ROOT ع د ل
23 verses • 10 derived words
📖 Lane's Lexicon
Classical definitions for root عدل
Morphology Tree
Lemmas and their derived stems found in the Quran.
Occurrences in Quran
Found 23 verses containing words derived from "E d l".
وَٱتَّقُوا۟ يَوْمًا لَّا تَجْزِى نَفْسٌ عَن نَّفْسٍ شَيْـًٔا وَلَا يُقْبَلُ مِنْهَا شَفَٰعَةٌ وَلَا يُؤْخَذُ مِنْهَا عَدْلٌ وَلَا هُمْ يُنصَرُونَ
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
2:124; 31:34; 82:20.
شَفَاعَة (Shafa‘ah, 说情), 源自 شَفَعَ (Shafa‘a) 其意思是, 他提供源出于一单独的东西与另一东西在一起, 或者把一个单独的东西与它的同类相联系 (مُفْرَدَات, Mufradat)。因此这词具有相象或类似的意义; 此词也意味着为某人说情或祈祷, 以便他得到恩惠, 他的罪恶可以根据他与说情人的关系而被饶恕, 这里还有这样的含意, 说情人的地位高于他为之说情的人的地位, 而且还与他说情的人有着深厚的关系 (مُفْرَدَات和لِسَانْ)。شَفَاعَة (说情) 要具有下列几种条件: (1) 说情者一定要与他希望向其说情而得到其恩惠的人有特别关系, 因为没有这样的关系, 他既不敢前去说情, 也不可能得到说情的效果。 (2) 要人说情的人一定与说情者具有真诚的关系, 因为后者要不是和前者有着这种真诚的关系, 谁也不愿为人去说情。 (3) 寻求说情而能得到同意的人, 一般必须是好人, 曾经作出忠诚的努力以赢得安拉的喜悦, (21:29) 只是由于他一时的软弱而陷入罪恶。 (4) 只有在得到安拉的特殊许可下才能进行说情。 (2:256; 10:4) شَفَاعَة (Shafa‘ah) 正如伊斯兰教所表明的, 实际上只是悔改的另一种形式, 因为 تَوْبَة (Taubah, 悔改) 是重修旧好的意思, 或加强松散关系的意思。因此, 虽然悔悟之门由于死亡而闭上了, 但 شَفَاعَة 即悔悟的另一种形式之门依然开着。شَفَاعَة 是安拉的仁慈显现的一种途径, 安拉不是法官而是主宰, 所以没有什么可以阻挡他对他所喜悦的人施行仁慈。
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
2:124; 31:34; 82:20.
Shafa‘ah is derived from Shafa‘a which means, he provided a thing which was alone with another; joined a thing to its like (Mufradat). Thus the word has the significance of likeness or similarity; also it means, interceding or praying for a person that he may be shown favour and his sins may be passed over on the ground that he is connected with the intercessor, it being also implied that the petitioner is a person of higher position than the one for whom he pleads and also has deep connection with the person with whom he intercedes (Mufradat & Lisan). Shafa‘ah (intercession) is governed by the following conditions: (1) He who intercedes must have a special connection with the person with whom he wishes to intercede and enjoys his special favour, for without such connection he dare not intercede nor can intercession be fruitful. (2) The person for whom intercession is to be made must have a true and real connection with the intercessor, for none would think of interceding for
‘Adl (ransom) means, equity or justice; equal compensation; fair and equitable ransom (Aqrab).
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
Important Words:
تجزی (shall serve as a substitute) is derived from جزی which means, he or it sufficed; he rendered satisfaction; he paid; he requited or recompensed. The expression جزی ھذا من ھذا or جزی ھذا عن ھذا means, this stood in the place of that, or this served as a substitute for that (Lane & Aqrab).
شفاعة (intercession) is derived from شفع which means, he provided a thing, which was alone, with another, or he joined up a single thing with another, so as to make it one of a pair or couple. The Arabs say کان وترا فشفعته i.e. it was a single thing and I joined to it another and made it one of a couple. According to Ar-Raghib الشفع signifies the adjoining a thing to its like; thus the word has the significance of likeness or similarity also. Then the verb شفع has come to mean, he interceded, because the person who intercedes for another attaches, or, as it were, joins or links up the latter to himself and thus uses his influence in his favour. Thus شفع لفلان اوفی فلان الی الامیر means, he interceded for such a person with the prince; he requested or prayed the prince to help or show favour to such a person on the ground that he was attached to him as a relation or friend or follower, etc. شفاعة therefore means, interceding or praying for a person to the effect that he may be shown favour or that his sins may be passed over, on the ground that he is connected with the intercessor or is like or similar to him, it being also implied that the petitioner is a person of higher position than the one for whom he pleads and is also connected with him with whom he intercedes, (Aqrab, Mufradat, Lane & Lisan).
عدل (ransom) means: (1) equity or justice (2) equal compensation; (3) fair and equitable ransom (Aqrab).
Commentary:
The verse is important. God addresses the Israelites, who claimed to be the progeny of the Prophets, saying that though it was a fact that they were descended from holy personages and He had shown special favour to them inasmuch as He had exalted them above other peoples of the age, yet as they repeatedly broke His covenant and had begun to lead wicked lives and had finally rejected the Promised Prophet, who had made his appearance in fulfilment of the prophecies contained in the Bible, they no longer deserved His blessings, but had, on the contrary, become the object of His wrath and must be prepared to render an account of their deeds. The verse under comment calls upon the Jews to prepare themselves for the Day of Retribution when they would stand alone before God and there would be none to intercede for them or help them in any other way. The fact that they were descendants of holy persons would be of no avail, nor would any substitute or ransom be accepted from them. It would indeed be a dreadful day for those who reject God’s Messengers; for on that day nothing but one’s own deeds would count.
As a criminal can count on four possible means of securing his release, God has mentioned all those means and has made it clear that none of them will avail him on the Day of Reckoning. The first idea that comes to the mind of a culprit is to prove that the offence alleged to have been committed by him was legally not committed by him at all. It was either committed by somebody else or, if it was in fact committed by him, it was committed at the instigation of another person, or another person undertook to shoulder his burden. Thus the culprit tries to secure his release by throwing the blame or the responsibility on somebody else. In view of this plea, the Quran says that (on the Day of Judgement) no soul shall serve as a substitute for another soul. If a person is really sinful, the blame will surely lie on his own head and will, by no means, be shifted to another person. Everyone will bear his own cross and there will be no atonement in the sense of one man serving as a substitute for another.
The second possible way of escape when a criminal fails to shift the responsibility to another person, is for him either to try to secure the intercession of an influential person in his favour or to enter a plea that he is related to some big personality and hence is entitled to special treatment. In reply to this, the Quran says, nor shall intercession be accepted for it. As explained above, the word شفاعة here has a twofold significance: (a) that no influential person shall be allowed to intercede for a culprit; and (b) that no culprit shall himself be allowed to put in the plea that he is related to an influential person.
The third possible means of release is for the culprit to try to secure his freedom by paying a ransom. With regard to this the Quran says, nor shall ransom be taken from it.
Finally, when a criminal sees that all other means of escape have failed, he thinks of using force and getting his release by violence. With regard to this, the Quran says: nor shall they be helped, i.e. they shall find no helpers against God.
The Quran mentions these things not by way of threat but to make the Jews realize that they should not entertain false hopes. The only way open to them was to accept the Holy Prophet whom God had raised for their own good.
Here arises a very important question. What is the teaching of Islam about شفاعة (intercession)? Does Islam hold it to be quite useless and unlawful, as would appear from the verse under comment, or does it hold certain forms of شفاعة to be useful and lawful and others to be useless and unlawful? From the teachings of the Quran and the Hadith it appears that the latter view is correct and we proceed to discuss it accordingly. It should be stated at once that the word "intercession" is a very imperfect rendering of the word شفاعة. It conveys only a part of the meaning of شفاعة and that too very imperfectly.
As explained under Important Words, the root meaning of the word شفاعة is to attach or connect or join a thing, or, for that matter, to connect or join oneself with another thing or person so as to form a pair or a couple on the basis of similarity. The Quran uses the different derivations of this word in no less than 29 different places and in all of them the root meaning of the word is retained in one form or another. The word is used in the sense of "intercession" because the person who intercedes for somebody must have a twofold connection:
Firstly, he must have a special connection with the being or person with whom he wishes to intercede, for without such connection none dare intercede nor can intercession be fruitful.
Secondly, he must also have a special connection with the person for whom he intercedes, because none can think of interceding for a person unless he is specially connected with the latter and is akin or similar to him.
In religious terminology شفاعة means intercession with God by a holy man for a sinful person. Here too the twofold connection referred to above is essential. The holy person who intercedes with God must have a special connection with Him, enjoying His special favour and being very near and dear to Him. On the other hand, he should also have real connection with the person on whose behalf he wishes to intercede; for without such connection he cannot be properly moved to intercede nor can his intercession carry much weight with God. In fact, the intercessor, on the essential basis of the aforementioned double connection, approaches God saying, as it were, "My God, I come to Thee with a special request, knowing that Thou art well pleased with me and that I enjoy Thy special favour. Here is an erring man who is sincerely connected with me but in moments of weakness he has stumbled and faltered. But as Thou art kind and good to me, O Lord, be Thou kind also to this sinful servant of Thine and pardon him his sins". This is what may be termed the essence of شفاعة as taught and, held lawful, by Islam.
From the above significance of the word it is apparent that true شفاعة is governed by the following conditions:
(1) He who intercedes must be very near and dear to God enjoying His special favour.
(2) The person for whom he wishes to intercede must have a true and real connection with him.
(3) The person in whose favour intercession is to be made must be a good person overall, only casually tempted to sin in moments of weakness; for it cannot be entertained for a moment that a habitually wicked one can enjoy a true connection with a holy person.
(4) Intercession must always be made with God’s permission; for it is God alone Who knows (a) whether a so-called holy person really stands near and dear to Him, and (b) whether the person for whom intercession is being made is truly and sincerely connected with the holy man making the intercession, for there is many a connection which looks sound and genuine from outside but is rotten from within.
(5) Each and every intercession is not necessarily lawful or fruitful. Only that intercession is lawful which fulfils all the requisite conditions.
The above view finds clear corroboration in the Islamic teachings. For instance, the Quran says: And fear the day when no soul shall serve as a substitute for another soul at all, nor shall any ransom be accepted from it, nor any شفاعة(intercession) avail it, nor shall they be helped (2:124). This verse is addressed to the Jews and signifies that, as they have rejected the Holy Prophet and thus failed to form the most important of spiritual connections, therefore no other connection or intercession will avail them on the Day of Judgement. This makes it clear that شفاعة can avail only those who accept the Messenger of the day. It cannot avail those who, by rejecting a Messenger of God, rebel against divine authority. As such people fail to form the connection that they are called upon to form, no question of شفاعة arises.
