Tafsir of Sura Al-Baqarah(The Cow)

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Fasting ends at Sunset


Allah said:


[ثُمَّ أَتِمُّواْ الصِّيَامَ إِلَى الَّيْلِ]

(...then complete your fast till the nightfall.)


This Ayah orders breaking the fast at sunset. It is recorded in the Two Sahihs that `Umar bin Al-Khattab said that Allah's Messenger said:


«إِذَا أَقْبَلَ اللَّيْلُ مِنْ ههُنَا، وَأَدْبَرَ النَّهَارُ مِنْ ههُنَا فَقَدْ أَفْطَرَ الصَّائِم»


(If the night comes from this direction (the east), and the day departs from that direction (the west), then the fasting person breaks his fast.)


It is reported that Sahl bin Sa`d As-Sa`idi narrated that Allah's Messenger said:


«لَا يَزَالُ النَّاسُ بِخَيْرٍ مَا عَجَّلُوا الْفِطْر»


(The people will retain goodness as long as they hasten in breaking the fast.)


Imam Ahmad recorded that Abu Hurayrah narrated that the Prophet said:


«يَقُولُ اللهُ عَزَّ وَجَلَّ: إِنَّ أَحَبَّ عِبَادِي إِلَيَّ أَعْجَلُهُمْ فِطْرًا»


(Allah the Exalted said, `The dearest among My servants to Me are those who hasten in breaking the fast the most.')


At-Tirmidhi recorded this Hadith and said that this Hadith is Hasan Gharib.
 
Prohibition of Uninterrupted Fasting (Wisal)


There are several authentic Hadiths that prohibit Al-Wisal, which means continuing the fast through the night to the next night, without eating. Imam Ahmad recorded Abu Hurayrah saying that Allah's Messenger said:


«لَا تُوَاصِلُوا»


قَالُوا: يَارَسُولَ اللهِ إِنَّكَ تُوَاصِلُ، قَالَ:


«فَإِنِّي لَسْتُ مِثْلَكُمْ إِنِّي أَبِيتُ يُطْعِمُنِي رَبِّي وَيَسْقِينِي»


(Do not practice Al-Wisal in fasting.) So, they said to him, "But you practice Al-Wisal, O Allah's Messenger!'' The Prophet replied, "(I am not like you, I am given food and drink during my sleep by my Lord.) ,So, when the people refused to stop Al-Wisal, the Prophet fasted two days and two nights (along with those who practiced Wisal) and then they saw the crescent moon (of the month of Shawwal). The Prophet said to them (angrily):


«لَوْ تَأَخَّرَ الْهِلَالُ لَزِدْتُكُم»


(If the crescent had not appeared, I would have made you fast for a longer period.)


That was as a punishment for them (when they refused to stop practicing Al-Wisal). This Hadith is also recorded in the Sahihayn.


The prohibition of Al-Wisal was also mentioned in a number of other narrations. It is a fact that practicing Al-Wisal was one of the special qualities of the Prophet , for he was capable and assisted in his practice of it. It is obvious that the food and drink that the Prophet used to get while practicing Al-Wisal was spiritual and not material, otherwise he would not be practicing Al-Wisal. We should mention that it is allowed to refrain from breaking the fast from sunset until before dawn (Suhur). A Hadith narrated by Abu Sa`id Khudri states that Allah's Messenger said:


«لَا تُوَاصِلُوا فَأَيُّكُمْ أَرَادَ أَنْ يُوَاصِلَ فَلْيُوَاصِلْ إِلَى السَّحَر»


(Do not practice Al-Wisal, but whoever wishes is allowed to practice it until the Suhur.)


They said, "You practice Al-Wisal, O Messenger of Allah!'' He said:


«إِنِّي لَسْتُ كَهَيْئَتِكُمْ، إِنِّي أَبِيتُ لِي مُطْعِمٌ يُطْعِمُنِي وَسَاقٍ يَسْقِينِي»


(I am not similar to you, for I have One Who makes me eat and drink during the night.) This Hadith is also collected in the Two Sahihs.
 
The Rulings of I`tikaf

Allah said:


[وَلاَ تُبَـشِرُوهُنَّ وَأَنتُمْ عَـكِفُونَ فِي الْمَسَـجِدِ]


(And do not have sexual relations with them (your wives) while you are in I`tikaf in the Masjids.)


`Ali bin Abu Talhah reported that Ibn `Abbas said, "This Ayah is about the man who stays in I`tikaf at the mosque during Ramadan or other months, Allah prohibited him from touching (having sexual intercourse with) women, during the night or day, until he finishes his I`tikaf.'' Ad-Dahhak said, "Formerly, the man who practiced I`tikaf would go out of the mosque and, if he wished, would have sexual intercourse (with his wife). Allah then said:


[وَلاَ تُبَـشِرُوهُنَّ وَأَنتُمْ عَـكِفُونَ فِي الْمَسَـجِدِ]


(And do not have sexual relations with them (your wives) while you are in I`tikaf in the Masjids.) meaning, `Do not touch your wives as long as you are in I`tikaf, whether you were in the mosque or outside of it'.'' It is also the opinion of Mujahid, Qatadah and several other scholars, that the Muslims used to have sexual intercourse with the wife while in I`tikaf if they departed the mosque until the Ayah was revealed. Ibn Abu Hatim commented, "It was reported that Ibn Mas`ud, Muhammad bin Ka`b, Mujahid, `Ata' Al-Hasan, Qatadah, Ad-Dahhak, As-Suddi, Ar-Rabi` bin Anas and Muqatil said that the Ayah means, `Do not touch the wife while in I`tikaf.'''


What Ibn Abu Hatim reported from these people is the agreed upon practice among the scholars. Those who are in I`tikaf are not allowed to have sexual intercourse as long as they are still in I`tikaf in the mosque. If one has to leave the mosque to attend to a need, such as to relieve the call of nature or to eat, he is not allowed to kiss or embrace his wife or to busy himself with other than his I`tikaf. He is not even allowed to visit ailing persons, but he can merely ask about their condition while passing by. I`tikaf has several other rulings that are explained in the books (of Fiqh), and we have mentioned several of these rulings at the end of our book on Siyam (Fasting), all praise is due to Allah. Furthermore, the scholars of Fiqh used to follow their explanation of the rules for fasting with the explanation of the rules for I`tikaf, as this is the way these acts of worship were mentioned in the Qur'an.


By mentioning I`tikaf after fasting, Allah draws attention to practicing I`tikaf during the month of the fast, especially the last part of the month. The Sunnah of Allah's Messenger is that he used to perform I`tikaf during the last ten nights of the month of Ramadan until he died. Afterwards, the Prophet's wives used to perform I`tikaf as the Two Sahihs recorded from `A'ishah the Mother of the believers. It is reported in the Two Sahihs that Safiyyah, the daughter of Huyai, went to Allah's Messenger to visit him in the mosque while he was in I`tikaf. She had a talk with him for a while, then she got up in order to return home. The Prophet accompanied her back home, as it was night. Her house was at Usamah bin Zayd's house on the edge of Al-Madinah. While they were walking, two Ansari men met them and passed by them in a hurry, for they were shy to bother the Prophet while he was walking with his wife. He told them:


«عَلى رِسْلِكُمَا، إِنَّهَا صَفِيَّةُ بِنْتُ حُيَي»


(Do not run away! She is (my wife) Safiyyah bint Huyai.) Both of them said, "All praise is due to Allah, (How dare we think of any evil) O Allah's Messenger!'' The Prophet said (to them):


«إِنَّ الشَّيْطَانَ يَجْرِي مِنِ ابْنِ آدَمَ مَجْرَى الدَّمِ، وَإِنِّي خَشِيتُ أَنْ يَقْذِفَ فِي قُلُوبِكُمَا شَيْئًا، أَوْ قَالَ: شَرًّا»


(Shaytan reaches everywhere in the human body, that the blood reaches. I was afraid lest Shaytan might suggest an evil thought in your minds.)


