Al-Baqarah 2:217–228

The Nakhlah Military Maneuvers, and the Ruling on Fighting during the Sacred Months

Ibn Abu Hatim reported that Jundub bin `Abdullah said: Allah's Messenger ﷺ assembled a group of men under the command of Abu `Ubaydah bin Jarrah. When he was about to march, he started crying for the thought of missing Allah's Messenger ﷺ . Consequently, the Messenger relieved Abu `Ubaydah from command, appointed `Abdullah bin Jahsh instead, gave him some written instructions and commanded him not to read the instructions until he reached such and such area. He also said to `Abdullah:

«لَا تُكْرِهَنَّ أَحَدًا عَلَى السَّيْرِ مَعَكَ مِنْ أَصْحَابِك».

(Do not compel any of your men to continue marching with you thereafter.)

When `Abdullah read the instructions, he recited Istirja` saying, `Truly! to Allah we belong and truly, to Him we shall return'; and refer to (2:156) and said, "I hear and obey Allah and His Messenger." He then told his companions the story and read the instructions to them, and two men went back while the rest remained. Soon after, they found Ibn Hadrami (one of the disbelievers of Quraysh) and killed him not knowing that that day was in Rajab or Jumadi (where Rajab is the Sacred Month). The polytheists said to the Muslims, "You have committed murder in the Sacred Month." Allah then revealed:

يَسَْلُونَكَ عَنِ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ قِتَالٌ فِيهِ كَبِيرٌ

(They ask you concerning fighting in the Sacred Months. Say, "Fighting therein is a great (transgression)...")

Abdul-Malik bin Hisham, who compiled the Sirah (life story of the Prophet ), related that Ziyad bin `Abdullah Bakka'i said that Muhammad bin Ishaq bin Yasar Al-Madani wrote in his book on the Sirah, "Allah's Messenger ﷺ sent `Abdullah bin Jahsh bin Riyab Al-Asadi in Rajab, after he (the Prophet ) came back from the first battle of Badr. The Prophet sent eight people with him, all from among the Muhajirun and none from the Ansar. He also gave him some written instructions and ordered him not to read them until he marched for two days. `Abdullah should then read the instructions and march to implement them, but should not force any of those who were with him to accompany him.

The companions of `Abdullah bin Jahsh were all from the Muhajirun, from the tribe of Banu `Abd Shams bin `Abd Manaf, there was Abu Hudhayfah bin `Utbah bin Rabi`ah bin `Abd Shams bin `Abd Manaf. From their allies, there was `Abdullah bin Jahsh, who was the commander of the army unit, and `Ukkashah bin Mihsan from the tribe of Banu Asad bin Khuzaymah. From the tribe of Banu Nawfal bin `Abd Manaf, there was `Utbah bin Ghazwan bin Jabir, one of their allies. From the tribe of Banu Zuhrah bin Kilab, there was Sa`d bin Abu Waqqas. From Banu Ka`b, there were their allies: `Adi bin `Amr bin Ar-Rabi`ah not from the tribe of Ibn Wa'il; Waqid bin `Abdullah bin `Abd Manaf bin `Arin bin Tha`labah bin Yarbu` from Banu Tamim; and Khalid bin Bukair from the tribe of Banu Sa`d bin Layth, Suhayl bin Bayda' from Banu Al-Harith bin Fihr was also among them. When `Abdullah bin Jahsh marched for two days, he opened and read the (Prophet's) instructions, "When you read these instructions, march until you set camp at Nakhlah between Makkah and At-Ta'if. There, watch the movements of the caravan of Quraysh and collect news about them for us." When `Abdullah bin Jahsh read the document, he said, "I hear and obey." He then said to his companions, "Allah's Messenger ﷺ has commanded me to march forth to Nakhlah to watch the movements of the caravan of Quraysh and to inform him about their news. He has prohibited me from forcing any of you (to go with me). So, those who seek martyrdom, they should march with me. Those who dislike the idea of martyrdom, let them turn back. Surely, I will implement the command of Allah's Messenger ﷺ." He and his companions continued without any of them turning back.

`Abdullah entered the Hijaz area (western Arabia) until he reached an area called Buhran, close to Furu`. There, Sa`d bin Abu Waqqas and `Utbah bin Ghazwan lost the camel that they were riding in turns, and they went back to search for it while `Abdullah bin Jahsh and the rest of his companions continued until they reached Nakhlah. Then, a caravan belonging to the Quraysh passed by carrying raisins, food stuff and some trade items for the Quraysh. `Amr bin Hadrami, whose name was `Abdullah bin `Abbad, was in the caravan, as well as `Uthman bin `Abdullah bin Al-Mughirah and his brother Nawfal bin `Abdullah from the tribe of Makhzum, and Al-Hakam bin Kaysan, a freed slave of Hisham bin Al-Mughirah. When they saw the Companions they were frightened, but when they saw `Ukkashah bin Mihsan their fears subsided, since his head was shaved. They said, "These people seek the `Umrah, so there is no need to fear them."

The Companions conferred among themselves. That day was the last day in the (sacred) month of Rajab. They said to each other, "By Allah! If you let them pass, they will soon enter the Sacred Area and take refuge in it from you. If you kill them, you will kill them during the Sacred Month." They at first hesitated and did not like to attack them. They then began encouraging themselves and decided to kill whomever they could among the disbelievers and to confiscate whatever they had. Hence, Waqid bin `Abdullah At-Tamimi shot an arrow at `Amr bin Al-Hadrami and killed him. `Uthman bin `Abdullah and Al-Hakam bin Kaysan gave themselves up, while Nawfal bin `Abdullah was able to outrun them in flight. Later on, `Abdullah bin Jahsh and his companions went back to Allah's Messenger ﷺ in Al-Madinah with the caravan and the two prisoners. dIbn Ishaq went on: I was told that some members of the family of `Abdullah bin Jahsh said that `Abdullah said to his companions: "Allah's Messenger ﷺ will have one-fifth of what we have confiscated." This occurred before Allah required one-fifth for His Messenger from the war booty. So, `Abdullah designated one-fifth of the caravan for Allah's Messenger ﷺ and divided the rest among his companions. Ibn Ishaq also stated that at first, when the Sariyah came back to Allah's Messenger , he said to them:

«مَا أَمَرْتُكُمْ بِقِتَالٍ فِي الشَّهْرِ الْحَرَام»

(I have not commanded you to conduct warfare during the Sacred Month. )

He left the caravan and the two prisoners alone and did not take any share of the war booty.

When Allah's Messenger ﷺ did that, the soldiers from the attack were concerned and felt that they were destroyed, and their Muslim brethren criticized them for what they did. The Quraysh said that Muhammad ﷺ and his Companions violated the sanctity of the Sacred Month and shed blood, confiscated property and took prisoners during it. Those who refuted them among the Muslims who remained in Makkah replied that the Muslims had done that during the month of Sha`ban (which is not a sacred month). Meanwhile, the Jews were pleased about what happened to Allah's Messenger ﷺ . They said, ` Amr bin Hadrami was killed by Waqid bin `Abdullah: `Amr, means the war has started, Hadrami means the war has come, as for Waqid (bin `Abdullah): the war has raged (using some of the literal meanings of these names to support their fortune-telling!)." But, Allah made all that turn against them.

