Alhassanain(p) Network for Heritage and Islamic Thought

Volume 3: Surah Baqarah, Verse 187

حِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَىٰ نِسَائِكُمْۚ هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّۗ عَلِمَ اللَّـهُ أَنَّكُمْ كُنتُمْ تَخْتَانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنكُمْۖ فَالْآنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّـهُ لَكُمْۚ وَكُلُوا وَاشْرَبُوا حَتَّىٰ يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِۖ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِۚ وَلَا تُبَاشِرُوهُنَّ وَأَنتُمْ عَاكِفُونَ فِي الْمَسَاجِدِۗ تِلْكَ حُدُودُ اللَّـهِ فَلَا تَقْرَبُوهَاۗ كَذَٰلِكَ يُبَيِّنُ اللَّـهُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ ﴿١٨٧﴾

It is made lawful to you on the night of the fast to go in unto your wives; they are an apparel for you and you are an apparel for them; Allah knew that you were acting unfaithfully to yourselves, so He has turned to you (mercifully) and forgiven you. Wherefore, now be in contact with them and seek what Allah has written for you, and eat and drink until the white thread becomes distinct unto you from the black thread (of night) at dawn‑break, then complete the fast until night. And associate not with them while you are confined in the mosque. These are the limits (prescribed by) Allah; therefore, draw not yourselves near them. Thus does Allah make clear His signs for the people, so that they may guard themselves (against evil). (187)

COMMENTARY

Qur'an: It is made lawful to you on the night of the fast to go in unto your wives:

Ihlal means to allow; its root ishall (to open, which is opposite ofaqd (to tie)Rafath literally means to say clearly such words, which are generally unmentionable, which are normally only hinted at; such words are usually uttered during sexual intercourse. Now, this “uttering unmentionable words” has been used as metaphor of the sexual intercourse; and this is the nobility of the exalted Qur'an. And all words used for this meaning in the Qur'an are of the same type; none were made for copulation, all are used as a metaphor, like mubashirah (to be in contact with each other,dukhul (to enter),mass orlams (to touch), ityan (to come to),qurb (to be near), etc. The same is the case of the words,wa 't ' (to press down) andjima' (to come together) which are used in Islamic books other than the Qur’an, although some of these words have been so much used for this meaning that now they are no longer metaphoric. The words,farj (an opening), andgla'it (the depth) which are, now commonly used for “vulva” and “excrement” respectively, are the other examples of this type. It is said that the preposition ila coming here after rafath gives the meaning of entering into.

Qur’an: they are apparel for you and you are apparel for them:

Libas means what a man uses to cover his body. The two sentences are used figuratively, because each spouse restrains the other from unchastity, and protects society from debauchery. Thus each one is like apparel for the other with which he/she covers his/her shame and protects his/her privacy.

It is a very fine metaphor, and its literary value has been increased by putting it after the sentence, It is made lawful to you . to go in unto your wives. A man hides his private parts from others with his dress, but there is no hiding from the dress itself. Likewise, each spouse protects the other one from having sexual relations with others; but there is no restriction on them against such relations with each other.

Qu’ran Allah knew that you were acting unfaithfully to yourselves, so He has turned to you (mercifully) and forgiven you.

Ikhtiyan and khiyanah are synonymous; and it is said that they convey the meaning of defect, decrease. You were acting unfaithfully conveys the meaning of continuity; and it shows that this unfaithfulness commonly continued among the Muslims after the command of the fast had been promulgated; and they were sinning against Allah secretly by being unfaithful to their own souls. Had not this unfaithfulness been a sin, there would have been no need to mention turning to them mercifully and forgiving; and although these two words do not say openly that a sin had already been committed, still their most obvious meaning shows a preceding sin, especially when both are mentioned together.

Accordingly, the verse proves that before its revelation, sexual intercourse in the nights of the fast was forbidden; and that it was this verse which made it lawful and abrogated its prohibition, as has been stated by a group of the commentators of the Qur’an. As a further proof, look at the words, It is made lawful to you. You were acting unfaithfully, so He has turned to you (mercifully) and forgiven you and Wherefore, now be in contact with them. Had there been no previous prohibition, such words would have been out of context; instead there would have come the words like “there is no blame on you that you be in contact with them”.

