally binding proclamation that whosoever has any wine in possession should deposit it at an appointed place.

The matchless obedience of the blessed Companions

As soon as the first order came to them, the noble Companions ؓ ، obedient and responsive as they were, lost no time and took out all wine stored in their homes for personal use and poured it out on the streets there and then. Sayyidna ` Abdullah ibn ` Umar ؓ has reported that at the time when the proclaimer appointed by the Holy Prophet صلى الله عليه وسلم went around the streets of Madinah announcing that wine was forbidden, whoever had a vessel of wine in his hands, threw it away right where he was and whoever had cups or goblets or flasks of wine in the house, brought these out and smashed them off. Sayyidna Anas ؓ was happily busy serving wine to a gathering of friends at that time. Present there were great Companions ؓ like Abu Talha, Abu ` Ubaydah ibn Jarrah, Ubaiyy ibn Ka'b and Suhayl ؓ . When the voice of the proclaimer struck their ears, everybody present said, 'Now, pour all this wine down on the ground and break all cups and goblets and ewers and pitchers.' In some narrations it is said that it was immediately with the announcement that wine had become unlawful that everyone who had a cup of wine reaching close to his lips was electrified and threw it away right there. That day, wine was flowing down the streets of Madinah like a stream of rainwater, and as a result of that, it remained usual in the streets of Madinah for a long time that rains would reactivate the smell of wine soaked in the ground, as well as its colour, which would show up on the surface.

When people were ordered to deposit whatever wine they had at a given place, not much was left there to deposit except the limited stock, of wine casks and bags, available in the market for commercial sales. So obedient were the noble Companions ؓ that they deposited those too at the designated place without the least hesitation. The Holy Prophet صلى الله عليه وسلم went there personally and slit many leather wine-bags with his own blessed hands and let the rest be slit apart by the Companions ؓ .

Another Companion, a businessman who imported wine from Syria happened to be on a business trip in Syria. He had taken his entire capital with him against which he bought a stock of wine for commercial sales. When he returned with his cargo, he came to know that wine had been declared haram حرام before he could enter the city limits of Madinah. Having heard about the ban on wine, the Companion who was a model of devotion and sacrifice, and who was also returning home after investing all his capital and labour hoping to make a big profit out of it, quietly stacked it on a wayside hillock, came down to see the Holy Prophet صلى الله عليه وسلم asking him about this stock of his: 'What should I do?' The Holy Prophet صلى الله عليه وسلم ordered him, in accordance with the Divine command, that he should tear out all those leather bags and pour the wine in them down on the ground. This wonderful lover of Allah and His Messenger did not hesitate for a moment. Using his own hands, he poured forth all his invested capital on the sands of that hill-slope. This too is a great miracle of Islam, and a demonstration of mind-boggling and virtually unrivalled obedience that came about during this episode. Imagine how difficult it is to shake off the habit of being used to something while these people were chronically habituated to consuming wine and could not stay away from it even for a little while. For them, it was just that command from their Lord proclaimed by His Prophet صلى الله عليه وسلم which brought about such an instant change in their habits that they started hating the same wine and gambling they were so addicted to.

Islamic strategy for a social change

The verses above and the events connected with them present before us a model of active Muslim response to the law making wine unlawful. One may call it a miracle of Islam or a unique outcome of prophetic teaching and training or the inevitable end-product of Islamic methodology of social change, the fact is that its effectiveness was phenomenal. Compared to this was the attempt at prohibition made in the United States with the support of experts, lobbies, law, media and constitutional amendment which failed in the face of much increased use of liquor making the authorities cancel their plans. What is the secret behind this enormous difference?

The secret is that Islam has never depended on law alone as the tool of social reform. Law not being sufficient, it has first prepared and fine tuned the minds of its people tempering their attitudes with the golden prescription of a deep devotion to and worship of their Creator, moderation in worldly living and a genuine concern for the life to come. The great revolution brought in this manner produced matchless men who would eagerly come forward to sacrifice their life, property, honour, anything and everything at one call from their Prophet صلى الله عليه وسلم . This task of preparing men who would match the mission continued throughout the Makkan period by means of rigorous spiritual training. Once such a devoted group of people was ready, and then came the law. No doubt, the Americans too did their best utilizing the vast powers of the media, but they had everything with them except the concern for the life to come while the concern for the Hereafter was the very life-blood of Muslims.