The people continued talking about this matter, then Allah revealed to His Messenger :

يَسَْلُونَكَ عَنِ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ قِتَالٌ فِيهِ كَبِيرٌ وَصَدٌّ عَن سَبِيلِ اللَّهِ وَكُفْرٌ بِهِ وَالْمَسْجِدِ الْحَرَامِ وَإِخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ عِندَ اللَّهِ وَالْفِتْنَةُ أَكْبَرُ مِنَ الْقَتْلِ

(They ask you concerning fighting in the Sacred Months. Say, "Fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the way of Allah, to disbelieve in Him, to prevent access to Al-Masjid Al-Haram (at Makkah), and to drive out its inhabitants, and Al-Fitnah is worse than killing.)

This Ayah means, `If you had killed during the Sacred Month, they (disbelievers of Quraysh) have hindered you from the path of Allah and disbelieved in it. They also prevented you from entering the Sacred Mosque, and expelled you from it, while you are its people,

أَكْبَرُ عِندَ اللَّهِ

(...a greater (transgression) with Allah) than killing whom you killed among them. Also:

وَالْفِتْنَةُ أَكْبَرُ مِنَ الْقَتْلِ

(...and Al-Fitnah is worse than killing.) means, trying to force the Muslims to revert from their religion and re-embrace Kufr after they had believed, is worse with Allah than killing.' Allah said:

وَلاَ يَزَالُونَ يُقَتِلُونَكُمْ حَتَّى يَرُدُّوكُمْ عَن دِينِكُمْ إِنِ اسْتَطَاعُواْ

(And they will never cease fighting you until they turn you back from your religion (Islamic Monotheism) if they can.)

So, they will go on fighting you with unrelenting viciousness.

Ibn Ishaq went on: When the Qur'an touched this subject and Allah brought relief to the Muslims instead of the sadness that had befallen them, Allah's Messenger ﷺ took possession of the caravan and the two prisoners. The Quraysh offered to ransom the two prisoners, `Uthman bin `Abdullah and Hakam bin Kaysan. Allah's Messenger ﷺ said:

«لَا نَفْدِيكُمُوهُمَا حَتَّى يَقْدَمَ صَاحِبَانَا»

(We will not accept your ransom until our two companions return safely. ) meaning Sa`d bin Abu Waqqas and `Utbah bin Ghazwan, "For we fear for their safety with you. If you kill them, we will kill your people." Later on, Sa`d and `Utbah returned safely and Allah's Messenger ﷺ accepted the Quraysh's ransom for their prisoners. As for Al-Hakam bin Kaysan, he became Muslim and his Islam strengthened. He remained with Allah's Messenger ﷺ until he was martyred during the incident at Bir Ma`unah (when the Prophet sent seventy Companions to Najd to teach them Islam, but Banu Sulaim killed them all except two). As for `Uthman bin `Abdullah, he went back to Makkah and died there as a disbeliever.

Ibn Ishaq went on: When `Abdullah bin Jahsh and his companions were relieved from their depressing thoughts after the Qur'an was revealed about this subject, they sought the reward of the fighters (in Allah's way). They said, "O Messenger of Allah ﷺ! We wish that this incident be considered a battle for us, so that we gain the rewards of the Mujahidin." Then, Allah revealed:

إِنَّ الَّذِينَ ءَامَنُواْ وَالَّذِينَ هَاجَرُواْ وَجَهَدُواْ فِي سَبِيلِ اللَّهِ أُوْلئِكَ يَرْجُونَ رَحْمَةَ اللَّهِ وَاللَّهُ غَفُورٌ رَّحِيمٌ

(Verily, those who have believed, and those who have emigrated (for Allah's religion) and have striven hard in the way of Allah, all these hope for Allah's mercy. And Allah is Oft-Forgiving, Most Merciful.)

Hence, Allah has greatly elevated their hopes of gaining what they had wished for.

The Gradual Prohibition of Khamr (Alchoholic Drink)

Imam Ahmad recorded that Abu Maysarah said that `Umar once said, "O Allah! Give us a clear ruling regarding Al-Khamr!" Allah sent down the Ayah of Surat Al-Baqarah:

يَسَْلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ

(They ask you (O Muhammad ) concerning alcoholic drink and gambling. Say: "In them is a great sin...)

`Umar was then summoned and the Ayah was recited to him. Yet, he still said, "O Allah! Give us a clear ruling regarding Al-Khamr." Then, this Ayah that is in Surat An-Nisa' was revealed:

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْرَبُواْ الصَّلَوةَ وَأَنتُمْ سُكَرَى

(O you who believe! Approach not As-Salah (the prayer) when you are in a drunken state.) (4:43)

Then, when the prayer was called for, a person used to herald on behalf of Allah's Messenger ﷺ , "No drunk person should attend the prayer." `Umar was summoned again and the Ayah was recited to him. Yet, he still said, "O Allah! Give us a clear ruling regarding Al-Khamr." Then, the Ayah that is in Surat Al-Ma'idah was revealed, `Umar was again summoned and the Ayah was recited to him. When he reached:

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain) (5:91) he said, "We did abstain, we did abstain." This is also the narration that Abu Dawud, At-Tirmidhi and An-Nasai collected in their books. `Ali bin Al-Madini and At-Tirmidhi said that the chain of narrators for this Hadith is sound and authentic. We will mention this Hadith again along with what Imam Ahmad collected by Abu Hurayrah Allah's saying in Surat Al-Ma'idah:

إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

(Intoxicants and gambling, and Al-Ansab, and Al-Azlam are an abomination of Satan's handiwork. So avoid (strictly all) that (abomination) in order that you may be successful.) (5:90)

Allah said:

يَسَْلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ

(They ask you (O Muhammad ) concerning alcoholic drinks and gambling.)

As for Al-Khamr, `Umar bin Khattab, the Leader of the faithful, used to say, "It includes all what intoxicates the mind." We will also mention this statement in the explanation of Surat Al-Ma'idah, along with the topic of gambling.

Allah said:

قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ وَمَنَفِعُ لِلنَّاسِ

(Say: In them is a great sin, and (some) benefits for men.)

As for the harm that the Khamr and gambling cause, it effects the religion. As for their benefit, it is material, including benefit for the body, digesting the food, getting rid of the excrements, sharpening the mind, bringing about a joyous sensation and financially benefiting from their sale. Also, (their benefit includes) earnings through gambling that one uses to spend on his family and on himself. Yet, these benefits are outweighed by the clear harm that they cause which affects the mind and the religion. This is why Allah said:

وَإِثْمُهُمَآ أَكْبَرُ مِن نَّفْعِهِمَا

(...but the sin of them is greater than their benefit.)