Imam Ash-Shafi`i commented, "Allah's Messenger sought to teach his Ummah to instantly eliminate any evil thought, so that they do not fall into the prohibited. They (the two Ansari men) had more fear of Allah than to think evil of the Prophet . Allah knows best.''


The Ayah (2:187) prohibits sexual intercourse and anything like kissing or embracing that might lead to it during I`tikaf. As for having the wife helping the husband, it is allowed. It is reported in the Two Sahihs that `A'ishah said, "Allah's Messenger would bring his head near me (in her room) and I would comb his hair, while I was on my menses. He would enter the room only to attend to what a man needs.''


Allah's statement:


[تِلْكَ حُدُودُ اللَّهِ]


(These are the limits (set) by Allah) means, `This is what We have explained, ordained, specified, allowed and prohibited for fasting. We also mentioned the fast's objectives, what is permitted during it, and what is required of it. These are the set limits that Allah has legislated and explained, so do not come near them or transgress them.' `Abdur-Rahman bin Zayd bin Aslam said, "(Allah's set limits mentioned in the Ayah) mean these four limits (and he then recited):


[أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَآئِكُمْ]


(It is made lawful for you to have sexual relations with your wives on the night of As-Siyam (fasting).) and he recited up to:


[ثُمَّ أَتِمُّواْ الصِّيَامَ إِلَى الَّيْلِ]


(then complete your Sawm (fast) till the nightfall.) My father and other's used to say similarly and recite the same Ayah to us.''


Allah said:


[كَذلِكَ يُبَيِّنُ اللَّهُ آيَاتِهِ لِلنَّاسِ]


(Thus does Allah make clear His Ayat to mankind) meaning, `Just as He explains the fast and its rulings, He also explains the other rulings by the words of His servant and Messenger, Muhammad .' Allah continues:


[لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ]


(to mankind that they may attain Taqwa.) meaning, `So that they know how to acquire the true guidance and how to worship (Allah).' Similarly, Allah said:


[هُوَ الَّذِى يُنَزِّلُ عَلَى عَبْدِهِ ءَايَـتٍ بَيِّنَـتٍ لِّيُخْرِجَكُمْ مِّنَ الظُّلُمَـتِ إِلَى النُّورِ وَإِنَّ اللَّهَ بِكُمْ لَرَءُوفٌ رَّحِيمٌ ]


(It is He Who sends down manifest Ayat to His servant (Muhammad ) that He may bring you out from (types of) darkness into the light. And verily, Allah is to you full of kindness, Most Merciful.) (57:9)


[وَلاَ تَأْكُلُواْ أَمْوَلَكُمْ بَيْنَكُم بِالْبَاطِلِ وَتُدْلُواْ بِهَآ إِلَى الْحُكَّامِ لِتَأْكُلُواْ فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالإِثْمِ وَأَنتُمْ تَعْلَمُونَ ]


(188. And eat up not one another's property unjustly (in any illegal way, e.g., stealing, robbing, deceiving), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.)
 
Bribery is prohibited and is a Sin


`Ali bin Abu Talhah reported that Ibn `Abbas said, "This (Ayah 2:188) is about the indebted person when there is no evidence of the loan. So he denies taking the loan and the case goes to the authorities, even though he knows that it is not his money and that he is a sinner, consuming what is not allowed for him.'' This opinion was also reported from Mujahid, Sa`id bin Jubayr, `Ikrimah, Al-Hasan, Qatadah, As-Suddi, Muqatil bin Hayan and `Abdur-Rahman bin Zayd bin Aslam. They all stated, "Do not dispute when you know that you are being unjust.''
 
The Judge's Ruling does not allow the Prohibited or prohibit the Lawful

It is reported in the Two Sahihs that Umm Salamah narrated that Allah's Messenger said:


«أَلَا إِنَّمَا أَنَا بَشَرٌ، وَإِنَّمَا يَأْتِينِي الْخَصْمُ، فَلَعَلَّ بَعْضَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ فَأَقْضِيَ لَهُ، فَمَنْ قَضَيْتُ لَهُ بِحَقِّ مُسْلِمٍ فَإِنَّمَا هِيَ قِطْعَةٌ مِنْ نَارٍ، فَلْيَحْمِلْهَا أَوْ لِيَذَرْهَا»
(I am only human! You people present your cases to me, and as some of you may be more eloquent and persuasive in presenting his argument, I might issue a judgment in his benefit. So, if I give a Muslim's right to another, I am really giving him a piece of fire; so he should not take it.)


The Ayah and the Hadith prove that the judgment of the authorities in any case does not change the reality of the truth. Hence, the ruling does not allow what is in fact prohibited or prohibit what is in fact allowed. It is only applicable in that case. So if the ruling agrees with the truth, then there is no harm in this case. Otherwise, the judge will acquire his reward, while the cheater will acquire the evil burden.


This is why Allah said:


[وَلاَ تَأْكُلُواْ أَمْوَلَكُمْ بَيْنَكُم بِالْبَاطِلِ وَتُدْلُواْ بِهَآ إِلَى الْحُكَّامِ لِتَأْكُلُواْ فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالإِثْمِ وَأَنتُمْ تَعْلَمُونَ ]
(And eat up not one another's property unjustly, nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.) meaning, `While you know the falsehood of what you claim. ' Qatadah said, "O son of Adam! Know that the judge's ruling does not allow you what is prohibited or prohibit you from what is allowed. The judge only rules according to his best judgment and according to the testimony of the witnesses. The judge is only human and is bound to make mistakes. Know that if the judge erroneously rules in some one's favor, then that person will still encounter the dispute when the disputing parties meet Allah on the Day of Resurrection. Then, the unjust person will be judged swiftly and precisely with that which will surpass whatever he acquired by the erroneous judgment he received in the life of this world.''


[يَسْـَلُونَكَ عَنِ الأَهِلَّةِ قُلْ هِىَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ وَلَيْسَ الْبِرُّ بِأَن تَأْتُواْ الْبُيُوتَ مِن ظُهُورِهَا وَلَـكِنَّ الْبِرَّ مَنِ اتَّقَى وَأْتُواْ الْبُيُوتَ مِنْ أَبْوَبِهَا وَاتَّقُواْ اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ ]
(189. They ask you (O Muhammad) about the crescents. Say: "These are signs to mark fixed periods of time for mankind and for the pilgrimage.'' It is not Al-Birr (piety, righteousness, etc.) that you enter the houses from the back, but Al-Birr is from Taqwa. So enter houses through their proper doors, and have Taqwa of Allah that you may be successful.)
 
The Crescent Moons


Al-`Awfi related that Ibn `Abbas said, "The people asked Allah's Messenger about the crescent moons. Thereafter, this Ayah was revealed:


[يَسْـَلُونَكَ عَنِ الأَهِلَّةِ قُلْ هِىَ مَوَاقِيتُ لِلنَّاسِ]
(They ask you (O Muhammad) about the crescents. Say, "These are signs to mark fixed periods of time for mankind...) so that they mark their acts of worship, the `Iddah (the period of time a divorced woman or a widow is required to wait before remarrying) of their women and the time of their Hajj (pilgrimage to Makkah).'' `Abdur-Razzaq reported that Ibn `Umar narrated that Allah's Messenger said:


«جَعَلَ اللهُ الْأَهِلَّةَ مَوَاقِيتَ لِلنَّاسِ، فَصُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُمَّ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ يَوْمًا»
(Allah has made the crescents signs to mark fixed periods of time for mankind. Hence, fast on seeing it (the crescent for Ramadan) and break the fast on seeing it (the crescent for Shawwal). If it (the crescent) was obscure to you then count thirty days (mark that month as thirty days).) WThis Hadith was also collected by Al-Hakim in his Mustadrak, and he said, "The chain is Sahih, and they (Al-Bukhari and Muslim) did not recorded it."
 