Some people say: “This verse does not abrogate any rule, because the verse of fasting mentioned earlier did not prohibit intercourse or food or drink in the night. Apparently, according to some Sunni traditions, when the fast was prescribed and the words were revealed, Fast has been prescribed for you as it was prescribed for those before you refers to the fast per se, and not meant total conformity in all the details of fast. It is said that the Christians used to eat, drink and go to their women during the early period of the night, then abstained from it. So the Muslims adopted the same system. But it proved difficult. Many youths could not restrain themselves from secret sexual intercourse, but they thought that they were committing a sin and acting unfaithfully to themselves. Likewise, aged persons found it a heavy burden to abstain from eating and drinking once they began their sleep. Sometimes someone could not keep his eyes open before eating and drinking and then thought that food and drink was unlawful for him. It was to remove this misunderstanding that this verse was revealed; it made it clear that sexual intercourse, food and drink was not unlawful for them during the night of Ramadan. This verse also made it clear that the comparison in as it was prescribed for those before you refers to the fast per se, and not to its details. The words It is made lawful to you do not necessarily mean that 'this was unlawful before that; it simply declares legality of this action. See, for example, the words: The game of the sea is made lawful to you(5:96) ; as it is known that the game of the sea was not unlawful to the pilgrims before the revelation of this verse, Likewise, the words Allah knew that you were acting unfaithfully to yourselves means that they were doing wrong according to their own view only. That is why Allah said “unfaithfully to yourselves”. Had He said “unfaithfully to Allah”, it would have conveyed the meaning of prohibition, as, for exam­ple, in the verse: Be you not unfaithful to Allah and the Apostle(8:27) . Also the word ikhtiyan maybe taken to mean “curtail” or “decrease” and the sentence may be translated, as “Allah knew that you were curtailing your desires”. The words He has turned to you (mercifully) and has forgiven you do not clearly convey the idea that sexual intercourse was a sin before that.

But this argument is not conclusive, because it goes against the clear meaning of the verse. We have already said that the words like It is made lawful to you; you were acting unfaithfully to yourselves, He has turned toward you (mercifully) and forgiven you do not say openly that a sin had already been committed; still, this is their most obvious implication. Add to it the words now be in contact with them which would be inappropriate if there were no previous prohibition, as I have explained earlier.

The argument, that “this verse does not abrogate any rule because the verse of fasting did not prohibit sexual intercourse in the night”, is not valid because that verse did not prohibit it clearly for the day time also. It is known that the Messenger of Allah had explained the rules of fasting before this verse was revealed, Perhaps the prohibition of sexual relations during the night was one of those rules; and the verse abrogated it. So this verse cancels not another verse, but a tradition of the Prophet (s.a.w.a.).

Someone may object: The words they are an apparel for you and you are an apparel for them have been used as the reason for this permission. Now, the husband and wife were the apparel to each other when, supposedly, copulation at night was forbidden and they remained like the apparel when that prohibition was supposedly lifted. So where, in these words, is the reason for the supposed abrogation if they are equally true in both conditions before abrogation and after abrogation? We know that the reason given for a rule of the shari'ah is mostly its benefit, and not necessarily its real causes. And as a benefit, it need not be fully comprehensive. Still, in a supposedly abrogating verse at least it should not be common to both conditions.

But deep consideration of the verse does not sustain this objection. It is not acceptable that this sentence is the reason of this permission, The permission in this verse is limited to the night of the fast, while the simile of apparel is as much true during the day as in the night. So, it cannot be the reason of that permission.

The fact is that the three clauses in this verse coming one after the other, and all taken together, give us the reason for this abrogation. They are on the night of the fast, they are an apparel for you and you were acting unfaithfully to yourselves.

As the spouses are like apparel to each other they should be allowed to establish sexual relations together without any restriction. Then came the commandment of the fast, without demanded self‑denial and abstention from desires, like food, drink and sexual relations. But the servants of Allah found it difficult to abstain for a full month from copulation, and this unfaithfulness was common and continued. Therefore, Allah in His mercy eased the conditions and lightened their burden by allowing it during the night.

In this way, the general implication of the sentence of apparel is made subordinate to the fast; and thus is limited to the night­time only (when there is no fast).

In short, the sentence of apparel is not a reason for this permission; rather it is the reason or benefit of copulation per se. The main aim of the whole verse is to explain why copulation was allowed in the night of fast. And the sentence beginning with they are an apparel and ending on forgiven you taken together show this reason, not any single sentence alone. And this reason is not found in the rule which was followed before this permission.