This Ayah was the beginning of the process of prohibiting Khamr, not explicity, but it only implied this meaning. So when this Ayah was recited to `Umar, he still said, "O Allah! Give us a clear ruling regarding Al-Khamr." Soon after, Allah sent down a clear prohibition of Khamr in Surat Al-Ma'idah:

يَأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ - إِنَّمَا يُرِيدُ الشَّيْطَنُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَآءَ فِى الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَن ذِكْرِ اللَّهِ وَعَنِ الصَّلَوةِ فَهَلْ أَنْتُمْ مُّنتَهُونَ

(O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansab, and Al-Azlam are an abomination of Shaytan's handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytan wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allah and from As-Salah (the prayer). So, will you not then abstain) (5:90, 91)

We will mention this subject, by the will of Allah, when we explain Surat Al-Ma'idah.

Ibn `Umar, Ash-Sha`bi, Mujahid, Qatadah, Ar-Rabi` bin Anas and `Abdur-Rahman bin Aslam stated that the first Ayah revealed about Khamr was:

يَسَْلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ

(They ask you about Khamr and gambling. Say: "In them there is great sin.") (2:219)

Then, the Ayah in Surat An-Nisa' was revealed (on this subject) and then the Ayah in Surat Al-Ma'idah which prohibited Khamr.

Spending whatever One could spare of his Money on Charity

Allah said:

وَيَسَْلُونَكَ مَاذَا يُنفِقُونَ قُلِ الْعَفْوَ

(And they ask you what they ought to spend. Say: "That which is (spare) beyond your needs.")

Al-Hakam said that Miqsam said that Ibn `Abbas said that this Ayah means, whatever you can spare above the needs of your family. This is also the opinion of Ibn `Umar, Mujahid, `Ata', `Ikrimah, Sa`id bin Jubayr, Muhammad bin Ka`b, Al-Hasan, Qatadah, Al-Qasim, Salim, `Ata' Al-Khurasani and Ar-Rabi` bin Anas.

Ibn Jarir related that Abu Hurayrah said that a man said, "O Messenger of Allah ﷺ! I have a Dinar (a currency)." The Prophet said:

«أَنْفِقْهُ عَلى نَفْسِك»

(Spend it you on yourself.) He said, "I have another Dinar." He said:

«أَنْفِقْهُ عَلى أَهْلِك»

(Spend it on your wife.) He said, "I have another Dinar." He said:

«أَنْفِقْهُ عَلى وَلَدِك»

(Spend it on your offspring.) He said, "I have another Dinar." He said:

«فَأَنْتَ أَبْصَر»

(You have better knowledge (meaning how and where to spend it in charity).)

Muslim also recorded this Hadith in his Sahih.

Muslim recorded that Jabir said that Allah's Messenger ﷺ said to a man:

«ابْدَأْ بِنَفْسِكَ فَتَصَدَّقْ عَلَيْهَا، فَإِنْ فَضَلَ شَيْءٌ فَلِأَهْلِكَ، فَإِنْ فَضَلَ شَيْءٌ عَنْ أَهْلِكَ فَلِذِي قَرَابَتِكَ، فَإِنْ فَضَلَ عَنْ ذِي قَرَابَتِكَ شَيْءٌ فَهكَذَا وَهكَذَا»

(Start with yourself and grant it some charity. If anything remains, then spend it on your family. If anything remains, then spend it on your relatives. If anything remains, then spend it like this and like that (i.e., on various charitable purposes).)

A Hadith states:

«ابْنَ آدَمَ إِنَّكَ أَنْ تَبْذُلَ الْفَضْلَ خَيْرٌ لَكَ، وَأَنْ تُمْسِكَهُ شَرٌّ لَكَ، وَلَا تُلَامُ عَلى كَفَاف»

(O son of Adam! If you spend whatever you can spare, it would be better for you; but if you keep it, it would be worse for you. You shall not be blamed for whatever is barely sufficient.)

Allah said:

كَذلِكَ يُبيِّنُ اللَّهُ لَكُمُ الآيَتِ لَعَلَّكُمْ تَتَفَكَّرُونَفِى الدُّنُيَا وَالاٌّخِرَةِ

(Thus Allah makes clear to you His Ayat in order that you may give thought. In (to) this worldly life and in the Hereafter.) meaning, just as He stated and explained these commandments for you, He also explains the rest of His Ayat regarding the commandments and His promises and warnings, so that you might give thought in this life and the Hereafter. `Ali bin Abu Talhah said that Ibn `Abbas commented, "Meaning about the imminent demise and the brevity of this life, and the imminent commencement of the Hereafter and its continuity." a

Maintaining the Orphan's Property

Allah said:

وَيَسَْلُونَكَ عَنِ الْيَتَمَى قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِن تُخَالِطُوهُمْ فَإِخْوَنُكُمْ وَاللَّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ وَلَوْ شَآءَ اللَّهُ لأَعْنَتَكُمْ

(And they ask you concerning orphans. Say: "The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allah knows him who means mischief (e.g., to swallow their property) from him who means good (e.g., to save their property). And if Allah had wished, He could have put you into difficulties.)

Ibn Jarir reported that Ibn `Abbas said, "When the Ayat:

وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِى هِىَ أَحْسَنُ

(And come not near to the orphan's property, except to improve it.) (6:152) and

إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَمَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً

(Verily, those who unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will be burnt in the blazing Fire!) (4:10) were revealed, those who took care of some orphans, separated their food and drink from the orphans' food and drink. When some of the orphans' food and drink remained, they would keep it for them until they eat it or otherwise get spoiled. This situation was difficult for them and they mentioned this subject to Allah's Messenger ﷺ.

وَيَسَْلُونَكَ عَنِ الْيَتَمَى قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِن تُخَالِطُوهُمْ فَإِخْوَنُكُمْ

(And they ask you concerning orphans. Say: "The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers.) Hence, they joined their food and drink with the food and drink of the orphans." This Hadith was also collected by Abu Dawud, An-Nasa'i and Al-Hakim in his Mustadrak. Several others said similarly about the circumstances surrounding the revelation of the Ayah (2:220), including Mujahid, `Ata', Ash-Sha`bi, Ibn Abu Layla, Qatadah and others among the Salaf and those after them.

Ibn Jarir reported that `A'ishah said, "I dislike that an orphan's money be under my care, unless I mix my food with his food and my drink with his drink."

Allah said:

قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ

(Say: The best thing is to work honestly in their property.) meaning, on the one hand (i.e., this is required in any case). Allah then said:

وَإِن تُخَالِطُوهُمْ فَإِخْوَنُكُمْ

(...and if you mix your affairs with theirs, then they are your brothers.) meaning, there is no harm if you mix your food and drink with their food and drink, since they are your brothers in the religion. This is why Allah said afterwards:

وَاللَّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ

(And Allah knows (the one) who means mischief (e.g., to swallow their property) from (the one) who means good (e.g., to save their property). ) meaning, He knows those whose intent is to cause mischief or righteousness. He also said:

وَلَوْ شَآءَ اللَّهُ لأَعْنَتَكُمْ إِنَّ اللَّهَ عَزِيزٌ حَكِيمٌ

(And if Allah had wished, He could have put you into difficulties. Truly, Allah is All-Mighty, All-Wise) meaning, if Allah wills, He will make this matter difficult for you. But, He made it easy for you, and allowed you to mix your affairs with the orphans' affairs in a way that is better. Similarly, Allah said:

وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِى هِىَ أَحْسَنُ

(And come not near to the orphan's property, except to improve it.) (6:152)

Allah has thus allowed spending from the orphan's estate by its executor, in reasonable proportions, on the condition that he has the intention to compensate the orphan later on, when he can afford it. We will mention about it in detail in Surat An-Nisa' by Allah's will.