The golden prescription is still there, very much valid, waiting for peaceless people round the world to use it. Let the wise think.

The good and evil of wine

The 'good' in wine is popularly known as a certain taste and a feeling of well-being, professed increase of temporary energy, and a given glow on the face. Being transient, these benefits hardly stand against the array of evils it breeds. Take the human body first. Drinking causes mal-function of the stomach, reduces desire to eat, affects facial con-tours, inflates the waistline, hurts the liver and the kidneys and be-comes a contributor to all sorts of diseases. Reason does not work under the influence of hard drinks which goes beyond the time one claims to have become sober. The hangover turns out to be as bad. Wine, a tempting stimulant and a much romanticized poison works slowly, inspite of the spirited defence put up by its users. The fact is that drinking not only harms them but affects their children as well.

Socially, drinking may become the cause of mutual malice and enmity which is a great evil in the sight of Islamic law. It is for this reason that the Holy Qur'an particularly mentions this evil in Surah al-Ma'idah:

إِنَّمَا يُرِ‌يدُ الشَّيْطَانُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ‌ وَالْمَيْسِر

The Satan only wants that hositility and hatred come to stay between you through wine and gambling. (5:91)

One of the most harmful drawbacks of drinking shows up when a person under its influence lets out his guarded secrets. It becomes much more disastrous if the culprit happens to be a state functionary in possession of vital government secrets. Passing these out to an enemy agent can cause great damage to the state through a coup, a political loss or a challenge to national defence. Clever spies are always on the look out for such opportunities.

So, the habit of drinking is not only an evil in itself but a mother of other evils as well making men ready to commit the worst possible crimes against their fellow-beings.

The physical evils of drinking are too well-known to recount here while its spiritual evils are equally obvious. Wine is harmful because the Holy Qur'an says: وَيَصُدَّكُمْ عَن ذِكْرِ‌ اللَّـهِ وَعَنِ الصَّلَاةِ : 'It prevents you from remembering Allah and from the Salah'. Then, the question asked by the Holy Qur'an is: فَهَلْ أَنتُم مُّنتَهُونَ 'Would you then desist?'

The forbiddance of wine: A complete view

Upto this point, we have discussed four verses of the Holy Qur'an which deal with the unlawfulness of wine, and its forbiddance. It seems appropriate that yet another mention of intoxicants made by the Holy Qur'an in Surah Al-Nahl النحل in a different context should be brought into focus here so that we have all Qur'anic statements concerning wine and intoxicants in one complete frame of reference. The said verse is as follows:

وَمِن ثَمَرَ‌اتِ النَّخِيلِ وَالْأَعْنَابِ تَتَّخِذُونَ مِنْهُ سَكَرً‌ا وَرِ‌زْقًا حَسَنًا ۗ إِنَّ فِي ذَٰلِكَ لَآيَةً لِّقَوْمٍ يَعْقِلُونَ ﴿67﴾

And of the fruits of the palms and the vines, you take there-from an intoxicant and a good provision. Surely, in that there is a sign for a people who understand. (16:67)

In verses preceding the one above, mention was made of Allah's blessings which cause production of human food through unique mechanisms. It was said:

وَإِنَّ لَكُمْ فِي الْأَنْعَامِ لَعِبْرَ‌ةً ۖ نُّسْقِيكُم مِّمَّا فِي بُطُونِهِ مِن بَيْنِ فَرْ‌ثٍ وَدَمٍ لَّبَنًا خَالِصًا سَائِغًا لِّلشَّارِ‌بِينَ ﴿66﴾

And surely in the cattle there is a lesson for you; We give you to drink of what is in their bellies, between filth and blood, pure milk, sweet to drinkers. (16:66)