Righteousness comes from Taqwa

Allah said:


[وَلَيْسَ الْبِرُّ بِأَن تَأْتُواْ الْبُيُوتَ مِن ظُهُورِهَا وَلَـكِنَّ الْبِرَّ مَنِ اتَّقَى وَأْتُواْ الْبُيُوتَ مِنْ أَبْوَبِهَا]


(It is not Al-Birr (piety, righteousness, etc.) that you enter the houses from the back, but Al-Birr is from Taqwa. So enter houses through their proper doors.)


Al-Bukhari recorded that Al-Bara' said, "During the time of Jahiliyyah, they used to enter the house from the back upon assuming the Ihram. Thereafter, Allah revealed (the following Ayah):


[وَلَيْسَ الْبِرُّ بِأَن تَأْتُواْ الْبُيُوتَ مِن ظُهُورِهَا وَلَـكِنَّ الْبِرَّ مَنِ اتَّقَى وَأْتُواْ الْبُيُوتَ مِنْ أَبْوَبِهَا]


(It is not Al-Birr (piety, righteousness, etc.) that you enter the houses from the back but Al-Birr is from Taqwa. So enter houses through their proper doors.)


Abu Dawud At-Tayalisi recorded the same Hadith from Al-Bara' but with the wording; "The Ansar used to enter their houses from the back when returning from a journey. Thereafter, this Ayah (2:189 above) was revealed...''


Al-Hasan said, "When some people during the time of Jahiliyyah would leave home to travel, and then decide not to travel, they would not enter the house from its door. Rather, they would climb over the back wall. Allah the Exalted said:


[وَلَيْسَ الْبِرُّ بِأَن تَأْتُواْ الْبُيُوتَ مِن ظُهُورِهَا]


(It is not Al-Birr (piety, righteousness) that you enter the houses from the back,).''


Allah's statement:


[وَاتَّقُواْ اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ]


(...and have Taqwa of Allah that you may be successful.) Have Taqwa of Allah, means to do what He has commanded you and refrain from what He has forbidden for you,


[لَعَلَّكُمْ تُفْلِحُونَ]


(that you may be successful.) tomorrow when you stand before Him and He thus rewards you perfectly.


[وَقَـتِلُواْ فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَـتِلُونَكُمْ وَلاَ تَعْتَدُواْ إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ - وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأَخْرِجُوهُمْ مِّنْ حَيْثُ أَخْرَجُوكُمْ وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ وَلاَ تُقَـتِلُوهُمْ عِندَ الْمَسْجِدِ الْحَرَامِ حَتَّى يُقَـتِلُوكُمْ فِيهِ فَإِن قَـتَلُوكُمْ فَاقْتُلُوهُمْ كَذَلِكَ جَزَآءُ الْكَـفِرِينَ - فَإِنِ انتَهَوْاْ فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ - وَقَـتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ للَّهِ فَإِنِ انتَهَواْ فَلاَ عُدْوَنَ إِلاَّ عَلَى الظَّـلِمِينَ ]

(190. And fight in the way of Allah those who fight you, but transgress not the limits. Truly, Allah likes not the transgressors.) (191. And kill them wherever you find them, and turn them out from where they have turned you out. And Al-Fitnah is worse than killing. And fight not with them at Al-Masjid Al-Haram (the sanctuary at Makkah), unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers. ) (192. But if they cease, then Allah is Oft-Forgiving, Most Merciful.) (193. And fight them until there is no more Fitnah (disbelief and worshipping of others along with Allah) and the religion (all and every kind of worship) is for Allah (Alone). But if they cease, let there be no transgression except against Az-Zalimin (the polytheists and wrongdoers).)
 
The Command to fight Those Who fight Muslims and killing Them wherever They are found


Abu Ja`far Ar-Razi said that Ar-Rabi` bin Anas said that Abu Al-`Aliyah commented on what Allah said:


[وَقَـتِلُواْ فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَـتِلُونَكُمْ]


(And fight in the way of Allah those who fight you,)


Abu Al-`Aliyah said, "This was the first Ayah about fighting that was revealed in Al-Madinah. Ever since it was revealed, Allah's Messenger used to fight only those who fought him and avoid non-combatants. Later, Surat Bara'ah (chapter 9 in the Qur'an) was revealed.'' `Abdur-Rahman bin Zayd bin Aslam said similarly, then he said that this was later abrogated by the Ayah:


[فَاقْتُلُواْ الْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ]


(then kill them wherever you find them) (9:5).


However, this statement is not plausible, because Allah's statement:


[الَّذِينَ يُقَـتِلُونَكُمْ]


(...those who fight you) applies only to fighting the enemies who are engaged in fighting Islam and its people. So the Ayah means, `Fight those who fight you', just as Allah said (in another Ayah):


[وَقَاتِلُواْ الْمُشْرِكِينَ كَآفَّةً كَمَا يُقَـتِلُونَكُمْ كَآفَّةً]


(...and fight against the Mushrikin collectively as they fight against you collectively.) (9:36)


This is why Allah said later in the Ayah:


[وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأَخْرِجُوهُمْ مِّنْ حَيْثُ أَخْرَجُوكُمْ]


(And kill them wherever you find them, and turn them out from where they have turned you out.) meaning, `Your energy should be spent on fighting them, just as their energy is spent on fighting you, and on expelling them from the areas from which they have expelled you, as a law of equality in punishment.'
 
The Prohibition of mutilating the Dead and stealing from the captured GoodsAllah said:


[وَلاَ تَعْتَدُواْ إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ]
(but transgress not the limits. Truly, Allah likes not the transgressors.)


This Ayah means, `Fight for the sake of Allah and do not be transgressors,' such as, by committing prohibitions. Al-Hasan Al-Basri stated that transgression (indicated by the Ayah), "includes mutilating the dead, theft (from the captured goods), killing women, children and old people who do not participate in warfare, killing priests and residents of houses of worship, burning down trees and killing animals without real benefit.'' This is also the opinion of Ibn `Abbas, `Umar bin `Abdul-`Aziz, Muqatil bin Hayyan and others. Muslim recorded in his Sahih that Buraydah narrated that Allah's Messenger said:


«اغْزُوا فِي سَبِيلِ اللهِ، قَاتِلُوا مَنْ كَفَرَ بِاللهِ، اغْزُوا وَلَا تَغُلُّوا وَلَا تَغْدِرُوا وَلَا تَمْثُلُوا وَلَا تَقْتُلُوا وَلِيدًا وَلَا أَصْحَابَ الصَّوَامِع»
(Fight for the sake of Allah and fight those who disbelieve in Allah. Fight, but do not steal (from the captured goods), commit treachery, mutilate (the dead), or kill a child, or those who reside in houses of worship.)


It is reported in the Two Sahihs that Ibn `Umar said, "A woman was found dead during one of the Prophet's battles and the Prophet then forbade killing women and children. '' There are many other Hadiths on this subject.
 
Shirk is worse than Killing


Since Jihad involves killing and shedding the blood of men, Allah indicated that these men are committing disbelief in Allah, associating with Him (in the worship) and hindering from His path, and this is a much greater evil and more disastrous than killing. Abu Malik commented about what Allah said:


[وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ]
(And Al-Fitnah is worse than killing.) Meaning what you (disbelievers) are committing is much worse than killing.'' Abu Al-`Aliyah, Mujahid, Sa`id bin Jubayr, `Ikrimah, Al-Hasan, Qatadah, Ad-Dahhak and Ar-Rabi` bin Anas said that what Allah said:


[وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ]
(And Al-Fitnah is worse than killing.) "Shirk (polytheism) is worse than killing.''
 