The Prohibition of marrying Mushrik Men and Women

Allah prohibited the believers from marrying Mushrik women who worship idols. Although the meaning is general and includes every Mushrik woman from among the idol worshippers and the People of the Scripture, Allah excluded the People of the Scripture from this ruling. Allah stated:

مِنَ الَّذِينَ أُوتُواْ الْكِتَبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ

((Lawful to you in marriage) are chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due dowry, desiring chastity (i.e., taking them in legal wedlock) not committing illegal sexual intercourse.) (5:5)

`Ali bin Abu Talhah said that Ibn `Abbas said about what Allah said:

وَلاَ تَنْكِحُواْ الْمُشْرِكَتِ حَتَّى يُؤْمِنَّ

(And do not marry Al-Mushrikat (female idolators) till they believe (worship Allah Alone).) "Allah has excluded the women of the People of the Scripture." This is also the explanation of Mujahid, `Ikrimah, Sa`id bin Jubayr, Makhul, Al-Hasan, Ad-Dahhak, Zayd bin Aslam and Ar-Rabi` bin Anas and others. Some scholars said that the Ayah is exclusively talking about idol worshippers and not the People of the Scripture, and this meaning is similar to the first meaning we mentioned. Allah knows best.

Abu Ja`far bin Jarir (At-Tabari) said, after mentioning that there is Ijma` that marrying women from the People of the Scripture is allowed, "`Umar disliked this practice so that the Muslims do not refrain from marrying Muslim women, or for similar reasons." An authentic chain of narrators stated that Shaqiq said: Once Hudhayfah married a Jewish woman and `Umar wrote to him, "Divorce her." He wrote back, "Do you claim that she is not allowed for me so that I divorce her" He said, "No. But, I fear that you might marry the whores from among them." Ibn Jarir related that Zayd bin Wahb said that `Umar bin Khattab said, "The Muslim man marries the Christian woman, but the Christian man does not marry the Muslim woman." This Hadith has a stronger, authentic chain of narrators than the previous Hadith.

Ibn Abu Hatim said that Ibn `Umar disliked marrying the women from the People of the Scripture. He relied on his own explanation for the Ayah:

وَلاَ تَنْكِحُواْ الْمُشْرِكَتِ حَتَّى يُؤْمِنَّ

(And do not marry Al-Mushrikat (female idolators) till they believe (worship Allah Alone).)

Al-Bukhari also reported that Ibn `Umar said, "I do not know of a bigger Shirk than her saying that Jesus is her Lord!"

Allah said:

وَلأَمَةٌ مُّؤْمِنَةٌ خَيْرٌ مِّن مُّشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ

(And indeed a slave woman who believes is better than a (free) Mushrikah (female idolators), even though she pleases you.)

It is recorded in the Two Sahihs that Abu Hurayrah narrated that the Prophet said:

«تُنْكَحُ الْمَرْأَةُ لِأَرْبَعٍ: لِمَالِهَا وَلِحَسَبِهَا وَلِجَمَالِهَا وَلِدِينِهَا، فَاظْفَرْ بِذَاتِ الدِّينِ، تَرِبَتْ يَدَاك»

(A woman is chosen for marriage for four reasons: her wealth, social status, beauty, and religion. So, marry the religious woman, may your hands be filled with sand (a statement of encouragement).)

Muslim reported this Hadith from Jabir. Muslim also reported that Ibn `Amr said that Allah's Messenger ﷺ said:

«الدُّنْيَا مَتَاعٌ، وَخَيْرُ مَتَاعِ الدُّنْيَا الْمَرْأَةُ الصَّالِحَة»

(The life of this world is but a delight, and the best of the delights of this earthly life is the righteous wife.)

Allah then said:

وَلاَ تُنكِحُواْ الْمُشِرِكِينَ حَتَّى يُؤْمِنُواْ

(And give not (your daughters) in marriage to Al-Mushrikin till they believe (in Allah Alone).) meaning, do not marry Mushrik men to believing women. This statement is similar to Allah's statement:

لاَ هُنَّ حِلٌّ لَّهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ

(They are not lawful (wives) for them, nor are they lawful (husbands) for them.) (60:10)

Next, Allah said:

وَلَعَبْدٌ مُّؤْمِنٌ خَيْرٌ مِّن مُّشْرِكٍ وَلَوْ أَعْجَبَكُمْ

(. ..and verily, a believing servant is better than a (free) Mushrik (idolator), even though he pleases you.)

This Ayah indicates that a believing man, even an Abyssinian servant, is better than a Mushrik man, even if he was a rich master.

أُوْلَئِكَ يَدْعُونَ إِلَى النَّارِ

(Those (Al-Mushrikun) invite you to the Fire) meaning, associating and mingling with the disbelievers makes one love this life and prefer it over the Hereafter, leading to the severest repercussions. Allah said:

وَاللَّهُ يَدْعُواْ إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ

(...but Allah invites (you) to Paradise and forgiveness by His leave) meaning, by His Law, commandments and prohibitions. Allah said:

وَيُبَيِّنُ آيَتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ

(...and makes His Ayat clear to mankind that they may remember.)

Sexual Intercourse with Menstruating Women is prohibited

Imam Ahmad recorded that Anas said that the Jews used to avoid their menstruating women, they would not eat, or even mingle with them in the house. The Companions of the Prophet asked about this matter and Allah revealed:

وَيَسَْلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُواْ النِّسَآءَ فِي الْمَحِيضِ وَلاَ تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ

(They ask you concerning menstruation. Say: "That is an Adha, therefore, keep away from women during menses and go not in unto them till they are purified.)

Allah's Messenger ﷺ said:

«اصْنَعُوا كُلَّ شَيْءٍ إِلَّا النِّكَاح»

(`Do everything you wish, except having sexual intercourse.)

When the Jews were told about the Prophet's statement, they said, "What is the matter with this man He would not hear of any of our practices, but would defy it." Then, Usayd bin Hudayr and `Abbad bin Bishr came and said, "O Messenger of Allah ﷺ! The Jews said this and that, should we have sex with our women (meaning, during the menstruation period)" The face of Allah's Messenger ﷺ changed color, until the Companions thought that he was angry with them. They left. Soon after, some milk was brought to Allah's Messenger ﷺ as a gift, and he sent some of it for them to drink. They knew then that Allah's Messenger ﷺ was not angry with them. Muslim also reported this Hadith. Allah said:

فَاعْتَزِلُواْ النِّسَآءَ فِي الْمَحِيضِ

(. ..therefore, keep away from women during menses.) meaning, avoid the sexual organ. The Prophet said:

«اصْنَعُوا كُلَّ شَيْءٍ إِلَّا النِّكَاح»

(Do anything you wish except having sexual intercourse.)

This is why most of the scholars said that it is allowed to fondle the wife, except for having sexual intercourse (when she is having her menses). Abu Dawud reported that `Ikrimah related to one of the Prophet's wives that she said that whenever the Prophet wanted to fondle (one of his wives) during her menses, he would cover her sexual organ with something.

