Topic: Law Of (Shahadah)
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.
وَٱبْتَلُوا۟ ٱلْيَتَٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنْ ءَانَسْتُم مِّنْهُمْ رُشْدًا فَٱدْفَعُوٓا۟ إِلَيْهِمْ أَمْوَٰلَهُمْ ۖ وَلَا تَأْكُلُوهَآ إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا۟ ۚ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِٱلْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَٰلَهُمْ فَأَشْهِدُوا۟ عَلَيْهِمْ ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبًا
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.
Commentary:
Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.
But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.
The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.
The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.
489
Commentary:
Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.
But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.
The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.
The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.
567
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
568
The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
569
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.
وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًا
4:20, 26; 24:20.
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
4:20, 26; 24:20.
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
4:20, 26; 24:20.
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
b
4:20, 26; 24:20.
317
在 «古兰经» (7:29; 33:31; 65:2 )中 فَاحِشَةْ (Fahishah) 未必意味着在 24:3中所规定要惩罚的私通或通奸。这一个词是指可能扰乱社会关系及导致破坏社会秩序显著的不正当行为。在本节经文中所指的妇女, 像在下节中所提到犯有类似罪恶而惩罚未确定的男人一样, 是那些除了私通或通奸以外, 犯有邪恶或不道德行为的妇女。这也是阿布•穆斯林 (اَبُوْ مُسْلِمْ, Abu Muslim) 和穆甲海德 (مُجَاهِدْ, Mujahid) 的见解。这类妇女应受禁和其他妇女在一起相处, 直到改过自新或结婚的时候, 结婚是安拉给她们的一条出路。由于所提到的这种罪过是严重的, 必须考虑四个见证, 以免该妇女受屈辱。
2
اس آیت اور اگلی آیت میں معروف ناپسندیدہ افعال کی سزا مقرر کی ہے۔ عورت کے لئے یہ کہ خاندان کے چار گواہوں کی گواہی پر اسے گھر سے آزادنکلنے سے روکا جائے اور مردوں کے لئے یہ کہ تمدنی گرفت ان پر کی جائے۔ اس میں ہرگز کسی شہوانی جرم کا ذکر نہیں۔ کیونکہ اُس کا ذکر سورہ نور میں آتا ہے اور وہاں اس کی سزا بھی بیان کی گئی ہے۔ چونکہ سورہ نور میں بیان شدہ سزا اور اِس آیت میں بیان شدہ سزا دونوں آپس میں مختلف ہیں۔ اس لئے معلوم ہوا کہ اس آیت میں بیان شدہ جن امور کی سزا ہے۔ وہ ناپسندیدہ افعال اور بُرے اخلاق کی باتیں ہیں۔
a
4:20, 26; 24:20.
496
Important Words:
الفاحشة (lewdness) is derived from فحش. They say فحش الامر i.e. the matter or the affair or the thing was or became foul, evil, immodest or lewd; or it became excessively foul, etc. فحشت المرأة means, the woman became foul or ugly. فاحشهmeans, he vied with him or strove to surpass him in foul or obscene speech or language, etc. فاحشة therefore means, an excess or enormity or anything exceeding the bounds of rectitude; or a thing excessively and enormously foul, evil, immoral, lewd or obscene; a sin or crime which is excessively foul; adultery or fornication. فحشاءbesides giving the same meaning as فاحشة also signifies avarice or niggardliness in the payment of Zakah or the poor-rate (Lane).
Commentary:
The women referred to in this verse are those guilty of foul or immoral conduct short of adultery. Abu Muslim and Mujahid, among others, have also held this view.
The words, confine them to the houses until death overtake them or Allah open for them a way, mean that they should be prevented from mixing with other women until they reform themselves or get married, marriage being an effective means of weaning people from immoral practices. As the offence mentioned is a serious one, four witnesses are considered necessary in order to prevent injustice being done to women.
