Verse:38 Commentary Appearing once again in verse 38, there is a patronizing address to disbelievers - which carries the elements of persuasion and warning both. The part of persuasion is that should they repent from their shocking deeds even then, and come forward to believe, then, all their past sins shall be forgiven. If they failed to desist even then, the warning part tells them that they better understand that Allah Ta` ala would not have to think about making some new law for them. The law is already there. It has been in force in the case of disbelievers of earlier times. The same law would come into force against them too - that they were destroyed in the present world and became deserving of the punishment of the Hereafter. Verse:39 Commentary Commentary

We are now on verse 39 of Surah al-Anfal. Two words: فِتْنَةٌ (Fitnah) and دينُ (Deen) used here need our attention since both are used in many shades of meaning lexically.

At this place, two meanings have been reported from authorities of Tafsir from among the Sahabah and Tabi` in: (1) That Fitnah is taken to mean Kufr and Shirk, and Din is taken to mean the Deen of Islam. This very Tafsir has been reported from Sayyidna ` Abdullah ibn ` Abbas ؓ . Given this exegetic view, the verse would mean that Muslims must continue fighting disbelievers until disbelief disintegrates yielding its place to Islam and there remains no religion and faith other than Islam. Given this situation, this injunction will be specific to only the people of Makkah and the people of Arabia - because, the Arabian Peninsula is the home of Islam. The presence of any other religion, other than Islam in it, shall be dangerous for Islam. As for the rest of the world, other religions and faiths could be kept existing as con-firmed by other verses of the Holy Qur'an and reports from Hadith.

(2) According to the second Tafsir reported from Sayyidna ` Abdullah ibn ` Umar ؓ and others, Fitnah at this place means the chain of pain, retributive suffering and endless woes which the disbelievers of Makkah had always been inflicting on Muslims. As long as they were in Makkah, they kept' braving all sorts of pain caused to them all the time. They could do nothing about it being virtually held by them in their clutches. When these people migrated towards Madinah, they pursued each single Muslim and kept killing or looting them. Even after these people had reached Madinah, the wrath and anger of the disbelievers kept showing up in the form of attacks on the whole city of Madinah.

Set against Fitnah, the term دین Deen means the state of exercising functional reach and control and prevailing over antagonists. Seen from this angle, the Tafsir of the verse would be that Muslims must keep fighting disbelievers until fellow Muslims are delivered and secured from the tyrannies of disbelievers - and until Islam takes over so that it can defend and protect Muslims from the injustices inflicted on them by others. An event relating to Sayyidna ` Abdullah ibn 'Umar ؓ also goes on to support this very Tafsir. The report of the event says: When Hajjaj ibn Yusuf launched an armed attack against Sayyid-na ` Abdullah ibn Zubayr ؓ the Amir of Makkah, it became a strange scene. There were Muslims on both sides and their swords were swishing against each other. Seeing this, a couple of people came to Sayyidna ` Abdullah ibn ` Umar ؓ and said to him: Here you are watching the horror Muslims are in, although you are the son of Sayyidna ` Umar ibn al-Khattab ؓ who was not one of those who would ever tolerate such evil generating disorder. Why is it that you would not come out to remove this Fitnah? Sayyidna ` Abdullah ibn ` Umar ؓ said: The reason is that Allah Ta` ala has decreed that shedding the blood of any Muslim is forbidden. Both of them countered him by saying: Do you not recite the verse of the Qur'an: قَاتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌ (Fight them until there is no Fitnah [ disorder or disbelief ] anymore - 39)? Sayyidna ` Abdullah ibn ` Umar ؓ said: Of course, I do recite this verse - and act in accordance with it as well. We continued fighting disbelievers as commanded in this verse until came the time when there remained no Fitnah anymore, and Islam became the dominant دین Deen. Now, here are people like you who wish to kill each other and plant the Fitnah all over again, as a result of which, everything other than Allah will come to reign supreme, and that which thus reigns supreme shall be counter to the true faith, our دین Deen. What he meant to say was that the command to wage Jihad, fight and kill, was against the Fitnah of disbelief and the tyranny of the disbelievers - that they had done, and continued doing so until that Fitnah was elim-inated. Now to apply this state of affairs as an analogy to fit forms of infighting among Muslims themselves was not sound logic. In fact, at a time when Muslims fight and kill each other, the instructions of the Holy Prophet صلى الله عليه وسلم are: 'In such a situation one who keeps sitting is better than one who stands up.'

Summarizing this Tafsir, it can be said that Jihad, fighting and killing against the enemies of Islam was Wajib (necessary) on Muslims until the Fitnah of their tyranny unleashed on Muslims is eliminated, and Islam's ascendancy stands established over all other orders - and this outcome will come to pass only close to Qiyamah, therefore, the injunction of Jihad is valid and operative right through the Last Day of Qiyamah.

Two things could result from Jihad against the enemies of Islam: (1) That they stop being oppressive to Muslims, either by entering the Islamic brotherhood and becoming brothers-in-faith, or by remaining attached to their religion, they stop harassing and hurting Muslims and enter into a treaty of allegiance.