Abu Ja`far bin Jarir related that Masruq went to `A'ishah and greeted her, and `A'ishah greeted him in return. Masruq said, "I wish to ask you about a matter, but I am shy." She replied, "I am your mother and you are my son." He said, "What can the man enjoy of his wife when she is having her menses" She said, "Everything except her sexual organ." This is also the opinion of Ibn `Abbas, Mujahid, Al-Hasan and `Ikrimah.

One is allowed to sleep next to his wife and to eat with her (when she is having her menses). `A'ishah said, "Allah's Messenger ﷺ used to ask me to wash his hair while I was having the menses. He would lay on my lap and read the Qur'an while I was having the period." It is also reported in the Sahih that `A'ishah said, "While having the menses, I used to eat from a piece of meat and give it to the Prophet who would eat from the same place I ate from. I used to have sips of a drink and would then give the cup to the Prophet who would place his mouth where I placed my mouth."

It is also reported in the Two Sahihs that Maymunah bint Al-Harith Al-Hilaliyah said, "Whenever the Prophet wanted to fondle any of his wives during the periods (menses), he used to ask her to wear an Izar (a sheet covering the lower-half of the body)." These are the wordings collected by Al-Bukhari. Similar was reported from `A'ishah. In addition, Imam Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah reported that `Abdullah bin Sa`d Al-Ansari asked Allah's Messenger ﷺ , "What am I allowed of my wife while she is having her menses" He said, "What is above the Izar (a sheet covering the lower-half of the body)." Hence, Allah's statement: h

وَلاَ تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ

(...and go not in unto them till they are purified.) explains His statement:

فَاعْتَزِلُواْ النِّسَآءَ فِي الْمَحِيضِ

(...therefore, keep away from women during menses.)

Allah prohibited having sexual intercourse with the wife during menstruation, indicating that sexual intercourse is allowed otherwise.

Allah's statement:

فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ

(And when they have purified themselves, then go in unto them as Allah has ordained for you.) indicates that men should have sexual intercourse with their wives after they take a bath. The scholars agree that the woman is obliged to take a bath, or to perform Tayammum with sand, if she is unable to use water, before she is allowed to have sexual intercourse with her husband, after the monthly period ends. Ibn `Abbas said:

حَتَّى يَطْهُرْنَ

"(till they are purified) means from blood, and,

فَإِذَا تَطَهَّرْنَ

(And when they have purified themselves) means with water." This is also the Tafsir of Mujahid, `Ikrimah, Al-Hasan, Muqatil bin Hayyan and Al-Layth bin Sa`d and others.

Anal Sex is prohibited

Allah said:

مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ

(...as Allah has ordained for you.) this refers to Al-Farj (the vagina), as Ibn `Abbas, Mujahid and other scholars have stated. Therefore, anal sex is prohibited, as we will further emphasize afterwards, Allah willing. Abu Razin, `Ikrimah and Ad-Dahhak and others said that:

فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ

(...then go in unto them as Allah has ordained for you.) means when they are pure, and not during the menses. Allah said afterwards:

إِنَّ اللَّهَ يُحِبُّ التَّوَبِينَ

(Truly, Allah loves those who turn unto Him in repentance) from the sin even if it was repeated,

وَيُحِبُّ الْمُتَطَهِّرِينَ

(and loves those who purify themselves.) meaning, those who purify themselves from the impurity and the filth that include having sexual intercourse with the wife during the menses and anal sex.

The Reason behind revealing Allah's Statement: "Your Wives are a Tilth for You.

Allah said:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ

(Your wives are a tilth for you,)

Ibn `Abbas commented, "Meaning the place of pregnancy." Allah then said:

فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(...so go to your tilth, when or how you will,) meaning, wherever you wish from the front or from behind, as long as sex takes place in one valve (the female sexual organ), as the authentic Hadiths have indicated.

For instance, Al-Bukhari recorded that Ibn Al-Munkadir said that he heard Jabir say that the Jews used to claim that if one has sex with his wife from behind (in the vagina) the offspring would become cross-eyed. Then, this Ayah was revealed:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(Your wives are a tilth for you, so go to your tilth, when or how you will,)

Muslim and Abu Dawud also reported this Hadith.

Ibn Abu Hatim said that Muhammad bin Al-Munkadir narrated that Jabir bin `Abdullah told him that the Jews claimed to the Muslims that if one has sex with their wife from behind (in the vagina) their offspring will become cross-eyed. Allah revealed afterwards:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(Your wives are a tilth for you, so go to your tilth, when or how you will,)

Ibn Jurayj (one of the reporters of the Hadith) said that Allah's Messenger ﷺ said:

«مُقْبِلَةً ومُدْبِرَةً إِذَا كَان ذلِكَ فِي الْفَرْج»

(From the front or from behind, as long as that occurs in the Farj (vagina).)

Imam Ahmad recorded that Ibn `Abbas said, "The Ayah,

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ

(Your wives are a tilth for you) was revealed about some people from the Ansar who came to the Prophet and asked him (about having sex with the wife from behind). He said to them:

«ائْتِهَا عَلى كُلِّ حَالٍ إِذَا كَانَ فِي الْفَرْج»

(Have sex with her as you like as long as that occurs in the vagina.)

Imam Ahmad recorded that `Abdullah bin Sabit said: I went to Hafsah bint `Abdur-Rahman bin Abu Bakr and said, "I wish to ask you about something, but I am shy." She said, "Do not be shy, O my nephew." He said, "About having sex from behind with women." She said, "Umm Salamah told me that the Ansar used to refrain from having sex from behind (in the vagina). The Jews claimed that those who have sex with their women from behind would have offspring with crossed-eyes. When the Muhajirun came to Al-Madinah, they married Ansar women and had sex with them from behind. One of these women would not obey her husband and said, `You will not do that until I go to Allah's Messenger ﷺ (and ask him about this matter). ' She went to Umm Salamah and told her the story. Umm Salamah said, `Wait until Allah's Messenger ﷺ comes.' When Allah's Messenger ﷺ came, the Ansari woman was shy to ask him about this matter, so she left. Umm Salamah told Allah's Messenger ﷺ the story and he said:

«ادْعِي الْأَنْصَارِيَّة»

(Summon the Ansari woman.)"

She was summoned and he recited this Ayah to her:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(Your wives are a tilth for you, so go to your tilth, when or how you will.) He added:

«صِمَامًا وَاحِدًا»

(Only in one valve (the vagina).)"

This Hadith was also collected by At-Tirmidhi who said, "Hasan."

An-Nasa'i reported that Ka`b bin `Alqamah said that Abu An-Nadr said that he asked Nafi`, "The people are repeating the statement that you relate from Ibn `Umar that he allowed sex with women in their rear (anus)." He said, "They have said a lie about me. But let me tell you what really happened. Ibn `Umar was once reciting the Qur'an while I was with him and he reached the Ayah:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(Your wives are a tilth for you, so go to your tilth, when or how you will,) He then said, `O Nafi`! Do you know the story behind this Ayah' I said, `No.' He said, `We, the people of Quraysh, used to have sexual intercourse with our wives from the back (in the vagina). When we migrated to Al-Madinah and married some Ansari women, we wanted to do the same with them. They disliked it and made a big issue out of it. The Ansari women had followed the practice of the Jews who have sex with their women while they lay on their sides. Then, Allah revealed:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ

(Your wives are a tilth for you, so go to your tilth, when or how you will,)"

This has an authentic chain of narrators.

