At-Tawbah 9:103–108

The imperative: خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً : "Take out of their wealth a Sadaqah (obligatory alms) " in the second verse (103) has its background. Some people, as mentioned a little earlier, had stayed back from the battle of Tabuk without a valid excuse. Then, out of remorse, they had tied themselves to the pillars of the Mosque. Then came the acceptance of their repentance as revealed in the previous verse (102) and. they were released from their self-imprisonment. When this happened, they presented their entire wealth as a token of their gratitude so that it could be given out as Sadaqah. The Holy Prophet ﷺ refused to accept it by saying that he did not have the authority to take it. There-upon, this verse (103): خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً. (Take out of their wealth a Sadaqah) was revealed and he accepted to take one third of it as Sadaqah. He did not take the entire wealth, rather, took a part of it - as indicated in the verse. The preposition, مِن (min: out of) proves it.

Collection and disbursement of Zakah is the responsibility of an Islamic State

Though, according to the background of the revelation, the collection of Sadaqah was to be made from a particular group of people but, the words being general, they have universal application.

This is the view preferred in Tafsir al-Qurtubi, Ahkam al-Qur'an by al-Jassas, Tafsir Mazhari and others. Al-Qurtubi and Al-Jassas has gone on to further explain it. According to them, even if the same particular event is taken to be the cause of the revelation in this verse, still then, in terms of the Qur'anic principle, this injunction shall re-main general - and shall remain binding on Muslims right through the day of Qiyamah. The reason is that most of the injunctions of the Holy Qur'an were revealed in the background of one or the other particular event, but nobody has ever held that their application remains restricted to that particular event. In fact, unless there is a certain proof of its particularization, that injunction is invariably regarded as universally applicable to all Muslims.

On the basis of the same principle, the entire Muslim ummah agrees that, though the address in this verse is to the Holy Prophet ﷺ ، yet this injunction is neither restricted to him, nor to his period of time. Instead of that, every such person who will succeed the Holy Prophet ﷺ as the Amir of Muslims shall be the addressee of this injunction, and the assignee to carry it out. It will be one of his duties that he administers the collection of Zakah and Sadaqat paid by Muslims and ensures that these are disbursed on authorized heads.

Even in the event of Jihad declared against those who refused to pay Zakah during the initial stage of the Caliphate of Sayyidna Abu Bakr there were some non-payers of Zakah who had openly rebelled against Islam and had turned apostates. Then, there were some others who called themselves Muslims and did not refuse that Zakah was a religious obligation, but the excuse they made for not paying Zakah was that the authority given to the Holy Prophet 4 to collect Zakah from them was valid during the life of the Holy Prophet ﷺ only, and they kept paying Zakah that time. Now, after he has passed away, they questioned, what right did Abu Bakr have to demand Zakah and Sadaqat from them? In the beginning, Sayyidna ` Umar ؓ hesitated about waging Jihad against them for the reason that they were after all Muslims who wanted to avoid paying Zakah under the cover of a verse of the Qur'an - therefore, they should not be treated in the manner usual apostates are treated. But, Sayyidna Abu Bakr ؓ had reached an irrevocable decision. He said, ` we shall wage Jihad against anyone who will differentiate between Salah and Zakah.'

This gave a clear hint. Today people say that the injunction of Zakah is particular to the Holy Prophet ﷺ and that it stands dropped after his demise. Tomorrow they may say that Salah too was particular to the Holy Prophet ﷺ - because, a verse of the Qur'an reads: أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ (Establish prayer at the decline of the sun - 17:78) where the Holy Prophets is the addressee. But, the injunction of the verse of prayer is universal. It applies to the entire Muslim ummah. So, this verse cannot save those who wrongly interpret it as being particular to the Holy Prophet ﷺ from becoming kafirs. Similarly, this interpretation in the verse: خُذْ مِنْ أَمْوَالِهِمْ (Take out of their wealth a Sadaqah) will not save them from kufr and apostasy. Thereupon, Sayyidna 'Umar خُذْ مِنْ أَمْوَالِهِمْ was also satisfied and it was with the consensus of the Sahabah that Jihad was launched against them.