Qur’an: Wherefore, now be in contact with them and seek what Allah has written for you:

This is an order preceded by prohibition; thus it means permission. The verse begins with the words, It is made lawful to you. The meaning, therefore, is, “from now on you are allowed to establish sexual relations with them”. Ibtigha means 'to seek', 'to desire'. Seek what Allah has written for you means seeking the children which Allah has written to give to the mankind. Allah created in human being the desire to copulate and made it the means of that gift (of children) and to some extent put them under the pressure of that desire. When a couple engages in that action, they are in reality seeking what Allah has written for them, even if at that time their only aim is to satisfy their sexual desire or lust. It is like taking food and drink. Allah had written that their lives, growth and health depend on food and drink, and that remains the goal of nature even when they, at that particular time, do not look further than satisfying their hunger and thirst or to pamper their gustatory pleasure. This is the compulsion put on them by Allah in all such matters.

It has been said: What Allah has written for you means “what Allah has allowed to you”; and the implication is that they should take advantage of this permission. Allah likes His servants to take advantage of His permission, as He likes them to obey His compulsory commandments.

But his view is not acceptable, because we have not seen a single instance in the Qur’an where “writing” is used for 'permission'.

Qur’an: and eat and drink until the white thread becomes distinct unto you from the black thread (of night) at dawn‑break:

There are two dawns: the first is called the 'false' dawn because it vanishes in a short time. It is also called the tail of the wolf because it looks as if a tail is raised. This false dawn is a beam of light like‑a vertical column; it appears at the end of the night on the eastern horizon when the sun reaches an angle of 18 degrees below the horizon. Then it gives way to a horizontal line of light which looks as if a white thread has been stretched on the horizon. This is the second dawn. It is called 'true' dawn because it truthfully announces the arrival of day‑time and is connected with sunrise.

Obviously, the white thread in this verse means the “true dawn”; and “at”(min) , in “at dawn‑break”(mina’l‑fafri) , is explanatory so as to clarify this phrase. This sentence is metaphorical and it likens the streak of light, stretched across the horizon, to a white thread and the darkness of night adjoining that light to a black thread.

This shows that the limit of the given permission is exactly the beginning of the true dawn; because soon after, when the sun comes nearer to the horizon, both threads disappear. There remains neither the white thread nor the black.

Qur'an: Then complete the fast until night:

As the start of the fast was from the dawn‑break, there was no need to say, 'keep the fast during daytime'. Instead its other limit is now mentioned in these words.

Complete the fast shows that the fast of one day is one unit, a single act of worship which is not made up of a various parts. There is a difference between completion(tamam) and perfection(kamal) . Completion(tamam) the word used in this verse, means that a single thing (which is not made of such parts which may have separate functions) finally comes into being. Perfection(kamal) , means that a single thing (which has various parts and every part has a separate function) finally comes into being. Allah says: This day I per­fected(akmaltu) for you your religion and completed(atmamtu) My favor on you(5:4) . The religion is a collection of various things like prayer, fast,hajj etc. and all these have a separate effect; therefore, the religion was “perfected”, But the favor of Allah is the one thing without any parts (as I will explain under that verse); therefore, it was “completed”.

Qur'an: And associate not with them while you are confined in the mosques:

ukuf and I’tikaf both mean “to keep close to”. When used with the name of a place, they mean to remain continuously in that place. I’takaf is an act of worship. When in i'tikaf one must remain inside a mosque, not going out without a genuine reason (e.g. to relieve oneself); and fasting is an essential part of this act of worship.

As the Muslims were given permission to have sexual relations with their wives in the night of fast, there was a possibility that they might think that that permission extended to the nights of i'tikaf also, when they were inside a mosque. This sentence remov­ed the chance of any such misunderstanding.

Qur'an: These are the limits (prescribed by) Allah; therefore, draw not near them:

Hadd (limit) literally means “to keep from”, “to restrict”. All its uses carry this meaning; for example, haddu's­sayf (edge of sword),Waddu 'd‑dar (boundary of the house),haddu l‑fuilir (punishment of immorality) etc. Therefore the phrase,huddu ‘l-fujur mentioned in the verse, means, the “restrictive ordinances of Allah” and the command not to go near them figuratively means not to commit that sin. In short, it says: you should not commit the sins mentioned here, i.e., eating, drinking and copulating during the prohibited hours; you should not trespass beyond the limits ordained for you; you should not neglect the fast or the guarding of yourselves against evil in the period of that special worship.