(2) That they reject both options and stick to their policy of confrontation. Injunctions covering both options have been mentioned in the next verse (40). It was said:

فَإِنِ انتَهَوْا فَإِنَّ اللَّـهَ بِمَا يَعْمَلُونَ بَصِيرٌ‌

So, if they desist, then, Allah is indeed watchful over what they do.

It means that Allah Ta` ala would deal with them in the light of their conduct. Put simply, if they desisted, Jihad action against them will be suspended. Under this arrangement, Muslims may have apprehended danger from the disbelievers. Their readiness to sign a peace pact or their declaration to have become Muslims soon after the en-counter of mutual killing may have possibly appeared to Muslims as nothing but some strategy of deception usually employed in wars. In a situation like that, stopping the ongoing war could have been harmful for Muslims. The answer to this apprehension was given by saying that Muslims are bound by deeds they see outwardly. The one who looks into hearts and knows their hidden secrets is none but Allah Ta` ala Himself. Therefore, when disbelievers declare their adherence to Islam or make a peace pact, Muslims have no choice but that they stop fighting and killing in Jihad. As for personal doubts about whether or not they have accepted Islam, or peace, honestly from their heart or all this is a cover for deception - these are things which fall in the domain of Allah. He knows it well that should they do something like that, they will be taken care of in some other way. Muslims should not lay the foundation of their matters and dealings on such thoughts and apprehensions.

If hands were raised against them after their declaration of Islam or pact of peace, those waging Jihad would turn into criminals - as it appears in a Hadith of the Sahib of al-Bukhari and Muslim. There, the Holy Prophet صلى الله عليه وسلم has said that he has been commanded to fight the enemies of Islam until they accept the Kalimah: لا إلہ إلا اللہ محمد الرسول اللہ (There is no god worthy of worship but Allah, Muhammad is a Messenger of Allah), establish Salah and pay Zakah. When they have done that, their life and property shall all become protected1. The only exception shall be that of a punishment given to them against a crime under the Islamic Law. What remains of the accountability of their hearts - whether they are accepting the creeds and deeds of Islam heartily or that they are doing it hypocritically - shall be resting with Allah.

1. It should be recalled that this principle is restricted to the Arabian Peninsula, where no disbeliever is allowed to live as a permanent citizen. In other parts of the world, the disbelievers may opt for jizyah and may continue to profess their own religion, the punishment of their disbelief being deferred to the Hereafter. (Muhammad Taqi Usmani).

According to another Hadith which Abu Dawud has reported from several noble Companions, the Holy Prophet صلى الله عليه وسلم said: Whoever does any injustice to a peace pact beneficiary (a person who has entered into a pact of allegiance with the Islamic government) or brings him any harm, or makes him do something which is more than what he can physically do, or takes something from him without his genuine, heart-felt consent, then, on the Day of Judgment, I shall support that peace pact beneficiary against a Muslim who has done something like that.

The present verse of the Holy Qur'an under study along with re-ports from Hadith have obviously exposed Muslims to a political danger. Think of an arch enemy who happens to be at their mercy. Just to save his life, the enemy recites the Kalimah of Islam. Right there, Muslims have been obligated to hold their hands instantly. One may think: With this style of combat, Muslims would be unable to overcome just about any enemy! But, Allah Ta` ala has His own ways of doing things. Here, He has taken the hidden secrets of their hearts as His area of responsibility. In a miraculous manner, it has been demonstrated practically that Muslims never faced such an embarrassing situation in any of their battlefields. However, there have been hundreds of hypocrites in a state of peace who cheated, passed on as Muslims, even went about fulfilling the obligations of Salah and Sawm at least outwardly. Some of the miserably graceless among them had no other objective in sight but that they would exact a few benefits from Muslims and remain safe from their revenge despite nursing hostility in their hearts. Then, there were some of those too who were doing so with political motives of spying on Muslims, find their secrets and maintain conspiratorial liaison with enemies. But, such was the Di-vine law that it instructed Muslims to treat all of them as they would treat Muslims - unless it was proved that they had themselves betrayed their hostility to Islam or contravened the peace agreement.

This teaching of Islam applied to the condition in which the enemies of Islam promise to desist from their hostility and enter into agreement to that effect. Verse:40 Commentary The second condition is that they stick to their doggedness and hostility. The injunction covering this situation, appears in the later verse (40) where it was said: وَإِن تَوَلَّوْا فَاعْلَمُوا أَنَّ اللَّـهَ مَوْلَاكُمْ ۚ نِعْمَ الْمَوْلَىٰ وَنِعْمَ النَّصِيرُ‌ ﴿40﴾ (And if they turn away, then, be sure that Allah is your protector. He is the excellent protector and excellent supporter).

