Topic: Contracts
View Aspects
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.
۞ وَإِن كُنتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا۟ كَاتِبًا فَرِهَٰنٌ مَّقْبُوضَةٌ ۖ فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ ٱلَّذِى ٱؤْتُمِنَ أَمَٰنَتَهُۥ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ ۗ وَلَا تَكْتُمُوا۟ ٱلشَّهَٰدَةَ ۚ وَمَن يَكْتُمْهَا فَإِنَّهُۥٓ ءَاثِمٌ قَلْبُهُۥ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ
2:141; 5:107.
Loans may also be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of it. This form of practical transaction will be in the nature of an Amanah, i.e. a trust or deposit affecting both parties. By identifying a loan with a trust it is hinted that loans should be returned with the same care and honesty with which property deposited as a trust is returned on demand.
2:141; 5:107.
Important Words:
رھان (pledge) is derived from رھن. They say رھن الشیء فلانا او عند فلان i.e. he deposited the thing with him or gave it in his possession as a pledge or security for a debt, etc. راھن is one who makes such a pledge and مرتھن is one who receives it. رھینand مرھون mean, the thing so pledged; the thing placed or kept in custody in lieu of a debt, etc. رھان which is the noun-infinitive from راھن and رھن (rahn) which is the noun-infinitive from رھن (rahana) mean, the act of pledging; also the thing pledged. رھان is also the plural of رھن (Aqrab & Lane).
امانة (trust) and اوتمن (is entrusted) and امن (entrusts) are all derived from the same root. امن means, he trusted or he entrusted. ائتمن فلانا علی کذا means, he trusted him with that; he deposited it with him as a trust. امانة means, the thing committed to the trust and care of a person; also honesty, faithfulness and trustworthiness (Aqrab).
Commentary:
If a scribe is not available, loans may be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of this loan. This form of practical transaction, the verse goes on to explain, will be in the nature of an امانة i.e. a trust or deposit affecting both parties. By classing a loan with a trust, it is hinted that loans should be returned with the same care and the same honesty with which property deposited as a trust is returned on demand.
The words, and conceal not testimony, either refer to the testimony of such witnesses as may be present at the time of the pledge, or it may refer to the testimony of the parties themselves. When no other witness is available, the parties are themselves treated as such and may be called upon to give a true account of the affairs on oath.
The expression, his heart is sinful, signifies that he who conceals testimony commits a sin which has not a temporary effect but vitiates the innermost recesses of his heart. Nay, it is a sign of the fact that his heart has already become vitiated.
b
2:141; 5:107.
213
贷款也可以抵押的方式进行,一方得到贷款而另一方得到作为与此相等的抵押品。这种实际交易方式的性质称为 اَمَانَة (Amanah), 即涉及双方的信托或押金。用一种抵押品来鉴定一笔贷款, 意思是说, 贷款必需小心公正地按约如数归还的同时, 作为抵押品的财产也要以同样精神归还原主。
a
2:141; 5:107.
290
Important Words:
رھان (pledge) is derived from رھن. They say رھن الشیء فلانا او عند فلان i.e. he deposited the thing with him or gave it in his possession as a pledge or security for a debt, etc. راھن is one who makes such a pledge and مرتھن is one who receives it. رھینand مرھون mean, the thing so pledged; the thing placed or kept in custody in lieu of a debt, etc. رھان which is the noun-infinitive from راھن and رھن (rahn) which is the noun-infinitive from رھن (rahana) mean, the act of pledging; also the thing pledged. رھان is also the plural of رھن (Aqrab & Lane).
امانة (trust) and اوتمن (is entrusted) and امن (entrusts) are all derived from the same root. امن means, he trusted or he entrusted. ائتمن فلانا علی کذا means, he trusted him with that; he deposited it with him as a trust. امانة means, the thing committed to the trust and care of a person; also honesty, faithfulness and trustworthiness (Aqrab).
Commentary:
If a scribe is not available, loans may be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of this loan. This form of practical transaction, the verse goes on to explain, will be in the nature of an امانة i.e. a trust or deposit affecting both parties. By classing a loan with a trust, it is hinted that loans should be returned with the same care and the same honesty with which property deposited as a trust is returned on demand.
The words, and conceal not testimony, either refer to the testimony of such witnesses as may be present at the time of the pledge, or it may refer to the testimony of the parties themselves. When no other witness is available, the parties are themselves treated as such and may be called upon to give a true account of the affairs on oath.
The expression, his heart is sinful, signifies that he who conceals testimony commits a sin which has not a temporary effect but vitiates the innermost recesses of his heart. Nay, it is a sign of the fact that his heart has already become vitiated.
a
2:141; 5:107.