Fighting in the Sacred Area is prohibited, except in Self-Defense

Allah said:


[وَلاَ تُقَـتِلُوهُمْ عِندَ الْمَسْجِدِ الْحَرَامِ]


(And fight not with them at Al-Masjid Al-Haram (the sanctuary at Makkah))


It is reported in the Two Sahihs that the Prophet said:


«إنَّ هَذَا الْبَلَدَ حَرَّمَهُ اللهُ يَوْمَ خَلَقَ السَّموَاتِ وَالْأَرْضَ، فَهُوَ حَرَامٌ بِحُرْمَةِ اللهِ إِلى يَوْمِ الْقِيَامَةِ، وَلَمْ يَحِلَّ لِي إِلَّا سَاعَةً مِنْ نَهَارٍ، وَإِنَّهَا سَاعَتِي هذِهِ حَرامٌ بحُرْمَةِ اللهِ إِلى يَوْمِ الْقِيامَةِ، لا يُعْضَدُ شَجَرُهُ، وَلَا يُخْتَلىَ خَلَاهُ، فَإِنْ أَحَدٌ تَرَخَّصَ بِقِتَالِ رَسُولِ اللهِصلى الله عليه وسلّم، فَقُولُوا: إنَّ اللهَ أَذِنَ لِرَسُولِهِ وَلَمْ يَأْذَنْ لَكُم»


(Allah has made this city a sanctuary since the day He created the heavens and the earth. So, it is a sanctuary by Allah's decree till the Day of Resurrection. Fighting in it was made legal for me only for an hour in the daytime. So, it (i.e., Makkah) is a sanctuary, by Allah's decree, from now on until the Day of Resurrection. Its trees should not be cut, and its grass should not be uprooted. If anyone mentions the fighting in it that occurred by Allah's Messenger, then say that Allah allowed His Messenger, but did not allow you.)


In this Hadith, Allah's Messenger mentions fighting the people of Makkah when he conquered it by force, leading to some deaths among the polytheists in the area of the Khandamah. This occurred after the Prophet proclaimed:


«مَنْ أَغْلَقَ بَابَهُ فهُوَ آمِنٌ،وَمَنْ دَخَلَ الْمَسْجِدَ فَهُو آمِنٌ، ومَنْ دَخَلَ دَارَ أَبِي سُفْيَانَ فَهُوَ آمِن»


(Whoever closed his door is safe. Whoever entered the (Sacred) Mosque is safe. Whoever entered the house of Abu Sufyan is also safe.)


Allah said:


[حَتَّى يُقَـتِلُوكُمْ فِيهِ فَإِن قَـتَلُوكُمْ فَاقْتُلُوهُمْ كَذَلِكَ جَزَآءُ الْكَـفِرِينَ]


(...unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers.)


Allah states: `Do not fight them in the area of the Sacred Mosque unless they start fighting you in it. In this case, you are allowed to fight them and kill them to stop their aggression.' Hence, Allah's Messenger took the pledge from his Companions under the tree (in the area of Al-Hudaybiyyah) to fight (the polytheists), after the tribes of Quraysh and their allies, Thaqif and other groups, collaborated against the Muslims (to stop them from entering Makkah to visit the Sacred House). Then, Allah stopped the fighting before it started between them and said:


[وَهُوَ الَّذِى كَفَّ أَيْدِيَهُمْ عَنكُمْ وَأَيْدِيَكُمْ عَنْهُم بِبَطْنِ مَكَّةَ مِن بَعْدِ أَنْ أَظْفَرَكُمْ عَلَيْهِمْ]


(And He it is Who has withheld their hands from you and your hands from them in the midst of Makkah, after He had made you victors over them.) (48:24) and:


[وَلَوْلاَ رِجَالٌ مُّؤْمِنُونَ وَنِسَآءٌ مُّؤْمِنَـتٌ لَّمْ تَعْلَمُوهُمْ أَن تَطَئُوهُمْ فَتُصِيبَكمْ مِّنْهُمْ مَّعَرَّةٌ بِغَيْرِ عِلْمٍ لِّيُدْخِلَ اللَّهُ فِى رَحْمَتِهِ مَن يَشَآءُ لَوْ تَزَيَّلُواْ لَعَذَّبْنَا الَّذِينَ كَفَرُواْ مِنْهُمْ عَذَاباً أَلِيماً]

(Had there not been believing men and believing women whom you did not know, that you may kill them and on whose account a sin would have been committed by you without (your) knowledge, that Allah might bring into His mercy whom He wills ـ if they (the believers and the disbelievers) had been apart, We verily, would have punished those of them who disbelieved with painful torment.) (48:25)


Allah's statement:


[فَإِنِ انتَهَوْاْ فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ]


(But if they cease, then Allah is Oft-Forgiving, Most Merciful.) which means, `If they (polytheists) cease fighting you in the Sacred Area, and come to Islam and repent, then Allah will forgive them their sins, even if they had before killed Muslims in Allah's Sacred Area.' Indeed, Allah's forgiveness encompasses every sin, whatever its enormity, when the sinner repents it.
 
The Order to fight until there is no more Fitnah


Allah then commanded fighting the disbelievers when He said:


[حَتَّى لاَ تَكُونَ فِتْنَةٌ]


(...until there is no more Fitnah) meaning, Shirk. This is the opinion of Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Al-Hasan, Qatadah, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi and Zayd bin Aslam.


Allah's statement:


[وَيَكُونَ الدِّينُ للَّهِ]


(...and the religion (all and every kind of worship) is for Allah (Alone).) means, `So that the religion of Allah becomes dominant above all other religions.' It is reported in the Two Sahihs that Abu Musa Al-Ash`ari said: "The Prophet was asked, `O Allah's Messenger! A man fights out of bravery, and another fights to show off, which of them fights in the cause of Allah' The Prophet said:


«مَنْ قَاتَلَ لِتَكُونَ كَلِمَةُ اللهِ هِيَ الْعُلْيا فَهُوَ فِي سَبِيلِ الله»


(He who fights so that Allah's Word is superior, then he fights in Allah's cause.) In addition, it is reported in the Two Sahihs:


«أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَقُولُوا لَا إِلهَ إلَّا اللهُ، فَإِذَا قَالُوهَا عَصَمُوا مِنِّي دِمَاءَهُم وَأَمْوَالَهُمْ إلَّا بِحَقِّهَا وَحِسَابُهُمْ عَلَى الله»


(I have been ordered (by Allah) to fight the people until they proclaim, `None has the right to be worshipped but Allah'. Whoever said it, then he will save his life and property from me, except for cases of the law, and their account will be with Allah.)


Allah's statement:


[فَإِنِ انتَهَواْ فَلاَ عُدْوَنَ إِلاَّ عَلَى الظَّـلِمِينَ]


(But if they cease, let there be no transgression except against the wrongdoers.) indicates that, `If they stop their Shirk and fighting the believers, then cease warfare against them. Whoever fights them afterwards will be committing an injustice. Verily aggression can only be started against the unjust.' This is the meaning of Mujahid's statement that only combatants should be fought. Or, the meaning of the Ayah indicates that, `If they abandon their injustice, which is Shirk in this case, then do not start aggression against them afterwards.' The aggression here means retaliating and fighting them, just as Allah said:


[فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ]


(Then whoever transgresses against you, you transgress likewise against him.) (2:194)


Similarly, Allah said:


[وَجَزَآءُ سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا]


(The recompense for an evil is an evil like thereof.) (42:40), and:


[وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُمْ بِهِ]


(And if you punish them, then punish them with the like of that with which you were afflicted. ) (16:126)


`Ikrimah and Qatadah stated, "The unjust person is he who refuses to proclaim, `There is no God worthy of worship except Allah'.''