The text uses the word, 'nusqikum' نُّسْقِيكُم which means We gave you milk to drink' implying that it needs no further human processing. Following this, it was said that man procures things to eat, as well as, makes things which benefit him. Here, the hint is that human processing plays some part in procuring what he eats and in making what, he uses to his advantage. And it is as a result of the entry of the human factor that two types of things were produced. One of these is an intoxicant known as wine while the other is 'a good provision', such as the dates and the grapes which can be used fresh off the palms and vines or can be dried and stored for later use. In short, Allah Almighty, in His perfect creativity, gave man fruits such as dates and grapes and gave him the added right to use them as food. Now what he makes out of them is his choice, either make intoxicants out of them and thereby spoil his reason, or use them for food and energy. According to this explanation, this verse cannot be used to argue in support of the lawfulness of intoxicating wine. The reason is simple. Here, the purpose is to describe the gifts of nature and to point out to the different forms in which they could be used which is all part of the same Divine blessing. For instance, consider all that man eats and things man uses to his advantage. There are many who use these in ways that are impermissible but, the incidence of someone using things wrongfully does not preclude a blessing from remaining a blessing. So, the context of the statement needs no details as to which use is permissible or impermissible, however, there is a subtle indication embedded here too. If we look at how 'sakar: intoxicant' has been counter-poised by 'rizqan hasana': رِ‌زْقًا حَسَنًا 'a good provision', we would realize that an intoxicant is not a good provision. The majority of commentators take sakar to mean something that intoxicates. (Ruh al-Ma'ani, Qurtubi and Jassas)

There is a consensus of the Ummah that these verses are Makkan while the unlawfulness of wine was revealed later on in Madinah al-Tayyibah. Even though wine was lawful at the time these verses were revealed and Muslims used to indulge in wine generally yet, even at that stage, a hint was made in the verse that indulging in wine is not good. Later on, came the Qur'anic command which clearly and forcefully made wine unlawful.

The prohibition of Gambling

The word, maisir مَيْسِر is an infinitive and lexically means to distribute'. One who distributes is called yasir یاسِر . During the days of Jahiliyyah, several types of games of chance were common in Arabia. In one of such games, they used to slaughter a camel following which they would gamble while distributing shares from the meat. Some used to get more than one share while others remained deprived of even one. The one who thus remained deprived had to pay for the whole camel. The meat was, of course, distributed among the poor; the gamblers did not use it themselves.

The catch in this particular game of chance was that it benefited the poor while, at the same time, it demonstrated the philanthropy of the gamblers. That is why this game was considered a matter of pride by them. Anyone who would not participate in it was chided as miserly and wretched.

It is because of the relevance of distribution that Qimar قمار is given the name of Maisir. All Companions, and Successors to them, hold the unanimous view that the word, Maisir includes all forms of Qimar or gambling and that all of them are Haram حرام or unlawful. Ibn Kathir (رح) in his Tafsir and al-Jassas (رح) in Ahkam al-Qur'an report that the blessed Companions ` Abdullah ibn ` Abbas, Ibn ` Umar, Qatadah, Mu'awiyah ibn Salih, 'Ata and Ta'wus ؓ said: المیسر القمار حتی لعب الصبیان بالکعاب والجوز that is, Qimar (of all kinds) is Maisir - even the games of children with dices and walnuts.

Sayyidna Ibn ` Abbas ؓ said ألمخاطرۃ من القمار that is, Mukhatarah مخاطرۃ (to put something on stake) falls under Qimar (Jassas). Ibn Sirin ؓ said: 'That which involves stakes is included in Maisir' (Ruh al-Bayn).

Mukhatarah مخاطرۃ or 'stake' is a deal which revolves between profit and loss, that is, there may be a chance that one gets a lot, and also, that one gets nothing. This is very much like what we find in all sorts of modern lotteries. All these types are included under Qimar and Maisir or gambling, and are haram حرام . Therefore, Maisir or Qimar or gambling has been defined as a deal in which the act of making a person the owner of something of value depends on a contingency the two sides of which are equal, and consequently, there are two equal possibilities of taking total profit or absorbing total loss (shami, Kitab al-Khatar wa Fibahah, volume 5, page 355). For instance, it is quite possible that the penalty falls on A, and it is also possible that it falls on B.