Some scholars have sought to interpret the verse in the light of a saying of the Holy Prophet which runs as follows: "Learn from me, Allah has indeed opened for them a way, which is that if an unmarried couple commit fornication with each other they should receive a hundred stripes and should be banished for one year. But if a married man commits adultery with a married woman, then they should receive a hundred stripes each and be stoned to death" (Jarir, iv. 182). These scholars hold that the word فاحشة (fahishah) mentioned in the verse means "adultery" and that this verse prescribed that the women who committed adultery were to be detained in their houses till their death or till the time when God should open a way for them, i.e. reveal the law concerning them; and that the law which was afterwards revealed was to the effect that an unmarried woman committing fornication should receive a hundred stripes and one year’s banishment, while a married woman guilty of adultery should be stoned to death after she had received a hundred stripes. This interpretation, however, is open to many objections:
1. If the words, confine them to the houses until death overtake them or Allah open for them a way, mean that they were to be detained in their houses until God gave His law concerning them, the question is, what hindered God from giving His law at the very time of the revelation of the verse under comment? There is no hint here that the time was not yet ripe for such a law to be revealed. In this case, the only inference will be that God hesitated to give the necessary law at the time when this verse was revealed because He was not yet decided, the matter being still under His consideration. Such a supposition cannot be made about God.
2. The law mentioned in the above-quoted hadith is not found in the Quran.
3. The Holy Prophet’s own practice was against this hadith. No less than four persons were stoned to death for adultery in his lifetime, but none of them was given the punishment of a hundred stripes before being stoned as the above-mentioned hadith prescribes.
It may also be pointed out here that according to the usage of the Quran, the word فاحشة (fahishah) does not always mean "adultery" but as shown under Important Words above, it is also applied to all sorts of excesses or sins or crimes or acts exceeding the bounds of rectitude. For this meaning of the word the reader is referred to 33:31 which says: O wives of the Prophet, if any of you be guilty of فاحشة مبینة (manifestly dishonourable conduct); and 65:2 which says: unless they commit فاحشة مبینة (an act which is manifestly foul); and 7:29 which says: and when they commit فاحشة (a foul deed). In none of these verses does the word فاحشة mean adultery.
d
4:20, 26; 24:20.
576
Fahishah as used in the Qur’an (7:29; 33:31; 65:2) does not necessarily mean fornication or adultery for which punishment is prescribed in 24:3. The word refers to any glaringly improper conduct which may disturb social relations and may lead to breaches of the peace. The women referred to in this verse, as the men in the next in which similar offence with an undefined punishment is mentioned, are those guilty of foul or immoral conduct short of fornication or adultery. This is the view also of Abu Muslim and Mujahid. Such women should be prevented from mixing with other women until they reform themselves or get married, marriage being the way opened for them by Allah. As the offence mentioned is a serious one, four witnesses are considered necessary lest injustice be done to women reported against.
۞ 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 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.
فَإِنْ عُثِرَ عَلَىٰٓ أَنَّهُمَا ٱسْتَحَقَّآ إِثْمًا فَـَٔاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسْتَحَقَّ عَلَيْهِمُ ٱلْأَوْلَيَٰنِ فَيُقْسِمَانِ بِٱللَّهِ لَشَهَٰدَتُنَآ أَحَقُّ مِن شَهَٰدَتِهِمَا وَمَا ٱعْتَدَيْنَآ إِنَّآ إِذًا لَّمِنَ ٱلظَّٰلِمِينَ
The word Aulayan refers to the first two witnesses and signifies that these two were in a better position to give true evidence, being the persons who were with the deceased at the time of his death and in whose presence the will was made and to whom the property was entrusted to be handed over to the heirs of the deceased. The "other" two witnesses should be from among the deceased person’s heirs.
Important Words:
اَولیان (the two who were in a better position) is derived from ولی being the dual of اولی which means, one more worthy or more competent or more entitled or more deserving or better fitted or having a better claim to do a thing, etc. (Lane). See also 4:136.
استحقااثما (the two are guilty of sin) and استحق علیھم (against whom they sinfully deposed). The word استحق is derived from حقwhich means, it was or became suitable to the requirements of wisdom, justice, right and truth; it was or became right, proper, correct or true; it became established as a truth. استحقه means, he demanded it as his right or due; he had a right or title or claim to it; he deserved or merited it. They say استحق اثما i.e. he did what necessitated sin; or he was guilty of a sin and deserved it being said of him that he was a sinner. The expression علیھم added the word استحق means "against them", the particle علی sometimes meaning "against". استحقھا علی المشتری means, he has a right to it in preference to the purchaser, i.e. he has a better claim to it as against the buyer. The words استحق علیھم therefore, would mean, they (the two witnesses who were in a better position to give true evidence) gave false evidence against their just rights, seeking to deprive them (heirs of the deceased) of their rights by giving false evidence against them.