Under Allah's statement:


[وَقَـتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ]


(And fight them until there is no more Fitnah) Al-Bukhari recorded that Nafi` said that two men came to Ibn `Umar during the conflict of Ibn Az-Zubayr and said to him, "The people have fallen into shortcomings and you are the son of `Umar and the Prophet's Companion. Hence, what prevents you from going out'' He said, "What prevents me is that Allah has for bidden shedding the blood of my (Muslim) brother.'' They said, "Did not Allah say:


[وَقَـتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ]


(And fight them until there is no more Fitnah (disbelief and worshipping of others along with Allah))'' He said, "We did fight until there was no more Fitnah and the religion became for Allah Alone. You want to fight until there is Fitnah and the religion becomes for other than Allah!''


`Uthman bin Salih added that a man came to Ibn `Umar and asked him, "O Abu `Abdur-Rahman! What made you perform Hajj one year and `Umrah another year and abandon Jihad in the cause of Allah, although you know how much He has encouraged performing it'' He said, "O my nephew! Islam is built on five (pillars): believing in Allah and His Messenger, the five daily prayers, fasting Ramadan, paying the Zakah and performing Hajj (pilgrimage) to the House.'' They said, "O Abu `Abdur-Rahman! Did you not hear what Allah said in His Book:


[وَإِن طَآئِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُواْ فَأَصْلِحُواْ بَيْنَهُمَا فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الأُخْرَى فَقَـتِلُواْ الَّتِى تَبْغِى حَتَّى تَفِىءَ إِلَى أَمْرِ اللَّهِ]


(And if two parties (or groups) among the believers fall to fighting, then make peace between them both. But if one of them outrages against the other, then fight you (all) against the one that which outrages till it complies with the command of Allah.) (49:9) and:


[وَقَـتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ]


(And fight them until there is no more Fitnah (disbelief))


He said, "That we did during the time of Allah's Messenger when Islam was still weak and (the Muslim) man used to face trials in his religion, such as killing or torture. When Islam became stronger (and apparent), there was no more Fitnah.'' He asked, "What do you say about `Ali and `Uthman'' He said, "As for `Uthman, Allah has forgiven him. However, you hated the fact that Allah had forgiven him! As for `Ali, he is the cousin of Allah's Messenger and his son-in-law.'' He then pointed with his hand, saying, "This is where his house is located (meaning, `so close to the Prophet's house just as `Ali was so close to the Prophet himself').''


[الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَـتُ قِصَاصٌ فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّ اللَّهَ مَعَ الْمُتَّقِينَ ]


(194. The sacred month is for the sacred month, and for the prohibited things, there is the Law of equality (Qisas). Then whoever transgresses against you, you transgress likewise against him. And fear Allah, and know that Allah is with Al-Muttaqin.)
 
Fighting during the Sacred Months is prohibited, except in Self-Defense


Ibn `Abbas, Ad-Dahhak, As-Suddi, Qatadah, Miqsam, Ar-Rabi` bin Anas and `Ata said, "Allah's Messenger went for `Umrah on the sixth year of Hijrah. Then, the idolators prevented him from entering the Sacred House (the Ka`bah in Makkah) along with the Muslims who came with him. This incident occurred during the sacred month of Dhul-Qa`dah. The idolators agreed to allow them to enter the House the next year. Hence, the Prophet entered the House the following year, along with the Muslims who accompanied him, and Allah permitted him to avenge the idolators' treatment of him, when He said:


[الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَـتُ قِصَاصٌ]


(The sacred month is for the sacred month, and for the prohibited things, there is the Law of equality (Qisas).)


Imam Ahmad recorded that Jabir bin `Abdullah said, "Allah's Messenger would not engage in warfare during the Sacred Month unless he was first attacked, then he would march forth. He would otherwise remain idle until the end of the Sacred Months.'' This Hadith has an authentic chain of narrators.


Hence, when the Prophet was told that `Uthman was killed (in Makkah) when he was camped at the area of Al-Hudaybiyyah, after he had sent `Uthman as his emissary to the polytheists, he accepted the pledge from his Companions under the tree to fight the polytheists. They were one thousand and four hundred then. When the Prophet was informed that `Uthman was not killed, he abandoned the fight and reverted to peace.


When the Prophet finished fighting with (the tribes of) Hawazin during the battle of Hunayn and Hawazin took refuge in (the city of) At-Ta'if, he laid siege to that city. Then, the (sacred) month of Dhul-Qa`dah started, while At-Ta'if was still under siege. The siege went on for the rest of the forty days (rather, from the day the battle of Hunayn started until the Prophet went back to Al-Madinah from Al-Ji`ranah, were forty days), as reported in the Two Sahihs and narrated by Anas. When the Companions suffered mounting casualties (during the siege), the Prophet ended the siege before conquering At-Ta'if. He then went back to Makkah, performed `Umrah from Al-Ji`ranah, where he divided the war booty of Hunayn. This `Umrah occurred during Dhul-Qa`dah of the eighth year of Al-Hijrah.


Allah's statement:


[فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ]


(...whoever transgresses against you, you transgress likewise against him.) ordains justice even with the polytheists. Allah also said in another Ayah:


[وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُمْ بِهِ]


(And if you punish, then punish them with the like of that with which you were afflicted.) (16:126)


Allah's statement:


[وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّ اللَّهَ مَعَ الْمُتَّقِينَ]


(And fear Allah, and know that Allah is with Al-Muttaqin (the pious)) (2:194) commands that Allah be obeyed and feared out of Taqwa. The Ayah informs us that Allah is with those who have Taqwa by His aid and support in this life and the Hereafter.


[وَأَنفِقُواْ فِى سَبِيلِ اللَّهِ وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ وَأَحْسِنُواْ إِنَّ اللَّهَ يُحِبُّ الْمُحْسِنِينَ ]


(195. And spend in the cause of Allah and do not throw yourselves into destruction, and do good. Truly, Allah loves Al-Muhsinin (those who do good).)
 
The Command to spend in the Cause of Allah


Al-Bukhari recorded that Hudhayfah said:


[وَأَنفِقُواْ فِى سَبِيلِ اللَّهِ وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ]


(And spend in the cause of Allah and do not throw yourselves into destruction.) "It was revealed about spending.'' Ibn Abu Hatim reported him saying similarly. He then commented, "Similar is reported from Ibn `Abbas, Mujahid, `Ikrimah, Sa`id bin Jubayr, `Ata', Ad-Dahhak, Al-Hasan, Qatadah, As-Suddi and Muqatil bin Hayyan.''


Aslam Abu `Imran said, "A man from among the Ansar broke enemy (Byzantine) lines in Constantinople (Istanbul). Abu Ayyub Al-Ansari was with us then. So some people said, `He is throwing himself to destruction.' Abu Ayyub said, `We know this Ayah (2:195) better, for it was revealed about us, the Companions of Allah's Messenger who participated in Jihad with him and aided and supported him. When Islam became strong, we, the Ansar, met and said to each other, `Allah has honored us by being the Companions of His Prophet and in supporting him until Islam became victorious and its following increased. We had before ignored the needs of our families, estates and children. Warfare has ceased, so let us go back to our families and children and attend to them.' So this Ayah was revealed about us:


[وَأَنفِقُواْ فِى سَبِيلِ اللَّهِ وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ]


(And spend in the cause of Allah and do not throw yourselves into destruction.) the destruction refers to staying with our families and estates and abandoning Jihad'.'' This was recorded by Abu Dawud, At-Tirmidhi, An-Nasa'i, `Abd bin Humayd in his Tafsir, Ibn Abu Hatim, Ibn Jarir, Ibn Marduwyah, Al-Hafiz Abu Ya`la in his Musnad, Ibn Hibban and Al-Hakim. At-Tirmidhi said; "Hasan, Sahih, Gharib" Al-Hakim said, "It meets the criteria of the Two Shaykhs (Al-Bukhari and Muslim) but they did not record it."


