اَلشَّهۡرُ الۡحَـرَامُ بِالشَّهۡرِ الۡحَـرَامِ وَالۡحُرُمٰتُ قِصَاصٌ​ؕ فَمَنِ اعۡتَدٰى عَلَيۡكُمۡ فَاعۡتَدُوۡا عَلَيۡهِ بِمِثۡلِ مَا اعۡتَدٰى عَلَيۡكُمۡ وَاتَّقُوا اللّٰهَ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ مَعَ الۡمُتَّقِيۡنَ‏ ﴿2:194﴾

(2:194) The sacred month for the sacred month; sanctities should be respected alike (by all concerned). Thus, if someone has attacked you, attack him just as he attacked you, and fear Allah and remain conscious that Allah is with those who guard against violating the bounds set by Him.²⁰⁶

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Notes

206. From the time of Abraham three months – Dhu al-Qa’dah, Dhu al-Hijjah and Muharram – were consecrated for Hajj, and the month of Rajab was consecrated for ‘Umrah. For the duration of these four months warfare, killing and pillage were prohibited so that people could perform Pilgrimage and return home safely. For this reason these months were called the ‘sacred months’. 

The purpose of the verse is to stress that if the unbelievers respect the sanctity of the sacred months, the Muslims should do the same. If, however, they violate this sanctity and subject the Muslims to aggression, then the Muslims are also entitled to retribution even during the ‘sacred months’. 

The permission mentioned here was called forth by the introduction of nasi’, a practice which had been introduced by the Arabs in order to have an advantage over others in their battles and raids. The manner in which the Arabs used nasi’ was such that whenever they wished either to start a conflict in order to satisfy their vendetta or to loot and plunder they carried out their raid in one of the sacred months and then later on tried to compensate for this violation by treating one of the non-sacred months as a sacred month. The Muslims were, therefore, concerned as to what they should do in case the unbelievers resorted to this artifice and surprised them by an attack in one of the recognized sacred months. The verse refers to this problem.

وَقَاتِلُوۡا فِىۡ سَبِيۡلِ اللّٰهِ الَّذِيۡنَ يُقَاتِلُوۡنَكُمۡ وَلَا تَعۡتَدُوۡا ؕ اِنَّ اللّٰهَ لَا يُحِبُّ الۡمُعۡتَدِيۡنَ‏﴿2:190﴾ وَاقۡتُلُوۡهُمۡ حَيۡثُ ثَقِفۡتُمُوۡهُمۡ وَاَخۡرِجُوۡهُمۡ مِّنۡ حَيۡثُ اَخۡرَجُوۡكُمۡ​ وَالۡفِتۡنَةُ اَشَدُّ مِنَ الۡقَتۡلِۚ وَلَا تُقٰتِلُوۡهُمۡ عِنۡدَ الۡمَسۡجِدِ الۡحَـرَامِ حَتّٰى يُقٰتِلُوۡكُمۡ فِيۡهِ​ۚ فَاِنۡ قٰتَلُوۡكُمۡ فَاقۡتُلُوۡهُمۡؕ كَذٰلِكَ جَزَآءُ الۡكٰفِرِيۡنَ‏ ﴿2:191﴾ فَاِنِ انۡـتَهَوۡا فَاِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏ ﴿2:192﴾ وَقٰتِلُوۡهُمۡ حَتّٰى لَا تَكُوۡنَ فِتۡنَةٌ وَّيَكُوۡنَ الدِّيۡنُ لِلّٰهِ​ؕ فَاِنِ انتَهَوۡا فَلَا عُدۡوَانَ اِلَّا عَلَى الظّٰلِمِيۡنَ‏﴿2:193﴾

(2:190) Fight in the way of Allah²⁰⁰ against those who fight against you but do not transgress,²⁰¹ for Allah does not love transgressors. (2:191) Kill them whenever you confront them and drive them out from where they drove you out. (For though killing is sinful) wrongful persecution is even worse than killing.²⁰² Do not fight against them near the Holy Mosque unless they fight against you; but if they fight against you kill them, for that is the reward of such unbelievers. (2:192) Then if they desist, know well that Allah is Ever-Forgiving, Most Compassionate.²⁰³ (2:193) Keep on fighting against them until mischief ends and the way prescribed by Allah prevails.²⁰⁴ But if they desist, then know that hostility is directed only against the wrong-doers.²⁰⁵

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Notes

200. The believers are asked to fight those who hindered their efforts in the cause of God, and acted with hostility towards them merely because they sought to fashion human life according to the revealed guidance of God. Earlier, when they were weak and scattered, the Muslims were asked merely to preach and be patient with the wrongful repression meted out to them by their opponents. However, now that a small city state had been established in Madina they were commanded for the first time to unsheathe their swords against those who had resorted to armed hostility against their movement of reform. It was some time after this injunction that the Battle of Badr took place, to be followed by several other battles. 

