النص المفهرس

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Surah Al-Baqarah 2 : 177
Imam Al-Jassas has suggested the likelihood that all three
meanings may be inclusive in the statement. It may be noted that, at
this place, two forms of spending have been stated earlier which are
other than Zakah. Zakah has been taken up after these two. Perhaps,
the reason for this earlier mention could be the general negligence
practiced in the liquidation of these rights on the assumption that the
payment of Zakah is sufficient.
This proves that financial obligations do not end at the simple
payment of Zakah. There are occasions, other than those of paying
Zakah, where spending out of one's wealth becomes obligatory and
necessary (Jassas and Qurtubi). For instance, spending on your kin, when
they have a valid excuse of not being able to earn their own living, is
necessary; or there may be some needy person dying in poverty while
you have already paid your Zakah, then, it becomes obligatory for you
to save his life by spending your wealth on the spot.
Similarly, building mosques and schools for religious education are
all included in financial obligations. The difference is that Zakah has
a special law of its own and it is obligatory to take full care in paying
the Zakah in accordance with that law, under all conditions. While
these other obligations depend on necessity and need; where needed,
spending would become obligatory and where not needed, it will not be
obligatory.
Special Note
A careful look at the text of the verse will show that those on whom
wealth has to be spent, that is, the relatives, orphans, the needy, the
wayfarer and those who ask, have all been described in one distinct
manner, while the last head on the list has been introduced in another
manner. It is clear that by adding 2; : fi in : G", "And (spends) in
(freeing) slaves" the purpose is to point out that the amount spent will
not reach the hands of the slaves owned by somebody as their personal
amount which they can spend at will. Instead, the amount has to be
spent in buying slaves from their masters and setting them free.
Hence, the translation: 'And (spends) in (freeing) slaves.' After that,
the statement, ◌َأَقَامَ الصَّلُوَةَ وَأَتَى الزَّكُوَة :"And observes the prayers and pays the
Zakah" appears in the same manner as everything else has been
mentioned earlier. Now, in order to introduce the chapter of dealings,

445
Surah Al-Baqarah 2 : 178 - 179
the style has been changed. And instead of using verbs, the nouns
have been used. This denotes that one should have a continuing habit
of fulfilling promises made. A chance fulfillment of a compact,
something even a disbeliever or a sinner would accomplish once in a
while is not enough to qualify a person for being included in the list.
The reason why the keeping of promises has been chosen to
represent dealings with people is simple. A little thought would show
that staying by a contract entered into or the fulfilling of a promise
made, is the essence of all dealings, such as buying and selling,
leasing, renting and partnership.
Similarly, while referring to the moral principles or the inner
deeds, only sabr (patience) is mentioned in the verse, because sabr
means to control the human self and guard it against evil. Even a little
reflection can lead to the conclusion that sabr is the very essence of all
inner deeds; through it, high morals can be achieved and through it,
low morals can be eliminated.
Yet another change in style made here concerns the use of the
word ◌َوَالصَّابِرِين and not ◌َوَالصَّابِرون on the pattern of ◌َوَالمُوَفُون which appeared
immediately earlier. Commentators call it zul le us : nasb 'ala l'madh
which means that the word madh (praise) is understood here and the
word al-sabirin is its object. This means that among the righteous, the
sabirin (the patient) are worthy of special praise since sabr gives one
special power to perform righteous deeds.
In short, this verse holds in its fold important principles of all
departments of Faith and its eloquent hints tell us the degree of
importance of each one of them.
Verses 178 - 179
◌َيُّهَا أَلَّذِيْنَ أُمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِى الْقَتْلُىِّ الْحُرُّ
بِالُّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنُفِى بِالْأُنْفِئُ فَمَنْ عُفِىَ لَهْ مِنْ أَخِيْهِ
شَىءٌ فَاتِّبَاحٌ بِالْعُرُوفِ وَاَدَاءُ إِلَيْهِ بِحْسَانٍ ذَلِكَ تَخْفِيْفٌ مِّنُ
تَتِكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدِى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيُمْ ) وَلَكُمْ
فِى الْقِصَاصِ حَيْوَةٌ فَأَوْلِى الْأَلْبَابِ لَعَلَّكُمُ تَتَّقُونَ ﴾

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Surah Al-Baqarah 2 : 178 - 179
O those who believe, the Qisas has been enjoined upon
you - freeman for a freeman, slave for a slave and
female for a female. If one is then forgiven something
by his brother, then there is pursuing as recognized
and payment to him in fairness. That is a relief from
your Lord, and mercy. So, whoever exceeds the limit
after all that, for him there is painful punishment. And
vested in the Qisas, there is life for you O people of
wisdom, perhaps you will be God-fearing. (Verses 178 -
179)
From the brief introduction to the nature of righteousness
appearing in verses before this, the text now enters into the
description of related subsidiary injunctions. Under the first
injunction in this connection, the verse prescribes the law of Qisas
(even retaliation), that is, the killer will be killed, irrespective of the
status of the parties involved. If the aggrieved party somewhat relents
on its own and forgives the Qisas, but does not forgive the offence
totally, it will become necessary for the killer to pay diyah (2s) or
blood-money as fixed, in a fair manner, and promptly. The claimant
too, should pursue the matter in a recognized manner causing no
harassment to the defendant. This law of blood-money and pardon is
a relief granted by Allah Almighty in His grace, otherwise, there
would have been no choice but to face the punishment of death. If,
after all that, anyone crosses the limit set by Allah, such as, the filing
of a false or doubtful case of murder, or a post-pardon re-opening of a
murder case, he will be severely punished. In the end, the verse points
out that wise people should have no difficulty in seeing that the law of
even retaliation does not take life, instead, it gives life, for such a
deterrent law will make people fear the punishment of killing
somebody and thus lives will be saved.
There is life in 'Qisas'
Literally, the word, Qisas means likeness. In usage, it denotes
'even retaliation' or to return like for like. In Islamic juristic
terminology, Qisas means the equal retaliation of an aggression
committed against the body of a person. This retaliation is allowed
only with a condition that the principle of "like for like" is strictly