Abu Dawud's version mentions that Aslam Abu `Imran said, "We were at (the siege of) Constantinople. Then, `Uqbah bin `Amr was leading the Egyptian forces, while the Syrian forces were led by Fadalah bin `Ubayd. Later on, a huge column of Roman (Byzantine) soldiers departed the city, and we stood in lines against them. A Muslim man raided the Roman lines until he broke through them and came back to us. The people shouted, `All praise is due to Allah! He is sending himself to certain demise.' Abu Ayyub said, `O people! You explain this Ayah the wrong way. It was revealed about us, the Ansar when Allah gave victory to His religion and its following increased. We said to each other, `It would be better for us now if we return to our estates and attend to them.' Then Allah revealed this Ayah (2:195)'.''


Abu Bakr bin `Aiyash reported that Abu Ishaq As-Subai`y related that a man said to Al-Bara' bin `Azib, "If I raided the enemy lines alone and they kill me, would I be throwing myself to certain demise'' He said, "No. Allah said to His Messenger :


[فَقَاتِلْ فِى سَبِيلِ اللَّهِ لاَ تُكَلَّفُ إِلاَّ نَفْسَكَ]


(Then fight (O Muhammad ) in the cause of Allah, you are not tasked (held responsible) except for yourself.) (4:84) That Ayah (2:195) is about (refraining from) spending.'' Ibn Marduwyah reported this Hadith, as well as Al-Hakim in his Mustadrak who said; "It meets the criteria of the Two Shaykhs (Al-Bukhari and Muslim) but they did not record it." Ath-Thawri and Qays bin Ar-Rabi` related it from Al-Bara'. but added:


[لاَ تُكَلَّفُ إِلاَّ نَفْسَكَ]


(You are not tasked (held responsible) except for yourself.) (4:84) "Destruction refers to the man who sins and refrains from repenting, thus throwing himself to destruction.''


Ibn `Abbas said:


[وَأَنفِقُواْ فِى سَبِيلِ اللَّهِ وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ]


(And spend in the cause of Allah and do not throw yourselves into destruction) "This is not about fighting. But about refraining from spending for the sake of Allah, in which case, one will be throwing his self into destruction."


The Ayah (2:195) includes the order to spend in Allah's cause, in the various areas and ways that involve obedience and drawing closer to Allah. It especially applies to spending in fighting the enemies and on what strengthens the Muslims against the enemy. Allah states that those who refrain from spending in this regard will face utter and certain demise and destruction, meaning those who acquire this habit. Allah commands that one should acquire Ihsan (excellence in the religion), as it is the highest part of the acts of obedience. Allah said:


[وَأَحْسِنُواْ إِنَّ اللَّهَ يُحِبُّ الْمُحْسِنِينَ]


(and do good. Truly, Allah loves Al-Muhsinin (those who do good).)


[وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ وَلاَ تَحْلِقُواْ رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْىُ مَحِلَّهُ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ فَإِذَآ أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَـثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ ذَلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَامِ وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ ]


(196. And complete Hajj and `Umrah for Allah. But if you are prevented, then sacrifice a Hady that you can afford, and do not shave your heads until the Hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment on his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either fasting or giving Sadaqah or a sacrifice. Then if you are in safety and whosoever performs the `Umrah (in the months of Hajj), before (performing) the Hajj, he must slaughter a Hady such as he can afford, but if he cannot (afford it), he should fast for three days during Hajj and seven days after his return, making ten days in all. This is for him whose family is not present at Al-Masjid Al-Haram (i.e., non-resident of Makkah). And fear Allah much and know that Allah is severe in punishment.)
 
The Command to complete Hajj and `Umrah


After Allah mentioned the rulings for fasting and Jihad, he explained the rituals by commanding the Muslims to complete Hajj and `Umrah, meaning, to finish the rituals of Hajj and `Umrah after one starts them. This is why Allah said afterwards:


[فَإِنْ أُحْصِرْتُمْ]


(But if you are prevented) meaning, if your way to the House is obstructed, and you are prevented from finishing it. This is why the scholars agree that starting the acts of Hajj and `Umrah requires one to finish them. As for Makhul, he said, "Complete, means to start them from the Miqat (areas the Prophet designated to assume Ihram from).'' `Abdur-Razzaq said that Az-Zuhri said: "We were told that `Umar commented on:


[وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ]


(And complete Hajj and `Umrah for Allah.) "Complete Hajj and `Umrah means performing each of them separately, and to perform `Umrah outside of the months of Hajj, for Allah the Exalted says:


[الْحَجُّ أَشْهُرٌ مَّعْلُومَـتٌ]


(The Hajj (pilgrimage) is (in) the well-known (lunar year) months. )''


As-Suddi said,


[وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ]


(And complete Hajj and `Umrah for Allah.) means, "Maintain the performance of Hajj and `Umrah.'' Ibn `Abbas was reported to have said, "Hajj is `Arafat, while `Umrah is Tawaf.'' Al-A`mash related that Ibrahim said that `Alqamah commented on Allah's statement:


[وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ]

(And complete Hajj and `Umrah for Allah.) "Abdullah (Ibn Mas`ud) recited it this way: `Complete Hajj and `Umrah to the House, so that one does not exceed the area of the House during the `Umrah'.'' Ibrahim then said, "I mentioned this statement to Sa`id bin Jubayr and he said; `Ibn `Abbas also said that.''' Sufyan reported that Ibrahim said that `Alqamah said (regarding the Ayah 2:196), "Perform the Hajj and `Umrah to the House.'' Ath-Thawri reported that Ibrahim read (the Ayah), "Perform the Hajj and `Umrah to the House.''
 
If One is prevented while in Route, He slaughters the Sacrifice, shaves his Head and ends Ihram

Allah's statement:


[فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(But if you are prevented, sacrifice a Hady (animals for sacriface) such as you can afford,) was revealed in the sixth year of Hijrah, the year of the treaty of Al-Hudaybiyyah when the polytheists prevented Allah's Messenger from reaching the House. Allah revealed Surat Al-Fath (chapter 48 in the Qur'an) then, and allowed the Muslims to slaughter any Hady (animals for sacrifice) they had. They had seventy camels with them for that purpose. They were also permitted to shave their heads and end their Ihram. When the Prophet commanded them to shave their heads and end the state of Ihram, they did not obey him, as they were awaiting that order to be abrogated. When they saw that the Prophet went out after shaving his head, they imitated him. Some of them did not shave, but only shortened their hair. This is why the Prophet said:


«رَحِمَ اللهُ الْمُحَلِّقِين»


(May Allah award His mercy to those who shaved.)


They said, "What about those who shortened the hair'' He said in the third time, "And to those who shortened.'' Every seven among them shared one camel for their sacrifice. They were one thousand and four hundred Companions and were camping in the area of Al-Hudaybiyyah, outside the Sacred Area. It was also reported that they were within the boundaries of the Sacred Area. Allah knows best.


Being prevented from the House (Hasr) includes more than just being sick, fearing an enemy or getting lost on the way to Makkah. Imam Ahmad reported that Al-Hajjaj bin `Amr Al-Ansari said that he heard Allah's Messenger saying:


«مَنْ كُسِرَ أَوْ عَرِجَ فَقَدْ حَلَّ وَعَلَيْهِ حَجَّةٌ أُخْرَى»


(Whoever suffered a broken bone or a limb, will have ended his Ihram and has to perform Hajj again.) He said, "I mentioned that to Ibn `Abbas and Abu Hurayrah and they both said, `He (Al-Hajjaj) has said the truth'.'' This Hadith is also reported in the Four Collections. In the version of Abu Dawud and Ibn Majah, the Prophet said, "Whoever limped, had a broken bone or became ill...'' Ibn Abu Hatim also recorded it and said, "It was reported that Ibn Mas`ud, Ibn Az-Zubayr, `Alqamah, Sa`id bin Musayyib, `Urwah bin Az-Zubayr, Mujahid, An-Nakha`i, `Ata' and Muqatil bin Hayyan said that being prevented (Hasr) entails an enemy, an illness or a fracture.'' Ath-Thawri also said, "Being prevented entails everything that harms the person.''