To sum up, the rule is that all kinds and forms in vogue - in the past or current today or likely to emerge in the future - shall all be called Maisir and Qimar and gambling. Prize-awarding cross-word puzzles (in which the participants are charged a fee) and commercial lotteries, the generally known among whatever other forms they may have, are all included under gambling. However, should there be a prize offered by one side only, stipulating that it will be given to one who performs a certain feat, that would not matter subject to the condition that no fee is taken from that person. The reason is that, in this case, the deal does not hang between benefit and harm, but hangs between benefit and no benefit.

Therefore, in authentic ahadith, chess and backgammon and their likes have been declared unlawful where money or property is staked in a win or lose situation. Should there be money staked in playing cards, that too will be included under Maisir.

In Sahih Muslim, there is a report from the blessed Companion Buraydah ؓ which states that the Holy Prophet صلى الله عليه وسلم said that one who plays backgammon is like one who dyes his hands in the flesh and blood of pork. Sayyidna ` Ali ؓ said that chess is included in Maisir, that is gambling. Sayyidna ` Abdullah ibn ` Umar ؓ said that chess is much worse than backgammon. (Tafsir Ibn Kathir)

During the early days of Islam, gambling was permissible like drinking. When the verses beginning غُلِبَتِ الرُّ‌ومُ ﴿2﴾ in Surah al-Rum were revealed where the Holy Qur'an foretold that the Byzantines have no doubt lost to their rivals - the Persians, but, after a few years, the Byzantines will prevail once again. When the disbelievers of Makkah denied the prophecy, Sayyidna Abu Bakr al-Siddiq ؓ ، challenged them with a bet, something like Qimar, proposing that should the Byzantines prevail in so many years the disbelievers will have to pay a certain amount. The bet was approved. When this prophecy of the Qur'an actually came to pass, Sayyidna Abu Bakr ؓ made sure that he got the waged amount from the disbelievers and brought it to the Holy Prophet صلى الله عليه وسلم who expressed his pleasure with what had happened but asked him to give away the bet-money in charity. This is significant because Allah had kept His Messenger صلى الله عليه وسلم protected from something that was permissible at that time but was going to be made impermissible later on. This is why he always kept aloof from wine and gambling, and there were particular ones among the noble Companions ؓ who also remained protected against these. It appears in a narration that the angel Jibra'il (علیہ السلام) told the Holy Prophet صلى الله عليه وسلم that Allah Almighty likes four character-traits in Ja'far al-Tayyar. He صلى الله عليه وسلم asked Sayyidna Ja'far al-Tayyar ؓ as to what these four traits were. He said, 'Till now, I have never talked about these before anyone. Now that Allah Almighty has told you about them, I submit and relate these four to you. I saw that wine ruins reason, so I never went near it. I saw that idols cause no benefit or harm to anyone, so I never indulged in idol-worship even during the days of Jahiliyyah. Since I have an acute sense of honour concerning my wife and daughters, so I never committed adultery. Then, I realized that lying is unbridled meanness, and a terrible disgrace, so I never told a lie even in Jahiliyyah'. (Ruh al-Bayan)

Social ill-effects of gambling

The Holy Qur'an has said the same thing about Qimar or gambling as it has said about wine, that is, in it there are some benefits as well, but the harm it brings is greater than its benefits. Everyone knows this sort of benefit can make a pauper an overnight millionaire, but there are very few people who know how evil the practice is economically, socially and spiritually.