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Surah Al-Baqarah 2 : 178 - 179
observed. This has been explained more clearly later on in verse 194 of
this very Surah which says:
فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمُ
So, agress against him in the like manner as he did against you.
And also in the concluding verses of Surah al-Nahl, the same rule
has been covered:
وَإِن ◌َاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا هُوْقِبْتُمْ بِ؛
And, if you retaliate, then retaliate just as you have been op-
pressed against. (16:126)
Therefore, as a term of the Shari'ah, the Qisas is a punishment for
killing or wounding in which the principle of equality or likeness is
taken into full consideration.
Rulings
1. The principle of even retaliation is applied exclusively in cases of
culpable homicide when someone has been killed intentionally with a
lethal weapon causing injury and blood-loss.
2. In a homicide of this nature, the killer is killed in even
retaliation - 'free man for a free man, slave for a slave, and female for
a female - and similarly, a man for a woman. The mention of 'free man
for a free man' and 'female for a female' in this verse refers to a
specific event in the background of which it was revealed.
On the authority of Ibn Abi Hatim, Ibn Kathir has reported that,
just before the advent of Islam, war broke out between two tribes.
Many men and women, free and slaves, belonging to both, were killed.
Their case was still undecided when the Islamic period set in and the
two tribes entered the fold of Islam. Now that they were Muslims,
they started talking about retaliation for those killed on each side.
One of the tribes which was more powerful insisted that they would
not agree to anything less than that a free man for their slave and a
man for their woman be killed from the other side.
It was to refute this barbaric demand on their part that this verse
was revealed. By saying 'free man for a free man, slave for a slave and
female for a female' it is intended to negate their absurd demand that
a free man for a slave and man for a woman should be killed in

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Surah Al-Baqarah 2 : 178 - 179
retaliation, even though he may not be the killer. The just law that
Islam enforced was that the killer is the one who has to be killed in
Qisas. If a woman is the killer why should an innocent man be killed
in retaliation? Similarly, if the killer is a slave, there is no sense in
retaliating against an innocent free man. This is an injustice which
can never be tolerated in Islam.
This verse means nothing but what has been stated earlier, and we
repeat, that the one who has killed will be the one to be killed in Qisas.
It is not permissible to kill an innocent man or someone free for a
killer, woman or slave. Let us hasten to clarify that the verse does
not mean that Qisas will not be taken from a man who kills a woman
or from a free man who kills a slave. In the very beginning of this
verse the words القِصَاصُ فِى القتلى :"The Qisas has been enjoined upon you
in the case of those murdered" are a clear proof of this universality of
application. There are other verses where this aspect has been stated
more explicitly, for instance, in ◌ِالنفْسُ بِالنَّفْس (the person for the person).
3. If, in a case of intentional killing the murderer is given full
pardon, for instance, should both of the two surviving sons of the
deceased pardon and forego their right of retaliation, the killer is free
of any claim against him. In case the pardon is not that full, for
instance, as illustrated above, one of the two surviving sons does
pardon the killer while the other does not, the result will be that the
killer will stand released right there from the retaliatory punishment,
but the one who has not pardoned the killer will be entitled to half of
the blood-money (diyah). In Shari'ah, this diyah amounts to one
hundred camels or one thousand dinars or ten thousand dirhams or
approximately nineteen pounds of silver according to current weights
and measures.
4. The way an incomplete pardon makes payment of blood-money
necessary, in the same manner, a mutual settlement between parties
concerned on a certain amount makes retaliation inapplicable and
payment of the agreed amount becomes necessary. This, however, is
governed by some conditions which appear in books of figh.
5. Under the Islamic law, the inheritors of the person killed,
whatever their number, will inherit and own the right of retaliation
and blood-money in accordance with their share in the inheritance. If