In brief, if they fail to desist from their tyranny and disbelief, the injunction Muslims are obligated with is the same as stated above, that is, continue fighting them. Since Jihad involves fighting and killing, it is usually associated with a big army, ample weapons and other hardware and logistic support. But, those days Muslims did not have much of this normally, therefore, it was possible that Muslims would have found this command to fight and kill somewhat heavy, or their lack of numbers or paucity of equipment may have led them to realize that they could not win a war like that. Therefore, Muslims were given the antidote they needed. They were told that it did not matter if the disbelievers had more men and equipment to fight with, but where in the world, were they going to get the unseen support and help of Allah Ta` ala which Muslims have with them and which they have been witnessing as being along with them on every battlefield. Then, towards the end it was said that, for all practical purposes, everyone in the world finds some help and support from someone or somewhere, but the touchstone of how effective and functionally superior it is depends on the power, strength, knowledge and experience of that helper or supporter. It goes without saying that a whole world-full of people could never exceed, even equal the power and strength and knowledge and perception of Allah Ta` ala because He is an excellent protector and an excellent supporter with no one to match Him. Verse:41 Commentary Commentary

Mentioned in this verse are injunctions of spoils and the law of their distribution. Before we take up the subject in detail, let us under-stand some important words first.

Lexically, the word: غَنِیمۃ (ghanimah) is applied to property which is acquired from the enemy. In the terminology of the Shari` ah, property which is acquired from non-Muslims through fighting and killing, triumph and control, is called: غَنِیمۃ (ghanimah, translated here as spoils). And the property which is acquired in peace and with consent, like: جِزیَہ Jizyah, خِرَاج Khiraj etc., is called: فَییء (fai' ). These two words have been used to describe injunctions of these two kinds in the Holy Qur'an. The present Surah al-Anfal takes up injunctions relating to ghanimah or spoils which is acquired from non-Muslims at the time of fighting and killing.

At this point, we should first keep in mind that, according to the Islamic and Qur'anic view of things, the real ownership of the entire universe belongs to Allah Ta` ala, the One and only Being who has created whatever there is in it. The only way through which the ownership of something can be attributed to human beings is no other but that Allah Ta` ala may have Himself declared it, through His Law, to be under the ownership of someone. For instance, while mentioning quadruped animals in Surah YaSin (36:71 ), it was said: أَوَلَمْ يَرَ‌وْا أَنَّا خَلَقْنَا لَهُم مِّمَّا عَمِلَتْ أَيْدِينَا أَنْعَامًا فَهُمْ لَهَا مَالِكُونَ ﴿71﴾ (Do they see not that We created the quadrupeds with Our Own hands then they became their owners?) As obvious, the sense is that this ownership of theirs is not private and personal - it was Allah who made them the owners out of His grace.

When some set of people rebels against Allah Ta` ala, that is, indulges in Kufr and Shirk, then, the first action Allah Ta'ala takes to reform them is that He sends His Messengers and Books to them. When the unfortunate ones among them are not impressed even by this act of Divine grace, Allah Ta'-al-a commands His Messengers to wage Jihad against them and kill them. The outcome of this was that the lives and properties of these rebels became مُبَاح Mubah (allowed). They no longer had the right to benefit from the assets of life and property given to them by Allah Ta` ala, instead, in a manner of saying, all that belonged to them was confiscated in the name of the Authority in command. These very confiscated properties are given the name of ghanimah, spoils or war booty - which went out of the ownership of disbelievers and deposited itself separately as being under the ownership of Allah Ta` ala alone.

According to the ancient Divine Law which governed such confiscated properties, no one was allowed to benefit from them. Such properties were, rather, gathered and placed on some open spot where lightening would come from the heavens and burn these up. This was the sign that their effort by way of Jihad was accepted.

One of the few unique distinctions bestowed upon the Last of the Prophets صلى الله عليه وسلم by Allah Ta' ala was that غَنِیمۃ ghanimah properties (spoils) were made lawful (Halal) for the Muslim community (as in a Hadith of Muslim). And such was the quality of its lawfulness that it was classed as 'the purest of properties!' The reason for it is not far to find. Is it not that wealth and property which one acquires through hard labour comes to him under his ownership after having passed through chains after chains of transfers from the ownership of many human beings? Now, while passing through these numerous chains, there exists a strong probability of unlawful, impermissible or repugnant methods being employed somewhere in the pipeline. The case of غَنِیمۃ ghanimah or spoils happens to be quite contrary. Here, the ownership of disbelievers stands severed from them and passes directly into the ownership of Allah Ta` ala, remaining there as such. Now, whoever gets it, gets it directly from what is owned by Allah Ta'-al-a and that leaves no doubt, or apprehension of unlawfulness or repugnance as could be the case in receiving from what is owned by human beings. This is like water drawn from a well, or natural grass, which reaches man directly as a blessing of Allah Ta` ala without any human intermediacy in between.

To sum up, it can be said that غَنِیمۃ ghanimah or spoils which was not lawful for past communities was made lawful as a token of blessing and mercy for the Muslim Ummah. The rule of its distribution has been introduced by saying: وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ (And know that whatever spoils you receive - 41). To begin with, according to the rules of Arabic language, the word: ما (ma) already signifies generality. Then, to put further stress on this generality, added there was the expression: مِّن شَيْءٍ (min sha'i) which means whatever is collected as spoils, big or small, falls under the purview of this very law. Anyone who takes anything outside the provisions of the law of distribution, even if ordinary or small in his judgment, he will still be considered guilty of a serious crime. Therefore, the Holy Prophet صلى الله عليه وسلم said that it is not per-missible for anyone to take even a needle and its thread which is a part of the spoils غَنِیمۃ (ghanimah property) without his entitlement to it as his legally allotted share. In addition to that, he has given a severe warning against taking anything from spoils outside the allotted share. The name given to this act of misappropriation in spoils in Hadith is Ghulul where it has been declared as brazenly unlawful, far more serious than common theft.