Again the Quran says: On the Day of Judgement شفاعة (intercession) shall not avail any person except him for whom God grants permission and with whose word (i.e. with whose expression of faith) He is pleased (20:110). This verse throws light on three very important points:
(a) That if, on the one hand, there are some whom شفاعة (intercession) will not avail, on the other hand, there are others whom it will certainly avail.
(b) But it will avail only those for whom God grants special permission.
(c) That such permission will be granted only in the case of those sinners whose faith at least is sound, i.e. their ایمان(faith) is true and well-founded; only in اعمال (practice) they sometimes show weakness.
At another place the Quran says: Who is he that will intercede with God except by His permission? He knows what is before them and what is behind them; and they encompass nothing of His knowledge except what He pleases (2:256). This verse supplies the reason for the principle adduced in the verse quoted above. God’s permission is necessary because His knowledge alone is perfect and it is only He Who knows whether the twofold connection essential for شفاعةreally exists, i.e. (1) whether the holy person wishing to intercede really enjoys the special relation with God required for such intercession and, (2) whether the person for whom he wishes to intercede is truly and sincerely connected with him.
To illustrate the above point, we may well quote an incident in Noah’s life. At the time of the great Deluge, he saw that his son had been caught by the surging waves and was going to be drowned. Thereupon he turned to God, saying that the drowning boy was one of his family whom God had promised to save. Upon this God sharply reprimanded him, saying, He is surely not of thy family; he is indeed a man of unrighteous conduct. So ask not of Me that of which thou hast no knowledge. I advise thee lest thou become one of the ignorant (11:47). This verse beautifully illustrates the philosophy of شفاعة. In a moment of great uneasiness of mind Noah interceded for his son with God but forgot to ask for His permission, whereupon God reminded him that though the boy was his son in the physical sense, he was not one in the true spiritual sense and was therefore not entitled to شفاعة which has its basis in spiritual kinship.
Having briefly explained the nature and conditions of شفاعة, we now come to the question: How many forms of شفاعة are there? A study of the relevant Quranic verses and of the attendant facts reveals that شفاعة is of three kinds:
(1) Firstly, there is the verbal شفاعة which has been interpreted as "intercession". In this form of شفاعة a holy person actually prays to God on the basis of his special connection with Him that a sinful person who is truly connected with him may be granted forgiveness or that, for that matter, a person suffering from some disease or misfortune may be restored to health or saved from the attending misfortune. In this case "intercession" is really a form of prayer but it makes a stronger appeal and is much more efficacious. For, whereas a prayer is simply a request made to God, شفاعة(intercession) is a prayer reinforced by the twofold connection referred to above. The شفیع (intercessor) appeals to God in a special way because (a) he enjoys God’s special favour, and (b) the person for whom he intercedes is truly and sincerely connected with him. This twofold connection gives intercession a strength that is lacking in an ordinary prayer. The intercessor, so to speak, says to God "My God, if Thou holdest me dear, then be Thou kind also to this sufferer who is dear to me." Such a prayer, if offered with God’s permission, most forcefully moves the mercy of God and is sure of acceptance.
(2) Secondly, there is the form of شفاعة which, though verbal, yet is offered not in the form of a prayer but merely as a simple statement expressive of the relation between the intercessor and the person for whom he intercedes. Sometimes, it happens that through fear of God or through modesty the intercessor does not make an intercession in the form of a direct request or prayer but simply expresses the relation existing between him and the person for whom he wishes to intercede, leaving the conclusion to be drawn by God Himself. A case in point is that of Noah’s intercession for his son referred to above. Noah did not actually pray for his son but simply drew God’s attention to their relationship: My Lord, verily my son is of my family and surely Thy promise is true (11:46). These are Noah’s words. It is a clear case of شفاعةalthough the actual form of prayer is wanting.
(3) Thirdly, there is the شفاعة which is neither made in the form of a prayer nor expressed in words. It simply consists in the practical existence of the twofold relation necessary for شفاعة. In fact, in this case the relationship itself is spoken of as شفاعة. For instance, the Quran speaks of the Jews saying لا تنفعھا شفاعة i.e. on the Day of Judgement no شفاعة shall avail them (2:124). Here شفاعة is used simply in the sense of connection. God means to say that as the Jews have refused to connect themselves with the Holy Prophet of Islam, therefore no other connection will avail them. Their being counted among the followers of Abraham or Moses or David, etc., will be of no avail to them. In this sense a Prophet of God is a شفیع or intercessor for all his true followers without distinction. Everybody who establishes a true connection with him is saved while others perish. In this sense God also is a شفیع for those who connect themselves with Him are saved, while others who remain disconnected are ruined.
Now the question arises, Why has God instituted شفاعة at all? The answer is as follows:
Firstly, شفاعة in the sense of good association is the very essence of spirituality. All spiritual progress depends on a good spiritual contact. A soul not in contact with God is lost and, for that matter, a soul not in contact with the Prophet of the day, who represents God on earth, is also lost. The Quran says, he who forms a good connection will reap the benefit thereof and he who forms an evil connection will suffer the loss attached thereto (4:86). Thus the need and the usefulness of شفاعة in the sense of a good connection is self-evident and one need not say much about it. But when we come to شفاعة in the sense of intercession, an explanation seems called for. When all depends on true belief and right actions, why should the necessity of intercession arise at all? Even a cursory thought leads to the conviction that this question, which has misled many, arises from the misleading conception of the word "intercession" as ordinarily understood. Unprincipled men go about interceding for criminals with unprincipled judges, thus thwarting the very ends of justice. Islamic شفاعة is far from this. It is not a mere intercession but is an adjunct of the principle of true belief and right actions. According to Islam only that person is entitled to شفاعة who is sincerely connected with the Prophet of the day, is true in faith and earnestly tries to live a righteous life according to the teachings of Islam. But, being weak, he sometimes stumbles. There is nothing inherently wrong with his connection with the Prophet, which is pure and true; only an occasional stumbling in practice makes him fall short of the prescribed standard. God entitles such a one to شفاعة and that also by His special permission; and when the Knower of all things considers one to be deserving of forgiveness, who is there to object that the case is not deserving? The Islamic شفاعة is, in fact, only another form of repentance. For what is توبة (repentance) but reforming a broken connection or tightening up a loose one? But whereas the door of repentance is closed with death, the door of شفاعة remains open. Moreover, شفاعة is a means of the manifestation of God’s mercy and God says رحمتی سبقت غضبی i.e. "My mercy is stronger than My anger" (Bukhari). Thus شفاعة (intercession) is based on the manifestation of God’s mercy; and as God is not judge but مالك (Master), there is nothing to stop Him from extending His mercy to whomsoever He pleases.
Yet another reason why شفاعة has been allowed by Islam is that by this means God honours His Prophets. It is indeed a great honour that He should allow a person to intercede with Him.
It has been objected by some Christian critics of Islam that the doctrine of شفاعة is likely to encourage people to commit sins. Nothing can be farther from the truth. The شفاعة as allowed by Islam should encourage people to strengthen their connection with the Prophet rather than weaken it. As sin is nothing but a product of weakness in the spiritual connection, شفاعة and sin really stand poles apart and it is sheer ignorance to suggest that the doctrine of شفاعة, whose very conception rests on the soundness of man’s connection with God and His Prophet, encourages one to sin. On the contrary, it is the Christian doctrine of Atonement which throws open the floodgates of sin; for, unlike Islamic شفاعة the doctrine of Atonement is based on the unnatural conception that one man can bear the sins of another. But of this, more will be explained later when we come to the relevant verses.
Now we come to the last question in this connection, i.e. who will be شفیع (intercessor) on the Day of Judgement? This question has given rise to much controversy and consequently much misunderstanding. Let it be said up front that Islam does not confine شفاعة (intercession) to one person only; for, according to the Islamic conception of شفاعة every holy person whose connection can materially influence the spiritual condition of a man is virtually a شفیع for him. All Prophets are therefore شفیع but they are شفیع only in their own respective spheres. Abraham is a شفیع for those who followed him and Moses is a شفیع for those who followed him and so on. But with the advent of the Holy Prophet of Islam, all other connections have come to an end; for the message of the Holy Prophet is for all time and all mankind. Even the present-day followers of Moses or Jesus cannot turn to these Prophets for شفاعة, because spiritually they are now under the regime of the Holy Prophet of Islam, the regimes of the previous Prophets having come to an end. As a matter of fact, as explained by the Quran itself, the real شفیع is God alone. Says the Quran: There is no helper nor شفیع (intercessor) for you except Allah; will you not then ponder? (32:5) Now as God alone is the real شفیع i.e. He is the One connection with Whom really matters, the Prophets of God become شفیع in a secondary way only. Whosoever among the Prophets represents God on earth at a particular time and in a particular place becomes a شفیعfor the people of that time and that place. From this it follows that the Prophets of God who passed before Islam were شفیع for their own followers and in their own time only; with the advent of Islam the period of their شفاعة came to an end. Now the Prophet of Islam is the only شفیع for all times and all peoples. Being a perfect image of God he is (1) the perfect شفیع and, having a universal mission he is (2) the universal شفیع; and having cancelled all previous connections he is now (3) the only شفیع (peace and blessings of God be on him). For proof of the fact that the Holy Prophet has himself put forward the above claim, the reader is referred to a hadith where the aforesaid distinction of the Prophet on the Day of Judgement is most vividly set forth (Muslim ch. on Iman).
a
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
g
2:124; 31:34; 82:20.
48
شَفَاعَة (Shafa‘ah, 说情), 源自 شَفَعَ (Shafa‘a) 其意思是, 他提供源出于一单独的东西与另一东西在一起, 或者把一个单独的东西与它的同类相联系 (مُفْرَدَات, Mufradat)。因此这词具有相象或类似的意义; 此词也意味着为某人说情或祈祷, 以便他得到恩惠, 他的罪恶可以根据他与说情人的关系而被饶恕, 这里还有这样的含意, 说情人的地位高于他为之说情的人的地位, 而且还与他说情的人有着深厚的关系 (مُفْرَدَات和لِسَانْ)。شَفَاعَة (说情) 要具有下列几种条件: (1) 说情者一定要与他希望向其说情而得到其恩惠的人有特别关系, 因为没有这样的关系, 他既不敢前去说情, 也不可能得到说情的效果。 (2) 要人说情的人一定与说情者具有真诚的关系, 因为后者要不是和前者有着这种真诚的关系, 谁也不愿为人去说情。 (3) 寻求说情而能得到同意的人, 一般必须是好人, 曾经作出忠诚的努力以赢得安拉的喜悦, (21:29) 只是由于他一时的软弱而陷入罪恶。 (4) 只有在得到安拉的特殊许可下才能进行说情。 (2:256; 10:4) شَفَاعَة (Shafa‘ah) 正如伊斯兰教所表明的, 实际上只是悔改的另一种形式, 因为 تَوْبَة (Taubah, 悔改) 是重修旧好的意思, 或加强松散关系的意思。因此, 虽然悔悟之门由于死亡而闭上了, 但 شَفَاعَة 即悔悟的另一种形式之门依然开着。شَفَاعَة 是安拉的仁慈显现的一种途径, 安拉不是法官而是主宰, 所以没有什么可以阻挡他对他所喜悦的人施行仁慈。
a
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
55
Important Words:
تجزی (shall serve as a substitute) is derived from جزی which means, he or it sufficed; he rendered satisfaction; he paid; he requited or recompensed. The expression جزی ھذا من ھذا or جزی ھذا عن ھذا means, this stood in the place of that, or this served as a substitute for that (Lane & Aqrab).