Commentary:
See collective note on 5:109.
735
Important Words:
اَولیان (the two who were in a better position) is derived from ولی being the dual of اولی which means, one more worthy or more competent or more entitled or more deserving or better fitted or having a better claim to do a thing, etc. (Lane). See also 4:136.
استحقااثما (the two are guilty of sin) and استحق علیھم (against whom they sinfully deposed). The word استحق is derived from حقwhich means, it was or became suitable to the requirements of wisdom, justice, right and truth; it was or became right, proper, correct or true; it became established as a truth. استحقه means, he demanded it as his right or due; he had a right or title or claim to it; he deserved or merited it. They say استحق اثما i.e. he did what necessitated sin; or he was guilty of a sin and deserved it being said of him that he was a sinner. The expression علیھم added the word استحق means "against them", the particle علی sometimes meaning "against". استحقھا علی المشتری means, he has a right to it in preference to the purchaser, i.e. he has a better claim to it as against the buyer. The words استحق علیھم therefore, would mean, they (the two witnesses who were in a better position to give true evidence) gave false evidence against their just rights, seeking to deprive them (heirs of the deceased) of their rights by giving false evidence against them.
Commentary:
See collective note on 5:109.
802
The word Aulayan refers to the first two witnesses and signifies that these two were in a better position to give true evidence, being the persons who were with the deceased at the time of his death and in whose presence the will was made and to whom the property was entrusted to be handed over to the heirs of the deceased. The "other" two witnesses should be from among the deceased person’s heirs.
ذَٰلِكَ أَدْنَىٰٓ أَن يَأْتُوا۟ بِٱلشَّهَٰدَةِ عَلَىٰ وَجْهِهَآ أَوْ يَخَافُوٓا۟ أَن تُرَدَّ أَيْمَٰنٌۢ بَعْدَ أَيْمَٰنِهِمْ ۗ وَٱتَّقُوا۟ ٱللَّهَ وَٱسْمَعُوا۟ ۗ وَٱللَّهُ لَا يَهْدِى ٱلْقَوْمَ ٱلْفَٰسِقِينَ
Commentary:
The Arabic words ترد ایمان بعد ایمانھم rendered as "other oaths will be taken after their oaths" literally means: (1) "oaths will be repeated, i.e. taken again, after their oaths"; or (2) "their oaths will be rejected after their (other witnesses’) oaths", the significance in both cases being practically the same, i.e. the oaths of the first two witnesses will be rejected and two other witnesses called in to give true evidence on oath.
The purport of this and the preceding two verses is that when a person is about to make his will at the time of his death, he should have as witnesses to his statement two just men, who should testify to the validity of his will after his death. But if death comes upon a person suddenly when he is away from home and no Muslim witnesses are at hand, then two trustworthy non-Muslims may be asked to serve as witnesses. If, however, the veracity of the witnesses is called into question by the heirs of the deceased, the former should be asked to prove their truthfulness by a statement on oath made after the time of Prayer. But if the persons in whose favour the will was made have good reason to believe that the witnesses have been guilty of perjury, then they can state on oath that their statement is truer than that of the two witnesses, and in that case the qadi or judge, if satisfied, will give his decree in their favour.
An incident is reported to have occurred in the days of the Holy Prophet which throws some light on the verses under comment. A Muslim who died away from home entrusted his goods to two men 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 upon 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 property. Thereupon the two men were again summoned, and in their presence the heirs of the deceased stated on oath that the bowl was theirs, whereupon it was handed over to them (Manthur).
The Prayer mentioned in 5:107 above may be any Prayer but preferably it should be the ‘Asr or 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 witnesses with ideas of piety and 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 a true statement, because the worship of God is calculated to exercise a purifying influence on the human mind, and men fresh from Prayer are expected to fear God and make a true statement.
The word اَولیان (the two, who were in a better position) occurring in 5:108 above is the dual of اولی which means more competent or more worthy. It refers to the first two witnesses and signifies that these two were in a better position to give true evidence, being the persons who were with the deceased at the time of his death and in whose presence the will was made and to whom the property was entrusted to be handed over to the heirs of the deceased. The expression also serves as a sort of veiled reproach to them that, in spite of being in a better position and more competent to give true evidence, they stumbled and drifted away from truth.
The second two witnesses should be from among the deceased person’s heirs, whom the first two witnesses deprived of their right by bearing false witness regarding the will of the deceased.