TRADITIONS

As Sadiq (a.s.) said: “Food and copulation were unlawful in the month of Ramadan at night after sleeping.” (That is, if one prayed the prayer of al‑'Isha' and slept without breaking one's fast, then, he was not allowed to eat or drink even if he awoke later in the night. And sexual intercourse was unlawful in the month of Ramadan both in the day and in the night.) There was a companion of the Messenger of Allah, Khawwat ibn Jubayr al‑Ansari. Be was brother of Abdullah ibn Jubayr, who in the battle of Uhud, was deputed by the Messenger of Allah at the mouth of the mountain‑pass with fifty archers; most of them left him, but he remained at this station with only twelve soldiers and was martyred there. His brother Khawwat ibn Jubayr, was an aged and weak person, and was fasting with the Messenger of Allah in the battle of theKhandaq (Trench). In the evening he came to his house and asked: “Do you have an~ food?' They said: “Do not go to sleep; we shall prepare some food for you.” There was some delay in cooking and he was overcome with sleep before breaking his fast. When he woke up he said to his family: “Now eating is forbidden to me tonight.” Next day, he presented himself at the Khandaq and fainted. The Messenger of Allah looked at him and felt pity for him. Also, there were some youths who had secretly indulged in sexual relations at night in the month of Ramadan. Therefore Allah sent down (the verse); It is made lawful to you on the night of fast to go in unto your wives Thus Allah allowed sexual relations during the nights of the month of Ramadan, and eating after going to sleep up to the dawn‑break, as He said, until the white thread becomes distinct from the black thread (of night) at dawn‑break. The Imam said: “It means the whiteness of the day from the darkness of the night.”[at-Tafsir, al‑Qummi]

The author says: The sentences (given in bracket), starting with “That is” and ending upto “both in the day and in the night”, are explanatory notes of the narrator of this tradition.

This episode is narrated in other traditions also, by al‑Kulayni, a1‑'Ayyashi and others. All these traditions say that the words, eat and drink were revealed because of the event of Khawwat ibn Jubayr al‑Ansari; and the words It is made lawful to you … were revealed because of the secret doings of some Muslim youths.

There is another tradition in ad‑Durru l‑manthur from various commentators and traditionalists from Bara ibn 'Azib who said: “It was the custom among the companions of the Prophet (s.a.w.a.) that if someone fasted and the time ofIftar (breaking the fast) came but he went to sleep before breaking his fast, he did not eat that night and fasted the next day without eating anything, till the next evening came. Once Qays ibn Sarmah al-Ansari fasted, and that day he had been working in the field. The time came for breaking the fast and he came to his wife and asked: 'Do you have any food? He could not keep awake and went to sleep. When his wife returned and found him sleeping she said: 'Woe unto you! Did you go to sleep? In the noon of the next day, he fainted. This was reported to the Prophet (s.a.w.a.). Then this verse was sent down: It is made lawful to you on the night of the fast . at dawn‑break. And the Muslims were extremely happy at it.”

The author says: This story is narrated by other chains also. In some of them the name is given as Abu Qubays ibn Sarmah; in others, Sarmah ibn Malik al‑Ansari. There is some variation in the story also.

Ibn Jarir and Ibn al‑Mundhir have narrated from Ibn 'Abbas, as follows:‑ “The Muslims were forbidden (sexual relations with) women and food in the month of Ramadan once they had prayed the prayer of al‑'isha', fill the next evening. But some of them ate food and had sexual intercourse with women after the al-isha one Ramadan; one of them was 'Umar ibn al‑Khattab. Then they complained about it to the Messenger of Allah. Therefore Allah sent down the verse, It is made lawful to you‑ be in contact with them.[ad‑Durru l‑manthur]

The author says: There are numerous traditions from Sunni chains about this matter; most of them mention the name of 'Umar. All say with one voice that the rule about sexual intercourse in the night of Ramadan was the same as that about food and drink: All of these were allowed before the sleep, forbidden after it. But the obvious meaning of the first tradition is that the sexual intercourse was completely forbidden in the month of Ramadan, during the night as well as in the daytime; and the food and drink were allowed before sleeping, forbidden after that. And the context of the verse supports this tradition. Had the sexual relation been like food and drink (allowed before sleeping an forbidden after) it would have been necessary to mention here the farthest limit of the permission, as was done about food and drink (eat and drink until the white thread becomes distinct... ) But it only says: It is made lawful to you on the night of the fast to go in unto your wives, without putting any limit to it. It shows that previously they were forbidden to indulge in this act the whole “night of the fast”.

Some traditions say (and the one quoted last is one of them) that the Muslims were acting unfaithfully not only in the matter of sexual relations, but also in food and drink. But the sequence of the sentences of the verse does not support it. The sentence, Allah knew that you were acting unfaithfully... is put in the middle of the permission for sexual relations and the words eat and drink appear after this topic has ended, Therefore the “acting unfaithfully” cannot be connected with eating and drinking.

