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2.189. Sie fragen dich nach den Jungmonden. Sag: Sie sind festgesetzte Zeiten für die Menschen und für die Pilgerfahrt. Und nicht darin besteht die Frömmigkeit, daß ihr von der Rückseite in die Häuser kommt. Frömmigkeit besteht vielmehr darin, daß man gottesfürchtig ist. So kommt durch die Türen in die Häuser und fürchtet Allah, auf daß es euch wohl ergehen möge!
59.2. Huwa alladhii akhradscha alladhiinakafaruu min ahli alkitabi min diyarihim li-awwalialhaschri madhanantum an yakhrudschuu wadhannuuannahum maniAAatuhum husuunuhum mina Allahifaatahumu Allahu min haythu lam yahtasibuuwaqadhafa fii quluubihimu alrruAAba yukhribuunabuyuutahum bi-aydiihim waaydii almu/miniina faiAAtabiruu yaolii al-absari
59.2. He it is Who hath caused those of the People of the Scripture who disbelieved to go forth from their homes unto the first exile. Ye deemed not that they would go forth, while they deemed that their strongholds would protect them from Allah. But Allah reached them from a place whereof they reckoned not, and cast terror in their hearts so that they ruined their houses with their own hands and the hands of the believers. So learn a lesson, O ye who have eyes! (Pickthall)
59.2. Er ist es, der diejenigen herausgebracht hat, die den Glauben verweigert haben von den Leuten der Schrift, aus ihren Heimstätten, zum erstmaligen Zusammenbringen. Ihr habt nicht angenommen, daß sie herausgehen würden, und sie haben angenommen, daß ihnen ihre Festungen ihr Schutz seien vor Allah, und Allah ist zu ihnen gekommen, von wo sie nie damit gerechnet haben, und Er hat in ihre Herzen den Schrecken geworfen, sie haben ihre Häuser niedergerissen mit ihren Händen und den Händen der Gläubigen, also laßt euch belehren, ihr mit dem Einblick. (Ahmad v. Denffer)
59.2. Er ist es, Der diejenigen von den Leuten der Schrift, die ungläubig sind, aus ihren Wohnstätten zur ersten Versammlung vertrieben hat. Ihr habt nicht geglaubt, daß sie fortziehen würden; und sie meinten, daß ihre Festungen sie vor Allah schützten. Da kam Allah über sie, von wo sie nicht (damit) rechneten, und jagte in ihre Herzen Schrecken, so daß sie ihre Häuser mit ihren (eigenen) Händen und den Händen der Gläubigen zerstörten. Darum zieht die Lehre daraus, o die ihr Einsicht besitzt. (Bubenheim)
59.2. Er ist es, Der die Ungläubigen unter den Schriftbesitzern (die Banu an-Nadîr) ihrer Häuser verwies und zur ersten Versammlung führte. Ihr hattet nicht gedacht, dass sie der Stadt verwiesen werden könnten, und sie meinten, dass ihre Festungen sie gegen Gott schützen würden. Aber Gott kam über sie, als sie nicht damit rechneten und jagte ihren Herzen Schrecken ein. Sie verwüsteten ihre Häuser mit eigenen Händen und den Händen der Gläubigen. Zieht die Lehre daraus, ihr Einsichtigen! (Azhar)
59.2. ER ist Derjenige, Der diejenigen von den Schriftbesitzern, die Kufr betrieben haben, von ihren Wohnstätten zur ersten Vertreibung heraustreiben ließ. Ihr dachtet nicht, dass sie herauskommen werden, und sie dachten, dass ihre Burgen sie vor ALLAH schützen würden. Dann kam ALLAH zu ihnen von da, womit sie nicht rechneten, und warf in ihre Herzen den Schrecken. Sie zerstörten ihre Häuser mit ihren eigenen Händen und den Händen der Mumin. So zieht (daraus) eine Lehre, ihr mit Einblick! (Zaidan)
59.2. Er ist es, der diejenigen von den Leuten der Schrift, die ungläubig sind, aus ihren Wohnungen vertrieben hat, zur ersten (diesseitigen) Versammlung (an den Ort ihrer Verbannung) (li-auwali l-haschri). Ihr glaubtet nicht, daß sie wegziehen würden. Und sie meinten, ihre Befestigungen (husuun) würden sie vor Allah schützen. Da kam Allah (mit seiner Gewalt) über sie, ohne daß sie damit rechneten, und jagte ihnen Schrecken ein, worauf sie eigenhändig und mit den Händen der Gläubigen ihre Häuser zerstörten. Denkt (darüber) nach, (ihr alle) die ihr Einsicht habt! (Paret)
59.2. Er ist es, Der diejenigen vom Volke der Schrift, die ungläubig waren, aus ihren Heimstätten zur ersten Versammlung austrieb. Ihr glaubtet nicht, daß sie hinausziehen würden, und sie dachten, daß ihre Burgen sie gegen Allah schützen würden. Doch Allah kam von (dort) über sie, woher sie es nicht erwarteten, und warf Schrecken in ihre Herzen, so daß sie ihre Häuser mit ihren eigenen Händen und den Händen der Gläubigen zerstörten. So zieht eine Lehre daraus, o die ihr Einsicht habt! (Rasul)
Tafsir von Maududi für die Ayaat 1 bis 2
All that there is in the heavens and the earth has glorified only Allah, for He alone is the All-Mighty, the All-Wise ( 1 ) . He it is Who drove the disbelievers from among the people of the Book out of their houses ( 2 ) .at the very first assault. ( 3 ) You did not think that they would ever go out, and they too on their part were thinking that their fortresses would protect them from Allah, ( 4 ) but Allah came upon them whence they had little expected. ( 5 ) He cast terror into their hearts with the result that they were destroying their dwellings by their own hands as well as by the hands of the believers. ( 6 ) So, take heed, O you who have eyes to see! ( 7 )
Desc No: 1 For explanation, see E.N.'s 1, 2 of Surah AI-Hadid. The object of this introductory sentence before making an appraisal of the banishment of the Ban; an-Nadir is to prepare the mind to understand the truth that the fate this powerful tribe met was not the result of the power of the Muslims but a manifestation of the power of Allah.
Desc No: 2 Here, the reader should understand one thing at the outset so as to avoid any confusion about the banishment of the Bani an-Nadir. The Holy Prophet (upon whom be Allah's peace) had concluded a formal written treaty with the Bani an-Nadir. They had not broken this agreement as such that it should have become void But the reason why they were attacked was that after making different kinds of minor violations of it, they at last committed such an offence which amounted to the breach of trust. That'is, they plotted to kill the leader of the other party to the treaty, i. e. the Islamic State of Madinah. The plot became exposed, and when the were accused of breaking the agreement they could not deny it Thereupon, the Holy Prophet (upon whom be Allah's peace) told them either to leave Madinah or to be ready for a war. This notice was in accordance with this injunction of the Qur'an: "If you ever fear treachery from any people, throw their treaty openly before them. " (AI-Anfal: 58) That is why Allah is describing their exile as His own action, for it was precisely in accordance with Divine Law. In other words, they were not expelled by the Holy Prophet (upon whom be Allah's peace) and the Muslims but by Allah Himself. The other reason why Allah has described their exile as His own action, has been stated in the following verses.
Desc No: 3 The word hashr in the Text means to gather the scattered individuals to gether or to take out scattered individuals after mustering them together. Thus, the words li-awwal-il-hashr mean: with the first hashr or on the occasion of the first hashr. As for the question, what is implied by the first hashr here, the commentators have disputed it. According to one group it implies the banishment of the Bani an-Nadir from Madinah, and this has been described as their first hashr in the sense that their second hashr took place in the time of Hadrat `Umar, when the Jews and the Christians were expelled from the Arabian peninsula, and the final hashr will take place on the Day of Resurrection. According to the second group it implies the gathering of the Muslim army together to fight the Bani an-Nadir; and li-awwal-il-hashr means that as soon as the Muslims had gathered together to fight them, and no blood yet had been shed, they, by the manifestation of Allah's power, offered to be banished from Madinah of their own accord. In other words, these words have been used here in the meaning of "at the very first assault". Shah Waliullah has translated it "at the first gathering of the army". Shah 'Abdul Qadir has translated it "at the first mustering." In our opinion this translation very nearly gives the meaning of these words.