736
Commentary:
The Arabic words ترد ایمان بعد ایمانھم rendered as "other oaths will be taken after their oaths" literally means: (1) "oaths will be repeated, i.e. taken again, after their oaths"; or (2) "their oaths will be rejected after their (other witnesses’) oaths", the significance in both cases being practically the same, i.e. the oaths of the first two witnesses will be rejected and two other witnesses called in to give true evidence on oath.
The purport of this and the preceding two verses is that when a person is about to make his will at the time of his death, he should have as witnesses to his statement two just men, who should testify to the validity of his will after his death. But if death comes upon a person suddenly when he is away from home and no Muslim witnesses are at hand, then two trustworthy non-Muslims may be asked to serve as witnesses. If, however, the veracity of the witnesses is called into question by the heirs of the deceased, the former should be asked to prove their truthfulness by a statement on oath made after the time of Prayer. But if the persons in whose favour the will was made have good reason to believe that the witnesses have been guilty of perjury, then they can state on oath that their statement is truer than that of the two witnesses, and in that case the qadi or judge, if satisfied, will give his decree in their favour.
An incident is reported to have occurred in the days of the Holy Prophet which throws some light on the verses under comment. A Muslim who died away from home entrusted his goods to two men 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 upon 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 property. Thereupon the two men were again summoned, and in their presence the heirs of the deceased stated on oath that the bowl was theirs, whereupon it was handed over to them (Manthur).
The Prayer mentioned in 5:107 above may be any Prayer but preferably it should be the ‘Asr or 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 witnesses with ideas of piety and 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 a true statement, because the worship of God is calculated to exercise a purifying influence on the human mind, and men fresh from Prayer are expected to fear God and make a true statement.
The word اَولیان (the two, who were in a better position) occurring in 5:108 above is the dual of اولی which means more competent or more worthy. It refers to the first two witnesses and signifies that these two were in a better position to give true evidence, being the persons who were with the deceased at the time of his death and in whose presence the will was made and to whom the property was entrusted to be handed over to the heirs of the deceased. The expression also serves as a sort of veiled reproach to them that, in spite of being in a better position and more competent to give true evidence, they stumbled and drifted away from truth.
The second two witnesses should be from among the deceased person’s heirs, whom the first two witnesses deprived of their right by bearing false witness regarding the will of the deceased.
وَٱلَّذِينَ يَرْمُونَ ٱلْمُحْصَنَٰتِ ثُمَّ لَمْ يَأْتُوا۟ بِأَرْبَعَةِ شُهَدَآءَ فَٱجْلِدُوهُمْ ثَمَٰنِينَ جَلْدَةً وَلَا تَقْبَلُوا۟ لَهُمْ شَهَٰدَةً أَبَدًا ۚ وَأُو۟لَٰٓئِكَ هُمُ ٱلْفَٰسِقُونَ
24:24.
24:24.
The other social evil, second to adultery in heinousness, which eats into the vitals of human society, is the slandering of innocent persons. Islam also views with extreme disfavour this social evil which has become so common in the so-called civilized modern society, and severely punishes the accusers of innocent people. The verse mentions three forms of punishment in an ascending order which are to be meted out to a slanderer: (a) the physical punishment of scourging; (b) the disgrace of being branded as a perjurer and a liar which invalidates his evidence and (c) the spiritual stigma of being adjudged as a transgressor. It may be noted that no mention is made here of the accusation being true or false. So long as the accuser cannot produce the necessary evidence in support of his charge, the charge would be considered as false and the accuser would render himself liable to the prescribed punishment. Whatever the facts of the case, the woman with whom adultery is alleged to have been committed will be he
24:24.
Commentary:
The other social evil, second to adultery in heinousness which eats into the vitals of human society, is the slandering of innocent persons. Islam views also with extreme disfavour this social evil which has become so common in the so-called civilized modern society, and severely punishes the accusers of innocent people. The verse under comment mentions three forms of punishment in an ascending order which are to be meted out to a slanderer; first, the physical punishment of scourging; secondly, the disgrace of being branded as a perjurer and a liar which invalidates his evidence and thirdly, the spiritual stigma of being adjudged as a wicked transgressor.