Verily, the Messenger of Allah said: “The dawn is of two kinds. The one which looks like the tail of the wolf does not allow anything, nor prohibits anything. But the long one which covers the horizon allows the prayer (of dawn) and prohibits food.”[ad‑Durru l‑manthur]

The author says: The traditions of this meaning are nearly mutawatir from Sunni and Shi'ah sources; as are the ones about i’tikaf and prohibition of sexual intercourse in that period.

Volume 3: Surah Baqarah, Verse 188

وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ ﴿١٨٨﴾

And do not swallow up your property among yourselves by wrongful means; neither seek to gain access thereby to the authorities, so that you may swallow up a portion of the property of men wrongfully while you know (188)

COMMENTARY

Qur'an: And do not swallow up your property among yourselves by wrongful means.

Akl (to eat, to swallow up ) metaphorically means 'to take hold of, or to make use of'. The reason of this metaphorical use is that eating is the most common and the earliest natural desire; as soon as his life begins, man feels the need of food and then gradually proceeds to other needs like clothing, habitation and marriage, etc. Acquiring food is his first natural action and willful doing. That is why if one uses or takes a thing it is said one has eaten it, and especially so in the case of wealth and property. And this figure of speech is common to all languages.

Mal (wealth, property) literally means the possession which is desired. It seems that its root ismayl (inclination, desire, bent), because it is one of those things to which the heart is inclined, which it desires.Baynakum (among yourselves,(bayn) means the gap between two or more things.Wrong (batil) is opposite of truth(haqq) haqq means a thing which is confirmed.

The proviso among yourselves added after the command do not swallow up your property shows that wealth is for all the people; but Allah has distributed it among them ‑ a just distribution ‑ by promulgating laws based on justice and equity, which cut at the roots of corruption and immorality. If anybody trespasses the limits put by these laws, it will be invalid and wrong. This verse, in a way, explains the verse: He it is who created for you all that is in the earth(2:29) .

Your property(amwalakum) , History and ancient tradition show that ever since man put his foot on this globe, society has recognized the right to property and upheld it in one way or other. By using this possessive pronoun, Allah confirms this right. This principle has been mentioned in the Qur’an in more than a hundred places, in various words like dominion(mulk) property(mal) , the preposition for(L) used for possession, and istikhkaf (to make man Allah’s deputy on earth); but there is no need to quote the references here. Likewise all the verses which regulate selling, trade and other commercial dealings implicitly recognize this right. example: and Allah has allowed trading(2:275) , do not swallow up your. Property among yourselves by wrongful means, except that it be trading by your mutual consent(4:29) , and the trade dullness of which you fear(9:25) and other such references. And mutawatir traditions support it.

Qur’an: neither seek to gain access thereby to the authorities, so that you may swallow up a portion of the property of man wrongfully while you know.

Idla (translated here as “to gain access”) literally means to send the bucket(dalu) down into the well for drawing water. Its metaphorical use in this verse implies offering money, etc., to the authorities to induce them to give judgment in favor of the bribe‑giver. It is a very nice allegory. The desired judgment is the water in the depth of the well; the bribe is the bucket which is sent down to bring the desired result.

A portion(fariqan) It is a part separated from the whole.

This sentence is in conjunction with the word swallow up; therefore, grammatically it is a prohibitory verb, and hence the sign of quiescence.

Another possibility: The “and”(wa) (the conjunction word not appearing in the above translation) may be taken to mean “with”(ma’) , and further it may be presumed that after it, the word that(inna) is implied. In this case the whole verse will be one sentence and will mean: “. . by wrongful means with seeking to gain access. .” Thus, the verse prohibits the mutual understanding between the bribe‑giver and bribe‑taker so that they wrongfully swallow up the property of the people by sharing it between themselves – the bribe‑taker taking the portion which has been offered to him, and the giver usurping the other portion ‑ while they know that it is wrong and unjust.

TRADITIONS

In a tradition, as-Sadiq (a.s.) says about this verse: “The Arabs used to gamble with their wives and property. So, Allah prohibited them to do so.”[al-Kafi]

Abu Basir says: “I asked Abu 'Abdullah (a.s.) the meaning of the words of Allah in His book: and do not swallow up your property among yourselves by wrongful means; neither seek to gain access thereby to the authorities. He (the Imam) said: 'O Abu Basir! Verily Allah knew that there would be in this ummah judges who would do injustice. Verily, He did not mean (here) judges of a just authority, but He meant those of an unjust authority. O Abu Muhammad! (i.e. Abu Basir) If you had a right against someone and you summoned him to the judges of a just author­ity, but he did not agree to it and compelled you to put your case before the judges of an unjust authority, so that they might decide in his favor, then that man would be among those who had resorted to the Judgment of the taghut (Satan). And it is the word of Allah: Have you not observed those who think that they believe in what has been sent down unto you and what was sent down before you? They intend to resort to the Judgment of taghut (Satan), though they were commanded to deny (reject) him(4:60) ' “[ibid.]