By introducing the ground rule for distribution, all mujahid Muslims were served with a notice that Allah Ta` ala has made spoils lawful for them, but that it was lawful under a specific procedural regulation. Anyone who takes anything against it, then, that will be nothing but an ember of the fire of Jahannam.

This is what makes the law of the Qur'an distinct from other laws of the world. Then, this is the real secret behind the perfect effectiveness and success of the law of Qur'an when it begins by focusing on the need to fear Allah and to be concerned about the Hereafter and follows it up with warnings of consequences. After that, as part of the next article, penal punishments were also promulgated.

Otherwise, it is worth pondering how is it possible in the middle of the wild commotion of the battlefield that properties be acquired from out of the possession of non-Muslims, properties the details of which are known neither to the commander of Muslims nor to someone else. On top of that, battles are fought on grounds which form part of desolate jungles and deserts where thousands of places exist as possible hideouts far from the arm of law. To stand guard over these properties with the sole strength of law was something just not possible for anyone. Ultimately, it was the fear of Allah and Akhirah alone which ena-bled every single Muslim to desist from making even the minutest misappropriation in these properties.

Now, let us have a look at this rule of distribution. It was said: فَأَنَّ لِلَّـهِ خُمُسَهُ وَلِلرَّ‌سُولِ وَلِذِي الْقُرْ‌بَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (its one fifth is for Allah and the Messenger and for kinsmen and orphans and the needy and the wayfarer - 41).

First of all, worth pondering at this point is that the rule of the distribution of ghanimah or spoils being described here covers the distribution of spoils as a whole. But, the Qur'an has elected to simply mention the rule as it applies to its one-fifth. No mention has been made of the remaining four shares. What is the secret behind it and what is the law which governs the distribution of the rest of four shares? If we ponder over and deliberate in the Qur'an, an answer to these two questions comes out from within the existing word arrangement of the text. To wit, addressing Muslims engaged in Jihad, the Holy Qur'an said: مَا غَنِمْتُم (ma ghanimtum: whatever spoils you receive). There is a hint here to the effect that this property is the right of those who receive it. And after that, it was declared that one fifth from it was the share of Allah and the Messenger and others. Thus, the outcome is all too clear - the remaining four shares belonged to the mujahidin and to those who collected spoils among them. This is similar to what the Qur'an has said elsewhere in connection with the law of inheritance:

وَوَرِ‌ثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ

And his parents have inherited him, then, his mother gets the

one-third. (4:11)

Here too, the mention of mother has been considered sufficient which tells us that the remaining two shares are the right of the father. Similarly, after mentioning: (ma ghanimtum غَنِمْتُم : whatever spoils you re-ceive), when only one fifth share was set aside for Allah, it became clear that the remaining four shares were the right of the mujahidin. Later, the corresponding word and deed of the Holy Prophet صلى الله عليه وسلم fully clarified the rule in details that these four shares were distributed over mujahidin under a specific law.

Now, let us take up the details of that one fifth share which has been clearly determined by the Holy Qur'an in this verse. The count of words used in the Qur'an to say this here is six. The six words are: (1) لِلَہ (Lillah : for Allah), (2) لِلرَّ‌سُولِ (lirrasul : for the Messenger), (3) لِذِي الْقُرْ‌بَ (lidhilqurba : for kinsmen), (4) الْيَتَامَىٰ (al-yatama : orphans, (5) الْمَسَاكِين (al masakin : the needy) and (6) ابْنِ السَّبِيلِ (ibn as-sabil : the wayfarer).

Out of these words, the first word: لِلَہ (lillah) serves as the main heading under which this one fifth shall be disbursed. In other words, the statement made is that all these disbursements are exclusively for the sake of Allah. Then, the introduction of this word at this place carries a particular wisdom of its own which has been pointed out to in Tafsir Mazhari. It has been said there that wealth and property coming out of sadaqat (charities) had been declared unlawful for the Holy Prophet صلى الله عليه وسلم and his family since it did not suit his station as a prophet of Allah, and also because it was a portion taken out from the wealth and properties of Muslims at large for the purpose of making these purified. The name given to such give outs in Hadith is: اَوسَاخُ النَّاس (awsakhu 'n-nas : dirt removed from people). This is not fit for the high status of a prophet.