It may be noted that the punishment prescribed for the slanderer who accuses a chaste woman without producing adequate evidence seems to be even more serious than the punishment prescribed for the crime of adultery itself. In the latter case the punishment prescribed is one hundred lashes, only twenty lashes more than those prescribed for slandering. But after undergoing the punishment the adulterer or adulteress has not to carry the disgrace of being branded as a perjurer, nor does he or she lie under the more serious spiritual stigma of being adjudged by God as a wicked transgressor.
The commandment about scandal-mongering is of particular importance in the present state of the so-called civilized society where it has assumed the form of a common social pastime. No wonder that as a result of scandal-mongering sexual immorality has greatly increased, particularly in western countries.
It may also be noted that in this verse no mention has been made of the accusation being true or false. So long as the accuser cannot produce the necessary evidence in support of his charge, the charge would be considered as false and the accuser would render himself liable to the prescribed punishment. Whatever the real facts of the case, the woman with whom adultery is alleged to have been committed will be held innocent so long as the required evidence is not produced. The law is, in fact, intended to suppress with a strong hand the offence of slandering and scandal-mongering which is calculated to encourage the spread of those very crimes which the scandal-mongers hold up to public gaze.
It follows from this verse that a person charged with adultery is held guilty only if four witnesses, in addition to the accuser, are forthcoming who solemnly declare and testify to the fact of having seen with their own eyes the accused person actually committing the crime.
In case the offender himself confesses to the crime, no witnesses will, of course, be required to prove his guilt provided he is in full possession of his senses. From Hadith it appears that in such an event the offender must himself testify four times to having committed the crime. In case a man alleges that he has committed adultery the woman implicated will not be held guilty unless she herself admits that she too has committed the crime. This provision is intended to save the good name of innocent men or women from being besmirched by persons of no character who are not ashamed of confessing to having committed adultery in order to implicate other innocent persons along with themselves.
Similarly, when a person makes an allegation against another, it is the accuser who is required to produce four witnesses to the crime alleged. The accused person has not to prove his innocence. It is only after four witnesses have been produced that he is asked to produce his defence. If the accuser fails to produce the requisite four witnesses, then both he and the witnesses will be liable to punishment on the plea of having made an allegation for which they had not produced the necessary evidence.
The object of such stringent provisions is to discourage the spread of indecent scandals. Such provisions amply refute the criticism that the penalty Islamic Law prescribes for adultery is barbarous. The evidence and the attendant conditions required to prove the commission of adultery are, in fact, almost impossible to produce save in cases where the offence is committed openly and in such cases a severe punishment, in order to be deterrent, is certainly very essential.
If a person confesses to having committed the crime and repeats his confession four times, he will not be punished if he recants at the time of infliction of the punishment. In such an event, however, the culprit will be liable to punishment for slandering the alleged accessory.
The commandment contained in this verse covers both men and women although the word used is المحصنات which means 'chaste women.' In the Arabic language when something has to be said which relates equally to both men and women the gender used is masculine. But when something is said regarding a matter which concerns women more than men, then feminine gender is used. The commandment here relates to punishment for slandering whether the victim of the slander is man or woman but as women generally are more often the victims of such slanders, the verse speaks of 'chaste women'. Similarly the word الذین (those) though in masculine gender applies to both men and women slanderers.
b
24:24.
a
24:24.
2594
Commentary:
The other social evil, second to adultery in heinousness which eats into the vitals of human society, is the slandering of innocent persons. Islam views also with extreme disfavour this social evil which has become so common in the so-called civilized modern society, and severely punishes the accusers of innocent people. The verse under comment mentions three forms of punishment in an ascending order which are to be meted out to a slanderer; first, the physical punishment of scourging; secondly, the disgrace of being branded as a perjurer and a liar which invalidates his evidence and thirdly, the spiritual stigma of being adjudged as a wicked transgressor.
It may be noted that the punishment prescribed for the slanderer who accuses a chaste woman without producing adequate evidence seems to be even more serious than the punishment prescribed for the crime of adultery itself. In the latter case the punishment prescribed is one hundred lashes, only twenty lashes more than those prescribed for slandering. But after undergoing the punishment the adulterer or adulteress has not to carry the disgrace of being branded as a perjurer, nor does he or she lie under the more serious spiritual stigma of being adjudged by God as a wicked transgressor.
The commandment about scandal-mongering is of particular importance in the present state of the so-called civilized society where it has assumed the form of a common social pastime. No wonder that as a result of scandal-mongering sexual immorality has greatly increased, particularly in western countries.
