جُنَاح

22:33.

Important Words:

الصفا والمروة (As-Safa and Al-Marwah) are the names of two hills near the Ka‘bah in Mecca, the first-mentioned being the nearer of the two. Both Arabian history and the traditions of Islam connect these hills with the story of Hagar and Ishmael when Abraham left them near these hills under God’s command. Ishmael was yet a child, and when the scanty provisions ran out and he was in a pitiable condition for want of water, Hagar anxiously and repeatedly ran between these two hills in search of water and help, but none was found. When, however, she was in her seventh circuit, an angel of God called to her saying that God had brought forth a spring of water near her son and that she should go and look to it (Bukhari, ch. on Anbiya’). Thus the hills of صفا (Safa) and مروة (Marwah) became شعائر الله i.e. Signs of God worthy of due honour and respect in the sight of every true believer. The Bible also makes mention of مروة in a somewhat changed form (Gen. 22:2; also Enc. Bib. under Moriah) in connection with the sacrifice of Abraham’s son.

شعائر (Signs) is the plural of شعیرة which is derived from شعر meaning, he knew or he perceived. Thus شعیرة means: (1) anything by means of which another thing may be known; (2) a sign; (3) anything which is considered or is performed as a mark of submission to God; (4) the rites of pilgrimage and practices pertaining thereto (Aqrab).

حج (is on pilgrimage) means: (1) he sought a person or thing; (2) he went or repaired to a person or thing; (3) he went to a person again and again; (4) he visited a holy place; (5) he performed حج (Pilgrimage) to the Ka‘bah; (6) he overpowered a person in argument (Aqrab).

اعتمر (performs ‘Umrah) is derived from عمر which means, he occupied or tenanted a house; he worshipped God and prayed to Him. اعتمر means, he went to, or visited, a place. عمرة means, visiting a place; worshipping and praying to God; performing Lesser Pilgrimage in which some of the rites of حج are left out (Aqrab).

تطوع (does beyond what is obligatory) is derived from طاع i.e. he obeyed; he did an act willingly and voluntarily. The infinitive الطوع means: (1) obedience; (2) doing an act willingly without its being obligatory on one. تطوع means, he performed an act with effort and volition. تطوع خیرا means, he performed a good act which was not obligatory on him (Aqrab & Mufradat).

Commentary:

To a superficial observer the verse under comment dealing with the subject of Pilgrimage appears to have no connection with the preceding ones which deal with the subject of trials and sacrifices. But a deeper study will at once disclose a very close connection between the two. The preceding verses warned Muslims to be prepared for sacrifices and gave them the glad tidings that if they performed the required sacrifices willingly and patiently, God would bless them greatly and would show special mercy to them and would remember them with kindness and would provide guidance for them whenever needed. Now, in order to bring home to them the truth of this promise, He invites the attention of Muslims to the great sacrifice of Abraham near the site of As-Safa and Al-Marwah. Abraham obeyed His Lord and left his wife Hagar and his son Ishmael near these two hills of Mecca, which was then a most desolate tract. The seed was sown in a soil which was apparently the most barren of all soils, but how wonderfully it prospered! God was a most Loving and Faithful God who so fondly remembered His servants, Abraham and Ishmael, even after the lapse of 2,500 years, and Muslims can expect the same love and the same fidelity from Him, if they too love and obey Him. Safa and Marwah, as explained under Important Words above, are two hills which stand as a memorial to Hagar’s great patience and extraordinary loyalty to God on the one hand and to God’s special treatment of her and her son on the other. A visit to these hills makes the pilgrim deeply impressed with the love, fidelity and power of God.

The words, it is no sin for him, should not be taken to mean that performing the circuit between Safa and Marwah is only permissible and not obligatory. The expression is used simply to remove the aversion to such performance found among certain persons on the basis of the fact that heathen Arabs had placed two idols on these two hills (Muslim). God removed this erroneous notion by saying that it was no sin to perform the circuit between Safa and Marwah, which on account of the great sacrifice of Abraham, Hagar and Ishmael on the one hand and the resulting blessings of God on the other, had become شعائر الله i.e. great Signs of God. That the performance of these circuits is obligatory in both حج and عمرة(the Greater and the Lesser Pilgrimage) is clear from the practice of the Holy Prophet and his injunctions to his followers (Bukhari, ch. Al-Hajj).

The words, whoso does good beyond what is obligatory, do not refer to حج (Greater Pilgrimage), which under certain conditions is obligatory on each Muslim once in a lifetime, but to عمرة (Lesser Pilgrimage) which is not obligatory but simply supererogatory. The words may also be considered to refer to any additional حج or Pilgrimage which a Muslim may perform, after he has performed the one obligatory Pilgrimage.

As this verse mentions the subject of Pilgrimage only secondarily, we are not giving here a note on the rites and philosophy of which will be discussed when we come to the relevant verses.

62:11.

2:153, 204; 8:46; 62:11.

Important Words:

فضل (bounty). See 2:65.