شفاعة (intercession) is derived from شفع which means, he provided a thing, which was alone, with another, or he joined up a single thing with another, so as to make it one of a pair or couple. The Arabs say کان وترا فشفعته i.e. it was a single thing and I joined to it another and made it one of a couple. According to Ar-Raghib الشفع signifies the adjoining a thing to its like; thus the word has the significance of likeness or similarity also. Then the verb شفع has come to mean, he interceded, because the person who intercedes for another attaches, or, as it were, joins or links up the latter to himself and thus uses his influence in his favour. Thus شفع لفلان اوفی فلان الی الامیر means, he interceded for such a person with the prince; he requested or prayed the prince to help or show favour to such a person on the ground that he was attached to him as a relation or friend or follower, etc. شفاعة therefore means, interceding or praying for a person to the effect that he may be shown favour or that his sins may be passed over, on the ground that he is connected with the intercessor or is like or similar to him, it being also implied that the petitioner is a person of higher position than the one for whom he pleads and is also connected with him with whom he intercedes, (Aqrab, Mufradat, Lane & Lisan).
عدل (ransom) means: (1) equity or justice (2) equal compensation; (3) fair and equitable ransom (Aqrab).
Commentary:
The verse is important. God addresses the Israelites, who claimed to be the progeny of the Prophets, saying that though it was a fact that they were descended from holy personages and He had shown special favour to them inasmuch as He had exalted them above other peoples of the age, yet as they repeatedly broke His covenant and had begun to lead wicked lives and had finally rejected the Promised Prophet, who had made his appearance in fulfilment of the prophecies contained in the Bible, they no longer deserved His blessings, but had, on the contrary, become the object of His wrath and must be prepared to render an account of their deeds. The verse under comment calls upon the Jews to prepare themselves for the Day of Retribution when they would stand alone before God and there would be none to intercede for them or help them in any other way. The fact that they were descendants of holy persons would be of no avail, nor would any substitute or ransom be accepted from them. It would indeed be a dreadful day for those who reject God’s Messengers; for on that day nothing but one’s own deeds would count.
As a criminal can count on four possible means of securing his release, God has mentioned all those means and has made it clear that none of them will avail him on the Day of Reckoning. The first idea that comes to the mind of a culprit is to prove that the offence alleged to have been committed by him was legally not committed by him at all. It was either committed by somebody else or, if it was in fact committed by him, it was committed at the instigation of another person, or another person undertook to shoulder his burden. Thus the culprit tries to secure his release by throwing the blame or the responsibility on somebody else. In view of this plea, the Quran says that (on the Day of Judgement) no soul shall serve as a substitute for another soul. If a person is really sinful, the blame will surely lie on his own head and will, by no means, be shifted to another person. Everyone will bear his own cross and there will be no atonement in the sense of one man serving as a substitute for another.
The second possible way of escape when a criminal fails to shift the responsibility to another person, is for him either to try to secure the intercession of an influential person in his favour or to enter a plea that he is related to some big personality and hence is entitled to special treatment. In reply to this, the Quran says, nor shall intercession be accepted for it. As explained above, the word شفاعة here has a twofold significance: (a) that no influential person shall be allowed to intercede for a culprit; and (b) that no culprit shall himself be allowed to put in the plea that he is related to an influential person.
The third possible means of release is for the culprit to try to secure his freedom by paying a ransom. With regard to this the Quran says, nor shall ransom be taken from it.
Finally, when a criminal sees that all other means of escape have failed, he thinks of using force and getting his release by violence. With regard to this, the Quran says: nor shall they be helped, i.e. they shall find no helpers against God.
The Quran mentions these things not by way of threat but to make the Jews realize that they should not entertain false hopes. The only way open to them was to accept the Holy Prophet whom God had raised for their own good.
Here arises a very important question. What is the teaching of Islam about شفاعة (intercession)? Does Islam hold it to be quite useless and unlawful, as would appear from the verse under comment, or does it hold certain forms of شفاعة to be useful and lawful and others to be useless and unlawful? From the teachings of the Quran and the Hadith it appears that the latter view is correct and we proceed to discuss it accordingly. It should be stated at once that the word "intercession" is a very imperfect rendering of the word شفاعة. It conveys only a part of the meaning of شفاعة and that too very imperfectly.
As explained under Important Words, the root meaning of the word شفاعة is to attach or connect or join a thing, or, for that matter, to connect or join oneself with another thing or person so as to form a pair or a couple on the basis of similarity. The Quran uses the different derivations of this word in no less than 29 different places and in all of them the root meaning of the word is retained in one form or another. The word is used in the sense of "intercession" because the person who intercedes for somebody must have a twofold connection:
Firstly, he must have a special connection with the being or person with whom he wishes to intercede, for without such connection none dare intercede nor can intercession be fruitful.
Secondly, he must also have a special connection with the person for whom he intercedes, because none can think of interceding for a person unless he is specially connected with the latter and is akin or similar to him.
In religious terminology شفاعة means intercession with God by a holy man for a sinful person. Here too the twofold connection referred to above is essential. The holy person who intercedes with God must have a special connection with Him, enjoying His special favour and being very near and dear to Him. On the other hand, he should also have real connection with the person on whose behalf he wishes to intercede; for without such connection he cannot be properly moved to intercede nor can his intercession carry much weight with God. In fact, the intercessor, on the essential basis of the aforementioned double connection, approaches God saying, as it were, "My God, I come to Thee with a special request, knowing that Thou art well pleased with me and that I enjoy Thy special favour. Here is an erring man who is sincerely connected with me but in moments of weakness he has stumbled and faltered. But as Thou art kind and good to me, O Lord, be Thou kind also to this sinful servant of Thine and pardon him his sins". This is what may be termed the essence of شفاعة as taught and, held lawful, by Islam.
From the above significance of the word it is apparent that true شفاعة is governed by the following conditions:
(1) He who intercedes must be very near and dear to God enjoying His special favour.
(2) The person for whom he wishes to intercede must have a true and real connection with him.
(3) The person in whose favour intercession is to be made must be a good person overall, only casually tempted to sin in moments of weakness; for it cannot be entertained for a moment that a habitually wicked one can enjoy a true connection with a holy person.
(4) Intercession must always be made with God’s permission; for it is God alone Who knows (a) whether a so-called holy person really stands near and dear to Him, and (b) whether the person for whom intercession is being made is truly and sincerely connected with the holy man making the intercession, for there is many a connection which looks sound and genuine from outside but is rotten from within.
(5) Each and every intercession is not necessarily lawful or fruitful. Only that intercession is lawful which fulfils all the requisite conditions.
The above view finds clear corroboration in the Islamic teachings. For instance, the Quran says: And fear the day when no soul shall serve as a substitute for another soul at all, nor shall any ransom be accepted from it, nor any شفاعة(intercession) avail it, nor shall they be helped (2:124). This verse is addressed to the Jews and signifies that, as they have rejected the Holy Prophet and thus failed to form the most important of spiritual connections, therefore no other connection or intercession will avail them on the Day of Judgement. This makes it clear that شفاعة can avail only those who accept the Messenger of the day. It cannot avail those who, by rejecting a Messenger of God, rebel against divine authority. As such people fail to form the connection that they are called upon to form, no question of شفاعة arises.
Again the Quran says: On the Day of Judgement شفاعة (intercession) shall not avail any person except him for whom God grants permission and with whose word (i.e. with whose expression of faith) He is pleased (20:110). This verse throws light on three very important points:
(a) That if, on the one hand, there are some whom شفاعة (intercession) will not avail, on the other hand, there are others whom it will certainly avail.
(b) But it will avail only those for whom God grants special permission.
(c) That such permission will be granted only in the case of those sinners whose faith at least is sound, i.e. their ایمان(faith) is true and well-founded; only in اعمال (practice) they sometimes show weakness.
At another place the Quran says: Who is he that will intercede with God except by His permission? He knows what is before them and what is behind them; and they encompass nothing of His knowledge except what He pleases (2:256). This verse supplies the reason for the principle adduced in the verse quoted above. God’s permission is necessary because His knowledge alone is perfect and it is only He Who knows whether the twofold connection essential for شفاعةreally exists, i.e. (1) whether the holy person wishing to intercede really enjoys the special relation with God required for such intercession and, (2) whether the person for whom he wishes to intercede is truly and sincerely connected with him.
To illustrate the above point, we may well quote an incident in Noah’s life. At the time of the great Deluge, he saw that his son had been caught by the surging waves and was going to be drowned. Thereupon he turned to God, saying that the drowning boy was one of his family whom God had promised to save. Upon this God sharply reprimanded him, saying, He is surely not of thy family; he is indeed a man of unrighteous conduct. So ask not of Me that of which thou hast no knowledge. I advise thee lest thou become one of the ignorant (11:47). This verse beautifully illustrates the philosophy of شفاعة. In a moment of great uneasiness of mind Noah interceded for his son with God but forgot to ask for His permission, whereupon God reminded him that though the boy was his son in the physical sense, he was not one in the true spiritual sense and was therefore not entitled to شفاعة which has its basis in spiritual kinship.
Having briefly explained the nature and conditions of شفاعة, we now come to the question: How many forms of شفاعة are there? A study of the relevant Quranic verses and of the attendant facts reveals that شفاعة is of three kinds:
(1) Firstly, there is the verbal شفاعة which has been interpreted as "intercession". In this form of شفاعة a holy person actually prays to God on the basis of his special connection with Him that a sinful person who is truly connected with him may be granted forgiveness or that, for that matter, a person suffering from some disease or misfortune may be restored to health or saved from the attending misfortune. In this case "intercession" is really a form of prayer but it makes a stronger appeal and is much more efficacious. For, whereas a prayer is simply a request made to God, شفاعة(intercession) is a prayer reinforced by the twofold connection referred to above. The شفیع (intercessor) appeals to God in a special way because (a) he enjoys God’s special favour, and (b) the person for whom he intercedes is truly and sincerely connected with him. This twofold connection gives intercession a strength that is lacking in an ordinary prayer. The intercessor, so to speak, says to God "My God, if Thou holdest me dear, then be Thou kind also to this sufferer who is dear to me." Such a prayer, if offered with God’s permission, most forcefully moves the mercy of God and is sure of acceptance.