Since this verse has also given a share out of the one fifth of spoils to the Holy Prophet صلى الله عليه وسلم and his family, therefore, it was particularly stressed that this share did not wind its way through what was owned by people, instead, it was directly from Allah Ta` ala - as mentioned a little earlier that the property of غَنِیمۃ ghanimah or spoils goes out from the ownership of disbelievers and passes directly into the sole ownership of Allah Ta` ala. Thereafter, it is distributed as a reward from Him. Therefore, to indicate that the share given to the Holy Prophet صلى الله عليه وسلم and his kinsmen from the one fifth of spoils had nothing to do with charities given by people, instead, was grace and reward directly from Allah Ta` ala, it was said at the beginning of the verse: لِلَہ (lillah) which means that all this property belongs to Allah Ta` ala, really and specifically, and it will be disbursed according to His command alone on heads as determined.

So, there remain five real categories of disbursement from this one fifth - the Messenger, the kinsmen, the orphan, the needy and the wayfarer. Then, there are different degrees of entitlement among them. One marvels at the eloquence of the Holy Qur'an as to how delicately it has described the difference in their degrees of entitlement. For instance, the intensifying particle: لَام (lam) has been affixed before the first two of these five as in: لِلرَّ‌سُولِ وَلِذِي الْقُرْ‌بَہ (for the Messenger and for the kinsmen) - and the rest of the three kinds have been conjoined together and mentioned without the particle لَام lam.

The particle لَام lam is used for particularization in the Arabic language. In the word: لِلَہ ، (lillah), the particle لَام lam denotes exclusivity of ownership which means that Allah Ta` ala is the real owner of everything - and in: لِلرَّ‌سُولِ (lirrasul), the objective is to highlight the speciality of entitlement since Allah Ta` ala bestowed the right of disbursing and distributing the one fifth of spoils on the noble Prophet صلى الله عليه وسلم . The purport of this arrangement has been ably stated by Imam Tahawi and Tafsir Mazhari when they said: Though, five names have been mentioned at this place with reference to the heads of disbursement of one fifth of spoils but, in reality, the entire right of disposal rests with the Holy Prophet صلى الله عليه وسلم who shall expend the one fifth of spoils over these five categories at his discretion. This is similar to what was said in the first verse of Surah al-Anfal where the injunction about the entire collection of spoils was that the Holy Prophet صلى الله عليه وسلم had the right to expend it where he wished or give it to whom he wished, all at his discretion.

Though, the verse (41): وَاعْلَمُوا أَنَّمَا غَنِمْتُم (And know that whatever spoils you receive) by dividing the whole of spoils over five shares, declared that four of these were the right of the mujahidin, but the fifth share continued to be governed by the same injunction which had left its disbursement at the discretion of the Holy Prophet صلى الله عليه وسلم . However, the only addition made there was that five heads of expenditure re-lating to this fifth share were spelt out and that it will keep revolving within these. But, according to the majority of expert scholars, it was not incumbent on him that he should make five equal shares out of this one fifth and distribute it equally over the five categories of recipients mentioned in the verse. Instead, what was necessary was no more than that he would give the one fifth of spoils within the same five categories, to all, or to some, at his discretion.

The clearest proof of this statement lies within the words of the verse and the categories of recipients it mentions. It means that all these categories are not practically separate and detached from each other. In fact, they can be common to each other. For instance, a person who falls under the category of 'kinsmen,' could also be an 'orphan', or 'needy' and 'wayfarer' too. Similarly, the needy and the wayfarer could also be orphans, and kinsmen too. Someone needy could also have the status of a wayfarer. If the purpose was to have spoils distributed equally and separately over all these categories, then, these categories should have been such as would not admit one category of person in the other. Otherwise, it would become necessary that a person who is from kinsmen and who also happens to be an orphan, a needy one and a wayfarer too will have to be given four shares at the rate of one share for each status. Incidentally, this is the governing rule in the distribution of inheritance. Someone who has different kinds of relationship with a deceased person gets a separate share against each such relationship. Nevertheless, giving four shares to one person is something no one in the Muslim community goes by. This tells us that the verse does not aim to put a restriction of the Holy Prophet صلى الله عليه وسلم that he necessarily gives to all these categories and gives equally too. Instead, the aim is that he may give out of the one fifth of spoils to any category from the five categories specified as he deems fit and appropriate. (Tafsir Mazhari)

This is illustrated by an incident relating to Sayyidah Fatimah. When she requested the Holy Prophet صلى الله عليه وسلم that she be given a servant to help her with home chores in view of her physical weakness, he refused to accept her request on the ground that, in his sight, the need of his Companions ؓ from the people of Suffah was more urgent than hers. They were extremely poor and needy and there was no way he could bypass them and give to her. (Sahib al-Bukhri and Muslim)

From here, it becomes very clear that there was no separate right or entitlement for each category, otherwise, who could have been more deserving than Sayyidah Fatimah ؓ in the category of kinsfolk? In brief, all this is a description of the heads of disbursements, and not a description of entitlements.

The Distribution of One Fifth (Khums) after the passing away of the Holy Prophet صلى الله عليه وسلم

According to the majority of Imams, the share assigned to the Holy Prophet صلى الله عليه وسلم in the one fifth of spoils was, in terms of his august station as a prophet and messenger. This was very similar to the special right given to him that he could pick and take anything from out of the total spoils for his personal use, because of which he had actually taken certain things from out of some spoils. Then, he took care of his expenses and the expenses of his family from the one fifth of spoils. After his passing away, this share ceased to exist automatically - because, there is no messenger or prophet after him.