Desc No: 4 To understand this one should keep in mind the fact that the Bani anNadir had been well established here for centuries. They lived in compact populations outside Madinah without any lien element. Their settlement was well fortified, which had fortified houses as are generally built in feud-ridden tribal areas. Then heir numerical strength also equalled that of the Muslims, and inside Madinah itself many of the hypocrites were their supporters..Therefore, the. Muslims could never expect that they would, even without fighting, be so unnerved by the siege as to leave their homes willingly. likewise, the Bani an-Nadir also could not have imagined that some power would compel them to leave their homes within six days, Although the Bani Qainuqa' had been expelled before them, and their false pride of valour had proved to be of no avail, they lived in a locality inside Madinah and did not have any separate fortified settlement; therefore, the Bani an-Nadir thought that their inability to withstand the Muslims was not exceptionable, Contrary to this, in view of their own fortified settlement and strongholds they could not imagine that some power could turn them out so easily. That is why when the Holy Prophet (upon whom be Allah's peace) served a notice on them to leave Madinah within ten days, they boldly retorted, saying: We are not going to quit: you may do whatever you please."
Here, the question arises: On what basis has Allah said: 'They were thinking that their fortresses would save them from Allah'. Did the Bani an-Nadir really know that they were not facing Muhammad bin `Abdullah (upon whom be Allah's peace) but Allah? And did they, in spite of knowing this, think that their fortresses would save them from Allah? .This is a question which would confound every such person who dces not know the psychology of the Jewish people and their centuries-old traditions. As regards the common men, no one can imagine that despite their knowing consciously that they were facing Allaf, they would Entertain the false hope that their forts and weapons would save them from Allah. Therefore, an ignorant person would interpret the Divine Word, saying that the Bani an-Nadir in view of the strength of their forts were apparently involved in the misunderstanding that they would remain safe from the Holy Prophet's attack, but in reality they were fighting Allah and from Him their forts could not save them. But the fact is that the Jews in this world are a strange people, who have been knowingly fighting Allah: they killed the Prophets of Allah knowing them to be His Prophets, and they declared boastfully and arrogantly that they had killed the Prophets of Allah. Their traditions say that their great Patriarch, the prophet Jacob, wrestled with Allah throughout the night and Allah could not throw him even till daybreak. .Then, when at daybreak Allah asked Jacob to let Him go, Jacob replied that he would not let Him go until He blessed him. Allah asked him his name, and he answer `Jacob Allah said that his name would no longer be Jacob, but Israel, "because you strove with God and with men, and prevailed." (See Gen. 32: 25-29 in the latest Jewish translation; The Scriptures Scriptures, published by the Jewish Publication Society of America 1954). In the Christian translation of the Bible too this subject has been rendered likewise. In the footnote of the Jewish translation, "Israel" has been explained as: He who striveth with God. " In the Cyclopaedia of Biblical Literature the meaning given of Israel" by the Christian scholars is: "Wrestler with God." Then in Hosea (O.T.) the Prophet Jacob has been praised thus: "By his strength he had power with God: yea, he had power over the angel, and prevailed. " (Ch. 12: 3-4). Now, obviously, the people of Israel are the children of the same Prophet Israel who, according to their faith, had striven with God and wrestled with Him. For them it is not at all difficult that they should stand firm and fight even God. On this very basis, they, even according to their own profession, killed the Prophets of God, and under the same false pride they put the Prophet Jesus on the cross and bragged: "We have killed Jesus Christ, son of Mary, Messenger of Allah. " Therefore, it was not against their traditions that they fought Muhammad (upon whom be Allah's peace) despite their knowledge that he was Allah's Messenger. If not their common people, their rabbis and learned men knew full well that he was the Messenger of Allah. The Qur'an itself contains several evidences to this effect. (For instance, see E:N.'s 79, 95 of Al-Baqarah, E.N.'s 190, 191 of An-Nisa, E.N.'s 70, 73 of As-Saaffat).
Desc No: 5 Allah's coming down upon them does not mean that Allah was staying in another place whence He attacked them. But this i9 a metaphoric expression. The object is to give the idea that while facing Allah they were thinking that Allah could chastise them only by bringing an army against them from the front and they were confident that they would resist that force by their fortifications, But Allah attacked them from whence they had not thought it possible; and this was that He made than weak and broke their power of resistance from within after which neither their weapons nor their strongholds could help them.
Desc No: 6 That is, öThe destruction occurred in two ways: from outside the Muslims besieged them and started demolishing their fortifications, and from within, first they raised obstacles of stone and wood to stop the Muslims from advancing, and for this purpose broke their own houses for the material; then, when they became certain that they would have to vacate the place, they started pulling down their houses, which they had so fondly built and decorated, with their own hands, so as to render them useless for the Muslims Later, when they settled peace with the Holy Prophet (upon whom be Allah's peace) on the condition that they would be spared their lives but would havc the permission to carry away whatever they could, except the weapons and armour, they started removing the frames of the doors and windows, even pegs; so much so that some people removed the beams and wooden ceilings, which they put upon the back of their camels and left."
Desc No: 7 There arc many lessons which one can learn from this event, which have been alluded to in this brief but eloquent sentence These Jews were none other but the followers of the former Prophets: they believed in God, in the Book, in the former Prophets and the Hereafter. Accordingly, they were the former Muslims. But when they turned their back on religion and morality and adopted open hostility to the truth only for the sake of their selfish desires and worldly motives and interests, and showed scant regard for their treaties and agreements, Allah's grace was turned away from them, otherwise Allah had no personal enmity with than. Therefore, first of all, the Muslims themselves havc been admonished to heed their fate and Learn a lesson from it, lest they too should start behaving as if they were the beloved children of God, as the Jews did, and should be involved in the misunderstanding that their being included among the followers of the Last Prophet of God would by itself guarantee for them Allah's bounty and His support, apart from which they were not bound to adhere to any demand of religion and morality. Besides, those people of the world also havc been asked to learn a lesson from this event, who oppose the truth consciously, and then place reliance upon their wealth and power, their means and resources, thinking that these would save them from the Divine punishment. The Jews of Madinah were not unaware that the Holy Prophet Muhammad (upon whom be Allah's peace and blessings) had not risen for the supremacy of a people or tribe, but he was presenting an ideological invitation the addressees of which were all men, and every man, no matter what race or country he belonged to, could join his Ummah by accepting the invitation, without discrimination or distinction. They were themselves witnessing that Bilal of Habash, Suhaib of Rome, and Salman of Persia enjoyed the same position and status in the Muslim community as was enjoyed by the people of the Holy Prophet's own house. Therefore, they were not feeling any danger that the Quraish and the Aus and the Khazrij would gain an upper hand over them. Nor were they unaware that the ideological invitation that he was presenting was precisely the same as their own Prophets had been presenting. The Holy Prophet never put forward the claim that he had come with a new religion, unknown to the people, and that the people should give up their former religion and accept his religion ' instead. But what he claimed was that the religion being presented by him was the same that the Prophets of God had been preaching and presenting since the beginning of creation. And from their Torah they could themselves confirm that it was actually the same religion, the principles of which were not any different from the principles of the religion of the Prophets. On the same basis they were told in the Qur'an: Affirm faith in the teaching sent down by Me, which confirms the teaching that you already possess, and you should not be its first deniers." They were also witnessing what character and morals the Holy Prophet (upon whom be Allah's peace) possessed, and what revolution had taken place in the lives of those who had accepted his message. For a long time the Ansar of Madinah had been their closest neighbours. They knew what kind of people they had been before embracing Islam and what they became after their conversion to Islam. Thus, they were well aware of the invitation, of the inviter and of the results of accepting the invitation. But in spite of witnessing and knowing all this, only on account of their racial prejudice and worldly interests, they expended all their energy against the message of truth about which there was no room for doubt at least in their minds. After such an obvious and open hostility to the trnth they expected that their strongholds would save them from Allah, whereas the whole human history bears evidence that the one who is resisted by the power of God, cannot save and protect himself by any weapon, means or device. "
59.3. And if Allah had not decreed migration for them, He verily would have punished them in this world, and theirs in the Hereafter is the punishment of the Fire. (Pickthall)
59.3. Und wenn nicht Allah für sie das Wegziehen vorgeschrieben hätte, bestimmt hätte Er sie gestraft in dieser Welt, und für sie gibt es im Jenseits die Strafe des Feuers. (Ahmad v. Denffer)
59.3. Und wenn Allah ihnen nicht die Verbannung vorgeschrieben hätte, hätte Er sie wahrlich im Diesseits gestraft; und im Jenseits wird es für sie die Strafe des (Höllen)feuers geben. (Bubenheim)
59.3. Hätte Gott nicht ihre Vertreibung vorgeschrieben, hätte Er ihnen eine noch schwerere Strafe im Dießeits auferlegt, und im Jenseits wartet die Feuerstrafe in der Hölle auf sie. (Azhar)
59.3. Und hätte ALLAH ihnen die Deportation nicht bestimmt, hätte ER sie doch im Dießeits gepeinigt. Und für sie ist im Jenseits die Peinigung des Feuers bestimmt. (Zaidan)
59.3. Wenn Allah nicht die Verbannung (dschalaa') für sie bestimmt hätte, hätte er sie im Diesseits (auf andere Weise) bestraft. Im Jenseits aber haben sie die Strafe des Höllenfeuers zu erwarten. (Paret)
59.3. Und wäre es nicht gewesen, daß Allah für sie die Verbannung angeordnet hätte, hätte Er sie sicher in (dieser) Welt bestraft; und im Jenseits wird ihnen die Strafe des Feuers zuteil sein. (Rasul)
59.4. That is because they were opposed to Allah and His messenger; and whoso is opposed to Allah, (for him) verily Allah is stern in reprisal. (Pickthall)
59.4. Dies, weil sie sich von Allah und Seinem Gesandten abgespalten haben, und wer sich von Allah abspaltet, so ist Allah ja hart im Bestrafen. (Ahmad v. Denffer)
59.4. Dies dafür, daß sie Allah und Seinem Gesandten entgegengewirkt haben. Und wer Allah entgegenwirkt, gewiß, so ist Allah streng im Bestrafen. (Bubenheim)
59.4. Das geschieht ihnen recht, weil sie Gott und Seinem Gesandten trotzten. Wer Gott trotzt, wird schwer bestraft. Gott verhängt schwere Strafen. (Azhar)
59.4. Dies, weil sie sich ALLAH und Seinem Gesandten widersetzten. Und wer sich ALLAH widersetzt, also gewiß, ALLAH ist hart im Strafen. (Zaidan)
59.4. Dies dafür, daß sie gegen Allah und seinen Gesandten Opposition getrieben haben (? schaaqquu). Wenn jemand gegen Allah Opposition treibt (muß er dafür büßen). Allah verhängt schwere Strafen. (Paret)
59.4. Dies (geschieht), weil sie sich Allah und Seinem Gesandten widersetzten; und wer sich Allah widersetzt - wahrlich, dann ist Allah streng im Strafen. (Rasul)
Tafsir von Maududi für die Ayaat 3 bis 4
Had Allah not decreed banishment for them, He would have chastised them in this world, ( 8 ) and in the Hereafter there certainly awaits :hem the torment of the Fire. All this happened because they resisted Allah and His Messenger, and whoever resists Allah (should know that) Allah is stern in inflicting punishment.
