ROOT و ص ي

3:103.

Important Words:

وصی (did enjoin upon). وصی فلانا بکذا means, he enjoined this upon him, he ordered him to do this, he charged him with this. وصی علیه بالصلوة means, he exhorted him or enjoined him to observe Prayers. وصی له بماله means, he made a will in his favour, making him heir of his property after his death (Aqrab).

Commentary:

Abraham not only submitted himself to the will of God but also took special care that his children too should inculcate that spirit and lead lives of submission and resignation. The name of Jacob or Israel (grandson of Abraham) has been particularly added here to point to the fact that as Jacob also issued a similar injunction to his children, it becomes all the more binding on the Israelites to submit to the will of God and accept the Prophet who has come with the specific mission of اسلام i.e. submission to God’s will.

The words, so let not death overtake you except when you are in a state of submission, beautifully point to the fact that as nobody knows the time of his death, one should always lead a life of submission to God’s will so that whenever death comes, it may not find one in a state other than that of submission. The words may also mean that a true believer should be so perfectly resigned to God’s will and should so completely win His pleasure that He may, out of His limitless bounty, arrange that death may not come to him except at a time when he is resigned to His will.

This, as well as the preceding verse, forcefully brings out the important point that Islam really means absolute obedience and complete submission to the will of God. Only he who is completely resigned to the will of God is a true Muslim. Thus every true pre-Islamic religion that inculcated the spirit of submission will, within this meaning of the term, fall under the true definition of Islam, because previous to the religion preached by the Holy Prophet, to follow Islam was to obey the then expressed will of God, or, in other words, the revelation of the day. The point of difference between the religion brought by the Holy Prophet and the other true preceding faiths is—although they are Islamic in essence—those faiths were not called by the name of Islam, the reason for this being that they were not perfect and each of them was to be replaced by a succeeding one, and so, if all these had been given the name of Islam, there would have been great confusion. Hence, only the faith which was perfect in every way and was meant for all mankind and was to last forever was given that name so that its very name might be illustrative of its underlying purpose. The name Islam is "the new name" referred to in Isa. 62:2.

When the Quran calls the former Prophets Muslims, it obviously does not mean that they followed Quranic teachings. It simply means that, as explained above, they followed the true faith of their day and manifested in themselves, though partly of course, the spirit of اسلام i.e. submission to the will of God.

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

Important Words:

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

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

Commentary:

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

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

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

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

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

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

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

Important Words:

جنفا (partiality) is the infinitive noun from جنف. They say جنف عن الطریق meaning, he deviated from the right path. جنف فی وصیتهmeans, he acted wrongfully in his will. جانف اھله means, he kept away from his family out of anger and not for a just cause. تجانف لاثم means, he inclined towards sin. So جنف means: (1) inclining to sin, etc. (2) deviating from the right course; (3) acting unjustly or wrongfully; (4) keeping away from rightful things (Aqrab).

Commentary:

If someone should have reason to fear that the testator is showing undue favour to any particular person or party, or that he is acting contrary to Islamic Law, it would be no sin for him to bring about reconciliation between the parties concerned by removing the cause of displeasure or disagreement between the testator and his heirs and thereby having the will altered in accordance with the requirements of justice and Islamic Law. The words, it shall be no sin for him, do not mean that such pious intervention is simply an act of negative virtue. The expression has been used lest, in view of what has been said in the preceding verse regarding the sinfulness of the act of alteration in a will, some overcautious people should hold aloof even when they see an unjust inclination on the part of the testator. The verse thus really means that such an interference, far from being an act of sin, is an act of virtue which is sure to draw God’s mercy.

The concluding clause reminds the testator that God is Forgiving, so that if he mends his error, He will be pleased to forgive him. The declaration that God is Merciful, also serves as an inducement to other Muslims to intervene, if it is felt that the testator is unduly partial to one party, to the detriment of the other. In that case they should readily step in and set things right, for which God would give them an ample portion out of His mercy. Thus the word غفور (Most Forgiving) relates to such testators as return to the right course when reminded to do so, and the word رحیم (Merciful) relates to those persons who succeed in persuading the testator to revert to the path of rectitude and justice.