The Khums خُمُس (one fifth) of Dhawi'l-Qurba ذوی القربا (the kinsmen)

At least, there is no difference of opinion about the precedence of the right of poor kinsmen in the one fifth of spoils as compared to that of other categories of receivers, that is, the orphans, the needy and the wayfarer. The reason is that poor kinsmen cannot be helped with Zakah and Sadaqat, while other categories of receivers could also be helped with Zakah and Sadaqat (as clarified in Al-Hidayah where precedence is given to poor kinsfolk over other categories). However, the question remains whether or not the need-free kinsmen would be given from it. Imam Abu Hanifah says: Whatever the Holy Prophet صلى الله عليه وسلم himself used to give to kinsmen was based on two considerations: (1) Their need and poverty and (2) help and support given to him in establishing faith and defending Islam. The second cause came to an end with the passing away of the Prophet صلى الله عليه وسلم . What remained was the consideration of need and poverty. As based on this aspect, every Imam and Amir of Muslims shall keep granting them precedence over others (Hidayah, a1-Jassas). Imam Shafi` i has also taken the same position. (Qurtubi)

And according to some Muslim jurists (fuqaha' ), the share of kinsmen in their capacity as being related to the Holy Prophet صلى الله عليه وسلم remains valid for ever. Included there are the poor and the need-free all alike, however, the ruling Muslim authority of the time shall give them a share at his discretion. (Mazhari)

The real factor in this matter is the conduct and practice of the rightly-guided Khulafa' of Islam in terms of what they did after the passing away of the Holy Prophet صلى الله عليه وسلم . This author of Hidayah has this to say about it:

ان الخلفاء الاربعۃ الراشدین قسّموہ علی ثلثۃ اسھم

(After the passing away of the Holy Prophet صلى الله عليه وسلم the four rightly-guided Khulafa' have distributed the one fifth of spoils over three categories only (that is, orphan, needy, and wayfarer).

However, it stands proved about Sayyidna ` Umar ؓ that he used to give out to poor kinsmen from the one fifth of spoils (deduced by Abu Dawud) - and it is obvious that this is not peculiar to Sayyidna ` Umar ؓ alone, other Khulafa' would have also been doing the same.

As for the narrations which prove that Sayyidna Abu Bakr and Sayyidna ` Umar ؓ used to take out the rightful share of kinsmen right through the later period of their Caliphate and had these distributed through Sayyidna ` Ali ؓ as custodian on their behalf (as in a narration of Kitab al-Kharaj by Imam Abu Yusuf), it is not contrary to that distribution being particular to poor kinsmen. Allah knows best.

Special Note

The Holy Prophet صلى الله عليه وسلم had himself determined the qualification of kinsmen through his deed when, apart from Banu Hashim which was his own tribe, he had associated Banu al-Muttalib too with them for the reason that they had never separated themselves from Banu Hashim whether in Jahiliyyah or Islam - so much so that at the time the Quraysh of Makkah had cut off food supplies to Banu Hashim and had confined them to Shi'b Abi Talib, the Banu al-Muttalib were though not included under those boycotted, yet they joined Banu Hashim in this trial. (Mazhari)

The Day of the Battle of Badr was the Day of Distinction

In this verse, the day of Badr has been called یَوم اَلفُرقَان Yowm al-Furgan (the day of distinction between the true and the false). The reason is that Muslims scored a clear victory at Badr and the disbelievers faced a disgraceful defeat. Though, this happened as a ground reality on that day, yet it was, by extension, a day of decision also, the ultimate decision between disbelief and Islam. Verse:42 Commentary Commentary

The battle of Badr was the first confrontation of Kufr and Islam which registered a practical proof of the superiority and veracity of Islam, even visibly and materially. Therefore, the Holy Qur'an has taken special steps to describe its details which appear in the verses cited above. Besides the many considerations of wisdom behind these details, one such consideration is to assert that there was just no possibility, either visibly or technically, that Muslims will win and that the disbelievers of Makkah will be defeated. But, the unseen power of Allah Ta` ala overturned all superiority of men and materials as well as its obvious causes. To give a clear picture of this event, the Holy Qur'an has virtually outlined in these verses a whole map of the battlefront at Badr. Now, before we explain these verses, let us glance over the lexical explanation of some words.

The word: عُدْوَةِ ('udwah) refers to a side and the word: دُنیَا (dunya) is derived from: اَدنٰی (adna) which means nearer. When compared to the Hereafter, this world of ours is also called: دُنیَا (dunya) because, as related to the universe of the Hereafter, it is closer at hand for human beings. And the word: قُصْوَىٰ (quswa) is a derivation from: اَقصٰی (aqsa) which means farther.

In verse 42, death has been mentioned against life. The Arabic words used here do not carry the outward sense of death and life. Instead, meant here is spiritual death and life, or destruction and salvation. Spiritual life is Islam (belief in Allah and the Messenger) and 'Iman (faith), and spiritual death is Shirk (polytheism) and Kufr (disbelief). The Holy Qur'an has used these words at several places in this very sense. For instance, earlier in Surah al-Anfal, it was said:

يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَجِيبُوا لِلَّـهِ وَلِلرَّ‌سُولِ إِذَا دَعَاكُمْ لِمَا يُحْيِيكُمْ

O those who believe, respond to Allah and the Messenger when He calls you to what gives you life. (8:24).