Imam Ahmad reported that Khuzaymah bin Thabit Al-Khatami narrated that Allah's Messenger ﷺ said:

«لَا يَسْتَحْيِي اللهُ مِنَ الْحَقِّ ثَلَاثًا لَا تَأْتُوا النِّسَاءَ فِي أَعْجَازِهِن»

(Allah does not shy from the truth - he said it thrice-, do not have anal sex with women.)

This Hadith was collected by An-Nasa'i and Ibn Majah.

Abu `Isa At-Tirmidhi and An-Nasa'i reported that Ibn `Abbas narrated that Allah's Messenger ﷺ said:

«لَا يَنْظُرُ اللهُ إِلى رَجُلٍ أَتَى رَجُلًا أَوِ امْرَأَةً فِي الدُّبُر»

(Allah does not look at a man who had anal sex with another man or a woman.)

At-Tirmidhi said, "Hasan Gharib." This is also the narration that Ibn Hibban collected in his Sahih, while Ibn Hazm stated that this is an authentic Hadith.

In addition, Imam Ahmad reported that `Ali bin Talaq said, "Allah's Messenger ﷺ forbade anal sex with women, for Allah does not shy away from truth." Abu `Isa At-Tirmidhi also reported this Hadith and said, "Hasan".

Abu Muhammad `Abdullah bin `Abdur-Rahman Darimi reported in his Musnad that Sa`id bin Yasar Abu Hubab said: I said to Ibn `Umar, "What do you say about having sex with women in the rear" He said, "What does it mean" I said, "Anal sex." He said, "Does a Muslim do that" This Hadith has an authentic chain of narrators and is an explicit rejection of anal sex from Ibn `Umar.

Abu Bakr bin Ziyad Naysaburi reported that Isma`il bin Ruh said that he asked Malik bin Anas, "What do you say about having sex with women in the anus" He said, "You are not an Arab Does sex occur but in the place of pregnancy Do it only in the Farj (vagina)." I said, "O Abu `Abdullah! They say that you allow that practice." He said, "They utter a lie about me, they lie about me." This is Malik's firm stance on this subject. It is also the view of Sa`id bin Musayyib, Abu Salamah, `Ikrimah, Tawus, `Ata , Sa`id bin Jubayr, `Urwah bin Az-Zubayr, Mujahid bin Jabr, Al-Hasan and other scholars of the Salaf (the Companions and the following two generations after them). They all, along with the majority of the scholars, harshly rebuked the practice of anal sex and many of them called this practice a Kufr.

Allah said:

وَقَدِّمُواْ لاًّنفُسِكُمْ

(. ..and send for your own selves beforehand.) meaning, by performing the acts of worship while refraining from whatever Allah has prohibited for you. This is why Allah said afterwards:

وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّكُم مُّلَقُوهُ

(And fear Allah, and know that you are to meet Him (in the Hereafter),)

meaning, He will hold you accountable for all of your deeds,

وَبَشِّرِ الْمُؤْمِنِينَ

(...and give good tidings to the believers (O Muhammad ).) meaning, those who obey what Allah has commanded and refrain from what He has prohibited. Ibn Jarir reported that `Ata' said, or related it to Ibn `Abbas,

وَقَدِّمُواْ لاًّنفُسِكُمْ

(...and send for your own selves beforehand.) means, mention Allah's Name, by saying, `Bismillah', before having sexual intercourse." Al-Bukhari also reported that Ibn `Abbas narrated that Allah's Messenger ﷺ said:

«لَوْ أَنَّ أَحَدَكُمْ إِذَا أَرَادَ أَنْ يَأْتِيَ أَهْلَهُ قَالَ: بِاسْمِ اللهِ، اللَّهُمَّ جَنِّبْنَا الشَّيْطَانَ وَجَنِّبِ الشَّيْطَانَ مَا رَزَقْتَنَا، فَإنَّهُ إِنْ يُقَدَّرْ بَيْنَهُمَا وَلَدٌ فِي ذلِكَ، لَمْ يَضُرَّهُ الشَّيْطَانُ أَبَدًا»

(If anyone of you on having sexual relations with his wife said: `In the Name of Allah. O Allah! Protect us from Satan and also protect what you bestow upon us (i.e., the coming offspring) from Satan,' and if it is destined that they should have a child then, Satan will never be able to harm him.)

The Prohibition of swearing to abandon a Good Deed

Allah commands, `You should not implement your vows in Allah's Name to refrain from pious acts and severing the relations with the relatives, if you swear to abandon such causes.' Allah said in another Ayah:

وَلاَ يَأْتَلِ أُوْلُواْ الْفَضْلِ مِنكُمْ وَالسَّعَةِ أَن يُؤْتُواْ أُوْلِى الْقُرْبَى وَالْمَسَكِينَ وَالْمُهَجِرِينَ فِى سَبِيلِ اللَّهِ وَلْيَعْفُواْ وَلْيَصْفَحُواْ أَلاَ تُحِبُّونَ أَن يَغْفِرَ اللَّهُ لَكُمْ

(And let not those among you who are blessed with graces and wealth swear not to give (any sort of help) to their kinsmen, Al-Masakin (the poor), and those who left their homes for Allah's cause. Let them pardon and forgive. Do you not love that Allah should forgive you) (24:22)

Continuity in a sinful vow is more sinful than breaking it by expiation. Allah's Messenger ﷺ said:

«وَاللهِ لَأَنْ يَلَجَّ أَحَدُكُمْ بِيَمِينِهِ فِي أَهْلِهِ آثَمُ لَهُ عِنْد اللهِ مِنْ أَنْ يُعْطِيَ كَفَّارَتَهُ الَّتِي افْتَرَضَ اللهُ عَلَيْه»

(By Allah! It is more sinful to Allah that one of you implements his vow regarding (severing the relations with) his relatives than (breaking his promise and) paying the Kaffarah that Allah has required in such cases.)

This is how Muslim reported this Hadith and also Imam Ahmad.

`Ali bin Abu Talhah reported that Ibn `Abbas said that what Allah said:

وَلاَ تَجْعَلُواْ اللَّهَ عُرْضَةً لاًّيْمَنِكُمْ

(And make not Allah's (Name) an excuse in your oaths) means, "Do not vow to refrain from doing good works. (If you make such vow then) break it, pay the Kaffarah and do the good work." This was also said by Masruq, Ash-Sha`bi, Ibrahim An-Nakha`i, Mujahid, Tawus, Sa`id bin Jubayr, `Ata', `Ikrimah, Makhul, Az-Zuhri, Al-Hasan, Qatadah, Muqatil bin Hayyan, Ar-Rabi` bin Anas, Ad-Dahhak, `Ata' Al-Khurasani and As-Suddi.