Desc No: 8 "Would have chastised them in the world": world have caused them to be annihilatcd. That is, had they fought instead of surrendering to save their lives, they would have been completely wiped out. Their men would have perished in the war and their womenfolk and children would have been taken prisoners and there would be no one to have them ransomed.
59.5. Ma qataAAtum min liinatin awtaraktumuuha qa-imatan AAala osuulihafabi-idhni Allahi waliyukhziya alfasiqiina
59.5. Whatsoever palm trees ye cut down or left standing on their roots, it was by Allah ' s leave, in order that He might confound the evil livers. (Pickthall)
59.5. Was ihr abgeschnitten habt von Dattelbäumen, oder ihr habt sie stehen gelassen auf ihren Wurzeln, so war es mit der Erlaubnis Allahs, und damit Er die Frevler verächtlich macht, (Ahmad v. Denffer)
59.5. Was an Palmen ihr umgehauen habt oder auf ihren Wurzeln habt stehenlassen, so geschah es mit Allahs Erlaubnis, und damit Er die Frevler in Schande stürze. (Bubenheim)
59.5. Ob ihr Palmen gefällt habt oder sie stehen ließet, so geschah das mit Gottes Erlaubnis, wollte Er damit doch die Frevler entehren. (Azhar)
59.5. Und ihr habt nicht eine junge Dattelpalme gefällt oder sie auf ihren Wurzeln stehen lassen außer mit ALLAHs Zustimmung, und damit ER die Fasiq erniedrigt. (Zaidan)
59.5. Wenn ihr (auf den Grundstücken der Banuu Nadier) Palmen (liena) umgehauen habt - oder habt stehenlassen-, geschah das mit Allahs Erlaubnis. Auch wollte er (auf diese Weise) die Frevler zuschanden machen. (Paret)
59.5. Was ihr an Palmen umgehauen habt oder auf Wurzeln stehen ließet - es geschah mit Allahs Erlaubnis und (deswegen,) damit Er die Übertreter in Schmach stürzen ließ. (Rasul)
Tafsir von Maududi für die Ayaat 5 bis 5
Whatever palm trees you cut down, or whatever you left standing upon their roots, it was only by Allah's leave. ( 9 ) And (Allah gave the leave) in order to disgrace the transgressors ( 10 )
Desc No: 9 The reference is to the fact that the Muslims cut down or burnt many of the palm-trees that stood in the oases around the settlement of the Bani an Nadir in order to facilitate the siege, However, they left those trees standing which did not obstruct the military operations. At this the hypocrites of Madinah and the Bani Quraizah, and the Bani an-Nadir themselves, raised a clamour, saying that, on the one hand, Muhammad (upon whom be Allah's peace and blessings) prohibited spreading disorder in the world, but, on the other, fruit trees were being cut down by his command, which amounted to spreading disorder in the world. At this AI-Hashr Allah ,sent down the Command: 'Whatever trees you cut down, or whatever you left standing, your neither act was unlawful, but it had Allah's permission." The legal injunction that is derived from this verse is that the destruction caused for the sake of military operations does not come under "spreading disorder in the world. " But spreading disorder in the world is that an army under the fit of war hysteria .should intrude into the enemy territory and start destroying the crops, cattle. gardens, houses and everything in its way without any reason. In this matter. the general instruction is the same which Hadrat Abu Bakr Siddiq gave while despatching the Muslim army to Syria: "Do not cut down friut trees; do not destroy crops; do not ravage the settlements." This was precisely in accordance with the Qur'anic teaching, which condemns those who spread chaos; 'When they get power they direct all their efforts towards spreading corruption in the land, destroying harvests and killing people." (AI-Baqarah: 205). But the specific command in respect of the war exigencies is that if destruction is necessary for military operations against the enemy, it is lawful. Thus, Hadrat 'Abdullah bin Mas'ud has given this explanation in the commentary of this verse: 'The Muslims had cut down only those trees of the Bani an-Nadir that stood on the battlefield. " (Tafsir Nisaburi). Some of the Muslim jurists have overlooked this aspect of the matter and expressed the opinion that the permissibility of cutting the trees of the Bani an-Nadir was confined only to that particular event. It does not make it generally permissible that whenever war necessitates trees of the enemy be cut down and burnt. Imam Auza'i, Laith and Abu Thaur hold this same opinion. But the majority of the jurists hold the view that for the sake of important military operations it is permissible. However, this is not permissible for the purpose of mere destruction and pillage.
One may ask: This verse of the Qur'an could satisfy the Muslims, but how could those who did not accept the Qur'an as Divine Word be satisfied at this reply to their objection that both acts were permissible as they had Allah's permission for it? The answer is: This verse of the Qur'an was sent down to satisfy only the Muslims; it was not sent down to satisfy the disbelievers. Since due to the objection of the Jews and the hypocrites, or due to their own thinking, they had been involved in the misgiving whether they were guilty of spreading disorder in the earth, Allah gave them the satisfaction that both the acts, cutting down some trees to facilitate the siege and leaving some other trees standing which did not obstruct the siege, were in accordance with Divine Law.
The traditionists in their traditions have disputed the point whether the order to cut and burn the trees had been given by the Holy Prophet (upon whom be Allah's peace himself, or whether the Muslims had done it of their own accord, and then later asked the Holy Prophet about its legal aspect. Hadrat Abdullah bin 'Umar has reported that the Holy Prophet himself had ordered it. (Bukhari, Muslim , Musnad Ahmad, Ibn Jarir). The same also has been reported by Yazid bin. Ruman (Ibn Jarir). On the contrary, Mujahid and Qatadah say that the Muslims had on their own cut down the trees; then a dispute arose among them whether what they had done was permissible or not. Some said it was permissible and some said it was not. At last Allah sent down this verse and approved the act of both. (Ibn Jarir). The same thing is supported by a tradition of Hadrat 'Abdullah bin 'Abbas: 'The Muslims were confused because Some of them had cut the trees and others had not; therefore, they wanted to ask the Holy Prophet (upon whom be Allah's peace) as to who would be rewarded for the act and who would be punished.' (Nasa i). Those of the jurists who have preferred the first tradition give the argument that this was the Holy Prophet's personal judgement, which was later ratified by revelation from Allah, and this a proof of the fact that in matters where no Divine Command existed, the Holy Prophet used to follow his personal judgement. On the other hand, those jurists who have preferred the second tradition, argue that the two groups of the Muslims had adopted two different views on the basis of their own personal judgements and Allah ratified both. Therefore, if the learned men arrive at different conclusions by judicious exercise of their personal judgement, then although their opinions might differ, they would all be correct in the Divine Shari ah.