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Surah Al-Baqarah 2 : 180 - 182
blood-money is taken, it will be distributed among the inheritors in
accordance with their share in the inheritance. And should Qisas
(even retaliation) become the choice, the right of Qisas will also be
commonly shared by all. Since Qisas is indivisible, the pardon given
by any one of the inheritors will hold good and the pardon will become
inclusive of the right of retaliation held by other inheritors. However,
they shall receive the blood-money amount according to their share.
6. It is true that the right of even retaliation is vested in the legal
heirs of the persons killed but, in accordance with the consensus of the
Muslim community, they do not have the right to settle the score all by
themselves, in other words, they cannot kill the killer on their own,
instead, they have to seek the help of a Muslim ruler or his deputy to
realize their right. The reason is that Qisas is an intricate issue when
it comes to details which are simply out of reach for an average person.
Therefore, the legal heirs of the person killed, not knowing the
particular circumstances when retaliation does, or does not become
necessary, may commit some sort of excess under the heat of their
anger. So, by a unanimous agreement of the scholars of the Muslim
community, it is necessary that the right of retaliation be secured and
made effective through the agency of an Islamic government. (Qurtubi)
Verses 180 - 182
كُتِبَ عَلَيْكُمْ إِذَا حَضَّرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْرَانِ الْوَصِيَةُ
لِلْوَالِدَيْنِ وَالَّ قْرَبِيْنَ بِالْعُرُوفِْ حَقًّا عَلَى الْمُتَقِيْنَ ) فَمَنْ)
بَدَّلَهَ بَعْدَ مَاسَمِعَّهْ فَِتَّ إِثْمُهَ عَلَى الَّذِيْنَ يُبَّدِّلُؤْنَهُ إِنَّ اللَّهَ
سَمِيْعٌ عَلِيمٌ ) فَمَنْ خَافَ مِنْ تُوْرصِ جَنَفًا أَوُ إِثُمَّا فَأَصْلَحَ
بَيْنَهُمْ فَلاَ إِثْمَ عَلَيْهِ إِنَّ اللّهَ غَفُورٌ رَّحِيمٌ )
It is enjoined upon you, when death probes anyone of
you and he leaves some wealth, to bequeath for the
parents and the nearest of kin in the approved manner,
being an obligation on the God-fearing. Then, whoever
changes it after he has heard it, its sin will only be on
those who change it. Surely, Allah is all-hearing,
all-knowing. But, whoever apprehends slant or sin
from a testator and puts things right between them,

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Surah Al-Baqarah 2 : 180 - 182
then there is no sin on him. Surely, Allah is Forgiving,
Merciful. (Verses 180 - 182)
The Qur'anic view of making will
Literally, al-wasiyyah means an order to do something, either in
the lifetime of the maker of wasiyyah or after his death. But, in
commonly accepted usage, it refers to what must be done after death.
It can be translated as the will or bequest.
Out of the many meanings the word khayr has in Arabic, 'wealth'
happens to be one of them, for instance, in the verse 2 23 3.5,
(Surely he is passionate in his love for good things) where, according to
the unanimous agreement of commentators, 'khayr' means 'wealth'.
In early Islam, when shares in inheritance were not fixed by the
Shari'ah, the rule was that a dying person could make a will within
the one third of inheritance, leaving behind in the name of his parents
and relatives in whatever proportion he chose. This much was their
right; the rest went to children. This injunction appears here in this
verse.
The making of a will made obligatory for one who is leaving behind
some wealth has three aspects:
1. No shares except those of children are fixed for any other
inheritors in what is being left by the dying person. These are
to be determined through the will made by him.
2. Making a will for such relatives is obligatory on the dying
person.
3. Making a will for more than one third of the inheritance is not
permissible.
Out of these three injunctions, the first one was abrogated by the
'verse of inheritance' as determined by most of the Companions and
their immediate successors. Ibn Kathir has reported from the blessed
Companion, 'Abdullah ibn 'Abbas that this injunction was abrogated
by the 'verse of inheritance' which is as follows:
لِلِّجَالِ نَصِيُب ◌ِّمَا تَرُكَ الْوَالِدْنِ وَالْآَقْرَبُوُنَ وَلِلِنِّسَاءِ نَصِيُبَ ◌ّمَا تَرَكَ الْوَالِدُنِ
وَالََّقْرَبُوْنَ مَّاقَلَّ مِنَّهُ أَوْكَثُرَ نَصِيْبًا كَفْرُوْضًا 0
For men there is a share in what the parents and the nearest

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Surah Al-Baqarah 2 : 180 - 182
of kin have left, and for women there is a share in what the
parents and the nearest of kin have left, be it is small or large
- a determined share. (4:7)
In another narration of the hadith from him it has been said that
the 'verse of inheritance' has abrogated the making of will in the name
of those who have a fixed share in the inheritance, while the
injunction to make a will in favour of those relatives who do not have
a share in the inheritance still holds good. (Jassās, Qurtubi)
It should, however, be borne in mind that according to the
consensus of the Muslim Ummah it is not obligatory on the dying
person to necessarily make a will in favour of relatives who have no
fixed shares in the inheritance. Therefore, the obligatory character of a
wasiyyah in their favour is also abrogated (Jassas, Qurtubi). Now, making a
will in favour of such relatives is only a desired (mustahabb) act, and
that, too, is subject to their need.
Now the second injunction regarding the obligation of making a
will also stands abrogated in accordance with the consensus of the
Muslim ummah. It was abrogated by that famous hadith (al-hadith
al-mutawatir: the veracity of which stands ensured through an
uninterrupted chain of transmitters from many sides who are unlikely
to agree on a lie) which was part of the sermon delivered before some
one hundred and fifty thousand Companions on the occasion of his last
Hajj when he said:
ان الله اعطى لكل ذى حق حقه فلا وصية لوارث (أخرجه الترمذي وقال حديث حسن صحيح)
Allah has Himself given everyone, who has a right, his right.
So, there is no will for any inheritor. (Tirmidhi)
The same hadith, as narrated by Sayyidna ibn 'Abbas ais algo,,
has the following additional words:
لاوصية لوارث الا ان تجيزه الورثة
There is no will for any inheritor unless all inheritors permit.
The essence of the hadith is that Allah Almighty has Himself fixed
the shares of the inheritors, therefore, the executor need not make a
will anymore, in fact, he does not even have the permission to make a
will in favour of an heir; however, should other inheritors allow the
enforcement of such a will, it will then be permissible.