There is a tradition from Abu Ja'far (a.s.): “The meaning of 'wrongful means' is the false oath with which property is usurped.”[Majam u l-bayan]

The author says: All the above traditions give some examples, but the verse is general.

Discourse on Social Science

All organic things, vegetable, animal and human beings make use of other things to sustain their lives. They actively take advantage of those surrounding things which may help in their continued existence.

We have never heard of a thing which exists but is not active, or an action which is done without the doer expecting its benefit to return to him. Remark the vegetable kingdom which does whatever it does with the single aim of benefiting from it in its existence, growth, and reproduction. Similarly, all animals and human beings do whatever they do with the aim of getting benefit one way or another, even if that benefit be only in the imagination and thought.

Plants have been taught by the Creator, and animals and men know by their instinct that they cannot use any material for the fulfillment of their natural needs and the protection of their existence unless that material has a very special relation to them; in other words, unless it belongs to them. They know that one deed cannot be done by two doers. Accordingly, man and animal etc. prohibit others from interfering in their affairs and do not allow anything to utilize what they want to utilize for themselves. This is the foundation of this special relation ‑ namely, possession which is recognized by one and all. Hence the words 'my', 'your', etc. etc.

For a further proof, look at any animal fighting to remove others from its territory, its prey, or its mate. Again, see children quarrelling for, and defending, whatever food, or toy, they have got. Even a suckling infant does not allow another infant to suck at the same breast. This is the lesson taught by nature. When man, being a social animal, established society, that natural instinct was bound to become more pronounced; and eventually became a well‑organized and well balanced system that took the shape of social ethics and moral values; gradually the basic concept of that special relation branched off into various kinds with different names: the monetary relation was named 'property', the non-monetary, 'right', and so on.

Human beings may have different views on the legality of various means of acquiring property, like inheritance, trade, confiscation by the ruling authority, etc., or on the suitability of the owner, whether he is adult or minor, sane or idiot, a single person or a group, and so on. But there is no escape from recognizing the basic principle of ownership. That is why even those who apparently reject the idea of ownership, have only transferred it from the individual to the society or the state.

Even then, they have not been able to abolish private ownership totally; and they will never be able to do so, because it is the verdict of nature, and if nature. is rejected, man will perish.

We shall discuss, God willing, in their proper places the details of this basic principle, according to the means of its acquirement, such as trade, profit, inheritance, war‑booty, collection, etc. and according to the status of the owner, Le. adult or minor, etc.

Volume 3: Surah Baqarah, Verse 189

يَسْأَلُونَكَ عَنِ الْأَهِلَّةِ ۖ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ ۗ وَلَيْسَ الْبِرُّ بِأَن تَأْتُوا الْبُيُوتَ مِن ظُهُورِهَا وَلَـٰكِنَّ الْبِرَّ مَنِ اتَّقَىٰ ۗ وَأْتُوا الْبُيُوتَ مِنْ أَبْوَابِهَا ۚ وَاتَّقُوا اللَّـهَ لَعَلَّكُمْ تُفْلِحُونَ ﴿١٨٩﴾

They ask you concerning the new moons. Say, they are (indications of) times fixed for men and (for) the pilgrimage. And it is not righteousness that you should enter the houses from their backs; but righteousness is the one who guards himself (against evil); and enter the houses by their doors and fear Allah, so that you may be successful (189).

COMMENTARY

QUR'AN: They ask you the pilgrimage:

Ahillah is plural ofhilal (crescent). The moon is calledhilal at the beginning of the lunar month when it comes away from the direct rays of the sun; it is named crescent(hilal) on the first and second nights according to one group, while some others say that it is named so for the first three nights; still others say that this name continues until a faint circle of light shows the outline of the moon. A fourth group says that is a “crescent” until its light brightens the night; this occurs on the seventh night, after which it is simply called moon(qamar) and on the fourteenth night it becomes full noon(badr) . Its general name in Arabic iszibriqan .

