دَيْن

4:155; 5:13.

2:44; 4:78; 6:73; 22:79; 24:57; 30:32.

Important Words:

میثاق (a covenant). See 2:64.

Commentary:

After setting forth the attitude of the Israelites of the Holy Prophet’s time towards the Prophets of God and their own Scriptures, the Quran draws their attention to the teachings which they had been required to follow but which they ignored.

The verse under comment does not refer to any particular covenant, but to the vices which were rife among the Jews at the time and which were forbidden them in the Bible. Worship of any object other than God is repeatedly forbidden in the Jewish scriptures (Exod. 20:3-6). Again, kindness to parents is also among the injunctions (Exod. 20:12). Similarly, for the kind treatment of kinsmen, clear injunctions have been given (Lev. 19:17, 18; Exod. 21:9, and Prov. 3:27, 28). For care of orphans, an injunction is to be met with in Deut. 14:29. Sympathy for the poor is enjoined in Deut. 15:11. The injunction to deal gently with mankind is found in Prov. 3:30. The commandment to observe Prayer is given in Deut. 6:13. The injunction for alms-giving may be seen in Exod. 23:10, 11.

The Jews openly disregarded these clear injunctions. They set up equals to God, some believing in Ezra as the son of God, others taking the word of their divines as revelation and setting aside the dictates of the Holy Writ. Their treatment of their own kinsmen and others was cruel. Their attitude towards orphans and the indigent was unsympathetic. They were quite devoid of fellow feeling and were lax in worship and alms-giving. It should, however, be noted that God has not condemned the whole Jewish nation, but has made an exception in the case of the righteous few among them.

In this verse, as everywhere else in the Quran, the sequence of words follows the natural order of importance. The worship of the One God is mentioned first. Then mention is made of mankind, who have been divided into two classes: (1) those who deserve good treatment as a right; (2) those to whom kindness is shown as an act of charity. The first class is mentioned first, because in their case there is a sort of obligation, a debt to be paid. Those who are to be treated kindly out of charity are mentioned afterwards, the degree of need in each case determining the sequence. Last of all, acts of obedience to God are mentioned; and out of them the most important ones pertaining to the purification of the soul and the payment of religious taxes are selected; and these are placed after fellow feeling, because fellow feeling is the first step towards the moral elevation of man, who often feels impelled to it from within without reference to any law.

It is noteworthy that the injunctions that are found scattered in the Bible have been placed together in a most beautiful order in the Quran.

4:12, 13, 177; 5:107.

Important Words:

خیر (much wealth) means: (1) good as opposed to evil; (2) wealth acquired or collected by fair and praiseworthy means; (3) much wealth or abundance of wealth; (4) a thing that all desire; (5) welfare and good fortune (Mufradat); (6) the existence of a thing in abundance and perfection; (7) horses, etc. (Aqrab).

حقا (obligation) is derived from حق and has been used in the verse in the accusative case, having something understood before it, the complete expression being حق ذالك حقا (Kashshaf). الحق means: (1) equity or justice; (2) right mode of acting; (3) an obligation or a duty; (4) a debt or anything that is owed; (5) a thing suitable to the requirements of justice, truth, duty, etc. (Lane). See also 2:148.

Commentary:

As disputes about inheritance are a fruitful source of quarrels, murders, etc., the Quran here suitably turns from the subject of retaliation to that of inheritance.

The word used here for "wealth" is خیر and not مال which is the ordinary word used in this sense. خیر means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word خیر for مال, the Quran has also emphasized the necessity of being very circumspect in the acquisition of wealth which should be acquired only by fair and lawful means. Incidentally, therefore, it has been hinted that it is not lawful for a Muslim to make a will with regard to property that has been acquired by unlawful means; for such wealth does not really belong to him.