In gambling, speaking briefly, the gain of one person is dependent upon the loss of the other. The total gain of the winner is an outcome of the total loss of the loser because this transaction does not increase the (national) wealth or production. The amount of wealth remains as it was. What happens through this game of chance is that one is sucked dry of his wealth which then reaches the other, therefore, Qimar is a blanket undoing of a people, and the death of human morality. Isn't it that man, who should be an agent of public good, a model of sympathy and sacrifice, stoops to the level of a beast while gambling, and starts seeing his life in the death of his brother, and finding delight in his distress, and searching for gain in his loss, and goes about harnessing all his abilities to promote his selfishness? Contrary to this are the permissible forms of transactions in trade where parties buy and sell releasing profits for both. Then, wealth circulates and increases through exchange of commercial commodities and the buyer and seller both find it beneficial.

To begin with, gambling is harmful because the addicted gambler comes to be deprived of the very habit of earning his livelihood, because he always keeps dreaming that he will simply sit and grab what belongs to the other person in no time through a bet, specially so as it involves no hard work. Some scholars have said that gambling has been called Maisir (as derived from the word 'yusr یُسر ' meaning 'easiness' ) because one can easily take possession of what belongs to the other through it. Even if gambling deals revolve around a small number of people such as two or four, their harmful effects mentioned above show up very clearly. But, here we are in this modern age, called 'the age of progress' by those handicapped by superficial vision and lack of insight into its aftermath, where we see wine of all sorts given new names and labels, where ever-new kinds of interest and ever-innovative corporate methods to promote it have been invented, commandeered and given the safe name of 'banking'; so it is with gambling where thousands of dubious forms have found currency. Some of these are so highly collective that the amount of contribution from a whole nation keeps adding up bit by bit, and in case there is a loss, that gets spread out over everybody and thus does not become conspicuous. When an amount from this total 'take' reaches the hands of one person, his gain appears to be prominent, therefore, people tend to look at his personal gain but pay no heed to the collective loss of their nation or country. Consequently, they are trapped into believing that these new kinds may as well be valid, although present here are all those harmful effects which are found in gambling confined to a small group of two or four people. Looked at from another angle, the harm brought by this large-scale gambling is much worse than that released by the older form of gambling, for its evil effects are far-reaching and spell out the ruin of a whole nation. As evident, the natural result of this practice will be that wealth belonging to the common people of the community will go on decreasing while the capital of some capitalists will go on increasing further. Inevitably then, the entire wealth of the nation will shrink and come to be concentrated into the hands of a limited number of individuals and a limited number of families. This can be witnessed everyday in stock markets and in other forms of Qimar. Now, Islamic economic strategy has an important principle of its own. It declares that every deal which siphons the wealth of a whole community out into the coffers of a few capitalists is haram, unlawful and forbidden. The Holy Qur'an itself, while stating the principle of the distribution of wealth, has proclaimed: كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ. It means that the principle of distributing spoils of war among different segments of the society given by the Holy Qur'an aims to make sure that wealth does not shrink and concentrate in the hands of a few capitalists.

Gambling, like wine, becomes the cause of mutual disputes reaching the limits of hatred and animosity, so fatal in a civilized society. To quote once again, the Holy Qur'an mentions the evil of gambling in the following words:

إِنَّمَا يُرِ‌يدُ الشَّيْطَانُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ‌ وَالْمَيْسِرِ‌ وَيَصُدَّكُمْ عَن ذِكْرِ‌ اللَّـهِ وَعَنِ الصَّلَاةِ

The Satan only wants hostility and hatred to come to stay between you through wine and gambling, and to prevent you from remembering Allah and from the Salah. (5:91)

The effect of gambling, like that of wine, is that one gets recklessly involved in it, becoming unable to attend to the remembrance of Allah, and the prayer. Perhaps, this is why the Holy Qur'an has elected to mention wine and gambling side by side in an identical manner since Qimar or gambling has an intoxicating pull of its own which makes one ignore the concern of what is good or bad for him.

As partly mentioned earlier, the basic evil in gambling is that one can falsely devour what belongs to others through this method without any reasonable compensation or brotherly consideration. This is what the Holy Qur'an prohibits in the following words: لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ (And do not eat up each other's property by false means) (2:188).

The destroyer of many a home, the ill effects of gambling do not remain restricted to the gambler alone. They affect his whole family and become contagious to a much larger social circle because people may have entered into transactions, contracts and 'loan deals with him which will hurt all concerned in the event of his becoming insolvent.