The Arabs sayistahalla 's‑sabiyy when the newly born child cries soon after birth. Also they say ahalla 'I‑qawmu bi l‑hajj when the pilgrims call out loudly labbayk Allahumma labbayk. Thus the root H‑L‑L gives the idea of raising one's voice, and the new moon is calledhilal because people hail it and raise their voice to point it out. Mawaqit is plural of miqa which means the time appointed for a work. It also means the place appointed for it, as we say: The miqat of the Syrians or the Yemenis, which means the place where they wear the robes of ihram for pilgrimage. In this verse it has the first meaning, i.e., the appointed time.

They ask you concerning the new moons. It does not say what the question was. Some say that they wanted to know the reality of the moon and why it appeared in different shapes from night to night. Others think that they wished to know the reason for the reappearance of the new moon after its disappearing at the end of the month.

But the word used isahillah (new moons) in the plural, and it proves that the question was not about the reality of the moon or its various phases; because in that case it would have been appropriate to say “they ask you concerning the moon” not “the new moons”. And if the question was about the reason of the new moon, the proper words would be “they ask you concerning the new moon”. In both cases the use of the plural would be inappropriate. This plural “new moons” proves that the question was: What is the reason or benefit of the appearance of the moon as crescent after crescent and of its marking the lunar months? This question was shortened into “new moons” because it is the new moon which starts a new month; and then its benefit was explained.

This question may be inferred from the reply: say they are (indications of) times fixed for men and (for) pilgrimage. The times fixed for various actions and activities are the 'months', and not the various shapes of the moon but about the lunar months which are marked by the new moons. And Allah explained that these months were the times fixed for the benefit of man in affairs of their material and spiritual lives. Man, by his nature, is obliged to measure all his activities by time. It was, therefore, necessary to divide time (which is the yard‑stick of his actions) into various short and long portions. The mercy of Allah which looks after the affairs of His creatures, and guides them towards the betterment of their lives, effected this division‑ by‑ creating night, day, month, season and year etc. The most obvious and the clearest division is the grouping of the days in the lunar months. Everyone may benefit from it, be he a scholar or an ignorant person, a Bedouin or a city‑dweller; everyone can observe the beginning of the new moon if his eyesight is correct; and everyone may easily keep its count. These benefits are conspicuously absent in the solar calendar: man did ' not wake to this idea, arid could not come to grips with its complicated reckoning, until many centuries after human society came into being. Moreover, not every one can always know the dates of the solar calendar.

Therefore, the lunar months are the times fixed and pres­cribed for men for their use in their material and spiritual affairs, and especially so for thehajj (pilgrimage) because it is performed in the known months.

Thehajj (pilgrimage) has especially been mentioned here as an introduction to the topic which is dealt with in the following sentences.

Qur'an: And it is not righteousness by their doors.

It is known from the reports that in the days before Islam it was the custom of some Arabs that after Wearing the robes of ihram for pilgrimage, if they had to enter their houses for any reason, they did not use the doors, but cut a hole in the wall for that purpose. Islam disapproved that practice and told them to enter the houses from their doors. The verse has been revealed in a way that the above‑mentioned report may be believed to be true.

Had there been no such reliable report, these words could be interpreted metaphorically as a prohibition of performing religious rites in any way other than the prescribed one. For example, pilgrimage should not be done but in its prescribed months, fast should not be kept in any month other than Ramadan, and so on. In that case, the sentence would have been complementary to the previous one. The meaning would have been: These months arc the times prescribed for the religious deeds fixed for them, and it is not permitted to transfer those deeds to other months, like doinghajj (pilgrimage) outside the prescribed months or fasting in a month other than Ramadan.

But the first interpretation is supported by the traditions. The words, it is not righteousness to enter the houses from their backs, proves that this practice was never approved of by the religion; otherwise it would not have been said to be against righteousness. It was just a bad custom of the pre‑Islamic times; and Allah said that it was not righteousness. Rather, righteousness was the fear of Allah and guarding oneself against evil.

but righteousness is the one who guards himself (against evil): Apparently, the sentence should have been “but righteousness is guarding oneself (against evil)”, but Allah used the expression the one who guards himself to show that the real virtue is in practicing “piety”, and not in its abstract idea. It is like the verse: It is not righteousness that you turn your faces towards the east and the west but righteousness is the one who believes in Allah(2:177)

and enter the houses by their doors: It is not a compulsory order; it is a guidance that entering into houses from their doors is the proper method, as it is the usual and recognized way. People build houses and put doors in them for this very purpose, and there is no reason why a hole should be drilled for entering into, or going out of, the house. This sentence admonishes them not to follow a foolish custom which goes against common sense. In short, the sentence does not say that it is obligatory on every one to enter into a house through the door. It just tells them that it is the proper way. Of course, if one enters into a house by a way other than the door, thinking that this custom is a part of religion, then it will be an “unlawful innovation”.