افضتم (you pour forth) is derived from افاض which is again derived from فاض. They say فاض السیل i.e. the flood-water was great in quantity and overflowed the banks. فاضت عینه means, his eye was full of tears, which began to flow down fast. افاض is both transitive and intransitive. They say افاض الماء i.e. he poured out water. افاض القوم من المکان means, the people, who were great in number, poured forth from the house and dispersed. فیاض is one whose charity flows like water (Aqrab).

عرفات (‘Arafat) is the name given to a plain or valley near Mecca where pilgrims halt in the latter portion of the ninth day of Dhul-Hijjah. It is about a mile and a half in circuit with sloping sides rising nearly two hundred feet above the level of the adjacent plain. It is nine miles from Mecca, and the halt technically known as وقوف at this place forms the principal factor of Hajj or Pilgrimage. The word is derived from عرف meaning, he knew or recognized.

مشعرالحرام (Mash‘arul-Haram) is the name given to a small hillock in Muzdalifah, which lies between Mecca and ‘Arafat. Here the Holy Prophet said the evening and the night Prayers and offered special prayers to God before the rising of the sun. It is thus a place specially meant for meditation and prayer in Pilgrimage. It is about six miles from Mecca. The name is a compound of مشعر (from شعر) meaning, the place or means of perception or knowledge, and الحرام (from حرم) meaning, sacred.

Commentary:

As the object of Pilgrimage is that the greatest possible number of Muslims should take part in it, therefore, the Quran permits pilgrims to engage in commerce and trade. Those who cannot take hard cash with them may carry merchandise, and thereby earn money to meet the expenses of the journey. This is what is hinted in the clause, it is no sin for you that you seek the bounty of your Lord. Similar permission is granted to those who gather for the Friday Prayers (62:11).

But trade should not interfere with the acts of worship and devotion prescribed in Pilgrimage. Says God, but when you pour forth from ‘Arafat, remember Him as He has guided you. The Holy Prophet used to pass his time in prayer and meditation at Mash‘arul-Haram and the Faithful are warned that trade or any other worldly occupation should not make them forget the real object of Pilgrimage. The word افضتم (pour forth, lit. overflow) also has a metaphorical meaning, i.e. when you return from ‘Arafat, you should not return empty-handed but should return like a vessel full to overflowing with spiritual knowledge and blessings.

The reader will note that عرفات (‘Arafat) and مشعرالحرام (Mash‘arul-Haram) are both attributive names which have now come to be used as proper ones. They are used to draw the attention of the pilgrim to the fact that Hajj should be a source of knowledge and spiritual realization to him and not a mere outward rite, a mere shell, with no inner soul. The word ‘Arafat also hints that it should be a means of mutual introduction and recognition for Muslims coming from different parts of the world.

See 2:228.

2:232; 4:130; 65:3.

Important Words:

امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).

تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).

حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).

Commentary:

This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"

After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.

The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.

If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.

Important Words:

یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).

یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.

تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.

Commentary:

This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.

31:15; 46:16.

65:7.

2:287; 6:153; 7:43; 23:63; 65:8.

Important Words:

یرضعن (give suck) is derived from رضع i.e. he (the babe) sucked. ارضعت means, she (the mother or the wet-nurse) gave suck to the child. استرضع means, he arranged for the suckling of the child; he engaged a wet-nurse for it. The infinitive-noun رضاعة signifies sucking. ھذا اخی من الرضاعة means, he is my foster-brother, both having sucked from the breast of the same woman (Aqrab & Lane).

حولین (two years) is the dual of حول (a year) which is the infinitive-noun from حال meaning, it passed and became complete, or it passed from one state to another, or it turned round. A year is called حول because it is a complete measure of time and turns round and round. حول also means strength and power to do a thing as in the well-known formula لاحول ولاقوة الابالله (Aqrab).

وسعھا (its capacity) is derived from وسع meaning, it was sufficiently capacious. وسعت رحمة الله کل شیء means, God’s mercy extends to, and covers, all things. وسع means capacity or power or strength. The infinitive-noun from it is سعة meaning, breadth; extent, capaciousness; capacity and power. ذوسعة means, a man of means or a man of ample means (Aqrab).

تکلف (is burdened) is derived from کلف. They say کلفه امرا i.e. he imposed on him the task of doing a thing, or he tasked him to do a thing. It also means, he ordered him to do a thing which was difficult or troublesome or inconvenient (Lane).

فصال (weaning the child) is derived from فصل which is both transitive and intransitive, meaning, he separated, he divided, he partitioned; or he got separated, he went forth from. فصلت المرأة رضیعھا means, the woman weaned her child, which is also a sort of separation between the woman and her suckling. ھذایوم الفصل means, this is the day when a decision or a distinction shall be made between the parties, i.e. the doers of good and the doers of evil. فصال means, the weaning of a child from its mother or from the woman who suckles it (Taj).

