Topic: Fidyah

48:26.

Commentary:

From this verse begin commandments relating to حج or the Pilgrimage. The Pilgrimage is performed in the following manner: The would-be pilgrim enters into a state of احرام (Ihram) on reaching the میقات i.e. certain prescribed places slightly varying in distance in different directions, but in all cases outside حرم (the Sacred Territory). In the state of احرامthe pilgrim is forbidden sexual intercourse, the use of scent or perfumed oil, the wearing of sewn garments, hunting and the like. The male pilgrim discards ordinary clothes, putting on white unsewn sheets and keeping the head uncovered. The female pilgrim may put on ordinary but simple clothes and should ordinarily keep her face uncovered. The pilgrim (male or female) is required to repeat the following words as often as possible: Labbaik, Allahumma labbaik, Labbaik. La sharika laka labbaik. Innal-hamda wanni‘mata laka wal mulka la sharika laka…” i.e. "My Lord! I am at Thy service. There is no equal or partner with Thee. So I am at Thy service alone. All praise belongs to Thee and all blessings are from Thee and all authority rests in Thee. I say again, there is no equal or partner with Thee. So I am at Thy service alone."

At Mecca the first thing the pilgrim does, preferably after having a bath, is to perform seven circuits round the Ka’bah then he briskly walks or runs between the Safa and the Marwah (see 2:159) seven times. On the eighth day of Dhul-Hijjah (the month of Pilgrimage) he goes in the morning from Mecca to Mina, which is about three miles from Mecca, where he halts to perform, at their appointed time, the five daily Prayers, beginning from the midday Prayer. Next morning (i.e. the 9th) he starts from Mina and passing through, or by, Mash‘arul-Haram, which is about six miles from Mecca, he goes on to the great plain at ‘Arafat, three miles further ahead, where, before he actually enters ‘Arafat, he says the midday and the afternoon Prayers together; and when all the pilgrims have entered ‘Arafat, the Imam delivers a sermon, while the pilgrims do nothing but silently pray and stand still. Thereafter the pilgrim returns after sunset to Muzdalifah or Mash‘ar where he says the evening and the night Prayers together and spends most of his time in prayer and meditation. Next day (i.e. the 10th) after offering his morning Prayer at Mash‘arul-Haram he starts back early for Mina, where he casts pebbles (seven in number) at the three appointed pillars beginning with the Jamratul-‘Aqabah, repeating this each day that he stays at Mina. The same day, i.e. the 10th, the pilgrim offers his sacrifice (goat, sheep, ram, cow, camel, etc.), gets his head shaved, takes a bath and puts on his ordinary clothes. Thereafter he proceeds to Mecca and again performs the circuit of the Ka‘bah seven times and then returns to Mina if he should so desire. The stay at Mina may last from part of a day to three or four days known as ایام معدودات (i.e. the numbered days) with which the Hajj is completed. All this time the pilgrim should repeat, as many times as possible, the above mentioned prayer.

عمرة or the Lesser Pilgrimage consists in entering into a state of احرام (Ihram) in the way described above, circuiting the Ka‘bah seven times, running between the Safa and the Marwah and offering a sacrifice which, however, is not obligatory. ‘Umrah may be performed at any time of the year, whereas the Hajj or the Greater Pilgrimage is performed only during the month of Dhul-Hijjah. For the literal meanings of the words Hajj and ‘Umrah see note on 2:159.

The words, If you are kept back, refer to a state of affairs when a would-be pilgrim is prevented by disease, or a state of war, or some other cause, from visiting the Ka‘bah to perform the Hajj or the ‘Umrah. In this case the pilgrim may refrain from proceeding further and should sacrifice whatever offering is easily available, i.e. a goat, a sheep, a cow, or a camel, etc. But he should not shave his head until the offering reaches its destination, the idea being to remain in the state of Ihram until the offering reaches Mina which is the place meant for it. If, however, the offering cannot be sent to Mecca, it may be sacrificed by the pilgrim at the place where he is detained and the meat either consumed by the pilgrim himself or distributed among friends, relatives, neighbours, etc. It will be noted that the offering of a sacrifice is obligatory only when a would-be pilgrim is prevented from completing his Hajj or ‘Umrah. In ordinary circumstances when a person performs a Hajj or an ‘Umrah separately, it is only supererogatory, becoming obligatory only when the Hajj and the ‘Umrah are combined.