(2) Secondly, there is the form of شفاعة which, though verbal, yet is offered not in the form of a prayer but merely as a simple statement expressive of the relation between the intercessor and the person for whom he intercedes. Sometimes, it happens that through fear of God or through modesty the intercessor does not make an intercession in the form of a direct request or prayer but simply expresses the relation existing between him and the person for whom he wishes to intercede, leaving the conclusion to be drawn by God Himself. A case in point is that of Noah’s intercession for his son referred to above. Noah did not actually pray for his son but simply drew God’s attention to their relationship: My Lord, verily my son is of my family and surely Thy promise is true (11:46). These are Noah’s words. It is a clear case of شفاعةalthough the actual form of prayer is wanting.
(3) Thirdly, there is the شفاعة which is neither made in the form of a prayer nor expressed in words. It simply consists in the practical existence of the twofold relation necessary for شفاعة. In fact, in this case the relationship itself is spoken of as شفاعة. For instance, the Quran speaks of the Jews saying لا تنفعھا شفاعة i.e. on the Day of Judgement no شفاعة shall avail them (2:124). Here شفاعة is used simply in the sense of connection. God means to say that as the Jews have refused to connect themselves with the Holy Prophet of Islam, therefore no other connection will avail them. Their being counted among the followers of Abraham or Moses or David, etc., will be of no avail to them. In this sense a Prophet of God is a شفیع or intercessor for all his true followers without distinction. Everybody who establishes a true connection with him is saved while others perish. In this sense God also is a شفیع for those who connect themselves with Him are saved, while others who remain disconnected are ruined.
Now the question arises, Why has God instituted شفاعة at all? The answer is as follows:
Firstly, شفاعة in the sense of good association is the very essence of spirituality. All spiritual progress depends on a good spiritual contact. A soul not in contact with God is lost and, for that matter, a soul not in contact with the Prophet of the day, who represents God on earth, is also lost. The Quran says, he who forms a good connection will reap the benefit thereof and he who forms an evil connection will suffer the loss attached thereto (4:86). Thus the need and the usefulness of شفاعة in the sense of a good connection is self-evident and one need not say much about it. But when we come to شفاعة in the sense of intercession, an explanation seems called for. When all depends on true belief and right actions, why should the necessity of intercession arise at all? Even a cursory thought leads to the conviction that this question, which has misled many, arises from the misleading conception of the word "intercession" as ordinarily understood. Unprincipled men go about interceding for criminals with unprincipled judges, thus thwarting the very ends of justice. Islamic شفاعة is far from this. It is not a mere intercession but is an adjunct of the principle of true belief and right actions. According to Islam only that person is entitled to شفاعة who is sincerely connected with the Prophet of the day, is true in faith and earnestly tries to live a righteous life according to the teachings of Islam. But, being weak, he sometimes stumbles. There is nothing inherently wrong with his connection with the Prophet, which is pure and true; only an occasional stumbling in practice makes him fall short of the prescribed standard. God entitles such a one to شفاعة and that also by His special permission; and when the Knower of all things considers one to be deserving of forgiveness, who is there to object that the case is not deserving? The Islamic شفاعة is, in fact, only another form of repentance. For what is توبة (repentance) but reforming a broken connection or tightening up a loose one? But whereas the door of repentance is closed with death, the door of شفاعة remains open. Moreover, شفاعة is a means of the manifestation of God’s mercy and God says رحمتی سبقت غضبی i.e. "My mercy is stronger than My anger" (Bukhari). Thus شفاعة (intercession) is based on the manifestation of God’s mercy; and as God is not judge but مالك (Master), there is nothing to stop Him from extending His mercy to whomsoever He pleases.
Yet another reason why شفاعة has been allowed by Islam is that by this means God honours His Prophets. It is indeed a great honour that He should allow a person to intercede with Him.
It has been objected by some Christian critics of Islam that the doctrine of شفاعة is likely to encourage people to commit sins. Nothing can be farther from the truth. The شفاعة as allowed by Islam should encourage people to strengthen their connection with the Prophet rather than weaken it. As sin is nothing but a product of weakness in the spiritual connection, شفاعة and sin really stand poles apart and it is sheer ignorance to suggest that the doctrine of شفاعة, whose very conception rests on the soundness of man’s connection with God and His Prophet, encourages one to sin. On the contrary, it is the Christian doctrine of Atonement which throws open the floodgates of sin; for, unlike Islamic شفاعة the doctrine of Atonement is based on the unnatural conception that one man can bear the sins of another. But of this, more will be explained later when we come to the relevant verses.
Now we come to the last question in this connection, i.e. who will be شفیع (intercessor) on the Day of Judgement? This question has given rise to much controversy and consequently much misunderstanding. Let it be said up front that Islam does not confine شفاعة (intercession) to one person only; for, according to the Islamic conception of شفاعة every holy person whose connection can materially influence the spiritual condition of a man is virtually a شفیع for him. All Prophets are therefore شفیع but they are شفیع only in their own respective spheres. Abraham is a شفیع for those who followed him and Moses is a شفیع for those who followed him and so on. But with the advent of the Holy Prophet of Islam, all other connections have come to an end; for the message of the Holy Prophet is for all time and all mankind. Even the present-day followers of Moses or Jesus cannot turn to these Prophets for شفاعة, because spiritually they are now under the regime of the Holy Prophet of Islam, the regimes of the previous Prophets having come to an end. As a matter of fact, as explained by the Quran itself, the real شفیع is God alone. Says the Quran: There is no helper nor شفیع (intercessor) for you except Allah; will you not then ponder? (32:5) Now as God alone is the real شفیع i.e. He is the One connection with Whom really matters, the Prophets of God become شفیع in a secondary way only. Whosoever among the Prophets represents God on earth at a particular time and in a particular place becomes a شفیعfor the people of that time and that place. From this it follows that the Prophets of God who passed before Islam were شفیع for their own followers and in their own time only; with the advent of Islam the period of their شفاعة came to an end. Now the Prophet of Islam is the only شفیع for all times and all peoples. Being a perfect image of God he is (1) the perfect شفیع and, having a universal mission he is (2) the universal شفیع; and having cancelled all previous connections he is now (3) the only شفیع (peace and blessings of God be on him). For proof of the fact that the Holy Prophet has himself put forward the above claim, the reader is referred to a hadith where the aforesaid distinction of the Prophet on the Day of Judgement is most vividly set forth (Muslim ch. on Iman).
a
2:124, 256; 19:88; 20:110; 21:29; 34:24; 39:45; 43:87; 53:27; 74:49.
d
2:124; 31:34; 82:20.
85
Shafa‘ah is derived from Shafa‘a which means, he provided a thing which was alone with another; joined a thing to its like (Mufradat). Thus the word has the significance of likeness or similarity; also it means, interceding or praying for a person that he may be shown favour and his sins may be passed over on the ground that he is connected with the intercessor, it being also implied that the petitioner is a person of higher position than the one for whom he pleads and also has deep connection with the person with whom he intercedes (Mufradat & Lisan). Shafa‘ah (intercession) is governed by the following conditions: (1) He who intercedes must have a special connection with the person with whom he wishes to intercede and enjoys his special favour, for without such connection he dare not intercede nor can intercession be fruitful. (2) The person for whom intercession is to be made must have a true and real connection with the intercessor, for none would think of interceding for
86
‘Adl (ransom) means, equity or justice; equal compensation; fair and equitable ransom (Aqrab).
وَٱتَّقُوا۟ يَوْمًا لَّا تَجْزِى نَفْسٌ عَن نَّفْسٍ شَيْـًٔا وَلَا يُقْبَلُ مِنْهَا عَدْلٌ وَلَا تَنفَعُهَا شَفَٰعَةٌ وَلَا هُمْ يُنصَرُونَ
See 2:49.
See 2:49.
Commentary:
This verse appears to deal with the same subject which has already been dealt with in 2:49; but on comparing the two, an interesting point of difference emerges. In the former verse the word شفاعة (intercession) is put before the word عدل (ransom), whereas in the present one the order has been reversed. The reason for this change is that, in his endeavour to save himself, it is natural for man to adopt a course which is least expensive and entails minimum amount of hardship. Failing this, he tries to adopt other measures. In other words, man has recourse to offer a ransom only when he finds that he cannot gain his release without offering it. In verse 2:49 this natural order is maintained and intercession is put before ransom. But after that verse, many transgressions of the Israelites have been brought to light, especially their opposition to the Prophets, so now they could not rely much on intercession, and naturally felt constrained to think of offering a ransom first. Hence, the order observed in the former verse has been reversed in the latter. For a discussion of the subject of شفاعة etc. see note on 2:49 above.
a
2:48.
b
2:49.
a
See 2:49.
b
See 2:49.
130
Commentary:
This verse appears to deal with the same subject which has already been dealt with in 2:49; but on comparing the two, an interesting point of difference emerges. In the former verse the word شفاعة (intercession) is put before the word عدل (ransom), whereas in the present one the order has been reversed. The reason for this change is that, in his endeavour to save himself, it is natural for man to adopt a course which is least expensive and entails minimum amount of hardship. Failing this, he tries to adopt other measures. In other words, man has recourse to offer a ransom only when he finds that he cannot gain his release without offering it. In verse 2:49 this natural order is maintained and intercession is put before ransom. But after that verse, many transgressions of the Israelites have been brought to light, especially their opposition to the Prophets, so now they could not rely much on intercession, and naturally felt constrained to think of offering a ransom first. Hence, the order observed in the former verse has been reversed in the latter. For a discussion of the subject of شفاعة etc. see note on 2:49 above.
e
See 2:49.
f
See 2:49.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍ مُّسَمًّى فَٱكْتُبُوهُ ۚ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌۢ بِٱلْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ ٱللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبْخَسْ مِنْهُ شَيْـًٔا ۚ فَإِن كَانَ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُۥ بِٱلْعَدْلِ ۚ وَٱسْتَشْهِدُوا۟ شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَٱمْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحْدَىٰهُمَا فَتُذَكِّرَ إِحْدَىٰهُمَا ٱلْأُخْرَىٰ ۚ وَلَا يَأْبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُوا۟ ۚ وَلَا تَسْـَٔمُوٓا۟ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ۚ ذَٰلِكُمْ أَقْسَطُ عِندَ ٱللَّهِ وَأَقْوَمُ لِلشَّهَٰدَةِ وَأَدْنَىٰٓ أَلَّا تَرْتَابُوٓا۟ ۖ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوٓا۟ إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَآرَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا۟ فَإِنَّهُۥ فُسُوقٌۢ بِكُمْ ۗ وَٱتَّقُوا۟ ٱللَّهَ ۖ وَيُعَلِّمُكُمُ ٱللَّهُ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌ
4:30.
96:5.