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Surah Al-Baqarah 2 : 180 - 182
Imam Al-Jassās says that this hadith has been reported from a
group of the blessed Companions and the jurists of the Muslim
community have accepted it unanimously, therefore, this is an
uninterruptedly ensured hadith which makes the abrogation of the
verse of the Qur'an permissible.
Imam Al-Qurtubi has said that the scholars of the Muslim
community unanimously agree that an injunction which comes to us
through the Holy Prophet y and we know about it with full certitude,
as is the case with mutawatir and mashhur reports, it will be at par
with the injunction of the Holy Qur'an and will have to be taken as the
command of Allah Almighty. Therefore, the abrogation of some verse
of the Holy Qur'an from a hadith of this kind is no case for doubt.
Although the hadith which invalidates a will in favour of an heir is a
solitary report, (Al-Khabar al-Wahid), however, the fact that this
hadith comes from the sermon of the last Hajj of the Holy Prophet
when he openly proclaimed this before the largest ever gathering of
the blessed Companions, and then their consensus and the consensus
of the Muslim community make it clear that this hadith is, according
to them, absolutely proven, otherwise in the presence of the slightest
doubt, they would have never abandoned the verse of the Qur'an and
agreed to this abrogating command through the hadith.
The third injunction stills holds good with the unanimous approval
of the Muslim ummah in which it is not permissible to bequeath more
than one-third of what one leaves behind. However, should the
inheritors allow the bequest of more than one third, even the whole of
what one leaves behind, it shall be permissible.
Rulings
1. As stated earlier, now making a will is not necessary to cover
relatives whose shares have been fixed by the Holy Qur'an. In fact,
this is not permissible without the permission of other inheritors.
However, relatives who do not hold a legal share in the inheritance
can be bequeathed upto one third of the total.
2. In this verse a particular will was mentioned which was to be
made by a dying person about what he left behind. This stands
abrogated. But, making a will is still necessary, specially for a person
who owes to others or holds something in trust. He should make sure

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Surah Al-Baqarah 2 : 183 - 184
that these are taken care of in his will. The Holy Prophet @ has said
in a hadith that a person who has some rights of other people due
against him, then, he should not let three nights pass on him by which
he does not have his written will with him.
3. As for the right to make a will covering the one-third of his
property, one has the right to make some change in this will or cancel
it totally during his life time.
Verses 183 - 184
فَأَيُّهَا الَّذِيْنَ أُمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى
الَّذِيْنَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ ﴿ آَيَّامًا تَّعْدُوُدُتِ فَمَنْ كَانَ
مِنْكُمُ تَرِيْضًا أَوْعَلَى سَفَرٍ فَعِدَّةٌ مِنْ آَّامٍ أُخَرَ،وَ عَلَى الَّذِيْنَ
يُطِيُقُونَهُ فِدْيَةً طَعَامُ مِسْكِيْنٍ* فَمَنْ تَطَوَّعَ خَيْرًا فَهُوَ خَيْوَ لَهً
وَأَنْ تَصُوُمُوا خَيْرٌلَّكُمُ إِنْ كُنْتُمَّ تَعْلَمُوْنَ 0
O those who believe, the fasts have been enjoined upon
you as were enjoined upon those before you so that you
be God-fearing. Days (of fasting are) few in number.
However, should anyone of you be sick or on a journey,
then a number from other days. And those who have
the strength, on them there is a ransom: the feeding of
a poor person. Then whoever does good voluntarily,
that is better for him. And that you fast is better for
you, if you know. (Verses 183 - 184)
Commentary
Literally, Sawm means 'to abstain'. In the terminology of Islamic
law, Sawm means 'to abstain from eating, drinking and sexual inter-
course; with the conditions that one abstains continuously from dawn
to sunset, and that there is an intention to fast'. Therefore, should one
eat or drink anything even a minute before sunset, the fast will not be
valid. Similarly, if one abstained from all these things throughout the
day but made no intention to fast, there will be no fast here too.
Sawm or 'fasting' is an 'ibadah, an act of worship in Islam,
regarded as its pillar and sign. The merits of fasting are too numerous
to be taken up at this point.