201. The believers are told that material interests should not be the motivation for their fighting, that they should not take up arms against those who were not in opposition to the true faith, that they should not resort to unscrupulous methods or to the indiscriminate killing and pillage which characterized the wars of the pre-Islamic era, the Age of Ignorance. The excesses alluded to in this verse are acts such as taking up arms against women and children, the old and the injured, mutilation of the dead bodies of the enemy, uncalled-for devastation through the destruction of fields and livestock, and other similar acts of injustice and brutality. In the Hadith all these acts have been prohibited. The real intent of the verse is to stress that force should be used only when its use is unavoidable, and only to the extent that is absolutely necessary. 

202. Here the word fitnah is used in the sense of ‘persecution’. It refers to a situation whereby either a person or a group is subjected to harassment and intimidation for having accepted, as true, a set of ideas contrary to those currently held, and for striving to effect reforms in the existing order of society by preaching what is good and condemning what is wrong. Such a situation must be changed, if need be, by the force of arms. 

Bloodshed is bad, but when one group of people imposes its ideology and forcibly prevents others from accepting the truth, then it becomes guilty of an even more serious crime. In such circumstances, it is perfectly legitimate to remove that oppressive group by the force of arms. 

203. God, in whom the believers have faith, is forgiving and ready to pardon even the worst criminals and sinners after they have renounced their arrogant defiance towards Him. It is suggested that this attribute of God should be reflected in the behaviour of the believers as well. As the saying goes: ‘Mould your morals according to the attributes of God.’ Hence, Whenever the believers have to resort to armed conflict, they should do so not for the sake of quenching their thirst for vengeance but in the cause of God’s religion. Their conflict with any group should last only as long as that group resists the cause of God. As soon as it gives up this resistance hostility should cease. 

204. Here the term fitnah is used in a different sense from the one in which it was used above see(verse 191). It is evident from the context that fitnah refers here to the state of affairs wherein the object of obedience is someone other than God. Hence the purpose of a believer’s fighting is that this fitnah should cease and obedience should be consecrated to God alone. 

An investigation of the usages of the word din (which occurs in this verse) reveals that the core of its meaning is obedience. In its technical usage, the word refers to that system of life which arises as a result of a person recognizing someone as his Lord and Sovereign and committing himself to following his commands and ordinances. This explanation of the word din makes it quite clear that when some human beings establish their godhead and absolute dominance over others, this state of affairs is one of fitnah. Islam seeks to put an end to this and replace it by a state of affairs in which people live in obedience to the laws of God alone. 

205. What is meant here by ‘desisting’ is not the abandonment of unbelief and polytheism on the part of the unbelievers but rather their desistance from active hostility to the religion enjoined by God. The unbeliever, the polytheist, the atheist, has each been, empowered to hold on to his beliefs and to worship who and whatever he wishes. In order to deliver these people from their error, Muslims are required to counsel them and tell them where their good lies. But Muslims ought not to try to achieve this purpose by resorting to force. At the same time, these misguided people have no right to either enforce the false laws of their own contriving instead of the laws of God or to drive the people of God to bondage of others than God. In order to put an end to this fitnah, both persuasion and force be used, whenever and to the extent to which each of the two is needed, and a true believer will not rest until the unbelievers give up this fitnah. 

The statement that hostility is meant only against wrong-doers seems to imply that when the true system of life replaces the false one, ordinary people should be granted a general amnesty. At the same time, however, it would be justifiable to punish those who exceeded all limits in their hostility to the Truth, at the time when they held the reins of power. Yet in dealing with such people, it becomes the true believers, after they have one final victory, to adopt a general attitude of forgiveness and tolerance towards the vanquished rather than subject them to revenge for the wrongs they committed in the past. Those criminals whose records were exceptionally bad could, however, be punished. The Prophet (peace be on him), availed himself of this permission in respect of some notorious enemies whose hostility had exceeded all limits, even though pardon and forgiveness behoved none more than him. Thus ‘Uqbah ibn Abi Mu’avt and Nadr b. Harith from among the captives of the Battle of Badr were put to death and when a general amnesty, was proclaimed after the conquest of Makka four out of seventeen persons were executed. (See Ibn Hisham, vol. 1, p. 644 and vol. 2, pp. 409 ff. – Ed.) These acts were based on the permission to put to the sword those who have been conspicuously ruthless in their hostility to Islam and the Muslims.

يَسۡـئَلُوۡنَكَ عَنِ الۡاَهِلَّةِ ​ؕ قُلۡ هِىَ مَوَاقِيۡتُ لِلنَّاسِ وَالۡحَجِّ ؕ وَلَيۡسَ الۡبِرُّ بِاَنۡ تَاۡتُوا الۡبُيُوۡتَ مِنۡ ظُهُوۡرِهَا وَلٰـكِنَّ الۡبِرَّ مَنِ اتَّقٰى​ۚ وَاۡتُوا الۡبُيُوۡتَ مِنۡ اَبۡوَابِهَا وَاتَّقُوا اللّٰهَ لَعَلَّکُمۡ تُفۡلِحُوۡنَ‏‏‏ ﴿2:189﴾

(2:189) People question you concerning the phases of the moon. Say: “They are signs to determine time for the sake of people and for the Pilgrimage.”¹⁹⁸ Also tell them: “True righteousness is not that you enter your houses from the back; righteousness lies in fearing Allah. So, enter your houses by their doors, and fear Allah that you might attain true success.”¹⁹⁹

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Notes

198. The waxing and waning of the moon has attracted men’s attentions throughout the ages and all kinds of fanciful ideas, superstitions and rituals have been, and are still today, associated with it. The moon was considered the basis of good and bad omens. Certain dates were considered auspicious and others inauspicious for starting journeys, for beginning new tasks, for weddings and so on on the ground that the rising and setting of the moon, its waxing and waning and its eclipse affect human destiny. The Arabs too had their share of such superstitions. It was therefore natural that enquiries regarding such matters should be addressed to the Prophet. 