口授的人应该是债务人而不是债权人, 因为: (1) 负责任的是债务人; 有关决定性的话, 应该由他来选择才公正; (2) 借据由债权人而不是由债务人保存。因此要求债务人口授, 使他口授的事情可以作为借款数目和付款条件准确的证明。他就没有原因和根据来否认这笔借款。
这里含有这样的意思, 即使在这种情况下, 还是写一张像现款便笺或收条之类的字据比较好。
这里指的是大笔交易。
اِلٰی اَجَلٍ مُّسَمًّی۔ اس میں اِلٰی یا تو لام کے معنوں میں ہے اور معنے یہ ہیں کہ مقررہ میعاد کے لئے قرض لو اور اِلٰی ان معنوں میں عربی میں استعمال ہوتا ہے۔ جیسے قرآن کریم میں آتا ہے وَ الْاَمْرُ اِلَیْکِ یعنی حکم دینے کا اختیار تجھے حاصل ہے۔ یا کہتے ہیں اَحْمَدُ اِلَیْکَ اللّٰہَ: تیرے لئے اللہ کی حمد کرتا ہوں (مغنی) اور یہ بھی ہو سکتا ہے کہ اِلٰی‘ مَعَ کے معنے دیتا ہو۔ یہ معنے عربی میں مستعمل ہیں۔ قرآن کریم میں بھی آتا ہے مَنْ اَنْصَارِیْ اِلَی اللّٰہِ یعنی کون اللہ کے ساتھ ہو کر میری مدد کرتا ہے۔ اس اِلٰی کے لئے یہ شرط ہوتی ہے ک
’’تمہارے درمیان‘‘ اس کے یہ معنے بھی ہو سکتے ہیں کہ جو معاہدہ تمہارے درمیان ہوا ہے وہ لکھ دے اور یہ بھی کہ کاتب تمہارے اپنے آدمیوں میں سے ہو۔ اور یہ بھی کہ وہ دونوں فریق کی موجودگی میں ان کے سامنے بیٹھ کر لکھے۔
یہ آیت ترجمہ کے لحاظ سے بہت پیچیدہ ہے کیونکہ اس میں شُھَدَآء کا لفظ موقع پر موجود ہونے والوں کے لئے استعمال کیا گیا ہے اور ایک ہی فقرہ میں دو معنوں میں گواہ کے لفظ نے ترجمہ میں پیچیدگی پیدا کر دی ہے۔ مطلب یہ ہے کہ جس وقت تحریر لکھی جا رہی ہو اگر لکھنے والے کے سوا جو مرد و عورت وہاں موجود ہوں ان میں سے وہ دو مردوں کو گواہ مقرر نہ کرنا چاہتا ہو بلکہ کسی عورت کو بھی شامل کرنا چاہتا ہو تو اس صورت میں جو لوگ موقع پر ہوں ان میں سے دونوں فریق کے اعتباری لوگوں میں سے ایک مرد اور دو عورتوں کی شہادت ڈلوائی جائے۔
حَاضِرَۃً کا ترجمہ ’’دست بدست‘‘ کیا گیا ہے۔ یعنی جب مال پر اسی وقت قبضہ کر لیا گیا ہو اور قیمت نقد ادا کر دی گئی ہو۔
اس میں اشارہ ہے کہ اس صورت میں بھی لکھنا اچھا ہے جیسا انگریزی دکان دار ووچر (Voucher) دیتا ہے۔ اس سے جھگڑے کم ہو جاتے ہیں۔
یہ بہت بڑے سَودوں کے متعلق ہے کہ ان کو لکھنا بھی چاہیے اور گواہ بھی رکھنے چاہئیں تا فتنہ نہ پیدا ہو۔
4:30.
96:5.
The borrower, and not the lender, is to dictate because; (1) it is the borrower who incurs the liability; and justice demands that the words defining the liability should be 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 conditions about payment, and he may have no cause or ground to deny it.
The implication is that it would be better to have a writing even in such a case like cash memo or voucher.
This refers to big transactions.
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.
a
4:30.
b
96:5.
210
口授的人应该是债务人而不是债权人, 因为: (1) 负责任的是债务人; 有关决定性的话, 应该由他来选择才公正; (2) 借据由债权人而不是由债务人保存。因此要求债务人口授, 使他口授的事情可以作为借款数目和付款条件准确的证明。他就没有原因和根据来否认这笔借款。
211
这里含有这样的意思, 即使在这种情况下, 还是写一张像现款便笺或收条之类的字据比较好。
212
这里指的是大笔交易。
1
اِلٰی اَجَلٍ مُّسَمًّی۔ اس میں اِلٰی یا تو لام کے معنوں میں ہے اور معنے یہ ہیں کہ مقررہ میعاد کے لئے قرض لو اور اِلٰی ان معنوں میں عربی میں استعمال ہوتا ہے۔ جیسے قرآن کریم میں آتا ہے وَ الْاَمْرُ اِلَیْکِ یعنی حکم دینے کا اختیار تجھے حاصل ہے۔ یا کہتے ہیں اَحْمَدُ اِلَیْکَ اللّٰہَ: تیرے لئے اللہ کی حمد کرتا ہوں (مغنی) اور یہ بھی ہو سکتا ہے کہ اِلٰی‘ مَعَ کے معنے دیتا ہو۔ یہ معنے عربی میں مستعمل ہیں۔ قرآن کریم میں بھی آتا ہے مَنْ اَنْصَارِیْ اِلَی اللّٰہِ یعنی کون اللہ کے ساتھ ہو کر میری مدد کرتا ہے۔ اس اِلٰی کے لئے یہ شرط ہوتی ہے ک
2
’’تمہارے درمیان‘‘ اس کے یہ معنے بھی ہو سکتے ہیں کہ جو معاہدہ تمہارے درمیان ہوا ہے وہ لکھ دے اور یہ بھی کہ کاتب تمہارے اپنے آدمیوں میں سے ہو۔ اور یہ بھی کہ وہ دونوں فریق کی موجودگی میں ان کے سامنے بیٹھ کر لکھے۔
3
یہ آیت ترجمہ کے لحاظ سے بہت پیچیدہ ہے کیونکہ اس میں شُھَدَآء کا لفظ موقع پر موجود ہونے والوں کے لئے استعمال کیا گیا ہے اور ایک ہی فقرہ میں دو معنوں میں گواہ کے لفظ نے ترجمہ میں پیچیدگی پیدا کر دی ہے۔ مطلب یہ ہے کہ جس وقت تحریر لکھی جا رہی ہو اگر لکھنے والے کے سوا جو مرد و عورت وہاں موجود ہوں ان میں سے وہ دو مردوں کو گواہ مقرر نہ کرنا چاہتا ہو بلکہ کسی عورت کو بھی شامل کرنا چاہتا ہو تو اس صورت میں جو لوگ موقع پر ہوں ان میں سے دونوں فریق کے اعتباری لوگوں میں سے ایک مرد اور دو عورتوں کی شہادت ڈلوائی جائے۔
4
حَاضِرَۃً کا ترجمہ ’’دست بدست‘‘ کیا گیا ہے۔ یعنی جب مال پر اسی وقت قبضہ کر لیا گیا ہو اور قیمت نقد ادا کر دی گئی ہو۔
5
اس میں اشارہ ہے کہ اس صورت میں بھی لکھنا اچھا ہے جیسا انگریزی دکان دار ووچر (Voucher) دیتا ہے۔ اس سے جھگڑے کم ہو جاتے ہیں۔
6
یہ بہت بڑے سَودوں کے متعلق ہے کہ ان کو لکھنا بھی چاہیے اور گواہ بھی رکھنے چاہئیں تا فتنہ نہ پیدا ہو۔
a
96:5.
b
4:30.
289
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.
a
4:30.
b
96:5.
354
The borrower, and not the lender, is to dictate because; (1) it is the borrower who incurs the liability; and justice demands that the words defining the liability should be 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 conditions about payment, and he may have no cause or ground to deny it.
354A
The implication is that it would be better to have a writing even in such a case like cash memo or voucher.
354B
This refers to big transactions.
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا۟ فِى ٱلْيَتَٰمَىٰ فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ ذَٰلِكَ أَدْنَىٰٓ أَلَّا تَعُولُوا۟
4:130.
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
4:130.
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
4:130.
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
a
4:130.