The clause, should make an expiation either by fasting or almsgiving or a sacrifice, relates to such people as cannot shave their heads owing to some ailment. The alternatives mentioned are meant to suit different grades of people. Fasting is meant for the poor; feeding the needy for the pilgrims of the middle class; and the offering of a sacrifice for the rich. The Quran does not fix the number of days for which one is to fast, or the number of the poor whom one is to feed or the kind of animal which one is to sacrifice. The Holy Prophet is reported to have once prescribed fasting for three days (i.e. three one-day fasts), and the feeding of six poor men and the offering of a goat as a sacrifice (Bukhari).

The words, when you are safe, mean, when the war is over, or when other obstacles are removed. In such case it is open to a person to proceed to Mecca with the intention of performing ‘Umrah and then stay on to perform Hajj in the ensuing month of Dhul-Hijjah. This is what is referred to in the words: who would avail himself of ‘Umrah together with the Hajj.

‘Umrah and Hajj may be combined in two ways: One way is for the would-be pilgrim to make up his mind to perform the ‘Umrah only and enter into the state of Ihram with that intention, and then perform its rites and finish it. After that on the eighth day of Dhul-Hijjah one should again enter into the state of Ihram and then perform the prescribed rites of Hajj. This form of combining the ‘Umrah and the Hajj is technically called Tamattu‘ which literally means, "availing oneself of a thing".

The second way is that a man should make up his mind to perform the ‘Umrah and Hajj simultaneously. He should, in this case, enter into the state of Ihram with that intention and should remain in that state till the end of the Pilgrimage. This combination of Hajj and ‘Umrah is called قران (Qiran) which literally means, "the putting together of two things". In both Tamattu‘ and Qiran it is obligatory to offer the sacrifice, while in the case of Hajj alone or in the case of ‘Umrah alone, the offering of the sacrifice is not obligatory. In the verse under comment the word تمتع is not used in the technical sense and covers قران also.

The fasting mentioned in the clause, should fast three days during the Pilgrimage, is distinct and separate from the fasting mentioned above. The first-mentioned fasting was meant for those who cannot shave their heads, while this fasting is meant for those who are unable to offer a sacrifice in case of Tamattu‘. The three days spoken of are preferably the 11th, 12th and 13th of Dhul-Hijjah. The remaining seven fasts may be observed after one has returned home.

The clause, this is for him whose family does not reside near the Sacred Mosque, means that the permission to combine Hajj with ‘Umrah is meant not for the residents of Mecca but for those who come from outside. By some, however, the words "the Sacred Mosque" have been extended to include the whole of حرم i.e. the Sacred Territory in and around Mecca.

The final clause, fear Allah and know that Allah is severe in punishing, has a twofold meaning: (1) That Muslims should not think that these are mere minor details of certain outward rites and may therefore not be strictly observed; for all these things which the All-Knowing God has prescribed for the Faithful are necessary in His sight and are meant for their own good. So, whoever neglects these details not only incurs the displeasure of God, but also hinders his own spiritual progress. (2) That the performance of Hajj should not fill the heart with pride (which unfortunately is very often the case nowadays), for this would defeat the very object of Pilgrimage which is the attainment of تقوی or fear of God. In such case, the so-called pilgrim will not find himself nearer God but rather would see His punishment descending on him.

In connection with this verse, it should also be noted that besides giving a general meaning as stated above, it also refers to a specific incident in Islamic history, i.e. the Truce of Hudaibiyyah. The verse was revealed before that truce and hinted that a time was coming when Muslims would start towards Mecca with the intention of performing Pilgrimage, but they would be "kept back" from doing so by disbelievers. Later, however, God would grant them victory over the disbelievers and they would be "safe" to perform the Pilgrimage in peace. What a true picture of the apparent set-back at Hudaibiyyah and the subsequent Fall of Mecca at the hands of the Holy Prophet!