It may also be noted that in this verse no mention has been made of the accusation being true or false. So long as the accuser cannot produce the necessary evidence in support of his charge, the charge would be considered as false and the accuser would render himself liable to the prescribed punishment. Whatever the real facts of the case, the woman with whom adultery is alleged to have been committed will be held innocent so long as the required evidence is not produced. The law is, in fact, intended to suppress with a strong hand the offence of slandering and scandal-mongering which is calculated to encourage the spread of those very crimes which the scandal-mongers hold up to public gaze.
It follows from this verse that a person charged with adultery is held guilty only if four witnesses, in addition to the accuser, are forthcoming who solemnly declare and testify to the fact of having seen with their own eyes the accused person actually committing the crime.
In case the offender himself confesses to the crime, no witnesses will, of course, be required to prove his guilt provided he is in full possession of his senses. From Hadith it appears that in such an event the offender must himself testify four times to having committed the crime. In case a man alleges that he has committed adultery the woman implicated will not be held guilty unless she herself admits that she too has committed the crime. This provision is intended to save the good name of innocent men or women from being besmirched by persons of no character who are not ashamed of confessing to having committed adultery in order to implicate other innocent persons along with themselves.
Similarly, when a person makes an allegation against another, it is the accuser who is required to produce four witnesses to the crime alleged. The accused person has not to prove his innocence. It is only after four witnesses have been produced that he is asked to produce his defence. If the accuser fails to produce the requisite four witnesses, then both he and the witnesses will be liable to punishment on the plea of having made an allegation for which they had not produced the necessary evidence.
The object of such stringent provisions is to discourage the spread of indecent scandals. Such provisions amply refute the criticism that the penalty Islamic Law prescribes for adultery is barbarous. The evidence and the attendant conditions required to prove the commission of adultery are, in fact, almost impossible to produce save in cases where the offence is committed openly and in such cases a severe punishment, in order to be deterrent, is certainly very essential.
If a person confesses to having committed the crime and repeats his confession four times, he will not be punished if he recants at the time of infliction of the punishment. In such an event, however, the culprit will be liable to punishment for slandering the alleged accessory.
The commandment contained in this verse covers both men and women although the word used is المحصنات which means 'chaste women.' In the Arabic language when something has to be said which relates equally to both men and women the gender used is masculine. But when something is said regarding a matter which concerns women more than men, then feminine gender is used. The commandment here relates to punishment for slandering whether the victim of the slander is man or woman but as women generally are more often the victims of such slanders, the verse speaks of 'chaste women'. Similarly the word الذین (those) though in masculine gender applies to both men and women slanderers.
a
24:24.
2028
The other social evil, second to adultery in heinousness, which eats into the vitals of human society, is the slandering of innocent persons. Islam also views with extreme disfavour this social evil which has become so common in the so-called civilized modern society, and severely punishes the accusers of innocent people. The verse mentions three forms of punishment in an ascending order which are to be meted out to a slanderer: (a) the physical punishment of scourging; (b) the disgrace of being branded as a perjurer and a liar which invalidates his evidence and (c) the spiritual stigma of being adjudged as a transgressor. It may be noted that no mention is made here of the accusation being true or false. So long as the accuser cannot produce the necessary evidence in support of his charge, the charge would be considered as false and the accuser would render himself liable to the prescribed punishment. Whatever the facts of the case, the woman with whom adultery is alleged to have been committed will be he
وَٱلَّذِينَ يَرْمُونَ أَزْوَٰجَهُمْ وَلَمْ يَكُن لَّهُمْ شُهَدَآءُ إِلَّآ أَنفُسُهُمْ فَشَهَٰدَةُ أَحَدِهِمْ أَرْبَعُ شَهَٰدَٰتٍۭ بِٱللَّهِ ۙ إِنَّهُۥ لَمِنَ ٱلصَّٰدِقِينَ
As suspicion between husband and wife is likely to cast a severe strain on the whole family relations, a special regulation has been laid down in the verse under comment to meet such an unhappy situation if it ever happens to arise.
Commentary:
As suspicion between husband and wife is likely to cast a severe strain on the whole family relations, a special regulation has been laid down in the verse under comment to meet such an unhappy situation if it ever happens to arise. If a husband accuses his wife of adultery he has to declare on oath four times that his allegation is true.