In 4:12, 13 the Quran fixes the shares of all those persons who should succeed to a deceased person’s property, according to the Islamic law of inheritance, and these in the first instance include parents, children, and wife or husband. In the presence of this law, the injunction given in the verse under comment would, at first sight, appear to be uncalled-for and unnecessary. As a matter of fact, those who believe in the abrogation theory, have actually declared this verse to be abrogated by the ones referred to above. But they are clearly mistaken; for the verse under comment makes an additional and necessary provision in regard to inheritance. Not seldom there come forward claimants who allege that a deceased person had bequeathed such and such portion of his property to them, and even witnesses are not wanting to support their claims. The rightful heirs, not knowing anything about it, naturally suspect the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make a proper bequest at the time of his death that his property be divided among his heirs, i.e. parents, children, wives, etc., according to the Law of Islam, stating therein also the portion of any other individual who is not legally entitled to inherit from him but to whom he may wish to bequeath some of his wealth. Such a declaration made with the knowledge of his heirs and relatives is calculated to put a stop to much litigation. Such a provision is all the more essential in cases when the property or wealth is considerable.

The verse also throws out a hint that a Muslim should, before his death, bequeath a part of his property, not exceeding one-third, to such of his relations as have been debarred by Law from inheriting from him, for instance, distant but deserving relations, non-Muslim parents, non-Muslim children and so on. In such a case the remaining two-thirds will go to his lawful heirs. As to the restriction relating to one-third, it may be noted that the Holy Prophet has made it clear that no testator can bequeath more than one-third of his wealth to others than the lawful heirs. At least two-thirds of the property must go to the heirs (Bukhari).

Islam excludes non-Muslim relatives from the category of heirs to avoid complications. For instance, the near relatives of a deceased person might belong to a people who are at war with the Muslims or in open hostility toward them. In that case, to put money into their hands would be to damage the cause of Islam and injure one’s own interests. Non-Muslim relatives have, therefore, been excluded from lawful heirs so that they may not claim their part of the inheritance as of right. The Quran, however, instructs Muslims to leave to them a part of their property by a special will, so that, in case such property is not likely to be used against the interests of Islam, the former may in this way discharge the obligations they owe to the latter as kinsmen. Another reason for excluding non-Muslim relatives from the category of heirs is that generally non-Muslims do not in practice allow their Muslim relatives to succeed them as heirs. There is no sense, therefore, in allowing Muslim wealth to flow to non-Muslims where no such flow takes place the other way.

The verse serves yet another purpose. According to the Law of Islam, as generally accepted, the grandchild of a deceased Muslim is debarred from inheritance in case the former’s father has predeceased the latter. The Quran, therefore, directs that a portion of the property may be left by a special will by a dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit owing to some of their near kinsmen having predeceased them.

The verse must not be understood to lend itself to the interpretation that the heirs whose portions have been definitely fixed by the Law, can be given more than their prescribed share. This is expressly forbidden by the Holy Prophet (Tirmidhi, ch. on Wasaya).

2:178; 4:37.

Important Words:

خیر (good and abundant wealth). See 2:181.

اقربین (near relatives) is the plural of اقرب (derived from قریب) meaning, one nearer; a near relative (Aqrab).

Commentary:

When the Companions of the Holy Prophet were told that they could not win the pleasure of God and enter Heaven unless they were made to pass through sufferings and afflictions like those that had gone before, they at once signified their readiness to part with their wealth and property in the cause of God and asked the Holy Prophet to let them know what they should spend in order to win the pleasure of God and attain spiritual progress. They did not wait for the threatened trials to actually overtake them, but were prepared to make every kind of sacrifice in advance. They simply wanted to be told what form their sacrifice should take.

In reply to their eager question, God’s reply also indicates a sort of eagerness, as if He meant to impart to the Faithful the relevant commandment in its entirety, without waiting for any further question on their part; for whereas their question related only "what" they should spend, God’s answer goes a step further, describing also "on whom" the money is to be spent. As to the question, what is to be spent should be (1) well-acquired and (2) abundant. In moments of great national need, there can be no hope of success unless people spend freely and generously. But as free and generous expenditure carries with it the danger of weak people resorting to acquiring wealth by unfair means, therefore the condition about the money being "good" has been added.