Finally, in the background of rising social addiction to various Qimar forms, it is useful to keep in view that this evil distorts one's natural attitude to work and rivets it on imagined gains. Rather than concentrate on his physical or mental skills to increase his earnings steadily, one starts getting fixed on finding ways and means to usurp the earnings of others.

That is why the Holy Qur'an has said: وَإِثْمُهُمَا أَكْبَرُ‌ مِن نَّفْعِهِمَا that is, the evils of wine and gambling are greater than their benefits.

Some juristic rules and related notes:

In this verse, the acknowledgement of some benefits of wine and gambling has been combined with the instruction to desist from them which helps us deduce the rule that the presence of material benefits in something or act is not contrary to its being declared haram حرام under the Islamic law. We know that a certain medicine or food item is called harmful if its harmful effects are far stronger than 'its benefits. If this was not so, nothing in this world, not even the worst, would turn out to be totally devoid of any benefit. A deadly poison, the snake and the scorpion and the wild beasts, they all have their benefits but, speaking generally, they are called harmful and people are told to watch out against them. Similarly, keeping in view the essential sense, things the evils of which are greater than their benefits are declared haram or unlawful under the Shari'ah. None of the crimes such as theft, robbery, adultery, kidnapping and fraud are devoid of some benefit, for had they been totally benefitless no sane person would ever go near them, even though the most perfect people in all such crimes are those known for their tact and intelligence. This tells us that some or the other benefit does show up in all crimes but, since their harmfulness is greater than their benefit, no sane person stands up to declare them as useful and permissible. It is under this principle that the Shari'ah of Islam has made wine and gambling unlawful.

2. This verse also provides the rule that the elimination of evil takes precedence over the acquisition of benefit, that is, should something give a certain benefit along with causing some harm, it becomes necessary to abandon the benefit in order to stay safe against the harm. In other words, a benefit which comes with harmfulness attached to it is ignored.

The first part of verse 219 related to the question asked about wine and gambling, a detailed explanation of which appears in previous pages.

The second part of the verse appearing here relates to another question -- about how much should be spent in charity. The answer given is 'al-` afw' العفو which has been translated here as 'the surplus'. It means that one should not, by such spending, get into personal trouble in the material life of this world, or by wasting away somebody's due right, get into the pain of answerability in the life to come. Verse:220 Commentary Verse 220 features yet another question in a series of several posed by the noble Companions. This question relates to the combining of the cost of maintenance of orphans. Since there was general lack of carefulness about the rights of orphans in pagan Arabia, as elsewhere, warning was given that consuming what belongs to the orphans is like filling bellies with embers of Hell. Consequently, the recipients of this warning were so scared that they, out of preventive measure, started preparing and storing meals given to orphans separately. In case the child ate less, food was left over and, naturally so, got decomposed. The reason: It was not permissible for them to use food which belonged to the orphans, nor did they have the right to give what belonged to the orphans in charity. This was a matter of sheer discomfort and a source of loss to the orphans as well. Therefore, the situation was brought to the notice of the Holy Prophet صلى الله عليه وسلم following which came the guidance given in this verse.

It is being said here that the purpose is not to compromise the welfare of the orphaned children. Since their welfare is served better through a joint expense system, there is nothing to worry about, for they are brothers-in-faith and brothers do share.

The above permission has been hemmed by a warning that Allah watches over the performance of guardians in this matter. He could have, by setting up a harder code of conduct, put them in trouble because He is All-Powerful. But, He has provided an easier code of conduct because He is All-Wise and does not obligate people with what they cannot do. Verse:221 Commentary Verse 221 carries an injunction relating to marriage with Mushrikin (those who associate partners with Allah). The commentary which follows explains the injunction in some detail.