In response, God says that the waxing and waning of the moon is nothing more than a physical phenomenon. By its appearance in the firmament the moon enables man to divide his year and it can thus be considered nature’s own calendar. Particular reference is made to Hajj because it occupied the position of highest importance in the religious, cultural and economic life of the Arabs. Four months of the year were specified since they were the months of major and minor Pilgrimage (Hajj and ‘Umrah). During these months there was to be no warfare and the routes were completely safe for travelling. Thanks to the peace and tranquillity thus established, trade and commerce prospered. 

199. One superstitious custom of the Arabs was that once they entered the state of consecration for Pilgrimage they did not enter their houses by the door. Instead, they either leapt over the walls from the rear or climbed through windows which they had specially erected for that purpose. On returning from journeys, too, they entered their houses from the rear. In this verse this superstitious custom is denounced, as are all superstitious customs; it is pointed out that the essence of moral excellence consists of fearing God and abstaining from disobeying His commands. Those meaningless customs by which people felt bound, out of blind adherence to the traditions of their forefathers, and which had no effect at all on man’s ultimate destiny, had nothing to do with moral excellence.

وَلَا تَاۡكُلُوۡٓا اَمۡوَالَـكُمۡ بَيۡنَكُمۡ بِالۡبَاطِلِ وَتُدۡلُوۡا بِهَآ اِلَى الۡحُـکَّامِ لِتَاۡکُلُوۡا فَرِيۡقًا مِّنۡ اَمۡوَالِ النَّاسِ بِالۡاِثۡمِ وَاَنۡـتُمۡ تَعۡلَمُوۡنَ‏ ﴿2:188﴾

(2:188) Do not usurp one another’s possessions by false means, nor proffer your possessions to the authorities so that you may sinfully and knowingly usurp a portion of another’s possessions.¹⁹⁷

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Notes

197. One meaning of this verse is that people should not try to seek illegitimate benefits by bribing magistrates. Another meaning is that when a person is aware that the property, he claims rightfully belongs to someone else, he should not file a judicial petition either because the other party lacks the evidence to support their case or because by trickery and cunning the petitioner can usurp that property. It is possible that the judicial authority would decide the case in favour of the false claimant on the basis of the formal strength of the claim, but as this judicial verdict would merely be the result of the chicanery to which the claimant had resorted he would not become its rightful owner. In spite of the judgement of the court the property would remain unlawful for him in the sight of God. It has been reported in a Tradition that the Prophet said: ‘I am merely a human being and you bring to me your disputes. It is possible that some of you will be more impressive in argument than others, so that 1 may give judgement in favour of one on the basis of what 1 hear. Beware that if 1 award to someone what belongs to his brother, I will have assigned to him a lump of Fire.’ (Bukhari, ‘Shahadat’, 27; Muslim, ‘Aqdiayah’, 4; Abu Da’ud , ‘Aqdiayah’, 7; Tirmidhi, ‘Ahkam’, 11, 18; Nasai ‘Qudat’, 12, 33; 1bn Majah, ‘AhkAm’, 5, etc. – Ed.)

اُحِلَّ لَـکُمۡ لَيۡلَةَ الصِّيَامِ الرَّفَثُ اِلٰى نِسَآئِكُمۡ​ؕ هُنَّ لِبَاسٌ لَّـكُمۡ وَاَنۡـتُمۡ لِبَاسٌ لَّهُنَّ ؕ عَلِمَ اللّٰهُ اَنَّکُمۡ كُنۡتُمۡ تَخۡتَانُوۡنَ اَنۡفُسَکُمۡ فَتَابَ عَلَيۡكُمۡ وَعَفَا عَنۡكُمۡۚ فَالۡـٰٔنَ بَاشِرُوۡهُنَّ وَابۡتَغُوۡا مَا کَتَبَ اللّٰهُ لَـكُمۡ وَكُلُوۡا وَاشۡرَبُوۡا حَتّٰى يَتَبَيَّنَ لَـكُمُ الۡخَـيۡطُ الۡاَبۡيَضُ مِنَ الۡخَـيۡطِ الۡاَسۡوَدِ مِنَ الۡفَجۡرِ​ؕ ثُمَّ اَتِمُّوا الصِّيَامَ اِلَى الَّيۡلِ​ۚ وَلَا تُبَاشِرُوۡهُنَّ وَاَنۡـتُمۡ عٰكِفُوۡنَ فِى الۡمَسٰجِدِؕ تِلۡكَ حُدُوۡدُ اللّٰهِ فَلَا تَقۡرَبُوۡهَا ؕ كَذٰلِكَ يُبَيِّنُ اللّٰهُ اٰيٰتِهٖ لِلنَّاسِ لَعَلَّهُمۡ يَتَّقُوۡنَ‏﴿2:187﴾