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Surah Al-Baqarah 2 : 183 - 184
Past communities and the injunction to fast
The verse makes it obligatory for the Muslims to fast in a specified
period, but the command in this respect has been accompanied by the
statement that the obligation of fasting is not peculiar to them. The
fasting had also been enjoined upon the earlier Ummahs (communities
of the past prophets). The reference to the earlier Ummahs in the
verse shows the importance of fasting on the one hand, and gives an
encouragement to the Muslims on the other. It indicates that although
there may be some inconvenience in fasting but the same inconven-
ience was also faced by the earlier communities. This brings a psycho-
logical comfort to the Muslims, because if an inconvenience is faced by
a large number of people, it becomes easier to bear. (Rūp al-Ma'ani)
The words of the Qur'an, 'Als? ¿ wi (those before you) have been
used in a general sense including all religious communities from
Sayyidna Adam to the last of the Prophets . This tells us that, like
Salah, fasting has also been enjoined upon every Ummah of every
prophet without an exception.
Commentators who interpret ses & (before
23 3 (before you) to mean 'the
Christians' take it just as an example, not aiming to exclude other
communities. (Rūņ al-Ma'ani)
The verse simply says that fasts have been enjoined on Muslims as
were enjoined on past communities. From this it does not necessarily
follow that the fasts enjoined upon the earlier communities were fully
indentical in all respects with the fasts enjoined upon this Ummah.
There may have been differences in the number and the timings of the
fasts etc. and, actually, there has been such a difference. (Ruh al Ma'ani)
By saying 3 sis (so that you be God-fearing), the text has
pointed out to the inherent quality of fasting which contributes
significantly to one's ability to become abstaining from the sins and
God-fearing. Fasting grows into man a power which helps him control
his desires, which is really the foundation of Taqwa, the very special
term of the Holy Qur'an which has been tentatively translated as fear
of God, abstinence, and the warding of evil.
Fasting When Sick
Verse 184 gives concession in the matter of fasting to a 'sick'

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Surah Al-Baqarah 2 : 183 - 184
person and to a person 'on journey'. The word 'sick' used here refers to
a person who cannot fast without an unbearable hardship or has
strong apprehension that his illness will be aggravated. The words
"and (Allah) does not want hardship for you"occuring in the following
verse (185) have a clear indication to this effect. This position is also
accepted by the consensus of the Muslim jurists.
Fasting When In Travel
It will be noticed that while giving concession to a traveller, the
Qur'anic text elects to use the phrase egi (or on a journey) rather
than the word, musafir or 'traveller'. This is to point out that leaving
home and going out is not enough to claim the exemption. The
duration of the travel should be somewhat longer since the expression,
'ala safarin means that one should have 'embarked' on a journey which
does not mean going five or ten miles away from home. But, the
precise duration of this journey has not been mentioned in the words
of the Holy Qur'an. Guided by the statement of the Holy Prophet
and the subsequent practice of his blessed Companions, the great
Imam, Abu Hanifah and many jurists have fixed this distance to be
what can be covered in three days by walking in three daily stages.
The later-day jurists have put it as 48 miles.
The other ruling that comes out from the same phrase, 'ala safarin
is that a traveller who leaves his home shall be entitled to having been
exempted from fasting only upto the time his travel continues. It is
obvious that stopping in between to rest or take care of something does
not cut off his onward travel in the absolute sense, unless his stay be
for a considerable period of time. This very considerable period of time
has been set at fifteen days following a statement of the Holy Prophet
. Anyone who intends to stay at a given place for fifteen days shall
not come under the umbrella of 'ala safarin, therefore, he shall not be
deserving of the leave granted to one on 'a journey'.
Ruling. Right from here comes the ruling that anyone who intends
to stay out for fifteen days, not at one place but at different places and
towns, he shall continue to remain in the status of a 'traveller' and
thereby shall continue to enjoy the concession of being 'on a journey'
because he is in the state of 'ala safarin.

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Surah Al-Baqarah 2 : 183 - 184
Making Qada' of the missed fast
The words of the text, فَعِدَّهُ مِنْ آَيَّامٍ أُخَر literally translated as 'then, a
number from other days' mean that a sick person or a traveller is
obligated to fast during other days making the number match the
number of days he could not fast. The purpose is to tell people that
fasts abandoned because of the compulsion of sickness or journey must
be replaced by making qada' of them. Rather than using a simple
statement to the effect that 'their replacement is on them', the
Qur'anic text has said: 11 enemy which suggests that a sick person or
a traveller will have to make qada' only when the sick person becomes
healthy and the traveller returns home and gets to live on for the
number of days he is required to replace the fasts he missed. So, one
who dies before this happens, qada' of fasts will not remain obligatory
on him, nor will he be required to make a will for the payment of
ransom (Fidyah).
Ruling. In the Qur'anic provision, 'a number from other days',
there is no restriction on gada' fasts, they could be seriatim or random;
the choice is open. Therefore, a person who has missed his fasts for
the first ten days of Ramadan, could first fast in lieu of his tenth or
ninth fast of Ramadan and replace the earlier ones missed later on;
this brings no harm. Similarly, one can fast with gaps at his
convenience which would be quite permissible since the wordings of
the Qur'an in si Crisis (then, a number from other days) leave the
possibility open.
The Fidyah or Ransom for a Missed Fast
The verse وَعَلَى الَّذِينَ يُطِيقُوْنَه means that those who have the strength to
fast and are not restricted by sickness or travel, but do not wish to do
it for some reason, they have the option of paying, in lieu of a fast,
ransom in the form of charity. However, along with this leave, it was
simply added: 'And that you fast is better for you' .
This injunction was valid in the early days of Islam when the
purpose was to familiarize people to fasting. In the verse that follows,
that is, ◌ُفَمَنْ شَهِدَ مِنْكُمُ الشَّهُرَ فَلْيَصْمُه (so, those of you who witness the month
must fast therein), this injunction was abrogated for normal people.
However, according to the consensus of the Ummah, it remained