Desc No: 10 That is, "Allah willed that they should be disgraced if you cut down the trees and also if you left them standing." In the first case, they were disgraced when they saw that the trees of the gardens which they had planted with their own hands and which they had owned since ages, were being cut down before their very eyes and they were watching it helplessly. Even an ordinary peasant and gardener cannot tolerate another's misappropriation or intrusion into his field or garden. He would protect his field or garden at the risk of his life if somebody tried to destroy it in his presence. For if he cannot prevent destruction-n of his property, it would be a sign of his extreme humiliation and weakness. But here a whole tribe, which had been living at this place fearlessly and boldly for centuries, was watching helplessly that its neighbours had invaded its gardens and were destroying the trees while it could do nothing. After this even if they stayed on in Madinah they would have lived in disgrace and humility. In the second case, they were disgraced when on leaving Madinah they saw that the lush green gardens which had been in their possession till the previous day were now passing into the possession of the Muslims. Had they the power they would have laid waste the entire gardens by their own hands SO that not a single whole.tree passed into the hands of the Muslims. But in their helplessness they left the city, despaired and grief-stricken, leaving everything intact behind. "
59.6. Wama afaa Allahu AAalarasuulihi minhum fama awdschaftum AAalayhi min khaylin walarikabin walakinna Allaha yusalliturusulahu AAala man yaschao waAllahuAAala kulli schay-in qadiirun
59.6. And that which Allah gave as spoil unto His messenger from them, ye urged not any horse or riding camel for the sake thereof, but Allah giveth His messenger lordship over whom He will. Allah is Able to do all things. (Pickthall)
59.6. Und was Allah Seinem Gesandten an Kriegsbeute gab von ihnen, und ihr habt dafür nicht eines von den Pferden und nicht ein Reittier in Trab gebracht, sondern Allah ermächtigt Seine Gesandten über wen Br will, und Allah ist zu allem imstande. (Ahmad v. Denffer)
59.6. Und für das, was Allah Seinem Gesandten von ihnen als kampflose Beute zugeteilt hat, habt ihr weder Pferde noch Reitkamele in Trab gebracht, sondern Allah gibt Seinen Gesandten Gewalt, über wen Er will. Und Allah hat zu allem die Macht. (Bubenheim)
59.6. Die Fai§-Beute, die Gott dem Gesandten von ihrem Hab und Gut bescherte, hat euch weder Pferde noch Kamele aufzubieten gekostet. Gott gibt Seinem Gesandten die Oberhand über wen Er will. Gottes Allmacht umfasst alles. (Azhar)
59.6. Und das, was ALLAH Seinem Gesandten von ihnen zur Beute machte, dafür habt ihr weder Pferde noch Reitkamele rennen lassen. Doch ALLAH lässt Seine Gesandten gegen diejenigen vorgehen, die ER will. Und ALLAH ist über alles allmächtig. (Zaidan)
59.6. Für das, was Allah seinem Gesandten von ihnen (als Beute) zugewiesen hat, brauchtet ihr weder Pferde noch Kamele aufzubieten (augaftum). Allah gibt vielmehr seinen Gesandten (von sich aus), über wen er will, Gewalt. Er hat zu allem die Macht. (Paret)
59.6. Und was Allah Seinem Gesandten als Beute von ihnen gegeben hat - ihr brauchtet weder Pferde noch Kamele dazu aufzubieten; aber Allah gibt Seinen Gesandten Gewalt über wen Er will; und Allah hat Macht über alle Dinge. (Rasul)
59.7. Ma afaa Allahu AAalarasuulihi min ahli alqura falillahi walilrrasuuliwalidhii alqurba waalyatama waalmasakiiniwaibni alssabiili kay la yakuuna duulatanbayna al-aghniya-i minkum wamaatakumualrrasuulu fakhudhuuhu wama nahakumAAanhu faintahuu waittaquu Allaha inna Allahaschadiidu alAAiqabi
59.7. That which Allah giveth as spoil unto His messenger from the people of the townships, it is for Allah and His messenger and for the near of kin and the orphans and the needy and the wayfarer, that it become not a commodity between the rich among you. And whatsoever the messenger giveth you, take it. And whatsoever he forbiddeth, abstain (from it). And keep your duty to Allah. Lo! Allah is stern in reprisal. (Pickthall)
59.7. Was Allah Seinem Gesandten an Kriegsbeute gibt von den Leuten der Ansiedlungen, so ist es für Allah und den Gesandten und für den nahen Verwandten und die Waisen und die Armen und den "Sohn des Weges", so daß es nicht etwas Rundumgehendes wird zwischen den Reichen von euch, und was der Gesandte euch gibt, so nehmt es, und was er euch untersagt, so enthaltet euch, und fürchtet Allah, Allah ist ja hart im Bestrafen, (Ahmad v. Denffer)
59.7. Was Allah Seinem Gesandten von den Bewohnern der Städte als kampflose Beute zugeteilt hat, das gehört Allah, Seinem Gesandten und den Verwandten, den Waisen, den Armen und dem Sohn des Weges. Dies, damit es nicht nur im Kreis der Reichen von euch bleibt. Was nun der Gesandte euch gibt, das nehmt; und was er euch untersagt, dessen enthaltet euch. Und fürchtet Allah. Gewiß, Allah ist streng im Bestrafen. (Bubenheim)
59.7. Die Fai§-Beute, die Gott Seinem Gesandten vom Hab und Gut der Bewohner der Städte gewährte, steht Gott, dem Gesandten, den Verwandten, den Waisen, den Bedürftigen und den mittellosen Durchreisenden zu, damit nicht nur die Reichen Nutzen davon haben. Was der Gesandte euch an Rechtsbestimmungen verkündet, sollt ihr anwenden! Was Er euch verbietet, sollt ihr unterlassen! Schützt euch vor Gottes Vergeltung! Gott verhängt schwere Strafen. (Azhar)
59.7. Was ALLAH Seinem Gesandten von den Bewohnern der Ortschaften zur Beute machte, so ist dies für ALLAHs (Sache), für den Gesandten, für die von der Verwandtschaft, für die Waisen, für die Armen und für den in Not geratenen Reisenden, damit es (das Vermögen) nicht (nur) unter den Reichen von euch rotiere. Und was der Gesandte euch gab, so nehmt es! Und was er euch verbot, so lasst davon ab! Und handelt Taqwa gemäß ALLAH gegenüber! Gewiß, ALLAH ist hart im Strafen. (Zaidan)
59.7. Was Allah seinem Gesandten von den Bewohnern der Städte (als Beute) zugewiesen hat, gehört Allah und seinem Gesandten, des weiteren den Verwandten, den Waisen, den Armen und dem, der unterwegs ist. (Es soll dem Gesandten vorbehalten sein und von ihm verteilt werden) damit es nicht (als zusätzlicher Besitz) unter denen von euch umläuft, die (schon) reich sind. Was der Gesandte euch nun (aus diesem seinem Verfügungsfonds) gibt, das nehmt an; und was er untersagt, dessen enthaltet euch! Und fürchtet Allah! Er verhängt schwere Strafen. (Paret)
59.7. Was Allah Seinem Gesandten gegeben hat, das ist für Allah und für den Gesandten und für die Verwandten und die Waisen und die Armen und den Sohn des Weges, damit es nicht nur bei den Reichen unter euch umläuft. Und was euch der Gesandte gibt, das nehmt an; und was er euch untersagt, dessen enthaltet euch. Und fürchtet Allah; wahrlich, Allah ist streng im Strafen. (Rasul)
59.8. And (it is) for the poor fugitives who have been driven out from their homes and their belongings, who seek bounty from Allah and help Allah and His messenger. They are the loyal. (Pickthall)
59.8. Und für die Bedürftigen der Auswanderer, die von ihren Heimstätten und von ihren Vermögensgütern herausgetrieben wurden, - sie erstreben Gunst von Allah und Wohlgefallen, und sie helfen Allah und Seinem Gesandten, diese, sie sind die Wahrhaften, (Ahmad v. Denffer)
59.8. (Das gehört) den armen Auswanderern, die aus ihren Wohnstätten und von ihrem Besitz vertrieben worden sind, weil sie nach Huld von Allah und Wohlgefallen trachten und Allah und Seinem Gesandten helfen. Das sind die Wahrhaftigen. (Bubenheim)
59.8. Die Fai§-Beute steht den armen Auswanderern (den Muhâdschirûn) zu, die aus ihren Häusern, von ihrem Hab und Gut vertrieben wurden, die sich Gottes Huld und Wohlgefallen wünschen und sich für Gott und Seinen Gesandten einsetzen. Das sind die Wahrhaftigen. (Azhar)