(2:187) It has been made lawful for you to go in to your wives during the night of the fast. They are your garment, and you are theirs.¹⁹⁰ Allah knows that you used to betray yourselves and He mercifully relented and pardoned you. So you may now associate intimately with your wives and benefit from the enjoyment Allah has made lawful for you,¹⁹¹ and eat and drink¹⁹² at night until you can discern the white streak of dawn against the blackness of the night;¹⁹³ then (give up all that and) complete your fasting until night sets in.¹⁹⁴

But do not associate intimately with your wives during the period when you are on retreat in the mosques.¹⁹⁵ These are the bounds set by Allah; do not, then, even draw near them.¹⁹⁶ Thus does Allah make His Signs clear to mankind that they may stay away from evil. 

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Notes

190. Just as nothing intervenes between a person’s body and his clothes, so nothing can intervene between a man and his wife; it is a relationship of inalienable intimacy. 

191. Although there was no categorical ordinance in the early days prohibiting sexual intercourse between husband and wife during the nights of Ramadan, people generally assumed that this was not permissible. Despite the feeling that their action was either not permitted or was at least disapproved of, they did at times approach their wives. Such a betrayal of conscience can encourage a sinful disposition. God, therefore, first reproaches them with their lack of integrity, for this is what was objectionable. As for the act itself, God makes it clear that it is quite permissible. Henceforth they might engage in sexual intercourse as a perfectly lawful act unencumbered by feelings of guilt. 

192. In this connection, too, there was a misapprehension at first. Some thought that eating and drinking were absolutely prohibited after the performance of the ‘Isha’ (Night) Prayer. Others thought that one could eat and drink so long as one had not fallen asleep, but that if one had it was not permissible to eat on reawakening. These were people’s own fancies and often caused great inconvenience. This verse seeks to remove all such misconceptions. It clearly lays down the duration of the fast: from dawn until sunset. Between sunset and dawn it is permissible to eat, to drink, and to indulge in the legitimate gratification of sexual desires. 

At the same time the Prophet introduced the pre-fasting repast, recommending a good meal just before dawn. 

193. In fixing the time of obligatory rites, Islam has been mindful that these timings should be so clear and simple that people, at all stages of development, should be able to follow them. This is why Islam bases its timing on conspicuous natural phenomena and not on the clock. 

Some people object that this principle of timing is untenable in areas close to the poles, where night and day each last for about six months. This objection is based on a very superficial knowledge of geography. In point of fact neither day nor night lasts for six months in those areas – not in the sense in which people living near the Equator conceive of night and day. The signs of morning and evening appear at the poles with unfailing regularity and it is on this basis that people time their sleeping and waking, their professional work, their play and recreation. Even in the days before watches were common, the people of countries like Finland, Norway and Greenland used to fix the hours of the day and night by means of various signs that appeared on the horizon. Just as those signs helped them to determine their schedules in other matters, so they should enable them to time their various Prayers, the pre-fast meal and the breaking of the fast. 

194. ‘Complete your fasting until night sets in’ means that the time of fasting ends with nightfall, i.e. sunset marks the breaking of the fast. The precise time of the end of the pre-dawn repast is when a lean strip of aurora appears at the eastern end of the horizon and begins to grow. The time to break one’s fast starts when the darkness of night seems to have begun to appear over the eastern horizon. 

In our own time, some people have adopted an attitude of extreme caution with regard to the time of both the end and start of fasting. The Law has not fixed these schedules with rigid precision. If a person wakes up just at the crack of dawn it is proper for him to eat and drink hastily. According to a Tradition the Prophet said: ‘If anyone of you hears the call for [the morning] Prayer while he is eating he should not stop immediately, but should finish eating to the extent of his bare need.’ (Abu Da’ud. Siyam’, 14 – Ed.) Similarly, one need not wait for the light of day to disappear fully before breaking the fast. The Prophet, for instance, used to ask Bilil to bring him something to drink as soon as the sun had set. Bilal expressed his astonishment, pointing out that the light of day could still be observed. To this the Prophet replied that the time of fasting came to an end when the darkness of night began to rise from the east. (Muslim, ‘Siyam’, 10; Abu Da’ud, ‘Siyam’, 15; etc. – Ed.) 

195. ‘On retreat in the mosque’ refers to the religious practice of spending the last ten days of Ramadan in the mosque, consecrating this time to the remembrance of God. In this state, known as i’tikaf, one may go out of the mosque only for the absolutely necessary requirements of life, but one must stay away from gratifying one’s sexual desire. 