The life mentioned here is the real and eternal life which one is blessed with in return for 'Iman and Islam. Now, we can move to a detailed explanation of the cited verses.

Opening with almost a cartographic view of the war front at Badr, verse 42 tells us that Muslims were on the nearest cliff (عُدْوَةِ الدُّنْيَا) and the disbelievers were on the farthest one (عُدْوَةِ الْقُصْوَىٰ ). The spot occupied by Muslims was on the side of the terrain closer to Madinah, while the disbelievers had taken the other side of the terrain which was farther from Madinah. As for the trade caravan of Abu Sufyan, the main cause of waging this Jihad, that too was closer to the army of disbelievers which had come from Makkah but was out of the range of attack by Muslims and moving by the sea shore at a distance of three miles. The purpose of focusing on this battle plan is to say that Muslims were located at a spot totally unsuitable and wrong strategically, a spot from where they had no chance of overpowering the enemy, in fact, no chance of even saving their own lives - because, the 'side of the terrain which was closer to Madinah happened to be a big sandy patch walking through which was hard and heavy. Then, they had no access to water around the spot they were in, while the side farther from Madinah where the disbelievers had set up their camps was smooth terrain with a supply of water close by.

Then, by pointing out to the two edges of the sides occupied by the two armies, it was made much too clear that the two forces were standing face to face, under which condition, it was not possible to conceal the strength or weakness of one party from the other. In addition to that, it was also indicated that the army of the disbelievers of Makkah was already at peace with the realization that their trade caravan had moved away from the attacking range of Muslims. Now, if they needed them at some stage, they too could come out to help them. As compared to them, Muslims were in trouble in terms of their location where they had no probability of getting support of men and materials from anywhere. Then, it is already settled, and known to every educated Muslim, that the total count of Muslim 'army' was three hundred and thirteen, while that of the disbelievers was one thousand. Muslims did not have sufficient number of mounts, nor did they have enough weapons. Against that, the army of the disbelievers was laced with everything.

Besides, Muslims simply had not embarked on this Jihad as some armed force ready to fight a war. Being an emergency measure to block the passage of a trade caravan and to lower the morale of the enemy, only three hundred and thirteen Muslims had started off ill-prepared, ill-equipped. It was only all of a sudden that there they stood having to confront a thousand-strong force of armed men.

This verse of the Qur'an tells us that this event, though it came to pass accidentally, with no intention behind it, but the truth. is that all that happens in this world, accidentally and involuntarily - though, it looks like some plain accident in terms of its level and form - is, in the sight of the Creator of the universe, nothing but the well-set chain of a formidable system. There is nothing in this system which can Be called abrupt or out of place. It will take the whole system to unravel itself to man, only then, man could find out the full range of wisdom hidden behind what was, supposedly, an accidental happening.

Take this event of the battle of Badr as a test case. That it came to pass in an accidental and involuntary manner had its own wise considerations as stated in: وَلَوْ تَوَاعَدتُّمْ لَاخْتَلَفْتُمْ فِي الْمِيعَادِ (And had you rearranged it with each other, you would have deviated from the appointment - 42). It means that, had this battle also been fought like common battles around the world, fought with all possible survey of available options, mutual arguments and crisis resolutions, then, given the dictates of circumstances, this battle would have never been fought. In fact, differences would have crept in one way or the other - either, Muslims themselves would have started thinking otherwise because of their being few and weak against adversaries who were many and strong; or that both parties, the disbelievers and the Muslims, might have not shown up on the battle ground as appointed mutually. As for Muslims, they would have not had the courage to initiate action in view of their being few and weak - and the disbelievers, in whose hearts Allah Ta` ala had already put the awe of Muslims, would have been scared to come out against them despite their superiority in number and strength.