59.8. Es ist für die hidschra-unternehmenden Armen, die von ihren Wohnstätten und Vermögensgütern vertrieben wurden, sie streben Gunst von ALLAH und Wohlgefallen an, und sie stehen ALLAHs (Din) und Seinem Gesandten bei. Diese sind die wirklichen Wahrhaftigen. (Zaidan)
59.8. (Was an Hab und Gut verteilt wird, soll besonders) den armen Auswanderern (zukommen), die aus ihren Wohnungen und von ihrem Besitz vertrieben worden sind, und die danach verlangen, daß Allah ihnen Gunst erweisen und Wohlgefallen (an ihnen) haben möge, und (die) Allah und seinem Gesandten helfen. Sie sind es, die es ehrlich meinen. (Paret)
59.8. (Dies ist) für die armen Auswanderer, die aus ihren Heimstätten und von ihren Besitztümern vertrieben wurden, während sie nach Allahs Huld und Wohlgefallen trachteten und Allah und Seinem Gesandten beistanden. Diese sind die Wahrhaftigen. (Rasul)
59.9. Those who entered the city and the faith before them love these who flee unto them for refuge, and find in their breasts no need for that which hath been given them, but prefer (the fugitives) above themselves though poverty become their lot. And whoso is saved from his own avarice such are they who are successful. (Pickthall)
59.9. Und diejenigen, welche die Heimstätte zum Wohnsitz haben, und den Glauben vor ihnen, - sie lieben wer zu ihnen ausgewandert ist, und sie finden in ihren Gemütern kein Bedürfnis an dem, was ihnen gegeben wurde, und sie ziehen sie vor gegenüber sich selber, und wenn es für sie Entbehrung wäre, und wer vor der Knausrigkeit seiner selbst bewahrt wird, also diesen, ihnen ergeht es wohl, (Ahmad v. Denffer)
59.9. Und diejenigen, die in der Wohnstätte und im Glauben vor ihnen zu Hause waren, lieben (all die,) wer zu ihnen ausgewandert ist, und empfinden in ihren Brüsten kein Bedürfnis nach dem, was (diesen) gegeben worden ist, und sie ziehen (sie) sich selbst vor, auch wenn sie selbst Mangel erlitten. Und diejenigen, die vor ihrer eigenen Habsucht bewahrt bleiben, das sind diejenigen, denen es wohl ergeht. (Bubenheim)
59.9. Diejenigen, die vor ihnen Gläubige waren lieben die, die ihnen auswanderten. Sie fühlen sich nicht benachteiligt, weil nur die Auswanderer die Zuteilung von der Fai§-Beute bekamen, sondern stellen die Auswanderer vor sich selbst, auch wenn sie unter Entbehrung leiden. Wer vor Habgier geschützt ist, das sind die wahrhaften Gewinner. (Azhar)
59.9. Und diejenigen, welche bereits die Wohnstätte (Madina) bewohnten und den Iman (verinnerlichten) vor ihnen, lieben diejenigen, die zu ihnen Hidschra unternahmen, und sie finden in ihren Brüsten kein Verlangen nach dem, was ihnen (den anderen) zuteil wurde. Und sie bevorzugen andere vor sich selbst, auch dann, wenn sie in Not sind. Und wer vor dem Geiz seines Ego geschützt wird, diese sind die wirklichen Erfolgreichen. (Zaidan)
59.9. Diejenigen, die vor ihnen in der Behausung (des Islam) und im Glauben heimisch geworden sind (wa-llaziena tabauwa'uu d-daara wal-iemaana min qablihim), lieben diejenigen, die (aus Mekka) zu ihnen ausgewandert sind, und hegen in sich kein Verlangen nach dem, was ihnen (als besondere Zuwendung) gegeben worden ist. Sie bevorzugen (sie sogar) vor sich selber, auch wenn sie Mangel leiden. Denen, die vor der ihnen (als Menschen von Natur) innewohnenden Habsucht bewahrt bleiben (man yuuqa schuhha nafsihie), wird es wohl ergehen. (Paret)
59.9. Und jene, die vor ihnen in der Behausung (des Islam) wohnten und im Glauben heimisch geworden sind, lieben jene, die bei ihnen Zuflucht suchten, und hegen in sich kein Verlangen nach dem, was ihnen gegeben wurde, sondern sehen (die Flüchtlinge gern) vor ihnen selbst bevorzugt, auch wenn sie selbst in Dürftigkeit leben. Und wer vor seiner eigenen Habsucht bewahrt ist - das sind die Erfolgreichen. (Rasul)
Tafsir von Maududi für die Ayaat 6 bis 9
And the properties that Allah took out from their possession and restored to His Messenger, ( 11 ) are not such that you might have rushed your horses and camels upon them, but Allah gives His Messengers authority over whomever He wills, and Allah has power over everythin ( 12 ) Whatever Allah restored to His Messenger from the people of the settlements, belongs to Allah and the Messenger and the kinsfolk and the orphans and the needy and the wayfarers, ( 13 ) so that it does not remain circulating among your rich people only. ( 14 ) Take whatever the Messenger gives you and refrain from whatever he forbids you. Fear Allah, for Allah is stern in inflicting punishment. ( 15 ) (Moreover, the properties) are for those poor emigrants who have been expelled from their homes and their possessions. ( 16 ) They seek Allah's bounty and His goodwill, and are ever ready to succour Allah and His Messenger. They indeed are the truthful. (And it is also for those) who believed eve before the arrival of the emigrants and were staying in the Abode of Migration. ( 17 ) They love those who have migrated to them and entertain no desire in their hearts for what is given to them and prefer others to themselves even though they may be needy. ( 18 ) The fact is that those who are saved from the greed of their own hearts, ale truly successful. ( 19 ) (And it is also for those) who come after them, ( 20 ) who say, "Our Lord, forgive us , and forgive all our brothers who embraced the Faith before us, and do not place in our hearts any malice towards the believers. Our Lord, You are very Kind and Compassionate. " ( 21 )
Desc No: 11 From here to the end of verse 10, Allah explains how the lands and properties that were restored bto the Islamic State after the exile of the Ban; an- Nadir, are to be managed and administered. As it was the first occasion that a land was conquered and included in the Islamic territory, and many more lands were destined to be conquered in the future, the law governing the conquered lands was enunciated at the outset. Here, a note-worthy point is that Allah at this place has used the words: Ma af'-Allahu ala Rasuli-hi min-hum "whatever Allah restored to His Messenger from them." These words clearly imply that the rebels of Allah Almighty arc not entitled to own the earth and things existing on it. If they have become their owners and are appropriating them, their ownership and appropriation of these things is, in fact, in the nature of usurpation of a master's property by a dishonest servant. The real right of these properties is that these should be spent and used in the service and obedience of their real Master, Allah, Lord of the worlds, according to His will, and their this use is possible only through the agency of the righteous believers. Therefore, the true position of the properties which pass from the ownership of the disbelievers into the hands of the Muslims as the result of a lawful war, is that their real Owner has withdrawn them from His disobedient and disloyal servants, and restored them to His obedient and loyal servants. That is why, in the terminology of the Islamic Law such properties have been described as Fai (restored properties).
Desc No: 12 That is, "The restoration of these properties to the Muslims is not the result of the effort of the actual fighting army so that the army on that basis may have the right that the properties may be distributed among the soldiers, but its real nature is that Allah by His bounty has given dominance to His Messengers and the system that they represent over them. In other words, the passing of these properties into the Muslims' hands is not the direct result of the effort and struggle of the fighting army, but the result of the total strength that Allah has bestowed on His Messenger and his community and the system established by him Therefore, these properties are quite different in nature from the spoils of war and so cannot be distributed among the soldiers as such.