Inter-Marriage between Muslims and Kafirs is Prohibited

In the verses under discussion an important ruling has been given. It states that the marriage of Muslim males with Kafir کافر (disbelieving in Islam) females and the marriage of Kafir کافر females with Muslim males is not permissible. The reason is: Kafir کافر males and females become the cause that leads man into the Hell. Marital relations demand mutual love and harmony and without these the real purpose behind such relationship remains unrealized. If such close relations of love and affection are established with Mushrikin مشرکین or disbelievers, the inevitable effect will be that Muslims may emotionally tilt towards Kufr کُفُر and Shirk or, in a lesser degree, the very abhorrence of Kufr کُفُر and Shirk may just not remain there in their hearts. Consequently, they too, may get involved with Kufr کُفُر and Shirk and thereby end up in Hell. Therefore, it was said that these people call everyone to come to Hell while Allah Almighty calls man to Paradise and to His forgiveness and, for this purpose, states His injunctions openly and clearly so that people follow the wise counsel. Let us consider a few points at this stage:

1. If the word, Mushrik مشرک in this verse is taken to mean non-Muslims as a whole it would be necessary to exempt non-Muslim women of the Ahl al-Kitab اھل الکتاب (the people of the Book) from the purview of this injunction, because it is expressly stated in another verse that:

وَالْمُحْصَنَاتُ مِنَ الْمُؤْمِنَاتِ وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِن قَبْلِكُمْ

And good women from among those given the Book before you (marriage with whom is lawful for you). (5:5)

But if the word Mushrik is taken to mean specially those non-Muslims who are not from amongst the Ahl al-Kitab اھل الکتاب (People of the Book i.e. the Jews and the Christians), this verse needs no exception, because it covers only those non-Muslims who do not believe in any prophet and scripture.

2. Let us take the second important point. The Qur'an forbids marital relations between Muslims and disbelievers for the reason that such close relations could become the source of involvement in Kufr کُفُر and Shirk شرک . Now this is apparently true of all non-Muslim groups. Why then, the women from amongst the Ahl al-Kitab اھل الکتاب (the Jews and the Christians) have been excluded?

The answer is obvious. The difference the people of the Book have with Islam is relatively lesser and lighter as compared with other non-Muslims. Islamic belief is tri-polar, that is, Tauhid توحید (Oneness of God), Akhirah (Hereafter) and Risalah (Prophethood). Out of these, if we consider the belief in Akhirah آخرت ، even the Jews and Christians from amongst the people of the Book agree with Muslims in accordance with their original faith, wherein, very similarly, it is kufr کُفُر (infidelity) even in their original faith to attribute partners with God. That the Christians, in their love for Sayyidna ` Isa (علیہ السلام) ، and in their over-enthusiasm towards respecting him, entered the borders of Shirk شرک ، is a different matter.

Now the basic difference that remains is that they do not believe in Muhammad صلى الله عليه وسلم as His Messenger . In Islam, this belief is cardinal. Without it, no one can become a true Muslim. However, the fact remains that the difference the people of the Book have is lesser and lighter as compared with other non-Muslim groups. Therefore, the danger of corruptibility is not that great here۔

3. A question may be raised here that the difference between the people of the Book having been declared lighter, it was made permissible for Muslim men to marry their women. So the converse of this proposition, that is, the marriage of Muslim women with non-Muslim people of the Book, should also be permissible. But a little reflection will be sufficient to establish the basic difference between the two situations. Women are somewhat weaker by nature. Then the husband has been given a controlling and care-taking role. So the likelihood of a woman being impressed by his beliefs and views is not that remote. Therefore, should a Muslim woman stay in a marriage relationship with a non-Muslim Kitabi, (Christian or Jew) the chances of her belief being spoiled are strong.

Contrary to this, should a non-Muslim Kitabi woman (Jew or Christian) live married to a Muslim man, it is unlikely in principle that her ideas will impress the husband. Is someone takes to a converse position in total disregard of the normal principles and falls prey to his wife's instigation, it will be because of his own fault.

4. Let us clarify another doubt which may be raised here. The marital relations may influence both the parties equally. Therefore, if there is an apprehension that a Muslim spouse will be influenced by his or her counterpart in the matter of faith, there is also a counter possibility that the non-Muslim spouse will be influenced by his or her Muslim spouse, whereupon he or she will embrace Islam. Both possibilities being equally open, the marital relations between Muslims and non-Muslims should not have been prohibited.