58:5.

Commentary:

As the preceding verses contained injunctions which if misconstrued or misapplied, were likely to lead to a Muslim being killed by a Muslim, the present verse gives a timely warning against such an eventuality.

The words, It does not become a believer to kill a believer, have been used to make a touching appeal to believers to abstain from killing each other, since they are like brothers. It, in no case, behoves a brother to kill a brother. The words thus contain an important injunction which forms a fitting sequence to the one contained in the preceding verses concerning the hypocrites. The verse cautions a Muslim to be always on his guard lest in carelessness he should happen to kill a brother Muslim.

In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam which can in no case be allowed.

In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for Muslims.

It is worthy of note here that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in favour of the former. In case a Muslim is slain, the command relating to the payment of fine has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed, the injunction to pay the fine to his heirs being put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of fine was an obligation which Muslims owed to disbelievers with whom they had made a pact, and in order to bring home to Muslims the lesson that they should have particular regard for their pacts and treaties, the injunction to pay the fine has in their case been placed before the injunction to free a slave.

2:226.

Commentary:

The verb عقد (‘aqqada) is the intensive form of عقد (‘aqada) for which see 5:2. It conveys the idea of greater deliberation and solemnity. Hence the expression بما عقدتم الایمان (oaths which you take in earnest) would really mean, oaths which you swear solemnly and deliberately.

The use of the word اوسط (average) means both 'middle', (i.e. average) and 'best' (see 2:144) and is thus meant to imply that an oath may be regarded as expiated if ten poor men are fed with food the expiator ordinarily provides for his family, but that it is better to feed them with the best food with which he feeds his own family.

The pronoun ھم (their) in کسوتھم (their clothing) may refer either to families or to poor persons. In the former case, the sentence would read, "the clothing (of ten poor men) with the average (or the best) kind of clothing which you provide for your families". In the latter case, it would simply mean, "the clothing of ten poor men".

The verse should not be taken as describing three different ways by which a person can expiate a broken oath. The different ways are intended to represent three progressive stages of expiation, the third alternative being better than the second, and the second better than the first.

The injunction to expiate oaths does not mean that they may be broken with impunity and then expiated. The prescription of penalties is merely meant to meet a possible eventuality. But oaths contrary to Islamic Law are no oaths. They must be broken. Then there are oaths that pertain to the rights of individuals. These cannot be expiated even by adopting any of the above-mentioned three courses. If, for instance, a man promises on oath to give to a person certain sum of money, and then breaks his oath, and makes the prescribed expiation, the expiation will not absolve him from his obligation to make the promised payment. He must pay the man the promised sum, notwithstanding the expiation. The expiation will only atone for the sin he committed against God by breaking his oath.

5:2, 97.

Important Words:

انتقام (retribution) is derived from نقم. They say نقم الیه i.e. he exacted vengeance upon him; he punished him. انتقمت منهmeans, I took vengeance on him; I inflicted penal retribution on him or I punished him. انتقام thus means, vengeance, punishment or penal retribution (Lane & Aqrab). See also 3:5 and 5:60.

Commentary:

If a man kills game, when he is in the state of احرام (pilgrimage), he should give as compensation a like animal to be taken to Mecca for sacrifice. For instance, if the game killed by him is a deer, he should offer a goat. If the like of the game killed cannot be found, then an animal costing approximately as much as the game killed should be offered, or failing that, the pilgrim should spend the estimated price of the game in feeding the poor, which is two مد per head according to some theologians and one صاع according to others, a مد being roughly two handfuls of corn while a صاع is four times as much as a مد. If, however, the pilgrim is unable to do even that, he should fast for as many days as the number of the poor he could feed with the estimated price of the game killed. The fasting and the feeding of the poor, as the case may be, should preferably be done at Mecca.

Commentary:

The drastic punishment mentioned in these verses indicates the extreme seriousness of the crime of calling one’s wife "mother." The relationship with "mother" is too sacred to be trifled with. The expression لتؤمنوا باللّٰه و رسوله means, you may learn to obey the commandments of Allah and his Messenger.