تشاور (consultation) is derived from شار. They say شارالعسل i.e. he extracted honey from the honey-comb. شارالدابة means, he rode the beast in order to try it and ascertain its worth. اشار besides giving the same meaning as شار, also means, he made a thing known, he pointed to a thing, he gave a word of good counsel to a person. شاوره means, he consulted him, he sought his advice and counsel. تشاور means, mutual consultation. مشورة and شوری give similar meanings, i.e. consultation (Aqrab).

Commentary:

If a woman is divorced while she is pregnant, the question of the suckling of the child and the expense of bringing it up naturally arises. The verse under comment supplies the answer. It points out that the suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of that period, if the father and the mother both agree on that course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.

The expression لاتضار is both in the active and the passive voice; the clause لاتضار والدة بولدھا may therefore mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally good and equitable. The words مولودله (he to whom the child belongs) have been used here in preference to the simpler word والد (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.

The clause, and the same is incumbent on the heir, lays down an important social principle. If a father dies leaving behind a child, it is the duty of his heirs to bring up the child and maintain it until it reaches puberty. This shall not be considered an act of favour on their part, but an act of duty. One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind. He who receives a support from another must be prepared to give the same to him, when he may stand in need of it.

2:241.

2:229.

Important Words:

یتوفون (who die) is derived from توفی which is derived from وفی (wafa). They say وفی بالعھد i.e. he fulfilled his promise; he was faithful in his word. وفی فلانا حقه (waffa) means, he gave him his right in full. اوفی gives both the meanings ascribed to وفی and وفی(waffa) above. توفی means, he took something in full, as they say توفی حقه i.e. he got or obtained his right in full. توفی الله زیداmeans, God took away the soul of Zaid, leaving the body behind; God caused Zaid to die. توفی فلان means, his soul was taken away, i.e. he died. In this case God is متوفی (mutawaffi) and the man who dies is متوفی (mutawaffa). الوفاة means, death (Aqrab). The Quran says: الله یتوفی الانفس حین موتھاوالتی لم تمت فی منامھا i.e. God takes away the souls of men at the time of their death; and He also takes away the souls of men that have not died, during their sleep (39:43). The Arabic idiom, which has the support of the Quranic usage, definitely shows that wherever God is فاعل (i.e. subject) and a being having a soul is مفعول به(i.e. object) the word توفی invariably means, the taking away of the soul.

Commentary:

After having dealt with the question of the remarriage of divorced women, the Quran in this verse proceeds to issue commandments regarding widows. The عدة i.e. the period of waiting in the case of widows, is four months and ten days which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.

This verse also implies a rebuke to those who are opposed to widow remarriage, thinking it to be an insult to the family and a disgrace to the widowed woman. The words, what is fair, show that it is not only lawful, but preferable and desirable, for a widow to remarry. The words, in anything that they do with regard to themselves, obviously refer to remarriage. Elsewhere the Quran says, And marry your widows (24:33).

Important Words:

عرضتم (you throw out a hint) is derived from عرض meaning, he offered and presented a thing. عرض (‘arrada) means, he used an expression susceptible of different meanings; or he mentioned a thing not clearly but in a veiled manner; or he used words to convey a sense which the words used did not definitely convey (Lane).

خطبة (proposal of marriage) is derived from خطب meaning, he addressed a meeting; he delivered a sermon. خطب المرأة means, he proposed marriage to her. خطبة (khutbah) means, a sermon. خطبة (khitbah) means, a proposal of marriage (Aqrab).

اکننتم (you keep hidden) is derived fromکن . They say کن الشیء or اکن الشیء meaning, he concealed the thing; he covered it. کنان means, a veil or covering, and مکنون means, covered or hidden (Aqrab).

عقدة (tie) is the infinitive-noun from عقد meaning, he tied; he made a thing firm and fast. عقد الحبل means, he tied the rope; he tied it in knots. عقدة means, a tie; a contract that ties up or binds two parties; a marriage contract (Aqrab).

Commentary:

According to this verse, it is forbidden to a man to make an open proposal of marriage to a widow within her عدة or the prescribed period of waiting. He who intends to marry a widow must keep his intention concealed from her. He may drop a hint indirectly suggestive of his intention. But he must on no account make an open suggestion or a formal proposal or even a secret proposal concerning marriage. A widow, too, is prohibited from giving her consent to such a proposal within the prescribed period. She must patiently wait for four months and ten days out of deference to the memory of her departed spouse and in order that her possible pregnancy may become apparent, because a pregnant woman is not allowed to marry until she is delivered of the child.

The words, beware of it, are meant to caution men to be on their guard against disobeying these commandments which are meant for their own good. If God had not laid them down, all social order would have gone to pieces.

The divine attributes, "Forgiving" and "Forbearing", have been mentioned at the end of this verse not to hint that breach of these injunctions would find God Forgiving and Forbearing but that the exigencies of the circumstances required stricter laws in this matter, but as God knows human weaknesses, He has been lenient in this respect. So whatever commandment has now been given, must be faithfully followed and all lapse be honestly guarded against.

Important Words:

متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).

المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).

Commentary:

Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.

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.

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.