It is reported in the Two Sahihs that `A'ishah said that Allah's Messenger went to Duba`ah bint Az-Zubayr bin `Abdul-Muttalib who said, "O Messenger of Allah! I intend to perform Hajj but I am ill.'' He said, "Perform Hajj and make the condition: `My place is where You prevent (or halt) me.'' Muslim recorded similarly from Ibn `Abbas. So saying such a condition for Hajj is allowed is based on this Hadith.


Allah's statement:


[فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(...sacrifice a Hady such as you can afford) includes a sheep also, as Imam Malik reported that `Ali bin Abu Talib used to say. Ibn `Abbas said, "The Hady includes eight types of animals: camels, cows, goats and sheep.'' `Abdur-Razzaq reported that Ibn `Abbas said about what Allah said:


[فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(...sacrifice a Hady such as you can afford)


"As much as one could afford.'' Al-`Awfi said that Ibn `Abbas said, "If one can afford it, then camels, otherwise cows, or sheep.'' Hisham bin `Urwah quoted his father:


[فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(...sacrifice a Hady (animal, i.e., a sheep, a cow, or a camel) such as you can afford) `Depending on the price.'


The proof that sacrificing only a sheep is allowed in the case of being prevented from continuing the rites, is that Allah has required sacrificing whatever is available as a Hady, and the Hady is any type of cattle; be it camels, cows or sheep. This is the opinion of Ibn `Abbas the cousin of Allah's Messenger and the scholar of Tafsir. It is reported in the Two Sahihs that `A'ishah, the Mother of the believers, said, "The Prophet once offered some sheep as Hady.''


Allah's statement:


[وَلاَ تَحْلِقُواْ رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْىُ مَحِلَّهُ]


(...and do not shave your heads until the Hady reaches the place of sacrifice.) is a continuation of His statement:


[وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ]

(And complete, the Hajj and `Umrah for Allah.) and is not dependent upon:


[فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(But if you are prevented, then sacrifice a Hady) as Ibn Jarir has erroneously claimed. When the Prophet and his Companions were prevented from entering the Sacred House during the Al-Hudaybiyyah year by the polytheists from Quraysh, they shaved their heads and sacrificed their Hady outside the Haram (Sacred) area. In normal circumstances, and when one can safely reach the House, he is not allowed to shave his head until:


[حَتَّى يَبْلُغَ الْهَدْىُ مَحِلَّهُ]


(.. .and do not shave your heads until the Hady reaches the place of sacrifice.) and then he ends the rituals of Hajj or `Umrah, or both if he had assumed Ihram for both. It is recorded in the Two Sahihs that Hafsah said, "O Allah's Messenger! What is wrong with the people, they have finished their Ihram for `Umrah but you have not'' The Prophet said,


«إنِّي لَبَّدْتُ رَأْسِي وَقَلَّدْتُ هَدْيِي، فَلَا أَحِلُّ حَتَّى أَنْحَر»


(I matted my hair and I have garlanded my Hady (animals for sacrifice), so I will not finish my Ihram till I offer the sacrifice.)
 
Whoever shaved his Head during Ihram, will have to pay the Fidyah


Allah said:


[فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ]


(And whosoever of you is ill or has an ailment on his scalp (necessitating shaving), he must pay a Fidyah.)


Al-Bukhari reported that `Abdur-Rahman bin Asbahani said that he heard `Abdullah bin Ma`qil saying that he sat with Ka`b bin `Ujrah in the mosque of Kufah (in Iraq). He then asked him about the Fidyah of the fasting. Ka`b said, "This was revealed concerning my case especially, but it is also for you in general. I was carried to Allah's Messenger and the lice were falling in great numbers on my face. The Prophet said:


«مَا كُنْتُ أُرَى أَنَّ الْجَهْدَ بلَغَ بكَ هذَا، أمَا تَجِدُ شَاة»


؟ قُلْتُ: لَا


(I never thought that your ailment (or struggle) had reached to such an extent as I see. Can you afford a sheep (for sacrifice)' I replied in the negative.) He then said:


«صُمْ ثَلَاثَةَ أَيَّامٍ أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ، لِكُلِّ مِسْكِينٍ نِصْفُ صَاعٍ مِنْ طَعَامٍ، وَاحْلِقْ رَأْسَك»


(Fast for three days or feed six poor persons, each with half a Sa` of food (1 Sa` = 3 kilograms approx.) and shave your head.)


So this is a general judgement derived from a specific case.


Imam Ahmad recorded that Ka`b bin `Ujrah said, "Allah's Messenger came by while I was igniting the fire under a pot and while the lice were falling down my head or my eyelids. He said:


«يُؤْذِيكَ هَوَامُّ رَأْسِك»


؟ قُلْتُ: نَعَمْ


(Do these lice in your head bother you) I said, `Yes.' He said:


«فَاحْلِقْهُ، وَصُمْ ثَلَاثَةَ أَيَّامٍ، أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ، أَوِ انْسُكْ نَسِيكَة»


(Shave it, then fast three days, or feed six poor people, or sacrifice an animal.)


Ayyub (one of the narrators of the Hadith) commented, "I do not know which alternative was stated first.'' The wording of the Qur'an begins with the easiest then the more difficult options: "Pay a Fidyah of fasting (three days), feeding (six poor persons) or sacrificing (an animal).'' Meanwhile, the Prophet advised Ka`b with the more rewarding option first, that is, sacrificing a sheep, then feeding six poor persons, then fasting three days. Each Text is suitable in its place and context, all the thanks and praises are due to Allah.
 
Tamattu` during Hajj


Allah said:


[فَإِذَآ أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(Then if you are in safety and whosoever performs the `Umrah (in the months of Hajj), before (performing) the Hajj, he must slaughter a Hady such as he can afford,)


That is, when you are able to complete the rites, so whoever among you connects his `Umrah with Hajj having the same Ihram for both, or, first assuming Ihram for `Umrah, and then assuming Ihram for Hajj when finished the `Umrah, this is the more specific type of Tamattu` which is well-known among the discussion of the scholars whereas in general there are two types of Tamattu`, as the authentic Hadiths prove, since among the narrators are those who said, "Allah's Messenger performed Tamattu`, and others who said, "Qarin" but there is no difference between them over the Hady.


So Allah said,


[فَإِذَآ أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(Then if you are in safety and whosoever performs the `Umrah (in the months of Hajj), before (performing) the Hajj (i.e., Hajj At-Tamattu` and Al-Qiran), he must slaughter a Hady such as he can afford,) means let him sacrifice whatever Hady is available to him, the least of which is a sheep. One is also allowed to sacrifice a cow because the Prophet slaughtered cows on behalf of his wives. Al-Awza`i reported that Abu Hurayrah narrated that Allah's Messenger slaughtered cows on behalf of his wives when they were performing Tamattu`. This was reported by Abu Bakr bin Marduwyah.


This last Hadith proves that Tamattu` is legislated. It is reported in the Two Sahihs that `Imran bin Husayn said, "We performed Hajj At-Tamattu` in the lifetime of Allah's Messenger and then the Qur'an was revealed (regarding Hajj At-Tamattu`). Nothing was revealed to forbid it, nor did he (the Prophet ) forbid it until he died. And somebody said what he wished (regarding Hajj At-Tamattu`) according to his own opinion.'' Al-Bukhari said that `Imran was talking about `Umar. It is reported in an authentic narration that `Umar used to discourage the people from performing Tamattu`. He used to say, "If we refer to Allah's Book, we should complete it,'' meaning:


[فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ]


(...whosoever performs the `Umrah (in the months of Hajj), before (performing) the Hajj, he must slaughter a Hady such as he can afford,)


However `Umar did not say that Tamattu` is unlawful. He only prevented them so that the people would increase their trips to the House for Hajj (during the months of Hajj) and `Umrah (throughout the year), as he himself has stated.
 