Qur'an: and fear Allah, so that you may be successful.

It was mentioned in the beginning of this surah (chapter) thattaqwa (piety) is virtue which gathers in its fold all ranks of the faith and all stages of perfection. Obviously, not every stage and rank leads one to spiritual success and happiness, as do the last stages which remove all shades of polytheism and misdirection. It is these last stages which guide one to success and bring the good tidings of happiness. That is why Allah said, so that you may be successful, using the word 'may'.

Also, it is possible to interpret the words, “fear Allah”, here as following this particular order, and discarding the practice of going into houses from their backs.

TRADITIONS

Ibn Jarir and Ibn Abi Hatim have narrated from Ibn 'Abbas that he said: “The people asked the Messenger of Allah (s.a.w.a.) concerning the new moons. Then this verse was revealed, They ask you concerning the new moons. Say, 'they are (indications of) times fixed for men'; they know from them the time their loans are due, the waiting period (number of months a women must wait after divorce or the death of her husband before the next marriage) of their women and, the time of their pilgrimage.”[ad­Durru 'I‑manthur] Some others from different chains are from Abu 'l‑'Aliyah, Qatadah and others.

There is another tradition that someone asked the Prophet about the various phases of the moon; so this verse was sent down. But we have already commented on this report that it is against the apparent meaning of the verse, and, therefore, is not worthy of consideration.

There is a tradition reported by Waki', al‑Bukhari and Ibn Jarir from al‑Bara'. In the days of “ignorance”, when they wore the ihram, they used to go into the house from its back. Therefore, Allah sent down the verse And it is not righteousness that you should enter the houses from their backs; but righteousness is the one who guards himself (against evil); and enter the houses by their doors.[ad‑Durru l‑manthur]

There is another tradition reported by Ibn Abi Hatim and al‑Hakim (and he has said that it is “correct”) from Jabir. He said: “The Quraysh were called hums (enthusiastic, strenuous), and they used to enter by the doors in the condition of ihram. The ansar (helpers) and other Arabs did not enter from the door in ihram. Once the Messenger of Allah (s.a.w.a.) was in a garden, and came out from its door, and Qutbah ibn 'Amir al‑Ansari came out with him. The people said, 'O Messenger of Allah!

Verily Qutbah ibn 'Amir is a sinner, he came out with you from the door.' The Prophet asked him: 'Why did you do so?' He replied: 'I saw you doing it, so I did as you did.' The Prophet said: 'I am an ahmas (i.e. Qurayshite).' He said: 'But my religion is your religion. Then Allah sent down: it is not righteousness that you should enter the houses from their backs.[ibid]

The author says: Other traditions of nearly the same meaning have been narrated from other chains. Hums is the plural of ahmas from himsah which means “hardiness”. The tribe of Quraysh was called hums because of their zeal in the matter of their religion, or because of their bravery and strength.

Apparently, this tradition shows that the Messenger of Allah (s.a.w.a.) had allowed the continuation of that custom by non-Qurayshites before this incident; and that is why he admonished him in these words: “Why did you do so?” If we accept this view then this verse was revealed to abrogate a rule which was enforced not by a verse but by the order of the Prophet. But you already know that the verse does not support this view. It says, it is not righteousness that you should enter . It is unimaginable that Allah or His Apostle on divine command enforced a rule and then Allah at the time of its abrogation condemned and criticized it as being against righteousness.

al-Baqir (a.s.) said about the word of Allah, and enter the houses by their doors: “Allah means that every affair, whatever it may be, should be approached in its (proper) way”.[al‑Mahasin]

as-Sadiq (a.s.) said: “The Imams(al‑awliya) are the doors of Allah, from which Allah is approached; and had they not been there, Allah would not have been known; and it is through them that Allah has established His proof over His creatures.”[al‑Kafi]

The author says: This tradition gives an example of the general meaning of this verse, which has been explained in the previous one. There is no doubt that the verse is general in its meaning, even if it was sent down on a particular occasion. The Imam said: “had they not been there, Allah would not have been known”. This refers to the true explanation of religion and the complete Call (Mission of the Prophet) which are with them. This sentence has a deeper meaning also; maybe we shall explain it later on. There are numerous traditions of the same meaning as given in these two.