355
Loans may also be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of it. This form of practical transaction will be in the nature of an Amanah, i.e. a trust or deposit affecting both parties. By identifying a loan with a trust it is hinted that loans should be returned with the same care and honesty with which property deposited as a trust is returned on demand.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَوْفُوا۟ بِٱلْعُقُودِ ۚ أُحِلَّتْ لَكُم بَهِيمَةُ ٱلْأَنْعَٰمِ إِلَّا مَا يُتْلَىٰ عَلَيْكُمْ غَيْرَ مُحِلِّى ٱلصَّيْدِ وَأَنتُمْ حُرُمٌ ۗ إِنَّ ٱللَّهَ يَحْكُمُ مَا يُرِيدُ
2:174; 5:4; 6:146.
2:174; 5:4; 6:146.
The expression Bahimatul-An‘am does not mean the quadrupeds from among cattle for the obvious reason that quadrupeds form a class wider than cattle. It means the quadrupeds which belong to the class of cattle or which resemble cattle. This peculiar construction has been used to signify that whereas all quadrupeds do not make lawful food, those of them that form the counterparts of cattle are allowed. Thus the expression is intended to comprise not only cattle but also such beasts of the forest as correspond to cattle, i.e. wild goat, wild cow, wild buffalo, etc.
The words, other than those which are being announced to you, refer to the animals mentioned in the verse below. The words, however, do not refer to the flesh of an animal which dies of itself and blood and the flesh of swine, because "swine" is not included among cattle and the exception here made is from among the cattle only and not from among all animals and also because this portion had already been revealed in 2:174.
2:174; 5:4; 6:146.
Important Words:
عقود (compacts) is the plural of عقد (‘aqdun), being derived from the verb عقد (‘aqada). They say عقدالحبل i.e. he tied the rope; or he tied it firmly and fast; or he tied it into a knot or knots. عقد means, a compact; a covenant: an agreement; a responsibility; an obligation; a treaty; an ordinance of God (Lane & Aqrab).
بھیمة (quadrupeds) of which the plural is بھائم is derived from بھم. They say بھم الرجل i.e. the man continued looking at a thing without his being relieved by doing so, i.e. he looked vacantly; he was silent and perplexed or was confounded when asked respecting a thing. ابھم الامر means, the affair became vague or dubious or confused. ابھم الباب means, he closed the door. استبھم علیه الامر means, the affair was as though it were closed against him so that he knew not how to engage in it or execute it. بھیمة means, a beast or a brute; any quadruped whether of the land or of the sea; any animal that does not discriminate or does not possess the power of expression; all animals except beasts of prey and birds (Lane & Aqrab).
انعام (cattle) is the plural of نعم (an animal of the class of cattle). They say نعم عیشه i.e. his life was or became easy, good or pleasant. نعم of which the plural is انعام means, pasturing cattle consisting of camels or sheep or goats; or all these; or camels alone (Lane & Aqrab).
The phrase بھیمة الانعام (quadrupeds of the class of cattle) which is made up of two words: بھیمة (quadrupeds) and انعام(cattle) is of rather peculiar construction. The phrase does not mean quadrupeds from among cattle, for the obvious reason that quadrupeds form a class wider than cattle. In fact, the اضافة in the phrase بھیمة الانعام is of the kind which may be called اضافة بیانیة or اضافة تشبیھیة. According to the former, the words بھیمة الانعام would mean, the بھیمة (quadrupeds) which belong to the class of انعام (cattle); and according to the latter, they would mean بھیمة (quadrupeds) which resemble انعام(cattle). This construction has been used by the Quran to signify that whereas all بھیمة (quadrupeds) do not make lawful food, those of them that form the counterparts of انعام (cattle) are allowed. Thus the expression is intended to comprise not only cattle but also such beasts of the forest as correspond to cattle, i.e. wild goat, wild cow, antelope, wild buffalo, etc.
Commentary:
In this verse the word عقود (compacts) signifies compacts made by man with God or the obligations due to Him. The word, literally meaning "knots", has acquired this meaning because in ancient times knots were tied on strings or ropes as symbols of solemn compacts. The fulfilling of compacts or obligations due to God, referred to in the present verse which primarily deals with the subject of food, contains a veiled hint that a time was coming when Muslims would have to face trials and suffer hardships in order to avoid forbidden food. It is then that they would have to be particularly regardful of God’s commandments in this respect. That time has already come and Muslims who go to Europe or America experience great difficulty in getting clean and lawful food, and they have to take special care in procuring it, if they want to avoid forbidden food.
The word صید (game), here used in connection with Ihram, means the animal hunted and not the act of hunting itself, for the commandment with regard to hunting has been given separately in 5:97. In the present verse it is only the eating of game killed by a pilgrim that is mentioned, because not only is the hunting of a land animal by a pilgrim forbidden, but even the eating of it is for him unlawful. If, however, a land animal has been killed by a pilgrim who has not yet entered into the state of Ihram, the eating of it is not forbidden to those who are in a state of Ihram, provided they render no help to the man who kills the game.
The words, other than those which are being announced to you, refer to the flesh of the animals mentioned in 5:4 below, viz. that which has been strangled, and that which has been beaten to death, and that which has been killed by a fall, and that which has been gored to death, etc. The words, however, do not refer to the first part of 5:4, viz. the flesh of an animal which dies of itself, and blood, and the flesh of swine, because "swine" is not included among cattle and the exception here made is from among the cattle and not from among all animals, and also because this portion had already been revealed in 2:174.
b
2:174; 5:4; 6:146.
b
2:174; 5:4; 6:146.