196. The directive here is neither to exceed nor draw near the limits set by God. This means that it is dangerous for a man to skirt the boundaries of disobedience; prudence demands that one should keep some distance from these lest one’s steps inadvertent lead one to cross them. The same principle has been enunciated in a Tradition in which the Prophet said: ‘Even sovereign has an enclosed pasture and the enclosed pasture of God consists of His prohibitions. So, whosoever keeps grazing around that pasture is likely to fall into it.’ (Bukhari, ‘lman’, 36; ‘Buyu”, 3; Muslim, ‘Musaqah’, 107; Abu Da’d, ‘Buyu”, 3; Tirmidhi, ‘Buyu”, 1; Nasa’i, ‘Buyu?, 3; ‘Ashribah’, 50; Ibn Majah, ‘Fitan’, 14 – Ed.) 

It is a pity that many people. who are not conversant with the spirit of the Shari’ah (Islamic law), insist on using these boundaries to the limits. Many religious scholars exert themselves in finding out arguments to justify this attitude, and a point is thus reached where only a hair’s breadth separates obedience from disobedience. Consequently many people fall prey to disobedience, even to downright error and wrong-doing. For once a man arrives at this point he is seldom capable of discerning between right and wrong, and maintaining the absolute self-control needed to keep within the lawful limits.

وَاِذَا سَاَلَـكَ عِبَادِىۡ عَنِّىۡ فَاِنِّىۡ قَرِيۡبٌؕ اُجِيۡبُ دَعۡوَةَ الدَّاعِ اِذَا دَعَانِ فَلۡيَسۡتَجِيۡبُوۡا لِىۡ وَلۡيُؤۡمِنُوۡا بِىۡ لَعَلَّهُمۡ يَرۡشُدُوۡنَ‏ ﴿2:186﴾

(2:186) (O Muhammad), when My servants ask you about Me, tell them I am quite near; I hear and answer the call of the caller whenever he calls Me. Let them listen to My call and believe in Me;¹⁸⁸ perhaps they will be guided aright.¹⁸⁹

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Notes

188. Even though people can neither see God nor subject Him to any other form of sense perception this should not make them feel that God is remote from them. On the contrary, He is so close to each and every person that whenever any person so wishes he can communicate with his Lord. So much so that God hears and responds even to the prayers which remain within the innermost recesses of the heart. 

People exhaust themselves by approaching false and powerless beings whom they foolishly fancy to be their deities but who have neither the power to hear nor to grant their prayers. But God, the omnipotent Lord and the absolute Master of this vast universe, Who wields all power and authority, is so close to human beings that they can always approach Him without the intercession of any intermediaries, and can put to Him their prayers and requests. 

189. This announcement of God’s closeness to man may open his eyes to the Truth, may turn him to the right way wherein lies his success and well-being.

شَهۡرُ رَمَضَانَ الَّذِىۡٓ اُنۡزِلَ فِيۡهِ الۡقُرۡاٰنُ هُدًى لِّلنَّاسِ وَ بَيِّنٰتٍ مِّنَ الۡهُدٰى وَالۡفُرۡقَانِۚ فَمَنۡ شَهِدَ مِنۡكُمُ الشَّهۡرَ فَلۡيَـصُمۡهُ ؕ وَمَنۡ کَانَ مَرِيۡضًا اَوۡ عَلٰى سَفَرٍ فَعِدَّةٌ مِّنۡ اَيَّامٍ اُخَرَؕ يُرِيۡدُ اللّٰهُ بِکُمُ الۡيُسۡرَ وَلَا يُرِيۡدُ بِکُمُ الۡعُسۡرَ وَلِتُکۡمِلُوا الۡعِدَّةَ وَلِتُکَبِّرُوا اللّٰهَ عَلٰى مَا هَدٰٮكُمۡ وَلَعَلَّکُمۡ تَشۡكُرُوۡنَ‏ ﴿2:185﴾

(2:185) During the month of Ramadan the Qur’an was sent down as a guidance to the people with Clear Signs of the true guidance and as the Criterion (between right and wrong). So those of you who live to see that month should fast it, and whoever is sick or on a journey should fast the same number of other days instead. Allah wants ease and not hardship for you so that you may complete the number of days required,¹⁸⁶ magnify Allah for what He has guided you to, and give thanks to Him.¹⁸⁷

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Notes

186. Whether a person should or should not fast while on a journey is left to individual discretion. We find that among the Companions who accompanied the Prophet on journeys some fasted whereas others did not; none objected to the conduct of another. The Prophet himself did not always fast when travelling. On one journey a person was so overwhelmed by hunger that he collapsed; the Prophet disapproved when he learned that the man had been fasting. During wars the Prophet used to prevent people from fasting so that they would not lack energy for the fight. It has been reported by ‘Umar that two military expeditions took place in the month of Ramadan. The first was the Battle of Badr and the second the conquest of Makka. On both occasions the Companions abstained from fasting, and, according to Ibn ‘Umar, on the occasion of the conquest of Makka the Prophet proclaimed that people should not fast since it was a day of fighting. In other Traditions the Prophet is reported to have said that people should not fast when they had drawn close to the enemy, since abstention from fasting would lead to greater strength. (See Ahmad b. Hanbal, Musnad, vol. 3, p. 329, and vol. 5, pp. 205 and 209: Darimi, ‘ Sawm’, 41; Muslim, ‘Siyarn’, 92; Nasai, ‘Siyam’, 47; Bukhari, ‘Maghazi’, 71; Muslim, ‘Siyam’, 102; Ahmad b. Hanbal, Musnad, vol. 3, pp. 21, 35, 46; Tirmidhi, ‘Sawm’, 18, Nasa’i. ‘Siyam’, 52; Bukhari , ‘Jihad’, 29; Muslim, ‘Siyam’, 98; Abu Da’ud, ‘Sawm’ 42; Muslim, ‘Siyam’, 102, 103, 105; Ahmad b. Hanbal, Musnad vol. 2, 99; Tirmidhi, : ‘Sawm’, 19 – Ed.)