Suporting this view, which is the majority view, is what is reported in the Two Sahihs that Abu Musa Al-Ash`ari narrated that Allah's Messenger ﷺ said: .

«إِنِّي وَاللهِ إِنْ شَاءَ اللهُ، لَا أَحْلِفُ عَلى يَمِينٍ فَأَرَى غَيْرَهَا خَيْرًا مِنْهَا إِلَّا أَتَيْتُ الَّذِي هُوَ خَيْرٌ وَتَحَلَّلْتُهَا»

(By Allah! Allah willing, I will not vow to do a thing and then see a better act, but I would do what is better and break my vow.) Muslim reported that Abu Hurayrah said that Allah's Messenger ﷺ said:

«مَنْ حَلَفَ عَلى يَمِينٍ فَرَأَى غَيْرَهَا خَيْرًا مِنْهَا فَلْيُكَفِّرْ عَنْ يَمِينِهِ، وَلْيَفْعَلِ الَّذِي هُوَ خَيْر»

(Whoever makes a vow and then finds what is better than his vow (should break his vow,) pay the Kaffarah and perform the better deed.)

The Laghw (Unintentional) Vows

Allah said:

لاَّ يُؤَاخِذُكُمُ اللَّهُ بِالَّلغْوِ فِى أَيْمَنِكُمْ

(Allah will not call you to account for that which is unintentional in your oaths,)

This Ayah means, `Allah does not punish or hold you accountable for the Laghw (unintentional) vows that you make.' The Laghw vows are unintentional and are just like the habitual statements that the tongue repeats, without really intending them. For instance, it is reported in the Two Sahihs that Abu Hurayrah narrated that Allah's Messenger ﷺ said:

«مَنْ حَلَفَ فَقَالَ فِي حَلِفِهِ بِاللَّاتِ وَالْعُزَّى، فَلْيَقُلْ لَا إِلَهَ إِلَّا الله»

(Whoever swore and (unintentionally) mentioned Al-Lat and Al-`Uzza (two idols) in his vow, should then say, `There is no deity worthy of worship except Allah'.)

The Messenger said this statement to some new Muslims whose tongues were, before Islam, used to vowing by their idol Al-Lat. Therefore, the Prophet ordered them to intentionally recite the slogan of Ikhlas, just as they mentioned these words by mistake, so that it (the word of Ikhlas) may eradicate the word (of Shirk). This is why Allah said:

وَلَكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ

(...but He will call you to account for that which your hearts have earned.) and in another Ayah:

بِمَا عَقَّدتُّمُ الاٌّيْمَنَ

(...for your deliberate oaths) (5:89)

Abu Dawud reported under Chapter: `The Laghw Vows' that `Ata' said that `A'ishah said that Allah's Messenger ﷺ said:

«اللَّغْوُ فِي الْيَمِينِ هُوَ كَلَامُ الرَّجُلِ فِي بَيْتِهِ: كَلَّا وَاللهِ، وَبَلَى وَالله»

(The Laghw in the vows includes what the man says in his house, such as, `No, by Allah,' and, `Yes, by Allah'.)

Ibn Abu Hatim reported that Ibn `Abbas said, "The Laghw vow includes vowing while angry."

He also reported that Ibn `Abbas said, "The Laghw vow includes vowing to prohibit what Allah has allowed, and this type does not require a Kaffarah (expiation)." Similar was said by Sa`id bin Jubayr.

In addition, Abu Dawud related under Chapter: `Vowing while Angry' that Sa`id bin Musayyib said that two Ansari brothers both received inheritance and one of them asked that the inheritance be divided. His brother said, "If you ask me about dividing the inheritance again, then all of what I have will be spent on the Ka`bah's door." `Umar said to him, "The Ka`bah does not need your money. So break your vow, pay the Kaffarah and come to terms with your brother. I heard Allah's Messenger ﷺ saying:

«لَا يَمِينَ عَلَيْكَ وَلَا نَذْرَ فِي مَعْصِيَةِ الرَّبِّ عَزَّ وَجَلَّ، وَفِي قَطِيعَةِ الرَّحِمِ، وَفِيمَا لَا تَمْلِك»

(Do not make a vow against yourself, nor to disobey the Lord, cut the relations of the womb or dispose of what you do not own.)"

Allah said:

وَلَكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ

(. ..but He will call you to account for that which your hearts have earned,)

Ibn `Abbas, Mujahid and several others said that this Ayah means swearing about a matter while knowing that he is lying. Mujahid and others said this Ayah is similar to what Allah said:

وَلَكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الاٌّيْمَنَ

(...but He will punish you for your deliberate oaths.) (5:89) Allah said (2:225 above):

وَاللَّهُ غَفُورٌ حَلِيمٌ

(And Allah is Oft-Forgiving, Most-Forbearing.) meaning, He is Oft-Forgiving to His servants and Most Forbearing with them.

The Ila' and its Rulings

Ila' is a type of vow where a man swears not to sleep with his wife for a certain period, whether less or more than four months. If the vow of Ila' was for less than four months, the man has to wait for the vow's period to end and then is allowed to have sexual intercourse with his wife. She has to be patient and she cannot ask her husband, in this case, to end his vow before the end of its term. It is reported in the Two Sahihs that `A'ishah said that Allah's Messenger ﷺ swore he would stay away from with his wives for a month. He then came down after twenty-nine days saying:

«الشَّهْرُ تِسْعٌ وَعِشْرُون»

(The (lunar) month is twenty-nine days.)

Similar was narrated by `Umar bin Al-Khattab and reported in the Two Sahihs. If the period of Ila' is for more than four months, the wife is allowed in this case to ask her husband, upon the end of the four months, to end the Ila' and have sexual relations with her. Otherwise, he should divorce her, by being forced to do so by the authorities if necessary, so that the wife is not harmed. Allah said:

لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ

(Those who take an oath not to have sexual relations with their wives) meaning, swear not to have sexual relations with the wife. This Ayah indicates that the Ila' involves the wife and not a slave-women, as the majority of the scholars have agreed,

تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ

(...must wait for four months,) meaning, the husband waits for four months from the time of the vow and then ends the Ila' (if the vow was for four or more months) and is required to either return to his wife or divorce her. This is why Allah said next:

فَإِن فَآءُوا

(...then if they return,) meaning, to a normal relationship, having sexual intercourse with the wife. This is the Tafsir of Ibn `Abbas, Masruq, Ash-Sha`bi, Sa`id bin Jubayr and Ibn Jarir.

فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(...verily, Allah is Oft-Forgiving, Most Merciful.) with any shortcomings that occurred in the rights of the wife because of the vow of Ila'.

Allah said:

وَإِنْ عَزَمُواْ الطَّلَقَ

(And if they decide upon divorce,) indicating that divorce does not occur by merely passing the four month mark (during the Ila'). Malik reported from Nafi` that `Abdullah bin `Umar said, "If the man swears to Ila' from his wife, then divorce does not occur automatically even after the four months have passed. When he stops at the four months mark, he should either divorce or return." Al-Bukhari also reported this Hadith. Ibn Jarir reported that Suhayl bin Abu Salih said that his father said, "I asked twelve Companions about the man who does Ila' with his wife. They all stated that he does not have to do anything until the four months have passed and then has to either retain or divorce her." Ad-Daraqutni also reported this from Suhayl.