Thus, the Shari ah has made a distinction between ghanimah (spoils of war) and fai (restored properties). The injunction :n respect of the ghanimah has been given in surah AI-Anfal: 41, and it is this "It should be divided in five parts, four parts of which be distributed among the fighting army and the fifth deposited in the Public Treasury (Bait al-Mal), and expended on the items mentioned in the verse." As for the fai, the injunction is that it should not be distributed among the army, but it should be reserved for the items of expenditure being stated in the following verse. The distinction between the two has been made plain by the words: "You have not rushed your horses and camels on them," which imply the military operations. Thus, the properties which are taken as a direct result of such operations are the ghnimah and those which arc not the result of these operations are the fai. The distinction between ghanimah and tai that has been brterty mentioned in this verse, has been explained in greater detail by the juristis of Islam. Ghanimah are only those transferable properties which are taken from the enemy durIng military action; other things than these, e.g. lands, houses and other transferable and nontransferable properties of the enemy, are excluded from the definition of ghanimah and are fai. The source of this explanation is the letter that Hadrat 'Umar (may Allah be pleased with him) had written to Hadrat Sa'd bin Abi Waqqas after the conquest of 'Iraq. In that letter he wrote: "Distribute the properties and goods which the soldiers of the army collected and brought to your camp among the Muslims who participated in the war, and leave the lands and the canals with those who work on them so that the proceeds thereof are used for the salaries of the Muslims." (Abu Yusuf. Kitab al-Kharaj, p. 24; Abu 'Ubaid, Kitab al-Amwal, p. 59; Yahya bin Adam, Kitab al-Kharaj, pp. 27-28, 48). On this very basis, Hadrat Hasan Basri says: "Whatever is taken from the enemy camp, is the right of those who won victory over it? and the lands are for the Mttslirns." Yahya bin Adam, p. 27). And Imam Abu Yusuf says: ¦Whatever the Muslims take from the enemy troops, and whatever goods and arms and cattle they collect and bring to their camp, is ghanimah; from this one-fifth will be deducted and the rest distributed among the soldiers." (Kitab al-Kharaj, p. 18). The same is the opinion of Yahya bin Adam, which he has expressed in his Kitab al-Kharaj (p. 27). Even more than this, what makes the distinction between ghanimah and fai clearer is that after the Battle of Nahawand when the ghanimah had been distributed and the conquered lands had been included in the Islamic State. a tnan named Sa'ib bin Aqra' found two bags of jewels outside the fort. He was confused whether it was the ghanimah which should be distributed in the army, or the fai which should be deposited in the Bait al-Mil Consequently, he came to Madinah and put the matter before Hadrat 'Umar, who decided that it should be sold and the price deposited in the Bait-al-Mil. From this it becomes clear that ghanimah are only those transferable properties which are taken by the soldiers during the war. After the war is over, the transferable properties also, like the nontransferable properties, become fai. Imam Abu 'Ubaid relates this event and says: "The properties that arc seized from the enemy by the use of force, when the war is still in progress, are ghanimah and what is taken after the war is over, when the territory has become Dar al-Islam (abode of Islam), is fai, which should be reserved for the common people of the dar al-Islam; the law of the one-fifth (khums) will not be applicable to it. " (Kitab al-Amwal p. 2S4).
After defining ghanimah thus, the rest of the properties, wealth and lands, which pass from the disbelievers' ownership to the Muslims may be divided into two main kinds first those which are taken as a result of actual fighting f anwatan in Fiqh terminology); second, those which are taken by the Muslims as a result of the peace terms whether peace is concluded because of the pressure of the military power of the Muslims, or their dread and awe, and in this are also included all those properties which pass into the Muslims' ownership in every other way than as a result of actual fighting The differences that have arisen among the jurists of Islam have been only concerning the first kind of the properties in order to determine their correct legal position, for they do not come under 'those upon which you have not rushed your horses and camels." As regards the second kind of the properties, all agree that they arc fai, for the Qur'an has explicitly laid down the injunction about them. Below we shall discuss in dctail the legal position of the first kind of the properties.
Desc No: 13 In the preceding verse what was pointed out was why these properties should not be distributed among the fighting army like the spoils, and why the legal injunction concerning them is different from that concerning the spoils Now in this verse it is being stated as to who are entitled to have a sha. re in these properties.
The first share in these is of Allah and His Messenger. The dctail of how the Holy Prophet (upon whom be Allah's peace) acted on this injunction has been related by Malik bin Aus bin al-Hadathan on the authority of Hadrat 'Umar (may Allah be pleased with him), thus: The Holy Prophet used to take from it necessary expenses for himself and his family and the rest he used to spend on arranging arms and conveyances for Jihad. (Bukhari Muslim, Musnad Ahmad, .96u Da 'ud, Tirmadhi Nasa i and others). After the passing away of the Holy Prophet this share was transferred to the Public Treasury of the Muslims so that it is spent in the service of the mission which Allah had entrusted to His Messenger. Imam Shafa' i is reported to have expressed the opinion that the share which was specifically meant for the Holy Prophet's person (upon whom be Allah's peace), is for his caliph after him, for the Holy Prophet was entitled to it on the basis of his office of leadership and not on the basis of the office of Apostleship. But the view of the. majority of the Shafe'i jurists in this matter is the same as of the other jurists, viz. that this share now is reserved for the religious and collective welfare of the Muslims, and not for any particular. person.
The second share is of the kinsfolk, and this implies the kinsfolk of the Holy Prophet (upon whom be Allah's peace), i.e. the Bani Hashim and the Bani al-Muttalib. This share was set aside so that, besides meeting his own and his family's requirements, the Holy Prophet could also finlfil his obligations towards those of his relatives who stood in need of his help, or whom he felt like helping. ,After the death of the Holy Prophet (upon whom be Allah's peace) this ceased to be a separate and independent source, because like the right; of the orphans and the wayfarers and the indigent among the Muslims, looking after the rights of the needy among the Bani Hashim and the Bani al-Muttalib also became the responsibility of the Public Treasury. However, they were treated as superior to others in so far as they had no share in the zakat. Hadrat 'Abdullah bin 'Abbas has related that in the time of Hadrat Abu Bakr and 'Umar and 'Uthman (may Allah be pleased with them), the first two shares were dropped and only the remaining three shares (i.e. those for the orphans and the indigent and the wayfarers) were kept as of those entitled to fai Then Hadrat `AIi (may Allah be pleased with him) also acted on the same in his time, Muhammad bin Ishaq has related on the authority of Imam Muhammad Baqir that although Hadrat 'Ali's personal opinion was the same as of the people of his house (that this share should be given to the relatives of the Holy Prophet), he did not think that he should act against the practice of Abu Bakr and `Umar. Hasan bin Muhammad bin Hanafiyah says that after the Holy Prophet a difference of opinion arose about these two shares (i.e. the sharc of the Holy Prophet and the share of his relatives). Some people said that the first share should go to the Holy Prophet's caliph, some said that the second share should go to the relatives of the Holy Prophet, and still others said that the second sharc should be given to the relatives of the caliph. At last, a consensus was reached that both the shares be spent on the requirements of Jihad 'Ata' bin Sa'ib says that Hadrat 'Umar bin 'Abdul `Aziz in his time had started sending the share of the Holy Prophet and the share of the relatives to the Bani Hashim. The opinion of Imam Abu Hanifah and of most of the Hanafi jurists is that in this matter the same practice is cornet as was., being followed in the time of the righteous Caliphs. (Abu Yusuf, Kitab al-Kharaj pp. 19-21). Imam Share'i's opinion is that both the rich and the needy from among the people whose being descended from the Bani Hashim and the Bani al-Muttalib is confirmed, or is well known, can be given shares from fai. (Mughni al-Muhtaj). The Hanafis say that only their needy people can be helped from this; however, their right to this is greater than that of others. (Ruh al-Ma'ani). According to Imam Malik, there is no restriction on the government in this matter. It can spend on any head that it deems fit and proper, but the better course is that it should give preference to the people of the Holy Prophet's house. (Hashiyah ad-Dusuqi ala-sh-Sharh-al-Kabir).
About the remaining three shares there is no dispute among the jurists. However, the difference between Imam Shafe'i and the other Imams is that according to Imam Shafe'i the total properties of fai are to be divided into five equal parts one part of which is to be spent on the above-mentioned heads in such a way that one-fifth of it is spent on the common benefits of the Muslims, one-fifth on the Bani Hashim and the Bani al-Muttalib, one-fifth on the orphans, one-fifth on the indigent and one-fifth on the wayfarers. However, Imam Malik, Imam Abu Hanifah and Imam Ahmad do not concur with this division. Their opinion is that the whole of fai is for the welfare and common benefit of the Muslims. (Mughni al-Muhtaj).