2:235.

Commentary:

The middle verses, which came in like the middle Prayer, having ended, the Quran reverts to the original subject of conjugal relations. The verse under comment is erroneously believed by some to have been abrogated by 2:235 and 4:13. Apart from the fact that the abrogation theory is based on lack of the knowledge of true teaching of the Quran, there is nothing in the verses referred to above which contradicts the provision contained in the present verse. The period of waiting laid down for a widow in 2:235 is four months and ten days in which time she can, as of right, claim residence and maintenance from the heirs of her deceased husband. The period of one year mentioned in the present verse has nothing to do with the above-mentioned period of waiting, as the words, but if they themselves go out, there shall be no blame upon you; clearly show. The present verse only contains a concession or a favour for a widow in addition to her right of residence and maintenance mentioned in 2:235. One year is about the time conveniently required by a widow for making suitable arrangements about her future. It is also the requisite time for a pregnant widow to be delivered of the child and relieved of the encumbrances attending thereto. Nor has this verse anything to do with the share of a widow in the property left by her husband as stated in 4:13. The concession about residence and maintenance for one year mentioned in the present verse forms no part of her share in the inheritance. The verse contains no obligatory injunction, but only an additional exhortation to the heirs of the deceased person to show special kindness to the widow for a period of one year, just as the following verse embodies an identical exhortation in favour of a divorced woman.

4:177.

Important Words:

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

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

Commentary:

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

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

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

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

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

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

4:177.

Important Words:

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

Commentary:

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

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

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

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

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

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

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

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

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

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

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

See 4:127.

42:14.

Important Words:

حمید (Praiseworthy) is derived from حمد which means, he praised or eulogized him; or he praised him for something depending on the latter’s will. Thus the describing of a pearl as lustrous is not حمد but مدح (see also 1:2). حمید or محمود with which it is almost synonymous, means, praised, eulogized or commended; praise-worthy or laudable. الحمید which is one of the names of God, means, He Who is praised or is praiseworthy in every case (Lane).

Commentary:

See the next verse.

2:141, 284.

Commentary:

See collective note on 5:109 below.

6:22; 7:38; 11:19.

Commentary:

Speaking of the laws devised by man, the Quran had referred to some pagan customs with regard to animals (6:140, 141). Now it gives its own laws with regard to them.

While speaking of sheep and goats in 6:144 above, the Holy Prophet is made here to ask the idolaters to inform him if these animals were unlawful, i.e. not fit for eating, and to bring forward (as hinted in the words نبٔونی بعلم i.e. inform me with knowledge) some rational argument or scientific reason to show that they should not be eaten. When, however, it speaks of oxen and camels in the present verse, the Quran asks idolaters whether they were witnesses when Allah forbade the eating of these animals. In other words, the verse here calls upon them to produce a religious authority showing that the cow and the camel were really forbidden. This is so because the cow and the camel are looked upon as forbidden by some on religious authority. For instance, the Hindus think it unlawful to eat beef for religious reasons and the Jews look upon the camel as forbidden by their scriptures.

This restriction is, however, unjustified; for, as regards beef, it is clearly allowed by the Vedas and was freely used in ancient India not only as ordinary food but also as an essential part of many religious ceremonies (Indo-Aryans by R. Mitra, LL.D., C.I.E.; The Review of Religions for 1923). As regards the camel, it is indeed forbidden by the Bible, but that prohibition is not meant for all time, for the Bible announces the advent of another Lawgiver whose Law was to abrogate the Law of the Bible (Deut. 18:18).

The words, Were you present when Allah enjoined, signify that when pagans do not believe in any revelation, they cannot possibly know that anything was forbidden by God.

4:37; 17:24.

17:32.

6:121; 7:34.