But the wisdom behind this prohibition is that where the danger of a harm and the hope of a benefit are equally applicable, then the reasonable attitude will be to pay more attention to preventing harm than to seeking benefit. There is a well-known Persian saying: عقلمند تریاق بیقین وزھر بگمانخورد . A wise man does not eat the antidote with certainty and the poison with doubt. On the basis of this principle, the hope of the non-Muslim spouse embracing Islam has been ignored, and the apprehension of a Muslim spouse being impressed by the anti-Islamic faith or behaviour has been effectively taken care of.

5. The fifth point worth considering is that the meaning of the permission to Muslim men to marry Jewish and Christian women under formal Nikah (marriage contract) is simply to state that such Nikah if made, will become valid and the children born out of this wedlock will be ligitimate. But there are statements in ahadith which prove that even this Nikah is not viewed with favour. The Holy Prophet has said that a Muslim should seek to marry a woman who fully observes Islamic faith and conduct -- so that she becomes for him a source of strength in their joint pursuit of their faith, and their progeny may have the opportunity to grow up under their care as practising Muslims. When marriage with a non-practising Muslim woman was not looked at with favour, how would it become favourable in the case of some non-Muslim woman? This is why Sayyidna ` Umar al-Faruq ؓ ، on learning that such marriages are finding alarming currency in Iraq and Syria, stopped these with an executive order which pointed out that such marital relations cause corruption in Muslim families both religiously and politically. (Kitab al-Athar-lil-Imam Muhammad). The effect of such marriages in contemporary times when non-Muslim people of the Book, the Jews and the Christians, have a record of political deception, political marriages, entry into Muslim families with persuasion techniques and spying objectives is too obvious and has been admitted by Christian writers themselves as reported in some details by Major General Akbar in his book, حدیثِ دفاع Hadith-e-Difa`,

Specially in our days, there is another important reason for avoiding marital relations with the People of the Book. If the lives of a majority of contemporary Europeans (and Americans), who are called Jews and Christians, and are registered as such in their census records, were researched it will be discovered that an enormous lot of them have nothing to do with Christianity or Judaism. They are atheistically irreligious. They do not believe in Sayyidna ` Isa (علیہ السلام) or in the Bible. They do not believe in Sayyidna Musa (علیہ السلام) or in the Torah -- not even in God or a Day of Judgment. It is obvious that such people do not come under the purview of the Qur'anic injunction permitting marriage (with the people of the Book). Nikah (marriage) with their women is absolutely haram (unlawful). It is clear that such people do not qualify for the exception given in the Qur'anic verse:

وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ

And good women from among those given the Book before you (marriage with whom is lawful for you).

Therefore, Nikah (marriage) with their women, like those of other non-Muslims, is absolutely haram (unlawful).

Special notes from Bayern al-Qur'an by Maulana Ashraf Thanavi

1. It is not correct to marry women from among the group of people who, on the basis of their name and identity, are considered from among the people of the Book but are not proved to be so after a scrutiny of beliefs. For instance, common people these days take white westerners to be generally Christians although some of their beliefs have turned out to be totally atheistic under critical observation. How can people who do not believe in God, in the prophethood of Jesus Christ and in the Bible as revealed scripture be Christians?

Marrying a woman from such a group of people is not correct. Those who marry women from the West without finding out what is involved therein make a gross mistake.

2. Similarly, it is not correct to give a Muslim woman in marriage to a man who, in his outward status, is supposed to be a Muslim but whose beliefs are identical with those of a non-Muslim. And should such corruption of beliefs occur after having been married, the nikah or the marriage-contract breaks ipso facto. For instance, a large number of Muslims, in ignorance of their religion and under the influence of the so-called ` modern thinking', ruin their beliefs. It is, therefore, obligatory for the guardians of a girl that they should first investigate into the beliefs of the proposer before they accept the proposal.