Desc No: 14 This is one of the most important verses of the Qur'an, which lays down the basic principle of the economic policy of the Islamic community and government. Wealth should circulate among the whole community and not only among the rich lest the rich should go on becoming richer day by day and the poor poorer. This policy has not merely been enunciated in the Qur'an, but for the same objective the Qur'an has forbidden interest, made the zakat obligatory, enjoined that khums (one-fifth) be deducted from the booty, exhorted the Muslims to practise voluntary charity, has proposed such forms of different kinds of atonements that the flow of wealth is turned towards the poor classes of society, and has made such a law of inheritance that the wealth left by every deceased person spreads among the largest circle of the people. Apart from this, stinginess has been condemned and generosity commended as a noble moral quality, the well-to-do people have been told that in their wealth there is a definite share of the beggar and the indigent, which they must discharge not as charity but as the right of the concerned people, and the law enjoined in respect of a major source of revenue of the Islamic government (i.e. far) is that its one portion must necessarily be spent on supporting the poor classes of society. In this connection, it should also be borne in mind that there are two main sources of the revenue of the Islamic government: zakat and fai. The zakat is charged from the Muslims on their total extra capital, cattle, wealth, trade goods and agricultural produce, which is over and above the minimum exemption limit (nisab), and most of it is reserved for the poor. And fai comprises all the revenues including jizyah and taxes which are received from the non-Muslims; a major part of these also is set aside for the poor, This gives a clear hint to the effect that an Islamic government should manage its revenues and expenditure and the financial and economic affairs of the country on the whole in such a manner that the wealthy and influential people are not allowed to have their monopoly over the means and resources of wealth, and the flow of wealth is neither turned from the poor to the rich nor it should remain circulating only among the rich.
Desc No: 15 In view of the context the verse means: "Accept without question whatever decision the Holy Prophet (upon whom be Allah's peace) gives about the management of the properties of the Bani an-Nadir, and likewise about the distribution of fai properties and goods afterwards. One should take whatever the Prophet gives him, and the one whom l le dces not give anything, should neither protest nor demand it But since the words of the Command arc general, its application is not restricted to the distribution of the Jai properties and goods only, but its intention is that in all matters the Muslims should obey the Holy Prophet (upon whom be Allah's peace). This intention of the Command becomes all the more clear when we consider that as against "whatever the Messenger gives you" the words used are "whatever he forbids you" and not "what. ever he does not give you. " If the object of the Command were restricted to call obedience to the distribution offal properties and goods .only, then as against "whatever he gives you" the words should have been "whatever he does not give you. " The use of the forbidding or restraining words in this context by itself shows that the object of the Command is to enjoin obedience to the Holy Prophet in whatever he commands and forbids. The same thing has been stated by the Holy Prophet (upon whom be Allah's peace) himself. According to Hadrat Abu Hurairah he said: "When I command you to do a thing, do it as far as you can; and when 1 forbid you to do a thing, restrain from it." (Bukhari, Muslim). About Hadrat `Abdullah bin Mas'ud it has been related that once during a speech he said: "Allah has cursed the woman who practices such and such a fashion." Thereupon a woman approached him and asked, "Wherefrom have you derived this thing? For I have not seen such a thing anywhere in the Book of Allah." Hadrat `Abdullah replied, "Had you studied the Book of Allah, you would certainly have found it therein. Have you not read the verse: Ma ata-kum ar-Rasulu fa-khudu hu wa ma naha-kum `anhu fantahu: "Take whatever the Messenger gives you, and refrain from whatever he forbids you. " When she said that she had read this verse, Hadrat `Abdullah said: "So the Holy Prophet (upon whom be Allah's peace) has forbidden this act, and has given the news that Allah has cursed the women who practice it. " The woman agreed that she had understood the Command. (Bukhari Muslim, Musnad Ahmad, Musnad Ibn abi Hatim,).
Desc No: 16 This implies those people who at `that time had been expelled from Makkah and other parts of Arabia only because they had embraced Islam. Before the conquest of the territory of the Ban; an-Nadir these emigrants had no permanent means of sustenance. Therefore. it was commanded that in the properties which were then taken, and in the fai properties which are taken in future there is also a share of these people along with the common poor people and the orphans and the wayfarers. With these properties all such people should be helped, who are forced to emigrate for the cause of Allah and His Messenger to the abode of Islam. Accordingly, the Holy Prophet (upon whom be Allah's peace) distributed a part of the properties taken from the Bani an-Nadir among the Emigrants and the oases which the Ansar had set aside for the support and maintenance of their emigrant brothers were returned to them. But it is not correct to think that the Emigrants had this share in the fai only at that time. In fact, the intention of the verse is to point out that till Resurrection it is the duty of the Islamic government of the country to settle the people who are exiled and compelled to take refuge in it because of being Muslims and to enable them to stand on their feet economically; and it should spend on this head also from the fai properties besides the zakat funds.
Desc No: 17 This implies the Ansar. In other words, not only arc the Emigrants entitled to fai but those Muslims also are entitled to receive thair share from it, who were already living in the abode of Islam (Madinah).
Desc No: 18 This is in praise of the Ansar, the Muslims of Madinah. When the Emigrants came from Makkah and other places to their city, they offered their gardens and oases to the Holy Prophet (upon whom be Allah's peace) with the request that he distribute them among their emigrant brethren-in-faith. The Holy Prophet said: "These people do not know gardening: they have come from a region where there are no gardens. Could it not be that you (the Ansar) continue to work in the gardens and oases and make the Emigrants partners in the produce? The Ansar submitted: `We have heard and obeyed'." (Bukhari, Ibn Jarir). Thereupon the Emigrants said: "We have never seen any people so self-sacrificing as the Ansar, for they would work and labour and make us partners in the produce. We think they would thus be entitled to all spiritual rewards. The Holy Prophet (upon whom be Allah's peace) said: "Nay, as long as you would praise them and pray for their well-being, you also would get your rewards. " (Musnad Ahmad). Then, when the territory of the Bani an-Nadir was taken, the Holy Prophet made this proposal to the Ansar: "Now one way of managing it is that your properties and the gardens and the oases left by the Jews be combined together and then the whole distributed among you and the Emigrants." the second way is that you take back your properties, and the lands vacated by the Jews be distributed among the Emigrants. " The Ansar said: "Sir, you may please distribute these evacuee properties among the Emigrants and may give them of our properties also as you please. " At this Hadrat Abu Bakr cried out: "May Allah reward you, O assembly of the Ansar, with the best of everything!" (Yahya bin Adam. Baladhuri). Thus, with the willing consent of the Ansar the properties left by the Jews were distributed only among the Emigrants, and from among the Ansar only Hadrat Abu Dujanah, Hadrat Sahl bin Hunaif snd (according to some) Hadrat Harith bin as-Simmah were given shares, for they were poor people. (Baladhuri. Ibn Hisham Ruh al-Ma ani. The same self-sacrificing spirit was shown by the Ansar when the territory of Bahrain was annexed to the Islamic State. The Holy Prophet (upon whom be Allah's peace) wished that the conquered lands of that territory be given to the Ansar, but they submitted: "We would not take any share from it unless a similar share was given to ow emigrant brothers." (Yahya bin Adam). Allah has praised the Ansar for this-very spirit of self-sacrifice.
Desc No: 19 The word used here means "are saved" and not "were safe", for without Allah's help and succour no one can attain to the wealth of the heart (liberal-mindedness) by his own power and effort. This is a blessing of God, which one can attain only by God's bounty and grace The word shuhh is used for stinginess and miserliness in Arabic. But when this word is attributed to the self of matt it becomes synonymous with narrow-mindedness, niggardliness, meanspiritedness and small-heartedness, and not mete stinginess: it is rather the root cause of stinginess itself. Because of this very quality man avoids acknowledging even the good qualities of another, not to speak of recognizing his rights and discharging them. He wants that he alone should gather up everything in the world, and no one else should have anything of it. He never feels content with his own right. but usurps the rights of others, or at least wants to have for himself all that is good in the world and should not leave anything for others. On this very basis one's being saved from this evil has been described in the Qur'an as a guarantee for success. The Holy Prophet (upon whom be Allah's peace) has counted it among the most evil qualities of man which are the root cause of corruption and mischief. Hadrat Jabir bin `Abdullah has reported that the Holy Prophet said: "Avoid shuhh for it was shuhh which ruined the people before you. It incited them to shed each other's blood and make the sacred and forbidden things of others lawful for themselves. " (Muslim, Musnad Ahmad, Baihaqi, Bukhari in Al-Adab). The tradition of Hadrat 'Abdullah bin 'Umar contains the following words: "It led them to commit wickedness and they committed it; it commanded them to commit sins and they committed sin; it urged them to break off all connections with the kindred and they broke off all connections with them. " (Musnad Ahmad, Abu De ud Nasa i). Hadrat Abu Hurairah has reported that the Holy Prophet said. "Faith and shuhh of the self cannot combine in one and the same heart. " (Ibn Abi Shaibah, Nasa '% Baihaqi in Shu ab al-Iman, Hakim). Hadrat Abu Sa'id Khudri has stated that the Holy Prophet said: "Two of the qualities are such that they cannot combine in a Muslim: stinginess and misbehaviour." (Abu Da'ud. Tirmidhi Bukhari in AI-Adab)- It is as a result of t us very teaching of Islam that, apart from individuals, the Muslim people as a nation are still the most generous and liberal. minded people in the world. There are millions and millions of Muslims living side by side with those non-Muslim people from among whom they sprung who have become proverbial for their narrow-mindedness and miserliness. The clear distinction existing between the two peoples in respect of liberal-mindedness and miserliness cannot be explained in any other way than that it is the moral teaching of Islam that has made the Muslims so large-hearted and liberal-minded.