The duration of a journey for which it becomes permissible for a person to abstain from fasting is not absolutely clear from any statement of the Prophet, (cf. relevant Traditions Abu Da’ud, ‘Sawm’, 46, 47; Nasai , ‘Siyam’, 54, 55; Malik, Muaatta’, ‘Siyam’, 21, 27 – Ed.) In addition the practice of the Companions was not uniform. It would seem that any journey which is commonly regarded as such, and which is attended by the circumstances generally associated with travelling, should be deemed sufficient justification for not fasting. 

Jurists agree that one does not have to fast on the day of commencing a journey; one may eat either at the point of departure or after the actual journey has commenced. Either course is sanctioned by the practice of the Companions. Jurists, however, are not agreed as to whether or not the residents of a city under attack may abstain from fasting even though they are not actually travelling. Ibn taymiyah favours the permissibility of abstention from fasting and supports his view with vcry forceful arguments. 

187. This indicates that fasting need not be confined, exclusively, to Ramadan. For those who fail to fast during that month owing to some legitimate reason God has kept the door of compensation open during other months of the year so that they need not be deprived of the opportunity to express their gratitude to Him for His great bounty, in revealing the Qur’an. 

It should he noted here that fasting in Ramadan has not only been declared an act of worship and devotion and a means to nourish piety but has also been characterized as an act of gratefulness to God for His great bounty of true guidance in the form of the Qur’an. In fact, the best way of expressing gratitude for someone’s bounty or benevolence is to prepare oneself, to the best of one’s ability, to achieve the purpose for which that bounty has been bestowed. The Qur’an has been revealed so that we may know the way that leads to God’s good pleasure, follow that way ourselves and direct the world along it. Fasting is an excellent means by which to prepare ourselves for shouldering this task. Hence fasting during the month of the revelation of the Qur’an is more than an act of worship and more than an excellent course of moral training; it is also an appropriate form for the expression of our thankfulness to God for the bounty of the Qur’an.

يٰٓـاَيُّهَا الَّذِيۡنَ اٰمَنُوۡا كُتِبَ عَلَيۡکُمُ الصِّيَامُ کَمَا كُتِبَ عَلَى الَّذِيۡنَ مِنۡ قَبۡلِکُمۡ لَعَلَّكُمۡ تَتَّقُوۡنَۙ‏ ﴿2:183﴾ اَيَّامًا مَّعۡدُوۡدٰتٍؕ فَمَنۡ كَانَ مِنۡكُمۡ مَّرِيۡضًا اَوۡ عَلٰى سَفَرٍ فَعِدَّةٌ مِّنۡ اَيَّامٍ اُخَرَ​ؕ وَعَلَى الَّذِيۡنَ يُطِيۡقُوۡنَهٗ فِدۡيَةٌ طَعَامُ مِسۡكِيۡنٍؕ فَمَنۡ تَطَوَّعَ خَيۡرًا فَهُوَ خَيۡرٌ لَّهٗ ؕ وَاَنۡ تَصُوۡمُوۡا خَيۡرٌ لَّـکُمۡ اِنۡ كُنۡتُمۡ تَعۡلَمُوۡنَ‏﴿2:184﴾

(2:183) Believers! Fasting is enjoined upon you, as it was enjoined upon those before you, that you become God-fearing.¹⁸³ (2:184) Fasting is for a fixed number of days, and if one of you be sick, or if one of you be on a journey, you will fast the same number of other days later on. For those who are capable of fasting (but still do not fast) there is a redemption: feeding a needy man for each day missed. Whoever voluntarily does more good than is required, will find it better for him;¹⁸⁴ and that you should fast is better for you, if you only know.¹⁸⁵

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Notes

183. Like most other injunctions of Islam those relating to fasting were revealed gradually. In the beginning the Prophet (peace be on him) had instructed the Muslims to fast three days in every month, though this was not obligatory. When the injunction in the present verse was later revealed in 2 A.H., a degree of relaxation was introduced: it was stipulated that those who did not fast despite their capacity to endure it were obliged to feed one poor person as an expiation for each day of obligatory fasting missed see (verse 184). Another injunction was revealed later see (verse 185) and here the relaxation in respect of able-bodied persons was revoked. However, for the sick, the traveller, the pregnant, the breast-feeding women and the aged who could not endure fasting, the relaxation was retained. (See Bukhari, ‘Tafsir al-Qur’an’, 25; Tirmidhi, ‘Sawm’, 21; Nasai, ‘Siyam’, 51, 62, 64; Ibn Majah, ‘Siyam’, 12; Ahmad b. Hanbal, Musnad, vol. 3, p. 104; vol. 4, pp. 347 and 418; vol. 5, p. 29 – Ed.) 