Zakah is ` Ibadah, not a government tax

In the statement: خُذْ مِنْ أَمْوَالِهِمْ (Take out of their wealth) appearing soon after: صَدَقَةً تُطَهِّرُ‌هُمْ وَتُزَكِّيهِم بِهَا (a Sadaqah [ obligatory alms ] through which you may cleanse and purify them) in verse 103 of the Holy Qur'an, there is a clear hint that Zakah and Sadaqat are not like taxes that governments collect to run the system. The truth of the matter is that their purpose is to cleanse the men of wealth themselves from sins.

At this point, it should be noted that the collection of Zakah and Sadaqat yields two benefits. The first benefit is received by the owner of the wealth himself through which he comes out clean from sins and from the germs of moral diseases that are generated by the greed for wealth. As for the other benefit, it provides support for the weaker components of the society, people who are incapable of finding what they need to eke out an existence. Orphaned children, widows, crippled and handicapped men and women, common people who are poor and needy are obvious examples.

But, at this place, the Holy Qur'an has told us about the first benefit only. Thus, by confining itself in that manner, it has also given the indication that the first benefit is what happens to be the real objective of Zakah and Sadaqat. The second benefit comes as a corollary. Therefore, in the event there is no orphan, widow, or a poor or needy person present at any place or time, still then, the injunction of Zakah as applicable to the wealthy will not stand dropped.

What has been stated here has its support in the practice of past communities. When some part of wealth or property was set aside for Allah, its use became impermissible for everyone. Rather, according to the custom, this offering was put at some detached place where came a lightning from the heavens and burnt it up. This was a sign that Allah Ta` ala has accepted the Sadaqah. When this heavenly fire did not come, it was supposed to be a sign of the Sadaqah remaining unacceptable. Nobody would then touch this ill-omened property.

This makes it clear that the legal enforcement of Zakah and Sadaqat is not exclusively designed to alleviate the suffering of needy people. In fact, it is a financial obligation and an act of ` Ibadah - very similar to praying and fasting that are acts of physical ` Ibadah. This is one of the distinctions of the blessed community of Muslims that their poor and needy have been allowed to use wealth set aside in the way of Allah. A Sahih Hadith from Muslim reports its confirmation from the Holy Prophet ؓ

A question and its answer

A question arises here - when the repentance of these gentlemen was accepted following the event mentioned above, it stands established that sins were forgiven and purification was accomplished through the very act of repentance. What then, would be the sense of declaring that a portion from their wealth was being taken to purify them?

The answer is that the sin has, no doubt, been forgiven by virtue of the repentance, but it is quite possible that it may have left behind some residual effects following the forgiveness of sin which could be-come the cause of falling into sin. Sadaqah removes such residual effects and makes purification perfect.

The word: صلوۃ (salah) used in the expression: وَصَلِّ عَلَيْهِمْ (and pray for them - 103) means praying for Allah's mercy. This corresponds to what has been reported from the Holy Prophet ﷺ۔ that he prayed for some people by using this very word: salah, for example: اَللَّھُمَّ صَلِّ عَلٰی اٰلِ اَبِی اَوفٰی (0 Allah, bless the family of Abu Awfa) as is reported in a Hadith. But, later on the use of the word: salah became special to prophets, may peace be upon them. Therefore, Muslim jurists say that now, one should not pray for anyone using the word: salah. Instead, the use of this word should be limited to prophets to avoid any ambiguousness or doubt1. (Bayan a1-Qur'an etc.)