As to the other part of the anticipated question, i.e. on whom should the money be spent, the Quran says that money should be spent on parents and near relatives (lit. near ones) and orphans and the needy and the wayfarer. The five classes include all such persons as generally stand in need of help. The two first-mentioned classes include relatives, neighbours and friends who go to form the group that immediately surrounds a man and must claim his first attention, owning to personal relationship or personal contact. Then follow two classes that deserve help owing to their particular circumstance, orphans being without anyone to support them and the needy without any means of support. Lastly comes the wayfarer, whose claim consists in his being a stranger with no friend, no relative and no supporter. By pointing out these five classes as deserving of help, the Quran desires to hint that unless the entire community, including those who come to stay with them temporarily, is prepared to fight in the cause of Allah and unless the well-to-do classes help the weaker ones in their preparation for the national struggle, Muslims cannot present a united front nor can their efforts bring about the desired result. Each and every person must gird up his loins to contribute his fullest possible share, and those who cannot do so for want of means must receive help from others who can afford such help.

96:5.

4:30.

Important Words:

ولیه (someone who can watch his interest). ولی means, friend; helper; guardian of one’s affairs; he who protects or watches one’s interests (Aqrab). See also 2:108.

Commentary:

As the preceding verses prohibit interest and enjoin that only the original sum taken as a loan be returned to the creditor, the Quran now fittingly turns to the subject of loans not carrying interest. The verse enjoins that all transactions regarding loans should be committed to writing. It is really amazing, and is indeed a wonderful testimony to its Divine origin, that the Quran, which was revealed about 1,350 years ago when the art of writing was yet in its infancy, should lay so much stress on writing down all transactions.

The verse should not be interpreted to signify that only such transactions should be committed to writing as have a fixed term for the paying back of a loan. The injunction is general and is meant to obviate or minimize disputes so as to leave no room for doubt as to whether any amount has really been lent and as to the amount of the money lent. The words, for a fixed period, have been added to emphasize the additional fact that whenever a loan is advanced, a term must be fixed.

The verse further enjoins that when a transaction is made on credit, the document drawn up should be written by a third person so that there may be little chance of fraud and neither of the parties may have a cause of complaint against the other, both standing on the same level.

The borrower, and not the lender, is to dictate because: (1) it is the borrower who incurs the liability, and justice demands that words defining the liability should not only be well known to, but also selected by him; (2) the document is to be deposited with the lender and not the borrower. So the borrower has been asked to dictate so that the fact of his having dictated may serve as a proof of the correctness of the amount and the condition about payment, and he may have no ground to deny it.The clause, he should not diminish anything therefrom, have been added because loans may be of different kinds. They may not always be in cash and may be for long terms and there may also be certain conditions attached to them. In such cases it sometimes happens that in drawing up documents, people resort to trickery and leave loopholes. So borrowers (who have to dictate) have been warned against such evil practices and have been enjoined to fear God and dictate with honesty and justice.

In the clause, and call two witnesses from among your men, the word "your" has been most wisely added to imply that the witnesses should not be strangers but should be known men residing in the same locality so that, if need arises, they may be easily summoned to give evidence. The words "such as you like", point to the fact that the witnesses, whether men or women, should be desirable persons and should enjoy the confidence of both parties.

The clause, and let no harm be done to the scribe or the witness, signifies that if the scribe is a professional man, he should be duly paid for his services; otherwise wrong would be done to him. Similarly, a person should not be compelled, so far as possible, to become a witness if it causes him loss of any kind. Again, the scribe or the witnesses should also be paid their travelling and other necessary expenses when they are summoned before a Qadi or judge. The words also hint that the witnesses and the scribe should not be forced or threatened or bribed or otherwise influenced to suppress the truth or tell a falsehood when called upon to give evidence.

4:177.

Important Words:

ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).

ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).

Commentary:

This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.

Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).

The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.

The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.

The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).

The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.

4:177.

Important Words:

کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).

Commentary:

The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.

It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.

The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.

It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.

The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.

It may incidentally be noted here that heirs are divided into two main groups:

1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.

2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.

It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.

The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.

The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.

6:152; 7:34; 17:24; 23:60.

Important Words:

جار الجنب (neighbour that is a stranger) is a compound word made up of جار (neighbour) and جنب (stranger or one distant). The compound word thus means, a neighbour who is not from one’s own tribe or community; a distant neighbour (Aqrab & Mufradat).