2596
Commentary:
As suspicion between husband and wife is likely to cast a severe strain on the whole family relations, a special regulation has been laid down in the verse under comment to meet such an unhappy situation if it ever happens to arise. If a husband accuses his wife of adultery he has to declare on oath four times that his allegation is true.
2030
As suspicion between husband and wife is likely to cast a severe strain on the whole family relations, a special regulation has been laid down in the verse under comment to meet such an unhappy situation if it ever happens to arise.
لَّوْلَا جَآءُو عَلَيْهِ بِأَرْبَعَةِ شُهَدَآءَ ۚ فَإِذْ لَمْ يَأْتُوا۟ بِٱلشُّهَدَآءِ فَأُو۟لَٰٓئِكَ عِندَ ٱللَّهِ هُمُ ٱلْكَٰذِبُونَ
He, who accuses a Muslim man or woman of adultery and does not produce four witnesses to prove his allegation, shall be held to be a liar and treated as such by the Islamic Law if he can produce only one, two or even three persons as eyewitnesses to the act. The fact of one person seeing another person committing this immoral act does not entitle him to go about spreading the evil report.
Commentary:
As stated above, not only does Islam take a very serious view of the crimes against chastity and punishes them severely, it is also very sensitive about the good reputation of Muslim men and women and takes very effective steps to safeguard it. Islam regards it as highly reprehensible and even criminal to spread false accusations against them. According to this verse, he who accuses a Muslim man or woman of adultery and does not produce four witnesses to prove his allegation shall be held to be a liar and treated as such by the Islamic Law even if he can produce one, two or even three persons as eye-witnesses to the act. The fact of one person seeing another person committing this immoral act does not entitle him to go about spreading the evil report.
2601
Commentary:
As stated above, not only does Islam take a very serious view of the crimes against chastity and punishes them severely, it is also very sensitive about the good reputation of Muslim men and women and takes very effective steps to safeguard it. Islam regards it as highly reprehensible and even criminal to spread false accusations against them. According to this verse, he who accuses a Muslim man or woman of adultery and does not produce four witnesses to prove his allegation shall be held to be a liar and treated as such by the Islamic Law even if he can produce one, two or even three persons as eye-witnesses to the act. The fact of one person seeing another person committing this immoral act does not entitle him to go about spreading the evil report.
2034
He, who accuses a Muslim man or woman of adultery and does not produce four witnesses to prove his allegation, shall be held to be a liar and treated as such by the Islamic Law if he can produce only one, two or even three persons as eyewitnesses to the act. The fact of one person seeing another person committing this immoral act does not entitle him to go about spreading the evil report.
حَتَّىٰٓ إِذَا مَا جَآءُوهَا شَهِدَ عَلَيْهِمْ سَمْعُهُمْ وَأَبْصَٰرُهُمْ وَجُلُودُهُم بِمَا كَانُوا۟ يَعْمَلُونَ
24.25; 36:66.
The ears and eyes of the guilty will bear witness against disbelievers in three ways: (1) The evil consequences of their actions will take a physical form. (2) The very organs of their bodies having been vitiated by misuse, their vitiated condition will bear witness against them; and (3) all the movements of the organs of their bodies, having been preserved, will be reproduced on the Last Day.
17:37; 24:25; 36:66.
Commentary:
The ears and eyes of the guilty will bear witness against them in three ways: (1) The evil consequences of the actions of disbelievers will take physical form in the next world and thus will be quite apparent for anyone to see. (2) The very organs of the bodies of disbelievers having been vitiated by misuse, their vitiate condition will bear witness against them; and (3) the words uttered by them and all the movement of the organs of their bodies, having been preserved, will be reproduced on the Last Day.
a
24.25; 36:66.
1183
犯罪者的耳目将以三种方式对不信者作不利的指证: (1) 不良行动的后果将产生一个物质外形; (2) 身体器官由于滥用而败坏, 败坏情况将成为不利于不信者的指证; (3) 身体器官的一切动作由于得到保留而将在世界末日重现。
a
17:37; 24:25; 36:66.
3572
Commentary:
The ears and eyes of the guilty will bear witness against them in three ways: (1) The evil consequences of the actions of disbelievers will take physical form in the next world and thus will be quite apparent for anyone to see. (2) The very organs of the bodies of disbelievers having been vitiated by misuse, their vitiate condition will bear witness against them; and (3) the words uttered by them and all the movement of the organs of their bodies, having been preserved, will be reproduced on the Last Day.
b
24.25; 36:66.