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Surah Al-Baqarah 2 : 183 - 184
applicable to the people of very old age and to those who suffer from a
permanent illness with no hope of recovery (Jassas and Mazhari).
All Imams of Hadith, such as, al-Bukhari, Muslim, Abu Dawud,
al-Nasa'i, al-Tirmidhi, al-Tabarani and others have reported from the
وَعَلَى الَّذِينَ يُطِيقُوْنَه blessed Companion Salma ibn Akwa: 'When the verse
(and on those who have the strength) was revealed, we were given the
choice of either fasting or paying fidyah for each fast. However, when
the other verse, فَمَنْ شَهِدَ مِنْكُمْ الشَّهْرَ فَلْيَصُمُه (those of you who witness the
month must fast therein), was revealed, this choice was withdrawn
and fasting alone became necessary for those who had the strength.
A long hadith from the blessed Companion, Mu'adh ibn Jabal
Le Algo, reported in the Musnad of Ahmad describes three changes
that came in Salah during the early period of Islam, as well as, three
changes in Sawm. The three changes brought in the injunctions of
fasting are as follows:
When the Holy Prophet & came to Madinah, he used to fast for
three days in a month, and on the tenth of Muharram. Then the
command to observe fasts in the month of Ramadan was revealed.
Under the verse ◌ُكُتِبَ عَلَيْكُمُ الصِّيَام (the fasts have been enjoined upon you),
there was an option either to fast or to pay ransom, with a preference
given to fasting. Then, Allah Almighty revealed the other verse, (those
of you who witness the month must fast therein), which took away the
option given to those who had the strength, and ordained fasting as
the only alternative. However, the command remained valid for the
very old who could pay ransom for fasts they missed.
After these two changes, there was a third change. In the
beginning, the permission to eat, drink and have marital intimacy
after iftar was valid only if one did not sleep after breaking his fast
Sleeping was taken to be an indicator of the beginning of the next fast
in which, naturally, eating and drinking and marital intimacy are
أُحِلَ لَكُمْ لَيْلَةَ الصِّيَامِ الَّفَت ,prohibited. Then, Allah Almighty revealed the verse
's, [, ] (It is made lawful for you, in the nights of fast, to have sex with
your women), which made it permissible to eat, drink and have sex
during the night until the break of dawn. The eating of suhur or sehri
soon after getting up in the early hours of dawn was declared to be the

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Surah Al-Baqarah 2 : 185
sunnah. This is corroborated by ahadith in al-Bukhari, Muslim and
Abu Dawud. (Ibn Kathir)
The amount of Ransom and other rulings
The ransom of one missed fast is half sa' of wheat, or its cost. Half
sa' is equivalent to approximately 1.632 kilograms. After finding out
the correct market price of wheat, the amount should be given to a
poor person which will be the ransom of one missed fast. It should be
borne in mind that this amount should not be given as part of wages
given to those engaged in the service of a mosque or madrasah.
Ruling 1. The amount of ransom for one fast should not be
distributed between two recipients. Similarly, it is not correct to give
the ransom amount for several fasts to one person on a single date.
Although, some scholars permit this, yet, as a matter of precaution, it
is better not to give the ransom amount of several fasts to one person
on one single date. However, if someone does not observe this
precaution, the ransom may be treated as valid. (See Shami, Bayan al-Qur'an,
Imdad al-Fatawa)
Ruling 2. Should someone be in a position that he cannot even
pay the ransom due, he should simply seek forgiveness from Allah
through istighfar and have an intention in his heart that he would pay
it when he can. (Bayan al-Qur'an)
Verse 185
شَهُرُ رَمَضَانَ الَّذِىَ أُنْزِلَ فِيْهِ الْقُرْأْنُ هُدًى لِلنَّاسِ وَ بَيِّنْتٍ مِّنَ
الْهُدَى وَالْفُرْقَانِ فَمَنْ شَهِدَ مِنْكُمُ الشَّهُرَ فَلْيَصُمُهُ وَمَنْ كَانَ
مَرِيْضًا أَوْعَلِى سَفَرٍ فَعِّذَّةٌ مِنْ آَّامٍ أُخْرَهِيُرِيدُ اللّهُ بِكُمُ الْيُسُرَ
وَلَ يْرِيِّدُ بِكُمْ الْعُسِّرَ وَلِتُكْمِلُوا الْعِدَّةَ وَلِتُكَبِّرُوا اللّهَ عَلى
مَاهَذُكُمٌ وَلَعَلَّكُمُ تَشْكُرُوُنَ 0
The month of Ramadan is the one in which the Qur'an
was revealed as guidance for mankind and with vivid
features of (earlier) guidance and the Criterion (of
right and wrong); so those of you who witness the
month must fast therein and should anyone be sick, or
on a journey, then, a number from other days. Allah
wants ease for you and does not want hardship for you.