Important Words:

املاق (poverty) is derived from ملق. They say ملق الشیء i.e. he erased the thing. ملقه بالعصا means, he beat him with a stick. ملق الولد امه means, the child sucked from the breasts of his mother. املق الرجل means, the man spent all his money and became poor. املاق means, poverty or destitution (Aqrab).

Commentary:

The Quran has already given the commandments and prohibitions of the Islamic Law with regard to the fruits of the earth and the flesh of animals, in opposition to the laws devised by men. Now it gives general commandments and prohibitions.

It should be noted that the injunctions which follow the word "forbidden" are what God requires us to do, and not what He forbids us to do. Thus, it is the contrary of the injunctions given in the verse that is forbidden. The injunctions have been expressly mentioned and the converse of them which is forbidden is implied. Thus, on the one hand, by using the word "forbidden" and, on the other, by following it up with positive commandments, the verse combines in itself both the direct injunctions and their converse, and the attention of the reader has been drawn to both.

The verse may also be construed in another way. The first sentence should be taken as having finished with the words ما حرم ربکم i.e. what your Lord has forbidden, and the next sentence should be taken as beginning with the words علیکمwhich would in this case mean, "it is enjoined upon you or it is incumbent on you." The verse will then read as follows:"Come, I will rehearse to you what your Lord has forbidden. It is incumbent on you that you associate not anything as partner with Him…"

The order in which the injunctions are given in this verse is noteworthy. The injunctions begin with the words, Come, I will rehearse to you what your Lord has forbidden. The Arabic word for "Lord" is رب which means "Creator, Sustainer, and Nourisher" (see 1:2), and it is the very idea of "sustaining and nourishing" that governs the order of the injunctions here given. The first injunction, i.e. associate not anything as partner with Him, pertains to the Great Nourisher, Allah. The second injunction pertains to the lesser nourishers, viz. parents. The word احسان (doing good) expresses the idea that the service of the parents enjoined in the words, do good to parents, is to be performed in the best way possible, for احسان literally signifies "doing a thing very well." Next come those who are nourished and sustained by the "lesser nourishers", viz. children. Parents are bidden to nourish and bring up their children well, as implied in the words, kill not your children for fear of poverty. Indeed, he who neglects to bring up his children properly for fear of poverty virtually "kills" them. If it is the duty of the children to serve their parents well, it is equally the duty of the parents to bring up their children well.

The pronoun "you" in the clause, it is We Who provide for you and for them, refers to parents and the pronoun "them" refers to children, the former being put before the latter in order to draw our attention to the fact that God’s providing for the parents is a proof of the fact that He will also provide for the children.

The next injunction is contained in the words, approach not foul deeds. The word فواحش (foul deeds) is the plural of فاحشه one meaning of which is "fornication or adultery" (see 4:16), which is another form of killing one’s children; for the man who forms immoral connection with a woman other than his wife, not only destroys his seed but also neglects his own wife, which cannot but affect his begetting children in lawful wedlock. Similarly, illegitimate children born of a woman other than one’s wife are not one’s own children, nor are they properly looked after.

The words, whether open or secret, used in connection with فواحش (foul deeds) refer respectively to openly going in to prostitutes and to forming secret connections with women other than one’s wife.

Next to the relations between parents and children come brotherly and friendly relations which are referred to in the words, kill not the life which Allah has made sacred. This injunction requires us to treat our brethren and friends as well as members of our society with fairness and justice. The word "killing," it will be noted, pertains not only to actually killing but to an attempt at killing as well as causing serious injury and boycotting etc. (see meaning of قتل i.e. killing under 2:62; 3:155 & 4:158). The expression, save by right, used with regard to "killing" means "except when a man has made himself deserving of the treatment to be meted out to him." For instance, in case of murder a person will be put to death only by order of proper authority. Similarly, in case of "boycotting" a person will be boycotted only under the orders of the person or the body that possesses that power. It will not be right for any man to take the law in his own hands.