1. However, it is permissible to use this word for others in conjunction with a prophet. It is therefore allowed to say, اللَّھُمَّ صَلِّ عَلی مُحَمَّد وَّ عَلٰی آلہِ وَ اَصحابِہِ (Muhammad Taqi Usmani)

Here we see that the Holy Prophet ﷺ has been asked to pray for those who give Sadaqah. On this basis, some Muslim jurists rule that it is wajib (obligatory, necessary) for the Muslim head of the state (Imam, 'Amir) to pray for those who give Sadaqah. However, there are others who take this command to be of a recommendatory nature (mustahabb: recommended). (Qurtubi)

Let us now turn to the statement: وَآخَرُ‌ونَ مُرْ‌جَوْنَ لِأَمْرِ‌ اللَّهِ (And there are others whose matter is deferred till the command of Allah - 106). We already know that seven of the ten believers, who had missed the battle of Tabuk without a valid excuse, had demonstrated their heartfelt remorse by tying themselves up to the pillars of the Prophet's Mosque. The injunction which covers them appeared in the first verse (102): آخَرُ‌ونَ اعْتَرَ‌فُوا (And there are others who admitted their sins). Verse 106 is now referring to the other three gentlemen who had not done what the group of seven had done in the Masjid. Thus, they had not admitted their misconduct openly. In their case, the Holy Prophet ﷺ ordered his Companions ؓ to see that Muslims boycott them by not talking to them. When things reached those limits, they learnt their lesson, confessed to their misconduct and repented sincerely, following which orders were given for their pardon. (Sahib a1-Bukhari and Muslim)

Commentary

Anti-Islam activities of hypocrites have been described in several previous verses. The present verses mention yet another conspiracy hatched by them. It has been reported that there was a man in Madinah. His name was Abu ` Amir. He had become a Christian during the days of Jahiliyyah and was known as Abu ` Amir the Rahib (that is, a monk). This is the same Abu ` Amir whose son Hanzalah ؓ is a well-known Sahabi whose dead body was washed by angels and which gave him the sobriquet of ` the one who was bathed by angels.' But, the father stuck by his error and remained a Christian.

When the Holy Prophet ﷺ came to Madinah, Abu ` Amir the Rahib visited him and criticized Islam. Even the answers given by the Holy Prophet ﷺ did not satisfy this unfortunate man. In fact, he said, ` may the liar between the two of us be cursed and die in travel far away from friends and relatives.' He also said, ` I shall be there to help any aggressor against you.' And so he did. He fought on the side of the enemies of Muslims in all battles right through the battle of Hunain. When the big and strong tribe of Hawazin too was defeated, he lost hope. He ran away to Syria, the stronghold of Christians where he died far away from his friends and relatives. The prayer he had made was before him. When disgrace is destined for someone, this is how he acts. His own prayer brought that disgrace upon him.

But, as long as he lived, he remained busy hatching conspiracies against Islam and Muslims. He virtually tried to induce the Byzantine ruler to attack Madinah and expel Muslims from there.

One aspect of this conspiracy materialized when he wrote a letter to the hypocrites of Madinah with whom he had a sinister understanding. He told them that he was working on the Byzantine ruler to attack Madinah. But, it was necessary to have group strength to lend lo-cal support to the invader. For this purpose, he suggested that they should make a building right there in Madinah giving people the im-pression that they were building a mosque so that Muslims do not get to be suspicious. After that, they should get their men together in this place and collect as much of weapons and supplies as they could. He wanted this to become an undercover center where his accomplices would be conducting their activities against Muslims by mutual consultation.

It was on his suggestion that twelve hypocrites got together in Quba', a locality of Madinah where the Holy Prophet ﷺ had first stayed during his hijrah and where he had built a masjid. They chose the same place to lay the foundation of another ` masjid.' Ibn Ishaq and others have also reported the names of these hypocrites. Then, to keep Muslims under deception, the hypocrites made a plan that they would have the Holy Prophet ﷺ lead a Salah in congregation at their socalled masjid so that all Muslims are convinced that this new place was also a masjid very much like the one built there earlier.

A delegation from them came to the Holy Prophet ﷺ . They pleaded that the existing Masjid of Quba' was far away. It was difficult for old and sick people to reach there. Moreover, they argued, the Masjid of Quba' itself was not spacious enough to accommodate all residents of the locality. Therefore, they claimed, they had founded another masjid for that purpose so that older Muslims may benefit by it. Finally, (releasing their punch line) they said, ` please lead a Salah in this ` masjid' so that it stands blessed!'