Therefore, that formidable Divine system created such conditions on both sides as. would not allow them time and occasion to think and understand. The people of Makkah were so overwhelmed by the disturbing plaint from the trade caravan of Abu Sufyan that they were ready to march out without much deliberation. The Muslims were prompted by the thought that they were going to take care of an ordinary trade caravan and not a formal armed force arrayed against them. But, Allah, the All-Knowing, the All-Wise, so willed that a war starts between them so that the consequences of the victory of Islam which are to emerge from behind this war become visibly manifest. Therefore, it was said: وَلَـٰكِن لِّيَقْضِيَ اللَّـهُ أَمْرً‌ا كَانَ مَفْعُولًا (But [ it happened like this ] so that Allah might accomplish what was destined to be done - 42). It means that, despite conditions being what they were, the war had to be fought so that Allah might accomplish what was destined to be done. And destined to be done was that arrayed against an army of armed and equipped young men a thousand-strong, a motley group of three hundred and thirteen ill-equipped and hunger-stricken Muslims - and that too out of place in terms of the demanding war front - rams itself against what was a virtual mountain for them, then, the unbelievable happens. The mountain turns into smithereens. This insignificant group of men wins. This is nothing but an all too visible demonstration of the fact that some big power was operating behind them, something that thousand-strong army missed. Then, it is also evident that Muslims were supported because of Islam and the disbelievers remained deprived because of their disbelief, something which gave every sensible human a criterion to distinguish truth from evil and genuine from the fake. Therefore, at the end of the verse, it was said: لِّيَهْلِكَ مَنْ هَلَكَ عَن بَيِّنَةٍ وَيَحْيَىٰ مَنْ حَيَّ عَن بَيِّنَةٍ (so that whoever is going to die may die knowingly, and whoever is going to live may live knowingly - 42). It means that the loud and clear veracity of Islam vis-a-vis the falsity and horror of Kufr and Shirk was exposed for ever so that anyone who opts for destruction should do so while fully realizing the consequences of his or her action, and anyone who goes on to live should also live with full realization of the choice so made. The caveat is: Let nothing be done unknowingly and mistakenly, so be on guard.

The word: هَلَاكَت (halakah: death, destruction) in this verse means Kufr or disbelief while حَیَات (hayat : life) denotes Islam. In other words, once the truth has come out in the open, the probability and excuse of misunderstanding stand eliminated. Now, whoever takes to disbelief as his or her life style is going towards destruction with open eyes. And whoever takes to Islam takes to eternal life knowingly, consciously and deliberately. Then, it was said: وَإِنَّ اللَّـهَ لَسَمِيعٌ عَلِيمٌ (And Allah is indeed All-Hearing, All-Knowing - 42) that is, He knows the secrets in everyone's heart, even the nature of everyone's belief and disbelief, as well as the due reward and punishment for it. Verse:43 Commentary Mentioned in verses 43 and 44, there is particular marvel of Divine power which was designed to take place at the battle of Badr for the express purpose of making sure that none of the two armies were to put an end to the war itself by deserting the battlefield - because, it was as a result of this very war that the manifestation of the veracity of Islam was destined even as a ground reality, all earthy, material.

Such was the nature of this Divine marvel that the army of the disbelievers which was though three times larger than that of Muslims, yet Allah Ta` ala, by His perfect power alone, made their, number appear much less to Muslims so that it may not cause any difference of opinion or sense of weakness to affect them. This event took place twice. Once, it was shown to the Holy Prophet صلى الله عليه وسلم in a dream which he related to all of them and which renewed their courage and resolve. The second time, when the two groups stood facing each other on the battlefield itself, their number was shown to Muslims as being small. The event mentioned in verse 43 relates to the dream and that in verse 44 to a state when they were wide awake.

Sayyidna ` Abdullah ibn Masud ؓ says: In our sight, the army facing us looked as if - as I said to the man next to me - these people would be ninety in number. That man said: No, they must be a hundred. Verse:44 Commentary In the last verse, along with this, it has also been mentioned: وَيُقَلِّلُكُمْ فِي أَعْيُنِهِمْ (and reduced your number in their eyes - 44). This could also mean that Muslims were, in reality, already few in number, thus, what was shown to disbelievers was their number as it was. And it could also mean that the number shown to them was much reduced than it really was - as it appears in many narrations that Abu Jahl on seeing the Muslim 'army' said to his compatriots: The number of these people does not seem to be any more than the number who would eat a camel as their daily ration. In Arabia of those days, the measure used to find out the number of men in an army was to first guess the number of animals slaughtered for their meals. One camel was understood to be sufficient to feed one hundred people. Right here on this battle site of Badr, the Holy Prophet صلى الله عليه وسلم in his effort to find out the number of men in the army of the Quraysh of Makkah, had asked some local people: How many camels are slaughtered in their army camp every day? The answer given to him was: Ten camels daily. This led him to estimate the number of men in their army as being one thousand. In short, the total number of Muslims was shown as being one hundred in the sight of Abu Jahl. Here too, the wisdom of showing them in a reduced number was that the awe of Muslims may not so adversely affect the hearts of disbelievers ahead of the actual confrontation that they bolt from the battlefield itself.

Special Note

From this verse, we also find out that there are occasions when, as a matter of miracle and supernatural happening, optical observation may prove incorrect - as it transpired here.

For this very reason, the statement: لِيَقْضِيَ اللَّـهُ أَمْرً‌ا كَانَ مَفْعُولًا (so that Allah might accomplish what was destined to be done - 44) was repeated here. It means that the Divine marvel and the phenomenon of super-imposition on optical observation was manifested for the reason that the will of Allah stands accomplished right upto the end, that is, by giving Muslims victory despite their lack of numbers and materials, the central objectives of this war, that is, the veracity of Islam and the expression of unseen Divine support, should be fully achieved and established for ever.

At the end of the verse, it was said: وَإِلَى اللَّـهِ تُرْ‌جَعُ الْأُمُورُ‌ (And to Allah all matters are returned - 44). It means that He does what He wills and He commands as He wills. He can make a minority overcome a majority and weakness overtake strength. He may make less become more and more become less.