184. This act of extra merit could either be feeding more than the one person required or both fasting and feeding the poor. 

185. Here ends the early injunction with regard to fasting which was revealed in 2 A.H. prior to the Battle of Badr. The verses that follow were revealed about one year later and are linked with the preceding verses since they deal with the same subject.

كُتِبَ عَلَيۡكُمۡ اِذَا حَضَرَ اَحَدَكُمُ الۡمَوۡتُ اِنۡ تَرَكَ خَيۡرَا  ۖۚ اۨلۡوَصِيَّةُ لِلۡوَالِدَيۡنِ وَالۡاَقۡرَبِيۡنَ بِالۡمَعۡرُوۡفِۚ حَقًّا عَلَى الۡمُتَّقِيۡنَؕ‏  ﴿2:180﴾ فَمَنۡۢ بَدَّلَهٗ بَعۡدَمَا سَمِعَهٗ فَاِنَّمَآ اِثۡمُهٗ عَلَى الَّذِيۡنَ يُبَدِّلُوۡنَهٗؕ اِنَّ اللّٰهَ سَمِيۡعٌ عَلِيۡمٌؕ‏ ﴿2:181﴾ فَمَنۡ خَافَ مِنۡ مُّوۡصٍ جَنَفًا اَوۡ اِثۡمًا فَاَصۡلَحَ بَيۡنَهُمۡ فَلَاۤ اِثۡمَ عَلَيۡهِؕ اِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏ ﴿2:182﴾

(2:180) It is decreed that when death approaches, those of you who leave behind property shall bequeath equitably to parents and kinsmen. This is an obligation on the God-fearing.¹⁸² (2:181) Then if anyone alters the will after hearing it, this sin shall be upon them who alter. Surely Allah is All-Hearing, All-Knowing. (2:182) He who suspects that the testator has committed an error or injustice and then brings about a settlement among the parties concerned incurs no sin. Surely Allah is Much-Forgiving, Most Compassionate. 

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Notes

182. This injunction relates to a period of time when no rules had been laid down for the distribution of inheritance. Thus everyone was required to make testamentary disposal of their property so as to ensure that no disputes arose in the family and no legitimate claimant to inheritance was deprived of his due share. Later when God revealed a set of laws regarding the distribution of inheritance see (Qur’an 4: 11 ff.), the Prophet elucidated further the laws relating to testamentary disposition and inheritance by expounding two rules.

First, that no person can make any will regarding his estate in favour of any of his legal heirs. Their portions were laid down in the Qur’an and neither increase nor decrease in this was permissible, nor could any heir be disinherited, nor anything willed in favour of any heir over and above his legal portion. (See the Tradition: ‘There may be no will in favour of the heir.’ See Abu Da’ud, ‘Al-Wasaya’, 6; Tirmidhi, ‘Al-Wasaya’, 5; Nasa’i, ‘Al-Wasaya’, 5; Ibn Majah, ‘Al-Wasaya’, 5 – Ed.) 

Second, that testamentary disposition might be made to the extent of one third of the estate, but no more. (See Bukhari, ‘Al-Wasaya’, 2 and 3; Muslim, ‘Al-Wasiyah’, 5-10; Abu Da’ud, ‘Al-Wasaya’, 2 – Ed.) 

The purpose underlying these explanatory directives of the Prophet seems to be that at least two-thirds of the estate should be left aside to be distributed among the legal heirs according to the Qur’anic rules, and that a will could be made in respect of the whole or part of the remaining one-third. This could be made in favour of either relatives, whether close or distant, who are not legal heirs, or others not related by the blood-tie but who are deserving of assistance. Likewise, a will could be made in favour of charitable causes which are found worthy of support. 

In later times people began to regard this directive regarding testamentary disposal as a recommendation only. The result was that this rule fell largely into disuse. It is significant, however, that the Qur’an mentions it as ‘an obligation on the God-fearing’. Were Muslims to make this injunction an operative institution no trace would remain of the problems which agitate their minds respecting the Islamic law of inheritance , for example grandchildren whose parents had predeceased their paternal or maternal grandparents and who, under Islamic law, were not entitled to inherit from their grandparents. (The author suggests that re-activating the Qur’anic directive on testamentary disposal is the answer to this and similar problems – Ed.)