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Surah Al-Baqarah 2 : 185
And all this because you may complete the number
and proclaim the Takbir of Allah for having guided you
and that you be grateful. (Verse 185)
The merits of the month of Ramadan
The present verse is an extension of the previous brief verse and
also an assertion of the great merit the month of Ramadan holds in its
fold. This is an extension because the expression cke tti (Days few in
number) in Verse 184 is a bit vague and which has been explained out
in the present verse by saying that those counted number of days
mean the days of the month of Ramadan. As far as the merit of this
month is concerned, it has been said that Allah Almighty has chosen
this month to reveal Scriptures. Consequently, the Holy Qur'an was
revealed in this very month. According to a narration from the blessed
Companion Wathilah ibn Asqa' appearing in the Musnad of Ahmad,
the Holy Prophet & said that Abrahamic scriptures were revealed on
the first of Ramadan, the Torah on the sixth, the Evangile on the
thirteenth and the Qur'an on the twenty fourth of Ramadan. In
another narration from the blessed Companion Sayyidna Jabir, it
appears that Zabur (the Book of Psalms) was revealed on the twelfth
of Ramadan and the Evangile on the eighteenth. (Ibn Kathir)
All previous Books mentioned in the hadith cited above were
revealed on dates given in their entirety. It is a peculiarity of the Holy
Qur'an that it was sent from the Preserved Tablet down to the
Firmament of the Earth in one night of the month of Ramadan, all of
it. But, it was revealed to the Holy Prophet _ gradually during a
period of twenty three years.
The night of Ramadan when the Qur'an was revealed was the
Night of Power as mentioned by the Qur'an itself when it said: 23fc
Pan ici (We have revealed it in the Laylatu l'Qadr, the Night of Power).
The hadith cited above places it on the twenty fourth of Ramadan and
according to Sayyidna Hasan, the Night of Power falls on the night of
twenty fourth which aligns this hadith with the statement of the
Qur'an. Should this alignment be unacceptable, the fact remains that
the statement of the Qur'an is above everything else, in which case,
whatever night is the Night of Power that shall be regarded to be what
the Qur'an intends.

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Surah Al-Baqarah 2 : 185
The next sentence ◌ُمَنْ شَهِدَ مِنْكُمْ الشَّهُرَ فَلْيَصْه (those of you who witness the
month must fast therein) carries many pointers to injunctions relating
to fasting. The word, shahida is derived from shuhud which means
presence. The word, al-shahr means the month. It denotes the month
of Ramadan here which has been identified above. The sentence,
therefore, means that it is obligatory for one who is 'present' in the
month of Ramadan that he fasts throughout that month. The general
choice of paying ransom for not fasting, mentioned in the previous
verse, was concelled by this sentence and fasting is now the only
alternative in force.
As for the 'witnessing' of the month or being 'present' in the month
of Ramadan, it simply means that a person finds the blessed month of
Ramadan with ability to fast. In other words, he or she should be a
Muslim, sane, pubert, resident and well-purified from all impurities
including those of menstruation and childbed. Therefore, the persons
who lacked the initial ability to fast throughout the month, such as,
the disbelievers, the minor, the insane, they are not subject to the
obligation of fasting, because the verse obligating the fasts did not
intend them. As for those who did have the personal ability but were
compelled at some time by a legally acceptable excuse, such as, a
woman in menstruation or childbed, or a sick person or one on a
journey, these have, in a way, found the month of Ramadan in a state
of ability, therefore, the injunction in the verse applies to them.
However, because of temporal compulsion, relief from fasting has been
granted at that particular time, but qada' will be necessary later on.
Rulings
1. The verse tells us that fasts of Ramadan become obligatory only
on the condition that one finds the month of Ramadan in a state of
ability to fulfil the obligation. Therefore, anyone who 'finds' the whole
of Ramadan will come under obligation to fast during the entire month
of Ramadan. Anyone who 'finds' somewhat less of it, he will fast for
the number of days he finds in Ramadan. So, should a disbeliever
embrace Islam in the middle of Ramadan, or a minor becomes pubert,
they will have to fast from that point onwards; they will not do qada'
fasts for the previous days of Ramadan. However, the insane person,
being a Muslim adult, does have the personal ability to observe fasts;