صاحب بالجنب (companion by your side) is also a compound word made up of صاحب (companion) and جنب (one’s side). The compound word thus means, the immediate neighbour or the near neighbour; or simply companion or co-worker or colleague (Aqrab, Lisan & Mufradat).

Commentary:

After laying down in the preceding verses that one should be kind to one’s wife, in the present verse the Quran enjoins a Muslim to make his kindness so comprehensive as to include in its scope the whole of mankind, from parents who are the nearest, to strangers who are the farthest removed.

The Arabic expression rendered as, neighbour that is a kinsman, may also mean: (1) the neighbour that lives near; (2) the neighbour that is kindly.

Similarly, the words, neighbour that is a stranger, may also include: (1) the neighbour that lives at a distance; (2) the neighbour that is not kindly.

The expression, companion by your side, may mean:(1) wife or husband; (2) comrade on a journey; (3) fellow-partner in a trade or a co-worker; (4) associate; (5) immediate neighbour.

The words, those whom your right hands possess, may refer to slaves, bondwomen, servants and even subordinates.

A person who does not carry out the Divine commandments contained in this verse is condemned as "proud and boastful" because, instead of doing good to others and being kind to them, he looks down upon them and behaves arrogantly. The very act of abstaining from being kind to one’s fellow beings, whether relations or neighbours or strangers, is an act of pride condemned by Islam.

19:37; 36:62; 42:53-54.

Commentary:

The next verse explains what is meant here by being guided in the right path.

5:9.

Important Words:

اولی (more regardful) is derived from ولی. They say ولیه i.e. he was or became near unto him; he loved him and was a friend to him. ولی الشیء means, he managed and looked after the thing. الولی means, friend; one who loves; helper; one who looks after your affairs. اولی means, more entitled, having a better right (Aqrab). They say فلان اولی بکذا i.e. such a one is more entitled to such a thing or has a better right or better title or claim to it; or is more deserving or worthy of it; or is more competent or fit for it (Lane). اولی also means, more regardful or more thoughtful or more considerate (Kashshaf & Muhit).

Commentary:

As in the settlement of differences between husband and wife, a subject dealt with in the preceding verses, witnesses have often to be called in, therefore the Quran here fittingly turns to that subject.

The expression, be witnesses for Allah, means that one should bear witness truly for the sake of God and in strict accordance with His injunctions. The words علی انفسکم rendered as "against yourselves" may also be rendered as "against your people or against your kith and kin", signifying that one should give true evidence in all cases, even against the members of one’s own community or one’s near relations or even when one’s own honour or property is at stake.

The words, parents or kindred, have been added to increase the force of the injunction, i.e. you should give true evidence not only against the members of your own community, but even against those who are closely related to you by blood—your own parents and others near and dear. As one has to more often bear witness against other people than against near relatives, therefore, the former class of persons has been put before the latter.

Important Words:

اَولیان (the two who were in a better position) is derived from ولی being the dual of اولی which means, one more worthy or more competent or more entitled or more deserving or better fitted or having a better claim to do a thing, etc. (Lane). See also 4:136.

استحقااثما (the two are guilty of sin) and استحق علیھم (against whom they sinfully deposed). The word استحق is derived from حقwhich means, it was or became suitable to the requirements of wisdom, justice, right and truth; it was or became right, proper, correct or true; it became established as a truth. استحقه means, he demanded it as his right or due; he had a right or title or claim to it; he deserved or merited it. They say استحق اثما i.e. he did what necessitated sin; or he was guilty of a sin and deserved it being said of him that he was a sinner. The expression علیھم added the word استحق means "against them", the particle علی sometimes meaning "against". استحقھا علی المشتری means, he has a right to it in preference to the purchaser, i.e. he has a better claim to it as against the buyer. The words استحق علیھم therefore, would mean, they (the two witnesses who were in a better position to give true evidence) gave false evidence against their just rights, seeking to deprive them (heirs of the deceased) of their rights by giving false evidence against them.

Commentary:

See collective note on 5:109.