يٰٓاَيُّهَا الَّذِيۡنَ اٰمَنُوۡا كُتِبَ عَلَيۡكُمُ الۡقِصَاصُ فِى الۡقَتۡلٰى  ؕ الۡحُرُّ بِالۡحُـرِّ وَالۡعَبۡدُ بِالۡعَبۡدِ وَالۡاُنۡثَىٰ بِالۡاُنۡثٰىؕ فَمَنۡ عُفِىَ لَهٗ مِنۡ اَخِيۡهِ شَىۡءٌ فَاتِّبَاعٌۢ بِالۡمَعۡرُوۡفِ وَاَدَآءٌ اِلَيۡهِ بِاِحۡسَانٍؕ ذٰلِكَ تَخۡفِيۡفٌ مِّنۡ رَّبِّكُمۡ وَرَحۡمَةٌ  ؕ فَمَنِ اعۡتَدٰى بَعۡدَ ذٰلِكَ فَلَهٗ عَذَابٌ اَلِيۡمٌۚ‏ ﴿2:178﴾ وَ لَـكُمۡ فِى الۡقِصَاصِ حَيٰوةٌ يّٰٓـاُولِىۡ الۡاَلۡبَابِ لَعَلَّکُمۡ تَتَّقُوۡنَ‏  ﴿2:179﴾

(2:178) Believers! Retribution is prescribed for you in cases of killing:¹⁷⁶ if a freeman is guilty then the freeman; if a slave is guilty then the slave; if a female is guilty, then the female.¹⁷⁷

But if something of a murderer’s guilt is remitted by his brother¹⁷⁸ this should be adhered to in fairness,¹⁷⁹ and payment be made in a goodly manner. This is an alleviation and a mercy from your Lord; and for him who commits excess after that¹⁸⁰ there is a painful chastisement. (2:179) People of understanding, there is life for you in retribution¹⁸¹ that you may guard yourselves against violating the Law. 

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Notes

176. Retribution, that is, blood revenge, is based on the principle that what a person has done to others ought to be done to him. This does not mean that the murderer should be put to death in exactly the same manner as he killed but that the murderer should be subjected to the same act, i.e. killing, as that to which he subjected his victim. 

177. In pre-Islamic Arabia people tried to take blood revenge upon the murderer’s family and tribe, and the retaliation corresponded to the value placed on the blood of the victim. Their desire for revenge was not quenched merely by putting the murderer to death. They preferred to put to death tens and even hundreds of people to avenge the one life they had lost. If a respected member of their tribe was killed by an ordinary member of another, it was not deemed enough to put to death the actual murderer. They preferred to kill a man of the murderer’s tribe equal in standing to the victim, and even several members of the murderer’s tribe. However, if the victim was a man of humble standing from another tribe, and the murderer from their tribe happened to be a man of high standing, they were unwilling to permit the execution of the murderer. 

This attitude is not confined to the Ignorance of that bygone age. Even today those nations that are supposedly the most civilized will often proclaim, officially and quite brazenly, that if one of their citizens is killed they will execute scores of the killer’s compatriots. In addition we often hear that to avenge the murder of one person a large number of hostages belonging to a subject nation have been shot dead. One of the ‘civilized’ nations of the present century subjected the whole Egyptian nation to blood revenge because one of their officials, Sir Lee Stack, was killed by an Egyptian. The courts of justice of these so-called civilized nations have been known to refrain from passing the death sentence on convicted homicides when they happened to be members of the ruling nation while their victims belonged to the subject nation. It is iniquities such as these that God seeks to end by means of the directive contained in this verse. What God says here is that the killer ought to be put to death irrespective of his status and that of the victim. 

178. The very use of the word ‘brother’ in this context suggests that as a general rule one ought to incline towards leniency. Despite the bitterness felt towards someone who has shed the blood of, say, one’s father, the murderer is still one’s brother by virtue of being a member of the human family. Hence if one who has been wronged can overcome the vengeful spirit aroused by his erring brother’s deed, this attitude of forgiveness will be worthy of his humanity.

This verse also makes it clear that according to the Islamic penal law the question of homicide can be settled by the mutual consent of the two parties. It is the prerogative of the heirs of the victim to forgive the murderer, and if it is exercised not even a judge has the power to insist on carrying out the death sentence. In such a case, however, as the following verse mentions, the murderer will be made to pay blood money. 

179. The term ma’ruf occurs quite frequently in the Qur’an. It refers to conduct which is reckoned fair and equitable by the generality of disinterested people. The generally accepted usages and customs of life are called ‘urf and ma’ruf in Islamic terminology, and they are considered valid in all those matters not specifically regulated by the Shar’iah. 

180. Excess might consist of trying to avenge the blood of the murdered man even after his heirs have settled the matter and received blood money or of efforts on the part of the murderer to delay the payment of blood money thus repaying the heirs of the victim with ingratitude for their kindness and goodwill.

181. This refutes another notion of Ignorance, a notion ingrained in the minds of many people, both past and present. On the one hand there are some people who, entrenched in Ignorance, tend to exceed the limits of moderation in revenge. At the other end of the spectrum stand those who are opposed in principle to the concept of executing a murderer. They have conducted such intense, world-wide propaganda against the death penalty that it has become abhorrent to many people. In fact the impact of this propaganda has been so great that in many countries the death penalty has been abolished altogether. 

The Qur’an, however, addresses itself on this question to wise and intelligent people and cautions them against such immoderate leniency by proclaiming that the survival of human society rests on the application of the death penalty for homicide. A society which holds inviolable the lives of those who disregard the sanctity of human life is in fact rearing snakes and serpents. To save the life of one murderer is to risk the lives of many innocent human beings.