That was a time when the Holy Prophet ﷺ was getting ready for the battle of Tabuk. He told them that he would be unable to do that as he was about to leave the city but he promised that he would pray there when he returned.

However, on his return from the battle of Tabuk, when he camped at a place close to Madinah, the verses cited above were revealed to him which had exposed the conspiracy of these hypocrites. After the revelation of these verses, the Holy Prophet ﷺ ordered some of his Companions, ` Amir ibn Sakan, Wahshi, the killer of Hamzah and others, to go, demolish and burn the structure (of the ill-intentioned ` masjid' ). So these gentlemen took off, carried out the orders and the structure was leveled flat on the ground. (This event has been abridged from narratives reported in Tafsir al-Qurtubi and Mazhari.)

Quoting Muhammad ibn Yusuf Salihi, Tafsir Mazhari also reports that the site of Masjid Dirar ضِرَار was still lying vacant at the time the Holy Prophet ﷺ had reached and settled in Madinah. When he allowed ` Asim ibn ` Adiyy to build his house on that site, he submitted, ` ya rasulallah, I do not like to build a house on a cursed site about which these verses of the Qur'an have been revealed. Nevertheless, Thabit ibn Aqram is really in need of a house for he has none. Please allow him to make a house here.' So, going along with his suggestion, he gave this plot of land to Thabit ibn Aqram. But, as fate would have it, since the time Sayyidna Thabit ؓ ، came to live in the house he made there, he either had no child or if he did, the child did not live.

Historians have added that this place was cursed not only for human beings but also for domestic birds and animals that could not survive with their normal way of living. Thus, after that time, this place lies desolate at some distance from the well-known Masjid Quba'.

After having gone through the details of the event, let us now turn to the text of the cited verses. It was said in the first verse (107): وَالَّذِينَ اتَّخَذُوا مَسْجِدًا (And [ there are ] those who have built a mosque) to bring harm upon Muslims.

This verse points out to three motives behind the making of this ` masjid':

1. The first one is: ضِرَ‌ارً‌ا (diraran: to cause harm to Muslims). The words dirar' ضِرَ‌ار and ` ضرر :darar' are both used in the Arabic language to carry the sense of causing harm. As for difference between the two, it has been said that ` darar' is a harm that brings gain for the person harming but causes loss for the harmed. And dirar' ضِرَ‌ار is the inflicting of a loss upon other people while it brings just no gain for the person inflicting it. Since, this was going to be the fate of this ` masjid' - that its founders gain nothing out of it - therefore, the word ` dirar' was used here.

2. The second motive reads: تَفْرِ‌يقًا بَيْنَ الْمُؤْمِنِينَ :(to cause dissention among the believers). It means that, by setting up this ` masjid', they looked forward to creating a division among the community of Muslims. They hoped to wean out a group that would be offering Salah in their masjid as a sort of separate entity. Then, it may have also resulted in reducing the number of Muslims going for their prayers to the old Masjid Quba'.

3. The third motive was spelt out as: i.e. to provide a sanctuary to enemies of Allah and His Messenger and a forum to conspire against Muslims.

This presentation as a whole proves that the ` masjid' which was declared to be a ` harmful mosque' (Masjid Dirar ضِرَ‌ار) by the Holy Qur'an, and which was demolished and burnt down under the orders of the Holy Prophet ﷺ was no masjid in the real sense. Nor was it intended to be a place where people could pray. The three objectives behind it have been mentioned immediately above. From here we learn the rules that should be followed in our time. Today, may be some Muslims were to make a masjid close to and in competition of another Masjid, while their purpose is nothing but the same mutual discord, the same old effort to split up the congregation of the first masjid, or any other evil interest of this nature. If so, the maker of such a masjid will deserve no reward from Allah. Rather, he would be a sinner because of having created dissention between Muslims - but, despite all this, that place shall be called a masjid in terms of Islamic law, and the etiquette and rules relating to mosques shall apply to it. Demolishing it or putting it on fire shall not be permissible. And the Salah of those who pray in it will also be valid - though, doing so shall continue to be a sin in itself.