641
Important Words:
عقود (compacts) is the plural of عقد (‘aqdun), being derived from the verb عقد (‘aqada). They say عقدالحبل i.e. he tied the rope; or he tied it firmly and fast; or he tied it into a knot or knots. عقد means, a compact; a covenant: an agreement; a responsibility; an obligation; a treaty; an ordinance of God (Lane & Aqrab).
بھیمة (quadrupeds) of which the plural is بھائم is derived from بھم. They say بھم الرجل i.e. the man continued looking at a thing without his being relieved by doing so, i.e. he looked vacantly; he was silent and perplexed or was confounded when asked respecting a thing. ابھم الامر means, the affair became vague or dubious or confused. ابھم الباب means, he closed the door. استبھم علیه الامر means, the affair was as though it were closed against him so that he knew not how to engage in it or execute it. بھیمة means, a beast or a brute; any quadruped whether of the land or of the sea; any animal that does not discriminate or does not possess the power of expression; all animals except beasts of prey and birds (Lane & Aqrab).
انعام (cattle) is the plural of نعم (an animal of the class of cattle). They say نعم عیشه i.e. his life was or became easy, good or pleasant. نعم of which the plural is انعام means, pasturing cattle consisting of camels or sheep or goats; or all these; or camels alone (Lane & Aqrab).
The phrase بھیمة الانعام (quadrupeds of the class of cattle) which is made up of two words: بھیمة (quadrupeds) and انعام(cattle) is of rather peculiar construction. The phrase does not mean quadrupeds from among cattle, for the obvious reason that quadrupeds form a class wider than cattle. In fact, the اضافة in the phrase بھیمة الانعام is of the kind which may be called اضافة بیانیة or اضافة تشبیھیة. According to the former, the words بھیمة الانعام would mean, the بھیمة (quadrupeds) which belong to the class of انعام (cattle); and according to the latter, they would mean بھیمة (quadrupeds) which resemble انعام(cattle). This construction has been used by the Quran to signify that whereas all بھیمة (quadrupeds) do not make lawful food, those of them that form the counterparts of انعام (cattle) are allowed. Thus the expression is intended to comprise not only cattle but also such beasts of the forest as correspond to cattle, i.e. wild goat, wild cow, antelope, wild buffalo, etc.
Commentary:
In this verse the word عقود (compacts) signifies compacts made by man with God or the obligations due to Him. The word, literally meaning "knots", has acquired this meaning because in ancient times knots were tied on strings or ropes as symbols of solemn compacts. The fulfilling of compacts or obligations due to God, referred to in the present verse which primarily deals with the subject of food, contains a veiled hint that a time was coming when Muslims would have to face trials and suffer hardships in order to avoid forbidden food. It is then that they would have to be particularly regardful of God’s commandments in this respect. That time has already come and Muslims who go to Europe or America experience great difficulty in getting clean and lawful food, and they have to take special care in procuring it, if they want to avoid forbidden food.
The word صید (game), here used in connection with Ihram, means the animal hunted and not the act of hunting itself, for the commandment with regard to hunting has been given separately in 5:97. In the present verse it is only the eating of game killed by a pilgrim that is mentioned, because not only is the hunting of a land animal by a pilgrim forbidden, but even the eating of it is for him unlawful. If, however, a land animal has been killed by a pilgrim who has not yet entered into the state of Ihram, the eating of it is not forbidden to those who are in a state of Ihram, provided they render no help to the man who kills the game.
The words, other than those which are being announced to you, refer to the flesh of the animals mentioned in 5:4 below, viz. that which has been strangled, and that which has been beaten to death, and that which has been killed by a fall, and that which has been gored to death, etc. The words, however, do not refer to the first part of 5:4, viz. the flesh of an animal which dies of itself, and blood, and the flesh of swine, because "swine" is not included among cattle and the exception here made is from among the cattle and not from among all animals, and also because this portion had already been revealed in 2:174.
b
2:174; 5:4; 6:146.
716
The expression Bahimatul-An‘am does not mean the quadrupeds from among cattle for the obvious reason that quadrupeds form a class wider than cattle. It means the quadrupeds which belong to the class of cattle or which resemble cattle. This peculiar construction has been used to signify that whereas all quadrupeds do not make lawful food, those of them that form the counterparts of cattle are allowed. Thus the expression is intended to comprise not only cattle but also such beasts of the forest as correspond to cattle, i.e. wild goat, wild cow, wild buffalo, etc.
717
The words, other than those which are being announced to you, refer to the animals mentioned in the verse below. The words, however, do not refer to the flesh of an animal which dies of itself and blood and the flesh of swine, because "swine" is not included among cattle and the exception here made is from among the cattle only and not from among all animals and also because this portion had already been revealed in 2:174.