Whoever performs Tamattu` should fast Ten Days if He does not have a Hady

Allah said:


[فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَـثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ]


(...but if he cannot (afford it), he should fast three days during the Hajj and seven days after his return (to his home), making ten days in all.)


This Ayah means: "Those who do not find a Hady, let them fast three days during the Hajj season.'' Al-`Awfi said that Ibn `Abbas said, "If one does not have a Hady, he should fast three days during Hajj, before `Arafah day. If the day of `Arafah was the third day, then his fast is complete. He should also fast seven days when he gets back home.'' Abu Ishaq reported from Wabarah from Ibn `Umar who said, "One fasts one day before the day of Tarwiyah, the day of Tarwiyah (eighth day of Dhul-Hijjah) and then `Arafah day (the ninth day of the month of Dhul-Hijjah).'' The same statement was reported by Ja`far bin Muhammad from his father from `Ali.


If one did not fast these three days or at least some of them before `Id day (the tenth day of Dhul-Hijjah), he is allowed to fast during the Tashriq days (11-12-13th day of Dhul-Hijjah). `A'ishah and Ibn `Umar said, "Fasting the days of Tashriq was only allowed for those who did not find the Hady,'' as Al-Bukhari has reported. Sufyan related that Ja`far bin Muhammad narrated that his father said that `Ali said, "Whoever did not fast the three days during the Hajj, should fast them during the days of Tashriq.'' This is also the position taken by `Ubayd bin `Umayr Al-Laythi, `Ikrimah, Al-Hasan Al-Basri and `Urwah bin Az-Zubayr, referring to the general meaning of Allah's statement:


[فَصِيَامُ ثَلَـثَةِ أَيَّامٍ فِي الْحَجِّ]


(...fast three days during the Hajj...)


As for what Muslim reported that Qutaybah Al-Hudhali said that Allah's Messenger said:


«أَيَّامُ التَّشْرِيقِ أَيَّامُ أَكْلٍ وَشُرْبٍ، وَذِكْرِ اللهِ عَزَّ وَجَل»


(The days of Tashriq are days of eating and drinking and remembering Allah the Exalted.)


This narration is general in meaning while what `A'ishah and Ibn `Umar narrated is specific.


Allah said:


[وَسَبْعَةٍ إِذَا رَجَعْتُمْ]


(...and seven days after his return.)


There are two opinions regarding the meaning of this Ayah. First, it means `when you return to the camping areas'. The second, upon going back home. `Abdur-Razzaq reported that Salim narrated that he heard Ibn `Umar saying:


[فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَـثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ]


"(...but if he cannot (afford it), he should fast three days during the Hajj and seven days after his return,) means when he goes back to his family. '' The same opinion was reported from Sa`id bin Jubayr, Abu Al-`Aliyah, Mujahid, `Ata', `Ikrimah, Al-Hasan, Qatadah, Imam Az-Zuhri and Ar-Rabi` bin Anas.


Al-Bukhari reported that Salim bin `Abdullah narrated that Ibn `Umar said, "During the Farewell Hajj of Allah's Messenger , he performed Tamattu` with `Umrah and Hajj. He drove a Hady along with him from Dhul-Hulayfah. Allah's Messenger started by assuming Ihram for `Umrah, and then for Hajj. And the people, too, performed the `Umrah and Hajj along with the Prophet . Some of them brought the Hady and drove it along with them, while the others did not. So, when the Prophet arrived at Makkah, he said to the people:


«مَنْ كَانَ مِنْكُم أَهْدَى فَإِنَّهُ لَا يَحِلُّ مِنْ شَيْءٍ حَرُمَ مِنْهُ حَتَّى يَقْضِيَ حَجَّهُ، وَمَنْ لَمْ يَكُنْ مِنْكُمْ أَهْدَى فَلْيَطُفْ بالْبَيْتِ وبالصَّفَا وَالْمَرْوَةِ وَلْيُقَصِّرْ وَلْيَحْلِلْ، ثُمَّ لْيُهِلَّ بِالْحَجِّ، فَمَنْ لَمْ يجَدْ هَدْيًا فَلْيَصُمْ ثَلَاثَةَ أَيَّامٍ فِي الْحَجِّ، وَسَبْعةً إِذَا رَجَعَ إِلى أَهْلِه»


(Whoever among you has driven the Hady, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hady with him, he should perform Tawaf of the Ka`bah and between As-Safa and Al-Marwah. Then, he should shave or cut his hair short and finish his Ihram, and should later assume Ihram for Hajj; [but he must offer a Hady (sacrifice)]. And if anyone cannot afford a Hady, he should fast for three days during the Hajj and seven days when he returns home.)


He then mentioned the rest of the Hadith, which is reported in the Two Sahihs.


Allah said:


[تِلْكَ عَشَرَةٌ كَامِلَةٌ]


(...making ten days in all.) to emphasize the ruling we mentioned above. This method is common in the Arabic language, for they would say, `I have seen with my eyes, heard with my ears and written with my hand,' to emphasize such facts. Similarly, Allah said:


[وَلاَ طَائِرٍ يَطِيرُ بِجَنَاحَيْهِ]


(...nor a bird that flies with its two wings) (6:38) and:


[وَلاَ تَخُطُّهُ بِيَمِينِكَ]


(...nor did you write any book (whatsoever) with your right hand) (29:48) and:


[وَوَعَدْنَا مُوسَى ثَلَـثِينَ لَيْلَةً وَأَتْمَمْنَاهَا بِعَشْرٍ فَتَمَّ مِيقَـتُ رَبِّهِ أَرْبَعِينَ لَيْلَةً]


(And We appointed for Musa thirty nights and added (to the period) ten (more), and he completed the term, appointed by his Lord, of forty nights.) (7:142)


It was also said that the meaning of "ten days in all'' emphasizes the order to fast for ten days, not less than that.
 
The Residents of Makkah do not perform Tamattu"


Allah said:


[ذَلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَامِ]


(This is for him whose family is not present at Al-Masjid Al-Haram (i.e., non-resident of Makkah).) This Ayah concerns the residents of the area of the Haram, for they do not perform Tamattu`. `Abdur-Razzaq reported that Tawus said, "Tamattu` is for the people, those whose families are not residing in the Haram area (Makkah), not for the residents of Makkah. Hence Allah's Statement:


[ذَلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَامِ]


(This is for him whose family is not present at Al-Masjid Al-Haram (i.e., non-resident of Makkah).)


`Abdur-Razzaq then said, "I was also told that Ibn `Abbas said similar to Tawus.'' Allah said:


[وَاتَّقُواْ اللَّهَ]


(...and fear Allah) meaning, in what He has commanded you and what He prohibited for you. He then said:


[وَاعْلَمُواْ أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ]


(...and know that Allah is severe in punishment) for those who defy His command and commit what He has prohibited.


[الْحَجُّ أَشْهُرٌ مَّعْلُومَـتٌ فَمَن فَرَضَ فِيهِنَّ الْحَجَّ فَلاَ رَفَثَ وَلاَ فُسُوقَ وَلاَ جِدَالَ فِي الْحَجِّ وَمَا تَفْعَلُواْ مِنْ خَيْرٍ يَعْلَمْهُ اللَّهُ وَتَزَوَّدُواْ فَإِنَّ خَيْرَ الزَّادِ التَّقْوَى وَاتَّقُونِ يأُوْلِي الأَلْبَـبِ ]


(197. The Hajj (pilgrimage) is (in) the well-known months. So whosoever intends to perform Hajj therein (by assuming Ihram), then he should not have sexual relations (with his wife), nor commit sin, nor dispute unjustly during the Hajj. And whatever good you do, Allah knows it. And take provisions for the journey, but the best provision is At-Taqwa (piety, righteousness). So fear Me, O men of understanding!)
 

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