It is also reported from `Umar, `Uthman, `Ali, Abu Ad-Darda', `A'ishah, Ibn `Umar and Ibn `Abbas. This is also the opinion of Sa`id bin Musayyib, `Umar bin `Abdul-`Aziz, Mujahid, Tawus, Muhammad bin Ka`b and Al-Qasim.

The `Iddah (Waiting Period) of the Divorced Woman

This Ayah contains a command from Allah that the divorced woman, whose marriage was consummated and who still has menstruation periods, should wait for three (menstrual) periods (Quru') after the divorce and then remarry if she wishes.

The Meaning of Al-Quru

Ibn Jarir related that `Alqamah said: We were with `Umar bin Al-Khattab when a woman came and said, "My husband divorced me one or two periods ago. He then came back to me while I had prepared my water for taking a bath, took off my clothes and closed my door." `Umar asked `Abdullah bin Mas`ud, "What do you think" He said, "I think that she is still his wife, as long as she is not allowed to resume praying (i.e., until the third period ends before he takes her back)." `Umar said, "This is my opinion too." This is also the opinion of Abu Bakr As-Siddiq, `Umar, `Uthman, `Ali, Abu Ad-Darda', `Ubadah bin As-Samit, Anas bin Malik, Ibn Mas`ud, Mu`adh, Ubayy bin Ka`b, Abu Musa Al-Ash`ari and Ibn `Abbas. Furthermore, this is the opinion of Sa`id bin Musayyib, `Alqamah, Aswad, Ibrahim, Mujahid, `Ata', Tawus, Sa`id bin Jubayr, `Ikrimah, Muhammad bin Sirin, Al-Hasan, Qatadah, Ash-Sha`bi, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi, Makhul, Ad-Dahhak and `Ata' Al-Khurasani. They all stated that the Quru' is the menstruation period. What testifies to this is the Hadith that Abu Dawud and An-Nasa'i reported that Fatimah bint Abu Hubaiysh said that Allah's Messenger ﷺ said to her:

«دَعِي الصَّلاَةَ أَيَّامَ أَقْرَائِك»

(Do not pray during your Aqra' (pl. for Quru', the menstruation period).)

If this Hadith was authentic, it would have been a clear proof that the Quru' is the menstruation period. However, one of the narrators of this Hadith, Al-Mundhir, is an unknown person (in Hadith terminology), as Abu Hatim has stated, although Ibn Hibban has mentioned Al-Mundhir in his book Ath-Thiqat.

A Woman's Statement about Menses and Purity is to be accepted

Allah said:

وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ

(...and it is not lawful for them to conceal what Allah has created in their wombs,) meaning, of pregnancy or menstruation periods. This is the Tafsir of Ibn `Abbas, Ibn `Umar, Mujahid, Ash-Sha`bi, Al-Hakam bin `Utaybah, Ar-Rabi` bin Anas, Ad-Dahhak and others.

Allah then said:

إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ

(...if they believe in Allah and the Last Day.)

This Ayah warns women against hiding the truth (if they were pregnant or on their menses), indicating that they are the authority in such matters as they alone know such facts about themselves. Since verifying such matters is difficult, Allah left this decision with them. Yet, women were warned not to hide the truth in case they wish to end the `Iddah sooner, or later, according to their desires. Women were thus commanded to say the truth (if they were pregnant or on their menses), no more and no less.

The Husband has the Right to take back his Divorced Wife during the `Iddah (Waiting Period)

Allah said:

وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلَحاً

(And their husbands have the better right to take them back in that period, if they wish for reconciliation.)

Hence, the husband who divorces his wife can take her back, providing she is still in her `Iddah (time spent before a divorced woman or a widow can remarry) and that his aim, by taking her back, is righteous and for the purpose of bringing things back to normal. However, this ruling applies where the husband is eligible to take his divorced wife back. We should mention that (when this Ayah 2:228 was revealed), the ruling that made the divorce thrice and specified when the husband is ineligible to take his divorced wife back, had not been revealed yet. Previously, the man used to divorce his wife and then take her back even if he had divorced her a hundred separate times. Thereafter, Allah revealed the following Ayah (2:229) that made the divorce only thrice. So there was now a reversible divorce and an irreversible final divorce.

The Rights the Spouses have over Each Other

Allah said:

وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ

(And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable,)

This Ayah indicates that the wife has certain rights on her husband, just as he has certain rights on her, and each is obliged to give the other spouse his due rights. Muslim reported that Jabir said that Allah's Messenger ﷺ said:

«فَاتَّقُوا اللهَ فِي النِّسَاءِ، فَإِنَّكُمْ أَخَذْتُمُوهُنَّ بِأَمَانَةِ اللهِ، وَاسْتَحْلَلْتُمْ فُرُوجَهُنَّ بِكَلِمَةِ اللهِ، وَلَكُمْ عَلَيْهِنَّ أَنْ لَا يُوطِئْنَ فُرُشَكُمْ أَحَدًا تَكْرَهُونَهُ، فَإِنْ فَعَلْنَ ذَلِكَ فَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِّحٍ، وَلَهُنَّ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوف»

(Fear Allah regarding your women, for you have taken them by Allah's covenant and were allowed to enjoy with them sexually by Allah's Words. You have the right on them that they do not allow anyone you dislike to sit on your mat. If they do that, then discipline them leniently. They have the right to be spent on and to be bought clothes in what is reasonable.)

Bahz bin Hakim said that Mu`awiyah bin Haydah Al-Qushayri related that his grandfather said, "O Messenger of Allah ﷺ! What is the right the wife of one of us has" The Prophet said:

«أَنْ تُطْعِمَهَا إِذَا طَعِمْتَ، وتَكْسُوَهَا إِذَا اكْتَسَيْتَ، وَلَا تَضْرِبِ الْوَجْهَ، وَلَا تُقَبِّحْ، وَلَا تَهْجُرْ إِلَّا فِي الْبَيْت»

(To feed her when you eat, buy her clothes when you buy for yourself and to refrain from striking her on the face, cursing her or staying away from her except in the house.)

Waki` related that Ibn `Abbas said, "I like to take care of my appearance for my wife just as I like for her to take care of her appearance for me. This is because Allah says:

وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ

(And they (women) have rights similar (to those of their husbands) over them to what is reasonable.)" This statement is reported by Ibn Jarir and Ibn Abu Hatim.

The Virtue Men have over Women

Allah said:

وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ

(but men have a degree (of responsibility) over them.)

This Ayah indicates that men are in a more advantageous position than women physically as well as in their mannerism, status, obedience (of women to them), spending, taking care of the affairs and in general, in this life and in the Hereafter. Allah said (in another Ayah):

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَآءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَآ أَنفَقُواْ مِنْ أَمْوَلِهِمْ

(Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means.) (4:34)

Allah's statement:

وَاللَّهُ عَزِيزٌ حَكُيمٌ

(And Allah is All-Mighty, All-Wise) means, He is Mighty in His punishment of those who disobey and defy His commands. He is Wise in what He commands, destines and legislates.