310
此节经文很重要。因为在一定条件下, 这儿允许一夫多妻。伊斯兰教允许 (虽然它肯定不会命令和鼓励) 一个男于同时可娶一至四个妻子。因为给予这种许可是与孤儿问题有关的, 所以应该在关心那个备受忽视的社会阶层的问题的基础上看待这种许可。在某些情况下, 只有按照环境的迫切需要从受监护的女性孤儿或其他女子中娶一个或超过一个妻子, 孤儿的权利才能得到保护。虽然这节经文所提到的一夫多妻与孤儿问题有关, 但是这种婚姻也可能由其它情况而引起, 如通过这种婚姻来纠正一些社会和道德上的弊病。如果只考虑这种婚姻本身的目的, 同意这种婚姻不仅是无可非议的, 而且在某种情况下, 是可取的, 甚至是十分必要的。在这种情况下, 不利用这种婚姻制度对个人与社会的利益, 无疑是有害的。根据 «古兰经», 婚姻的目的有四点: (1) 防止身体上、精神上以及道德上的疾病; (2:188; 4:25); (2) 安定精神, 得到爱侣 (30:22); (3) 生育子女; (4) 扩大亲戚的范围 (4:2)。有时候, 娶一个妻子就不能实现一个或全部上述婚姻目的。例如, 一个人的妻子永久病残, 或患上传染病时, 如果他不另娶妻子, 那么, 婚姻的目的就要受挫。实际上他毫无办法, 要么, 另订合法婚约, 要么, 因未能幸运地阻止情欲的侵袭而过着不道德的生活。一个患病的妻子也成不了幸福的伴侣, 因为不论她给丈夫如何有价值的关怀和同情, 但是她与她的丈夫在一起不能在各方面去安定丈夫的精神。同样, 如果妻子碰巧不能生育, 又没有一夫多妻制, 那么, 丈夫子嗣名留的这一完全正常自然要求就不能实现。正是为了满足这种迫切的需要, 伊斯兰教允许一夫多妻制度。如果出于上述任何一个情况, 丈夫与其第一个妻子离婚, 这是对他的一种耻辱。事实上, 一夫多妻的婚姻目的在某种程度上与一夫一妻婚姻目的是一样的。在一夫一妻制婚姻不能实现其中的一个或所有目的时, 一夫多妻婚姻就十分必要了。而且, 尽管他已有一个深深地爱着的妻子, 并也已达到了婚姻目的。但也有其他一些理由使某男子必须另娶一个或多个妻子, 那些理由是: (a) 保护孤儿; (b) 使可以结婚的寡妇得到丈夫; (c) 为缺少男子的家庭或社团增补男子。从注释的这节经文中, 我们清楚地看到, 采取一夫多妻制特别是为了将未受人保护的孤儿置于某人的保护之下。此节经文的含意是: 像这些需要受人保护的孤儿的母亲最好与保护人结婚, 这祥, 那保护人与这些孤儿的关系就更加直接与亲密, 比在其他情况下更关心他们的福利, 使寡妇们能得到丈夫 (24:33) 是制定一夫多妻制的另一个目的。在穆圣时代, 穆斯林迫于长期的战争。许多人在战争中死去, 留下了没有近亲照顾的寡妇和孤儿。妇女在数量上大为超过男子以及人数非常多的无人照顾的孤儿--------这是战争不可避免的结果--------鼓励一夫多妻以防止穆斯林社会的道德堕落。最近的两次世界大战证明伊斯兰教的这种婚姻制度是有用的。大战撇下了数量非常众多没有丈夫的年轻妇女。确实, 由于两次大战造成男子惊人的死亡, 使西方国家的妇女人数大大超过了男子, 这是目前西方社会道德败坏的原因, 它正在腐蚀西方社会的机体。除了使年轻的寡妇能得到丈夫外, 一夫多妻制的目的还在于应付战后发生的严重形势。战后除了各方面都在衰退外, 国家的男子人数急剧减少到使国家有可能灭亡的危险。人口出生率下降是民族衰亡的重要原因, 只有一夫多妻制能有效地改善这种情况。这种婚姻制度并非如人们所误解的那样, 是为了情欲的发泄。它的本质是需要男子和妇女作出牺牲, 这种牺牲要求个人的一时感情服从社会和国家的更大的利益。
311
مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语的一般意义是女战俘。她们没有被赎出, 被俘后在穆斯林的拘留和看管之下。因为她们参加战争想摧毁伊斯兰教, 因此理应剥夺她们的自由。在 «古兰经» 中用这一名称, 而不大用 عِبَادْ (‘Ibad, 奴隶) 和 اِمَاء (Ima’, 女奴隶), 为的要指出这种占有是公正和合法的。مِلْكُ يَمِيْن (Milku Yamin) 的意思是 “完全和正义的占有” (لِسَانْ, Lisan)。它包括奴隶和女奴隶两种意思。究竟在句中这一用语用在特定的地方意指什么, 须视上下文而定。关于 “他们自己所掌握的” 一语, 有许多误解: 这句话什么意思, 他们自己所掌握的人有什么权利和地位。伊斯兰教毫不含糊地谴责奴隶制。因此, 剥夺一个人 (他或她) 的自由是一种道德上的罪过。除非他或她参加战争来摧毁伊斯兰教或一个伊斯兰国家, 当然要剥夺他们的自由。买卖奴隶也是一种很严重的罪过。伊斯兰教的教导在这点上是十分清楚、毫不含糊和反复强调的, 按照这一教导, 假如有人使另一个人做他的奴隶, 他就对安拉和人类犯了严重的罪行 {الْبَيْع بُخارِی، كِتَابُ--------Bukhari, Kitabul-Bai‘ & دَاؤُد--------Da’ud, 由 فَتْحُ الْبَارِی--------Fathul-Bari摘录}。值得注意的是, 伊斯兰教在世界上开始建立的时候, 奴隶制是人类
*社会制度中的一个组成部分, 每个国家都有大量的奴隶。因此, 把一种已经紧密交织在整个人类社会组织之中的制度一下子抹掉而不严重伤害它的道德风气, 这是行不通, 甚至是不明智的。因此, 伊斯兰教力求逐渐地但有效而坚定地废除奴隶制。«古兰经» 制订了以下几条有效的法规以迅速而完善的废除奴隶制: (1) 只能在正规战以后抓战俘; (2) 在战争结束后不能扣留战俘不放, 但是 (3) 作为一种恩惠的表示, 或者可以用交换战俘的方式来释放战俘 (47:5)。但是, 那些由于不适合以上那些条例而得不到自由的不幸的人们, 或者应该留在他们的穆斯林主人那里的人, 可以和他们的主人书写一个赎身合同 (24:34)。这样的话, 如果一个女人在上述性质的情况下作了战俘, 丧失了自由, 成为 مِلْكُ يَمِيْن (Milku Yamin), 她不能在交换战俘中获释, 政府的困境也不许可其以恩惠的表示而立即释放她, 她的政府或人们也不来赎买她, 她也不寻求和主人书立合同来买她的自由, 那么, 为
了道德起见, 他的主人在没有她事先同意的情况下娶了她, 有什么可以反对或有意见的呢? 至于没有和一个女战俘或奴隶结婚而发生性关系, 这在 «古兰经» 任何一节经文中也没有说过可以这么做。«古兰经» 不仅认为没有正式结婚是不可以把女战俘当妻子对待, 而且有清楚而确定的命令, 这些战俘像自由的妇女一样, 必须结了婚才能作为妻子。其中惟一的区别是社会地位的暂时的差别。由于她们参加反对伊斯兰教的战争而丧失了婚前同意的权利, 因此和她们结婚不必考虑像对自由妇女那样去徵求她们事先的同意。因此 مَا مَلَكَتْ اَيْمَانُكُمْ (Ma Malakat Aimanukum) 这一用语意指女战俘。按照 «古兰经», 无论如何也不会支持这样的看法, 说伊斯兰教批准非法同居。除了这节经文外, 至少还有其它四节经文以清楚而明确的条文制定了女战俘不应常处于不结婚状态中 (2:222; 4:4; 4:26; 24:33)。穆圣在这点也是态度非常鲜明的, 据记载他曾经说过, “如果某一个人有一个年幼的女奴隶, 他给她以正当的教育, 并用适当方式把她扶养成人, 然后解放并娶她为妻, 对他来说, 这是双重的报答” (الْعِلْم بُخَارِی، كِتَابُ Bukhari, Kitabul-‘Ilm)。穆圣这一说法的意思是, 如果一个穆斯林想要娶女奴隶为妻, 他必须先解放她, 然后娶她。穆圣自己的做法与这一训律十分符合。他的两个妻子朱伟里亚 (جُوَيْرِيَة, Juwairiyah) 和萨菲亚 (صَفِيَّة, Safiyyah) 就是作为战俘而来到他那里的。她们是他的 مِلْكُ يَمِيْن (Milku Yamin)。但他按照伊斯兰教的律令娶了她们。他也娶了 مَارِيَة (Mariyah), 她是埃及国王送给他的, 她享有像穆圣其他妻子那样的自由的地位。她戴上头盖, 并也被视为 “穆民之母”。«古兰经» 说得很清楚, 有关婚姻的律令适用于 “你们自己所掌握的 (奴婢)” 就像适用于 “穆圣姑父母、舅父母和姨父母的女儿” 那样。她们两个人都是结婚后才作为妻子的。以上所说的三类妇女都是通过结婚对穆圣才是合法的 (33:51)。还有, “禁止你们娶已婚的妇女, 除非你们具有所有权的,” (4:25) 这节经文连同上一节经文都述及到, 如果一个男人娶这种女人 (其中包括已婚的女人), 那是不合法的。但这里有个例外, 在宗教战争中被俘的那些已婚妇女宁愿留在穆斯林那里, 是可以同她们的主人结婚的。她们不愿回到以前丈夫那里去的这一事实被认为等于解除了她们过去的婚约。
这方面, 顺便还有一点值得注意, 不准许同一个女奴隶在禁止范围内的这样一些女亲属 (相应于一个自由妇女的那些亲属) 结婚。例如: 奴隶妻子的母亲、姐妹、女儿等是不能结婚的。要进一步讲清楚的是, 由于启示那个时候的环境, «古兰经» 必须区别两种妇女的社会地位。那种区别用 زَوْج (Zauj, 娶自由的妇女) 和 مِلْكُ يَمِيْن (Milku Yamin, 娶奴隶奴女) 等词来表达。前者意味着夫妻间是平等的, 而后者意味着妻子的地位要差一些。不过, 那是暂时的。«古兰经» 和穆圣极力劝告, 必须先给女奴隶完全的自由和地位, 然后娶她们。穆圣就是这样做的。此外, 伊斯兰教不准许在一般战争中俘虏妇女作为奴隶。未徵得一个女奴隶的事先同意而和她结婚, 只是在以下的情况下才可以: 敌对国先发动反对伊斯兰教的宗教战争, 想消灭伊斯兰教, 并在剑尖下强迫穆斯林放弃他们的宗教, 然后把他们的俘虏--------男的或女的--------作为奴隶对待, 就像在穆圣时代他们做的那样。那时, 敌人抓去穆斯林妇女作为俘虏并把他们当作奴隶看待。伊斯兰教的命令只是一种报复措施, 就其真实的性质来说, 它的时间是短暂的。它也具有保护被俘妇女德行的意义。现在那些条件已不复存在。现在没有宗教战争, 因此没有战俘被当作奴隶或女奴看待。
2
یعنی یتیم عورتوں سے ایک سے زیادہ شادیاں کرنی اچھی نہیں۔ کیونکہ بے انصافی کا ڈر ہے۔ ہاں ان کے سوا دوسری عورتوں سے دو دو‘ تین تین‘ چار چار سے نکاح کر سکتے ہو کیونکہ ان کے ولی ان کے حقوق کا مطالبہ کرنے والے موجود ہیں۔
3
یعنی اس طریق پر عمل کرکے تم ظلم اور گناہ کے خطرہ سے بہت حد تک محفوظ ہو جاؤ گے۔
b
4:130.
486
Important Words:
طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).
مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.
تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.
Commentary:
The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:
(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.
(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.
(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).
(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.
(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.
The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).
A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.
If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.
With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).
Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.
It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.
It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.
Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.
The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.
b
4:130.
560
The verse is important inasmuch as it permits polygamy under certain circumstances. Islam allows (though it certainly does not enjoin or encourage) a man to have more than one wife up to four at a time. As this permission has been given in connection with the subject of orphans, it should be taken primarily to be based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can only be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may arise when it may become a necessary remedy for some social or moral evils. If only the objects of marriage itself are considered, the permission appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the com
561
The expression, Ma Malakat Aimanukum, generally signifies, women prisoners of war who are not ransomed and who are in the custody and control of their Muslim captors because they had taken part in a war which was waged to destroy Islam and thus had legitimately deprived themselves of their freedom. The term has been used in the Qur’an in preference to ‘Ibad and Ima’ (slaves and bondwomen) to point to a just and rightful possession, the expression Milku Yamin signifying full and rightful possession (Lisan). It includes both slaves and bondwomen, and it is only the context which determines what the expression signifies in a particular place. Much misunderstanding prevails as to what the expression "their right hands possess" signifies, and what are the rights and status of the persons to whom it applies. Islam has condemned slavery in unequivocal terms. According to it, it is a mortal sin to deprive a person of his or her liberty, unless, of course, he or she renders himself
562
Ta‘ulu (do injustice) is derived from ‘Ala which means; (1) he had a large family; (2) he supported the family; (3) he was or became poor; (4) he acted wrongfully; or deviated from the right course (Lane).