2628
The ears and eyes of the guilty will bear witness against disbelievers in three ways: (1) The evil consequences of their actions will take a physical form. (2) The very organs of their bodies having been vitiated by misuse, their vitiated condition will bear witness against them; and (3) all the movements of the organs of their bodies, having been preserved, will be reproduced on the Last Day.
وَقَالُوا۟ لِجُلُودِهِمْ لِمَ شَهِدتُّمْ عَلَيْنَا ۖ قَالُوٓا۟ أَنطَقَنَا ٱللَّهُ ٱلَّذِىٓ أَنطَقَ كُلَّ شَىْءٍ وَهُوَ خَلَقَكُمْ أَوَّلَ مَرَّةٍ وَإِلَيْهِ تُرْجَعُونَ
皮肤在人的活动中起着很重要的作用。它不仅有触觉, 而且还有其他一切感觉。虽然耳目的罪过局限于视听, “皮肤” 的罪过旁及身体上所有的器官和四肢。
The skin plays the most important part in man’s actions. It includes not only the sense of touch but also all the other senses. While the sins of the eyes and the ears are confined to seeing and hearing, the sins of 'the skin' extend to all organs or limbs of the body.
Commentary:
In the previous verse it was mentioned that the ears, eyes and skins of the guilty will give evidence against them. In this verse the first two organs have been omitted and only "the skins" are mentioned as having been given the power to speak. This is because the skin plays the most important part in man’s actions. It includes not only the sense of touch but also all the other senses. While the sins of the eyes and the ears are confined to seeing and hearing, the sins of "the skin" extend to all organs or limbs of the body.
1184
皮肤在人的活动中起着很重要的作用。它不仅有触觉, 而且还有其他一切感觉。虽然耳目的罪过局限于视听, “皮肤” 的罪过旁及身体上所有的器官和四肢。
3573
Commentary:
In the previous verse it was mentioned that the ears, eyes and skins of the guilty will give evidence against them. In this verse the first two organs have been omitted and only "the skins" are mentioned as having been given the power to speak. This is because the skin plays the most important part in man’s actions. It includes not only the sense of touch but also all the other senses. While the sins of the eyes and the ears are confined to seeing and hearing, the sins of "the skin" extend to all organs or limbs of the body.
2629
The skin plays the most important part in man’s actions. It includes not only the sense of touch but also all the other senses. While the sins of the eyes and the ears are confined to seeing and hearing, the sins of 'the skin' extend to all organs or limbs of the body.
وَمَا كُنتُمْ تَسْتَتِرُونَ أَن يَشْهَدَ عَلَيْكُمْ سَمْعُكُمْ وَلَآ أَبْصَٰرُكُمْ وَلَا جُلُودُكُمْ وَلَٰكِن ظَنَنتُمْ أَنَّ ٱللَّهَ لَا يَعْلَمُ كَثِيرًا مِّمَّا تَعْمَلُونَ
یعنی اور کوئی شخص ہمارے خلاف گواہی دینے والا نہیں۔ پس اسی کی وجہ سے چوری چھپے گناہ کرنے پر تم دلیری کرتے تھے۔
Important Words:
تستترون (you fear) is derived from ستر. They say ستر الشیء i.e. he covered the thing. The Arabs say ھو لا یستتر من الله بستر i.e. he does not fear God. الستر means, cover, veil, curtain; shame, protection, fear. They say ماله ستر و لاحجر i.e. he has neither shame nor sense (Aqrab).
Commentary:
Besides the interpretation of the verse given in the text, it may also mean that the limbs of the sinners will say to them that not only did they not hide their evil deeds from them but they actually used them in committing sinful acts.
1
یعنی اور کوئی شخص ہمارے خلاف گواہی دینے والا نہیں۔ پس اسی کی وجہ سے چوری چھپے گناہ کرنے پر تم دلیری کرتے تھے۔
3574
Important Words:
تستترون (you fear) is derived from ستر. They say ستر الشیء i.e. he covered the thing. The Arabs say ھو لا یستتر من الله بستر i.e. he does not fear God. الستر means, cover, veil, curtain; shame, protection, fear. They say ماله ستر و لاحجر i.e. he has neither shame nor sense (Aqrab).
Commentary:
Besides the interpretation of the verse given in the text, it may also mean that the limbs of the sinners will say to them that not only did they not hide their evil deeds from them but they actually used them in committing sinful acts.