Desc No: 20 In the injunctions laid down up to here, it has been ruled that; in the fai properties there arc the rights of Allah and His Messenger and the Messenger's relatives an the orphans and the indigent and the wayfarers and the Emigrants and the Ansar and of the Muslim generations which will be born till the. Day of Resurrection. It is this important legal ruling of the Qur'an in the light of which Hadrat 'Umar(may Allah be pleased with him) introduced the new system in respect of the lands and properties of the conquered territories of 'Iraq, Syria and Egypt and of the possessions of the previous governments and rulers of those countries. When these countries were conquered; some of the distinguished Companions among whom were included prominent men like Hadrat Zubair, Hadrat Bilal, Hadrat 'Abdur Rahman bin 'Auf and Hadrat Salman Farsi, insisted that these should be distributed among the armies who had fought and conquered them. They thought that those properties did not come under "those upon which you have not rushed your horses and camels," but the Muslims had conquered them by rushing their horses and camels on them. Therefore, except for those cities and territories which surnndcred without the war, all the rest of the conquered (ands carne under ghanimah for which the legal command is that onefifth of the lands and the people be given to the Public Treasury and the remaining four parts be distributed among the soldiers. But this opinion was not correct on the ground that the Holy Prophet (upon whom be Allah's peace) had not distributed the lands and the people of any territory conquered by fighting in his time after the deduction of one-fifth, like the booty. Two of the most conspicuous precedents of his time were the conquest of Makkah and the conquest of Khaiber. Of these he handed over Makkah intact to its inhabitants. As for Khaiber, according to Hadrat Bushair bin Yasar, he divided it into 36 parts, of which he set aside 18 parts for collective benefits and requirements of the Muslims and distributed the remaining 18 among the army. (Abu Da'ud, Baihaqi, Abi 'Ubaid: Kitab al-Amwal; Yahya bin Adam: Kitab al-Kharj Baladhuri: Futuh al-Buldan; Ibn Human: Fath a/-Qadir). This action of the Holy Prophet made it clear that the command in respect of the conquered lands, even if they might have been taken by fighting, is not the same as of the ghanimah otherwise he would never have given the whole of Makkah intact to the people of Makkah, and would have set aside exactly one-half of the properties of Khaiber for the common benefits of the Muslims instead of deducting its one-fifth for the Public Treasury. Thus, what was established on the basis of the Sunnah was: In respect of the territories conquered by fighting the ruler of the Muslims has the authority that he may take any decision that he dreams fit keeping in view the conditions of the time. He can distribute them if he so likes but if a territory has an unusual nature and importance, as Makkah had, he can also treat its inhabitants with favour, as the Holy Prophet treated the people of Makkah.
But as the conquests had not yet become comman in the Holy Prophet's time and separate injunctions in respect of the different kinds of conquered territories had not yet become clearly known to the people, so when big countries were annexed to Islam in the tune of Hadrat 'Umar, the Companions were faced with the problem whether the territories conquered by force were in the nature of ghanimah or fat. After the conquest of Egypt Hadrat Zubair demanded: "Distribute this, whole land just as the Holy Prophet had distributed Khaiber. " (Abu 'Ubaid). About the conquered territories of Syria and 'Iraq, Hadrat Bilal insisted: "Distribute all the lands among the fighting forces just as the spoils are distributed. '(Abu Yusuf, Kitab al-Kharaj On the other hand, Hadrat 'AIi gave this opinion: "Leave these lands in possession of the peasants so that they continue to remain a source of income for the Muslims." (Abu Yusuf, Abu 'Ubaid,). Likewise, the opinion of Hadrat Mu'adh bin Jabal was; "If you distributed these lands, evil consequences would occur. Because of this distribution large properties will pass into the hands of those few people, who have conquered them. Then, when these people pass away and their properties pass on to their heirs and there is left only one woman or only one man from among them, nothing might remain for the future generations to meet their needs and even to meet the expenses of safeguarding the frontiers of the Islamic State. Therefore, you should so settle things that the interests both of the present and of the future generations are equally safeguarded." (Abu `Ubaid, p. 59; Fath al-Bari, vol. vi, p. 138). Hadrat `Umar calculated and found that if the territories of `Iraq were distributed, each individual would receive two or three peasants on the average as his share, (Abu Yusuf. Abu 'Ubaid). Thereupon he arrived at the judicious conclusion that those territories should not be distributed. Thus, the replies that he gave to those who demanded their distribution, were as follows:
¦Do you want that for the people who come afterwards there should remain nothing?" (Abu 'Ubaid).
"What will happen of the Muslims who cane afterwards when they find that the land along with its peasants has been distributed and the people have inherited their forefathers? This is not at all just. " (Abu Yusuf.
"What will be left for the Muslims who cant after you? I am afraid if I distribute it, you would fight among yourselves over water. " (Abu Yusuf.
"Had I no thought for those who would come afterwards, I would distribute every territory that I conquered just as the Messenger of Allah had distributed Khaiber." (Bukhari Muwatta, Abu 'Ubaid),
"Nay: this is the real estate. I will withhold it so that the needs and requirements of the conquering forces and of the common Muslims continue to be met by it." (Abu 'Ubaid).
But the people were not satisfied with these replies, and they started saying that he was being unjust. At la
59.10. And those who came (into the faith) after them say: Our Lord Forgive us and our brethren who were before us in the faith, and place not in our hearts any rancor toward those who believe. Our Lord! Thou art Full of Pity, Merciful. (Pickthall)
59.10. Und diejenigen, die nach ihnen gekommen sind, sie sagen: "Unser Herr, verzeihe uns und unseren Brüdern, die uns vorausgegangen sind mit dem Glauben, und mache nicht in unseren Herzen einen Groll gegen diejenigen, die glauben, unser Herr, Du bist ja gütig, barmherzig." (Ahmad v. Denffer)
59.10. Und diejenigen, die nach ihnen gekommen sind, sagen: "Unser Herr, vergib uns und unseren Brüdern, die uns im Glauben vorausgegangen sind, und lasse in unseren Herzen keinen Groll sein gegen diejenigen, die glauben. Unser Herr, Du bist ja Gnädig und Barmherzig." (Bubenheim)
59.10. Die Gläubigen, die nach ihnen kamen, sagen: "Gott verzeihe uns und unseren Brüdern, die uns im Glauben vorangegangen sind! Laß uns keinen Neid gegen die Gläubigen empfinden! Unser Herr, Du bist mitleidvoll und barmherzig." (Azhar)
59.10. Und diejenigen, die nach ihnen kamen, sagen: „Unser HERR! Vergib uns und unseren Geschwistern, die vor uns den Iman verinnerlichten, und lasse in unseren Herzen 3 keinen Groll sein für diejenigen, die den Iman verinnerlichten. Unser HERR! Gewiß, DU bist allgütig, allgnädig.“ (Zaidan)
59.10. Diejenigen aber, die nach ihnen (nach Medina) gekommen sind, sagen (in geziemender Bescheidenheit): "Herr! Vergib uns und unseren Brüdern, die uns im Glauben zuvorgekommen sind, und laß nicht zu, daß wir in unserem Innern gegen die (alten) Gläubigen Gehässigkeit empfinden! Herr! Du bist (ja) mitleidig und barmherzig." (Paret)
59.10. Und diejenigen, die nach ihnen kamen, sagen: "Unser Herr, vergib uns und unseren Brüdern, die uns im Glauben vorangingen, und laß in unsere Herzen keinen Groll gegen die Gläubigen. Unser Herr! Du bist wahrlich Gütig, Barmherzig." (Rasul)