۞ إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَٰنَٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ ۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦٓ ۗ إِنَّ ٱللَّهَ كَانَ سَمِيعًۢا بَصِيرًا
اس جگہ حکومت کا ذکر ہے اور آیت کا مطلب یہ ہے کہ حکام کو جب چنو تو اہل دیکھ کر چنو‘ رعایت یا جَنبہ داری سے کام نہ لو۔ پھر دوسرا حصہ منتخب حکام کو مخاطب کرکے بیان کیا ہے کہ اے حکام! جب تم چنے جاؤ تو ہمیشہ عدل اور انصاف کو مدنظر رکھو اور جنبہ داری سے کام نہ لو‘ خواہ ایک فریق تمہاری پارٹی کا مخالف ہی کیوں نہ ہو۔
8:28
Authority or power to rule has been here described as a "trust" of the people in order to point out that it belongs to the people and is not the birthright of any individual or dynasty. The Qur’an disapproves of dynastic or hereditary rule and institutes instead a representative form of government. The Chief is to be elected; and in electing him the people are bidden to vote for one best fitted for the office.
The Head of the Muslim State and all those persons who are entrusted with the duty of administration are enjoined to use their authority equitably and well.
8:28.
Important Words:
امانات (trusts) is the plural of امانة which is derived from امن. They say امنه i.e. he trusted in him; he entrusted him with power and authority, control or a charge; he gave him a charge over a thing or person. امانة means, trustiness or faithfulness or fidelity; a thing committed to the care or trust of a person; a trust or deposit; a duty or task allotted to a person; the commandment of God given to His servants; a man’s family or household (Lane). The Holy Prophet is reported to have said that a position or office of authority is also an امانة or a trust (Muslim, ch. on Imarat).
Commentary:
As in the previous verses authority and dominion were promised to Muslims, the Quran in the present verse proceeds to bid them entrust authority to such persons as possess the necessary qualifications to rule. Authority or power to rule has been here described as a "trust" of the people in order to point out that, truly speaking, it belongs to the people and is not the birth right of any particular individual or dynasty.
The verse also draws the attention of the Muslim people to their heavy responsibility in respect of the very important matter of electing their Chief or Khalifah. They are warned that if in electing a Khalifah or a Chief they allowed considerations of personal liking or nepotism to prevail against the interests of the State or the community or those of religion and displayed lack of conscientiousness, they would be called to account like one false to his trust. The verse also condemns dynastic or hereditary rule and institutes instead a representative form of government. The Khalifah or the ruler is to be elected; and in electing him, the people are bidden to vote for one best fitted for the office. The Khalifah or the ruler in his turn is bidden to be fair and just in his administration fair to individuals, fair to communities and fair to the State as a whole.
The words, that you judge with justice, apply both to the head of the Muslim State and to all those persons who are entrusted with the work of administration. They are all enjoined to use their authority equitably and well.
The addition of the Divine attributes of "All-Hearing and All-Seeing" at the end of the verse is meant to remind Muslims that if at any time they find it difficult to carry out His commandment, then instead of violating it, they should pray to God and He will hear their prayer and will see to it that they get their rights. (See General Introduction for the detailed discussion of the institution of Khilafat).
d
8:28.
330
统治的权威或权力在这里被说成人民的“委托物”, 为的是指出, 这个权属于人民, 不是个人或朝代生来就有的权利。«古兰经» 不赞成王朝的或世袭的统治, 而是另行制定一种代议制的政府。首脑要选举产生; 在选举首脑时, 要告诉人民投票给最称职的人。
331
穆斯林政府的首领及所有受委托担任行政职务的人员都必须公正而充分使用他们的权力。
1
اس جگہ حکومت کا ذکر ہے اور آیت کا مطلب یہ ہے کہ حکام کو جب چنو تو اہل دیکھ کر چنو‘ رعایت یا جَنبہ داری سے کام نہ لو۔ پھر دوسرا حصہ منتخب حکام کو مخاطب کرکے بیان کیا ہے کہ اے حکام! جب تم چنے جاؤ تو ہمیشہ عدل اور انصاف کو مدنظر رکھو اور جنبہ داری سے کام نہ لو‘ خواہ ایک فریق تمہاری پارٹی کا مخالف ہی کیوں نہ ہو۔
c
8:28.
532
Important Words:
امانات (trusts) is the plural of امانة which is derived from امن. They say امنه i.e. he trusted in him; he entrusted him with power and authority, control or a charge; he gave him a charge over a thing or person. امانة means, trustiness or faithfulness or fidelity; a thing committed to the care or trust of a person; a trust or deposit; a duty or task allotted to a person; the commandment of God given to His servants; a man’s family or household (Lane). The Holy Prophet is reported to have said that a position or office of authority is also an امانة or a trust (Muslim, ch. on Imarat).
Commentary:
As in the previous verses authority and dominion were promised to Muslims, the Quran in the present verse proceeds to bid them entrust authority to such persons as possess the necessary qualifications to rule. Authority or power to rule has been here described as a "trust" of the people in order to point out that, truly speaking, it belongs to the people and is not the birth right of any particular individual or dynasty.
The verse also draws the attention of the Muslim people to their heavy responsibility in respect of the very important matter of electing their Chief or Khalifah. They are warned that if in electing a Khalifah or a Chief they allowed considerations of personal liking or nepotism to prevail against the interests of the State or the community or those of religion and displayed lack of conscientiousness, they would be called to account like one false to his trust. The verse also condemns dynastic or hereditary rule and institutes instead a representative form of government. The Khalifah or the ruler is to be elected; and in electing him, the people are bidden to vote for one best fitted for the office. The Khalifah or the ruler in his turn is bidden to be fair and just in his administration fair to individuals, fair to communities and fair to the State as a whole.
The words, that you judge with justice, apply both to the head of the Muslim State and to all those persons who are entrusted with the work of administration. They are all enjoined to use their authority equitably and well.
The addition of the Divine attributes of "All-Hearing and All-Seeing" at the end of the verse is meant to remind Muslims that if at any time they find it difficult to carry out His commandment, then instead of violating it, they should pray to God and He will hear their prayer and will see to it that they get their rights. (See General Introduction for the detailed discussion of the institution of Khilafat).
c
8:28
621
Authority or power to rule has been here described as a "trust" of the people in order to point out that it belongs to the people and is not the birthright of any individual or dynasty. The Qur’an disapproves of dynastic or hereditary rule and institutes instead a representative form of government. The Chief is to be elected; and in electing him the people are bidden to vote for one best fitted for the office.
622
The Head of the Muslim State and all those persons who are entrusted with the duty of administration are enjoined to use their authority equitably and well.
وَلَن تَسْتَطِيعُوٓا۟ أَن تَعْدِلُوا۟ بَيْنَ ٱلنِّسَآءِ وَلَوْ حَرَصْتُمْ ۖ فَلَا تَمِيلُوا۟ كُلَّ ٱلْمَيْلِ فَتَذَرُوهَا كَٱلْمُعَلَّقَةِ ۚ وَإِن تُصْلِحُوا۟ وَتَتَّقُوا۟ فَإِنَّ ٱللَّهَ كَانَ غَفُورًا رَّحِيمًا
یعنی ظاہری مساوات نہ کرنے کی صورت میں تعدد ازواج سے منع کیا گیا ہے۔ ورنہ نہ باطنی سلوک ایک سا ہوسکتا ہے نہ وہ موجب مناعی ہے۔
4:4.
2:232.
It is humanly impossible for a man to keep perfect balance between his wives in all respects; for instance love being an affair of the heart over which man has no control, a husband cannot be expected to have equal love for all his wives. But he can certainly deal by them with equity in other respects, and this he must do. So acting equitably between one’s wives pertains only to such acts over which one has control. This is the interpretation the Holy Prophet himself put upon this verse.
4:4.
2:232.
Important Words:
معلقة (a thing suspended) is derived from علق. They say علقه i.e. he hung it up or suspended it. علق الامر means, he left the affair suspended, i.e. undecided. معلقه is, therefore, a woman whose husband neither keeps her properly as a wife nor divorces her so that she might marry another man (Lane & Aqrab).
Commentary:
The words, And you cannot keep perfect balance between wives, however much you may desire it, mean that it is not humanly possible for a man to keep perfect balance between his different wives in every respect. For instance, love being an affair of the heart over which man has no control, a husband cannot be expected to have equal love for all his wives. But he can certainly treat them with equity in matters of money, time, etc., and this he must do. So acting equitably between the different wives, which has been laid down by Islam as an essential condition for polygamy, pertains only to such overt acts over which man has control. This is the interpretation which the Holy Prophet himself has put on this verse, both through his word and example. ‘A’ishah reports that the Holy Prophet used to treat his wives with equity in all matters over which man can have control and having done this, he used to pray to God, saying: "My Lord, these are my dealings in matters over which I have control; so blame me not for that which is in Thy power and not mine," meaning the feelings of the heart (Dawud, ch. on Nikah). The Holy Prophet is also reported to have said: "If a man has two wives and he is inclined to one of them (neglecting the other), he will rise on the Day of Resurrection with one of his sides having been torn off (Dawud, ch. on Nikah). Thus, both the example and the sayings of the Holy Prophet show that though a husband cannot love his wives equally, he should in his outward treatment, i.e. allotment of time, money, etc. be equally just and fair to all of them. In this connection see also 4:4.
b
4:4.
c
2:232.
350
一个丈夫要在几个妻子之间各方面都维持绝对公平的待遇, 那是非人力所能做到的事情; 例如, 爱情出于内心, 不是一个男人可以控制得了的, 不能指望一个丈夫同等地爱他所有的妻子。但他当然能在其他方面相等对待她们。这一点他必须做到。因此, 只要是在他能力范围以内的, 就得相等对待他所有的妻子。这是穆圣亲自对这节经文的解释。
5
یعنی ظاہری مساوات نہ کرنے کی صورت میں تعدد ازواج سے منع کیا گیا ہے۔ ورنہ نہ باطنی سلوک ایک سا ہوسکتا ہے نہ وہ موجب مناعی ہے۔
a
4:4.
b
2:232.
595
Important Words:
معلقة (a thing suspended) is derived from علق. They say علقه i.e. he hung it up or suspended it. علق الامر means, he left the affair suspended, i.e. undecided. معلقه is, therefore, a woman whose husband neither keeps her properly as a wife nor divorces her so that she might marry another man (Lane & Aqrab).
Commentary:
The words, And you cannot keep perfect balance between wives, however much you may desire it, mean that it is not humanly possible for a man to keep perfect balance between his different wives in every respect. For instance, love being an affair of the heart over which man has no control, a husband cannot be expected to have equal love for all his wives. But he can certainly treat them with equity in matters of money, time, etc., and this he must do. So acting equitably between the different wives, which has been laid down by Islam as an essential condition for polygamy, pertains only to such overt acts over which man has control. This is the interpretation which the Holy Prophet himself has put on this verse, both through his word and example. ‘A’ishah reports that the Holy Prophet used to treat his wives with equity in all matters over which man can have control and having done this, he used to pray to God, saying: "My Lord, these are my dealings in matters over which I have control; so blame me not for that which is in Thy power and not mine," meaning the feelings of the heart (Dawud, ch. on Nikah). The Holy Prophet is also reported to have said: "If a man has two wives and he is inclined to one of them (neglecting the other), he will rise on the Day of Resurrection with one of his sides having been torn off (Dawud, ch. on Nikah). Thus, both the example and the sayings of the Holy Prophet show that though a husband cannot love his wives equally, he should in his outward treatment, i.e. allotment of time, money, etc. be equally just and fair to all of them. In this connection see also 4:4.
a
4:4.
b
2:232.