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so, should he regain his sanity during any part of Ramadan, he shall
become obligated to do qada' fasts for the previous days of Ramadan.
Similarly, should a woman in menstruation or childbed become
purified in the middle of Ramadan, or a sick person becomes healthy,
or a traveller becomes a resident, qada fasts for the previous days of
Ramadan will become obligatory on them.
2. How does one 'find' or 'witness' the month of Ramadan?
According to Islamic law, it is proved in either of the three ways:
a) One gets to have a sighting of the Ramadan moon with his own
eyes.
b) The sighting of the moon is proved through some trustworthy
witness.
c) In the absence of the two conditions cited above, thirty days of
the month of Sha'ban will be completed following which the
month of Ramadan will set in.
3. If, on the eve of the twenty ninth of Sha'ban, the new moon is
not visible on the horizon because of clouds or bad weather conditions,
and at the same time, there comes no witness of moon-sighting as
admissible under Islamic law, the next day will be known as the 'day
يوم الشك :'of doubt
y' (yawm al-shakk) because the possibility exists that
the moon may have really been there on the horizon but could not
become visible due to unclear horizon as it is also possible that the
moon was just not there on the horizon. On such a day, since 'the
presence of the month' or the 'finding of Ramadan' or being a 'witness'
to it does not apply, therefore, fasting for that day is not obligatory,
instead, it is makruh (reprehensible) to fast on that day. It has been
forbidden in the hadith so that fard and nafl, (the obligatory and the
supererogatory) do not get mixed up with each other (Jassas).
4. In countries where days and nights extend over months, the
'finding of Ramadan' does not, obviously, seem to apply. The situation
would require that people living there should not fast. As far as Salah
is concerned, al-Huluwani and al-Qabali from among the Hanafi
jurists have ruled that such people will be bound to observe Salah in
accordance with the timings of their own day and night. For instance,
in a country where dawn follows immediately after maghrib, there the

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Surah Al-Baqarah 2 : 186
Salah of 'Isha' will just not be obligatory. (Shami) This makes it
necessary that in an area where the day lasts for six months, people
would have only five Salahs in six months and, for that matter, they
will witness no Ramadan coming there, therefore, fasting will not
become obligatory for them. Maulana Ashraf 'Ali Thanavi has, in
Imdad al-Fatawa, taken this very position.
Note:
In the sentence ◌َمَنْ كَانَ مِنَّكُمْ شَرِيْضًا لَوُعَلَى سَفَرٍ فَعِدَّةٌ مِنْ آَيَّامٍ أُخَر (should anyone be
sick, or on a journey, then, a number from other days), the sick and
the travelling have been granted leave that they may not fast at that
time. When the sick person regains his health and the traveller
returns home, they can make up for the days they missed by doing
gada' fasts. It will be recalled that this injunction had appeared in the
previous verse, but now that the choice of paying fidyah (ransom) for
not fasting has been cancelled, a doubt could creep up in relation to
the concession granted to the sick and the travelling, that it may have
been abrogated as well, therefore, the provision was positively
repeated.
Verse 186
وَإِذَا سَأَلَكَ عِبَادِى عَنِّىُ فَإِنِّىُ قَرِيْبُّ ◌َأُجِيْبُ دَعْوَةَ الََّّاعِ إِذَا
دَعَانِ فَلْيَسْتَجِيبُوا لِىْ وَلْيُؤْ مِنُوْا بِى لَعَلَّهُمْ يَرْشُدُونَ ﴾
And when My servants ask you about Me, of course, I
am near. I respond to the call of one when he prays to
Me; so they should respond to Me, and have faith in Me
so that they may be on the right path. (Verse 186)
Allah is near His servants
Injunctions and merits concerning fasting and Ramadan were
mentioned in three previous verses. This strain continues even after
the present verse when details of fasting and I'tikaf appear in a long
verse. In between, this brief verse has been introduced to persuade
servants of Allah to obey the commands of Allah by recognizing how
He, in His special grace, hears and answers their prayers. There is no
doubt about fasting being a difficult obligation despite many
concessions and permissions. It is to make the trial bearable that

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Surah Al-Baqarah 2:187
special grace has been mentioned - 'I am near My servants. When
they pray, I answer their prayers and take care of what they need.
Under these conditions, it is befitting that servants of Allah should
bear by hardships that come during the performance of given
injunctions. Ibn Kathir has pointed out to another wisdom behind this
sentence appearing in the middle of injunctions of fasting. According
to him, this verse gives a hint that a prayer ( ls :du'a) made at the
completion of a fast is accepted, therefore, one should be very
particular about making prayers at that time. The Holy Prophet
has said:
للصائم عند فطره دعوة مستجابة
The prayer made by one who is fasting at the time of his iftar
is accepted.
This is why the blessed Companion, 'Abdullah ibn 'Umar would
assemble his family members around him at the time of iftar and
would pray.
Ruling
By saying 2,52" (I am near) in this verse, it has been hinted that
prayer should be made slowly and quietly; to raise voice while praying
is not desirable. This is confirmed by the background in which this
verse was revealed. According to Ibn Kathir, a visitor from a village
asked the Holy Prophet : "Tell me if our Lord is near us, then, we
shall pray in a lowered voice; and if He is far, we shall call Him with
raised voices." Thereupon, this verse was revealed.
Verse 187
أُحِلَ لَكُمْ لَيْلَةَ الْضِيَّامِ الرَّفَتُ إِلَى نِسَآَتِكُمْ هُنَّ لِبَاسٌ لَّكُمُ
وَأَنْتُمُ لِبَاسٌ لَّهُنَّ ◌َعَلِمَ اللهُ أَنَّكُمُ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمُ
فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ قَالُتْنَ بَاشِرُوْهُنَّ وَابْتَغُوا مَاكَتَبَ
اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتْ يَتَبَيَّنَ لَكُمُ الْخَيْطَ الْأَبْيَضُ مِنَ
المُخُيُطِ الْأَسْوَدِ مِنَ الْفَجُرِ ثُمَّ اتِعُوا الصِّيَامَ إِلَى الَّبِّ وَلَا