From here we also learn about another rule relevant in contemporary setting. If a Muslim makes a masjid in that manner, either to show off or to take an opposing stance out of obstinacy and enmity, the maker will, though, not get the reward of making a masjid, instead, will incur a sin, yet it will not be what Masjid Dirar is in the terminology of the Holy Qur'an, that is, it will not be called by that name. When some people notice a masjid like that, they would say that it was Masjid Dirar. This is not correct. However, one could say that it was like Masjid Dirar. Therefore, its building can also be stayed - as done by Sayyidna ` Umar ؓ through a court order where he had instructed that another masjid should not be made close to the one already there lest the congregation and flourish of the first masjid is affected adversely. (Tafsir Kashsha)

About this Masjid Dirar, the Holy Prophet ﷺ has Been given the order: لَا تَقُمْ فِيهِ أَبَدًا 'Do not ever stand there (in prayer) - 108.' The word ` qiyam' in the text denotes standing for prayer. The sense is that the Holy Prophet ﷺ should never go in to offer his prayers in a mosque by that name.

Ruling:

What it tells us is: If, even today, a new masjid is made adjacent to the one already there unnecessarily, just to show off or to take an opposing stance out of obstinacy and enmity, the better choice is not to offer prayers therein - though, Salah remains valid.

In the same verse (108), the Holy Prophet ﷺ has also been told that it is correct for him to pray in the particular masjid the foundation of which has been laid on Taqwa (the fear of Allah) from day one. And then, the people who offer their Salah in it love to observe full precaution in remaining cleansed and pure (of all physical and spiritual impurities) - for Allah too likes such meticulous observers of self-purity.

The context of the verse shows what is being referred to here is Masjid Quba' where the Holy Prophet ﷺ used to say his prayers at that time. There are some Hadith narratives that also support this view. (As reported by Ibn Marduwayh from Ibn ` Abbas ؓ ، by ` Amr ibn Shaibah from Sahl al-ansari and by Ibn Khuzaimah in his Sahih from ` Uwaimir ibn Sa` idah - with reference to Mazhari)

As for the reports which say that it refers to the Prophet's Mosque, they do not contradict it. The reason is that the foundation of the Mosque of the Prophet ﷺ was laid in accordance with a revealed command by the Holy Prophet ﷺ with his blessed hands. It goes without saying that its foundation rests on Taqwa, that is, on purity, piety and fear of Allah. And who else could be more purified than the noble messenger of Allah? Therefore, that too is a masjid founded on Taqwa. (As reported by Tirmidhi on sound authority from Sayyidna Abu Said al-Khudri ؓ with the chain of narrators ascending to the Holy Prophet ﷺ - from Qurtubi)

At the end of the verse (108), it was said: فِيهِ رِ‌جَالٌ يُحِبُّونَ أَن يَتَطَهَّرُ‌وا (In it there are people who like to observe purity). In this verse, the masjid declared worthier for the prayers of the Holy Prophet ﷺ is the one the foundation of which was laid on Taqwa from day one. Thus, both Masjid Quba' and the Mosque of the Prophet ﷺ are included in the sense of the verse. Also pointed to in this verse there is yet another merit of this masjid - that those who prayed this masjid were a kind of people who did their best to remain cleansed and pure. The word for purity used in the text is Taharah طھارا . The sense of Taharah at this place includes purity from common filth and impurities, as well as purity from sins and bad morals. Those who offered their prayers in Masjid Quba' and the Prophet's Mosque were generally equipped with all these virtues.

Special Note

From here we also come to know that the merit or superiority of a masjid really depends on the fact that it should have been made with absolute sincerity for the sake of Allah. And to put it conversely, there should not be any trace of duplicity, any motive to earn name, fame and recognition, or any other false and corrupting interest involved in its making. Then, we also learn that the quality of those who pray in a masjid is significant. If they are good, righteous, knowledgeable about their religion ('Alim عَالِم ) and are devoted to the worship of Allah ('Abid عَابِد ), the superiority of the masjid increases. Offering prayers in a masjid frequented by such God-fearing people is more merit worthy.