680
It is humanly impossible for a man to keep perfect balance between his wives in all respects; for instance love being an affair of the heart over which man has no control, a husband cannot be expected to have equal love for all his wives. But he can certainly deal by them with equity in other respects, and this he must do. So acting equitably between one’s wives pertains only to such acts over which one has control. This is the interpretation the Holy Prophet himself put upon this verse.
۞ يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ وَلَوْ عَلَىٰٓ أَنفُسِكُمْ أَوِ ٱلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ ۚ إِن يَكُنْ غَنِيًّا أَوْ فَقِيرًا فَٱللَّهُ أَوْلَىٰ بِهِمَا ۖ فَلَا تَتَّبِعُوا۟ ٱلْهَوَىٰٓ أَن تَعْدِلُوا۟ ۚ وَإِن تَلْوُۥٓا۟ أَوْ تُعْرِضُوا۟ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
یعنی خداتعالیٰ کی خاطر سچی گواہی دیا کرو۔
5:9.
The expression, "against yourselves" may also signify "against your people or kith and kin". The words "parents and kindred" have been added to emphasize the force of the injunction.
The words also mean, lest you deviate.
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.
e
5:9.
352
“不利于你们自己” 这一用语, 也可意指 “不利于你们的宗教或亲戚朋友。” “父母和亲戚” 这几个字, 是加上去强调这一旨令的。
1
یعنی خداتعالیٰ کی خاطر سچی گواہی دیا کرو۔
a
5:9.
600
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.
c
5:9.
682
The expression, "against yourselves" may also signify "against your people or kith and kin". The words "parents and kindred" have been added to emphasize the force of the injunction.
682A
The words also mean, lest you deviate.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ لِلَّهِ شُهَدَآءَ بِٱلْقِسْطِ ۖ وَلَا يَجْرِمَنَّكُمْ شَنَـَٔانُ قَوْمٍ عَلَىٰٓ أَلَّا تَعْدِلُوا۟ ۚ ٱعْدِلُوا۟ هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَٱتَّقُوا۟ ٱللَّهَ ۚ إِنَّ ٱللَّهَ خَبِيرٌۢ بِمَا تَعْمَلُونَ
4:136.
5:3; 11:90.
Commentary:
As the word قوام (for which see 4:35), mean one who performs his work thoroughly and ceaselessly, the expression, be steadfast in the cause of Allah, would mean that Muslims should take a firm hold of the commandments of God and carry them out completely and thoroughly and should never become lax or negligent.
The words, bearing witness in equity, mean that the Faithful should bear practical witness to the truth of Islam by becoming good Muslims and leading good lives in order to become examples for others. They also signify that the Muslims should convey the Message of Islam to others and thus become witnesses for them. As, however, propagation of Islam implies contact with other peoples, the verse fittingly ends with the commandment, let not a people’s enmity incite you to act otherwise than with justice. Be always just, that is nearer to righteousness. Surely no other religion gives such fair and just teachings about its enemies as does Islam. A true Muslim should act justly not only to other Muslims but also to all non-Muslims–even to those who are enemies of Islam.
The words, And fear Allah, surely Allah is aware of what you do, contain a stern warning that the just and equitable treatment of the enemy enjoined above should not be by way of show but should proceed from the heart and be based on the fear of God, from Whom nothing is hidden.
b
4:136.
c
5:3; 11:90.
a
4:136.
b
5:3; 11:90.
648
Commentary:
As the word قوام (for which see 4:35), mean one who performs his work thoroughly and ceaselessly, the expression, be steadfast in the cause of Allah, would mean that Muslims should take a firm hold of the commandments of God and carry them out completely and thoroughly and should never become lax or negligent.
The words, bearing witness in equity, mean that the Faithful should bear practical witness to the truth of Islam by becoming good Muslims and leading good lives in order to become examples for others. They also signify that the Muslims should convey the Message of Islam to others and thus become witnesses for them. As, however, propagation of Islam implies contact with other peoples, the verse fittingly ends with the commandment, let not a people’s enmity incite you to act otherwise than with justice. Be always just, that is nearer to righteousness. Surely no other religion gives such fair and just teachings about its enemies as does Islam. A true Muslim should act justly not only to other Muslims but also to all non-Muslims–even to those who are enemies of Islam.
The words, And fear Allah, surely Allah is aware of what you do, contain a stern warning that the just and equitable treatment of the enemy enjoined above should not be by way of show but should proceed from the heart and be based on the fear of God, from Whom nothing is hidden.
c
4:136.
d
5:3; 11:90.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْتُلُوا۟ ٱلصَّيْدَ وَأَنتُمْ حُرُمٌ ۚ وَمَن قَتَلَهُۥ مِنكُم مُّتَعَمِّدًا فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ ٱلنَّعَمِ يَحْكُمُ بِهِۦ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًۢا بَٰلِغَ ٱلْكَعْبَةِ أَوْ كَفَّٰرَةٌ طَعَامُ مَسَٰكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِّيَذُوقَ وَبَالَ أَمْرِهِۦ ۗ عَفَا ٱللَّهُ عَمَّا سَلَفَ ۚ وَمَنْ عَادَ فَيَنتَقِمُ ٱللَّهُ مِنْهُ ۗ وَٱللَّهُ عَزِيزٌ ذُو ٱنتِقَامٍ
2:276.
5:2, 97.
5:2, 97.
Important Words:
انتقام (retribution) is derived from نقم. They say نقم الیه i.e. he exacted vengeance upon him; he punished him. انتقمت منهmeans, I took vengeance on him; I inflicted penal retribution on him or I punished him. انتقام thus means, vengeance, punishment or penal retribution (Lane & Aqrab). See also 3:5 and 5:60.
Commentary:
If a man kills game, when he is in the state of احرام (pilgrimage), he should give as compensation a like animal to be taken to Mecca for sacrifice. For instance, if the game killed by him is a deer, he should offer a goat. If the like of the game killed cannot be found, then an animal costing approximately as much as the game killed should be offered, or failing that, the pilgrim should spend the estimated price of the game in feeding the poor, which is two مد per head according to some theologians and one صاع according to others, a مد being roughly two handfuls of corn while a صاع is four times as much as a مد. If, however, the pilgrim is unable to do even that, he should fast for as many days as the number of the poor he could feed with the estimated price of the game killed. The fasting and the feeding of the poor, as the case may be, should preferably be done at Mecca.
a
2:276.
d
5:2, 97.
a
5:2, 97.
b
2:276.723
Important Words:
انتقام (retribution) is derived from نقم. They say نقم الیه i.e. he exacted vengeance upon him; he punished him. انتقمت منهmeans, I took vengeance on him; I inflicted penal retribution on him or I punished him. انتقام thus means, vengeance, punishment or penal retribution (Lane & Aqrab). See also 3:5 and 5:60.
Commentary:
If a man kills game, when he is in the state of احرام (pilgrimage), he should give as compensation a like animal to be taken to Mecca for sacrifice. For instance, if the game killed by him is a deer, he should offer a goat. If the like of the game killed cannot be found, then an animal costing approximately as much as the game killed should be offered, or failing that, the pilgrim should spend the estimated price of the game in feeding the poor, which is two مد per head according to some theologians and one صاع according to others, a مد being roughly two handfuls of corn while a صاع is four times as much as a مد. If, however, the pilgrim is unable to do even that, he should fast for as many days as the number of the poor he could feed with the estimated price of the game killed. The fasting and the feeding of the poor, as the case may be, should preferably be done at Mecca.
a
2:276.
b
5:2, 97.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ شَهَٰدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ حِينَ ٱلْوَصِيَّةِ ٱثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِى ٱلْأَرْضِ فَأَصَٰبَتْكُم مُّصِيبَةُ ٱلْمَوْتِ ۚ تَحْبِسُونَهُمَا مِنۢ بَعْدِ ٱلصَّلَوٰةِ فَيُقْسِمَانِ بِٱللَّهِ إِنِ ٱرْتَبْتُمْ لَا نَشْتَرِى بِهِۦ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ ۙ وَلَا نَكْتُمُ شَهَٰدَةَ ٱللَّهِ إِنَّآ إِذًا لَّمِنَ ٱلْءَاثِمِينَ
2:141, 284.
2:141, 284.
An incident is reported to have occurred in the time of the Holy Prophet which throws some light on this and the following two verses. A Muslim who died far from home entrusted his goods to two Christian brothers—Tamim Dariy and ‘Adi—before his death and asked them to deliver the same to his heirs at Medina. On receiving the goods the heirs found that a silver bowl was missing. The two men were thereupon called to explain the loss of the bowl, but they denied all knowledge of it on oath. Later, the heirs of the deceased person happened to see the bowl with some persons at Mecca who told them that it had been sold to them by the two men to whom the deceased had entrusted his belongings. Thereupon the two men were again summoned, and in their presence the heirs of the belongings stated on oath that the bowl was theirs, whereupon it was handed over to them (Manthur).
The Prayer should preferably be the ‘Asr (Late Afternoon) Prayer, because it was after this Prayer that the Holy Prophet summoned the two witnesses to whom reference has been made above and who were believed to have stolen the silver bowl. The time after Prayer has been chosen with a view to inspiring the witnesses with God-fearingness and inclining their minds to truthfulness. If the witnesses be non-Muslims, then they may be called upon to swear after the time of their own worship, so that the solemnity of the hour may incline them to make true statement.
2:141, 284.
Commentary:
See collective note on 5:109 below.
a
2:141, 284.
a
2:141, 284.
734
Commentary:
See collective note on 5:109 below.
a
2:141, 284.
800
An incident is reported to have occurred in the time of the Holy Prophet which throws some light on this and the following two verses. A Muslim who died far from home entrusted his goods to two Christian brothers—Tamim Dariy and ‘Adi—before his death and asked them to deliver the same to his heirs at Medina. On receiving the goods the heirs found that a silver bowl was missing. The two men were thereupon called to explain the loss of the bowl, but they denied all knowledge of it on oath. Later, the heirs of the deceased person happened to see the bowl with some persons at Mecca who told them that it had been sold to them by the two men to whom the deceased had entrusted his belongings. Thereupon the two men were again summoned, and in their presence the heirs of the belongings stated on oath that the bowl was theirs, whereupon it was handed over to them (Manthur).
801
The Prayer should preferably be the ‘Asr (Late Afternoon) Prayer, because it was after this Prayer that the Holy Prophet summoned the two witnesses to whom reference has been made above and who were believed to have stolen the silver bowl. The time after Prayer has been chosen with a view to inspiring the witnesses with God-fearingness and inclining their minds to truthfulness. If the witnesses be non-Muslims, then they may be called upon to swear after the time of their own worship, so that the solemnity of the hour may incline them to make true statement.