Indexed OCR Text

484
Surah Al-Baqarah 2 : 189 - 191
The expression bjuds y, (and do not transgress) towards the end of
the verse, according to the majority of the commentators means - 'do
not go beyond the limit in fighting as to start killing women and
children'.
As already explained briefly in the opening remarks, the verse 191,
◌َهُ مُعُهُمْ مِنْنٌ حَيْثُ أَخْرُجُوكُمْ ,that is
And kill them wherever you) وَاقْتُلُوُهُمْ حَيْثُ تَقِقُتُمُؤْهُمْ وَأَخِرُهُوُهُمّْـ
find them and drive them out from where they drove you out ... ), was
revealed after the happening at Hudaybiyyah at a time when the Holy
Prophet , decided, in accordance with the condition agreed upon in
the Peace Treaty of Hudaybiyyah, to embark on a journey to Makkah
to perform the qada' of 'Umrah along with his Companions, something
he was stopped from doing a year before by the disbelievers of
Makkah. The noble Companions, on the eve of this projected journey,
had started to worry about the disbelievers who could not be trusted
upon in a peace treaty. If they chose to be aggressive, as they did a
year before, what option are they going to take? Thereupon, the words
used in the present verse gave them the permission to meet the
challenge of their aggression and kill them where they find them. And
if they could, it was permissible for them to drive the disbelievers out
from where they had driven the believers out.
Since Muslims, during their entire Makkan period, were made to
stay away from fighting against the disbelievers and were repeatedly
asked to forego and forgive, so much so, that the noble Companions
were, before the revelation of this verse, under the impression that
killing disbelievers was bad, and prohibited. It was to remove this
misconception that it was said: ◌ِوَالْفِتْنَةُ أَشَدَ مِنَ الْقَتْل :"And Fitnah is more
severe than to kill," that is, it is true that to kill someone is a terribly
evil act, but more terrible and severe is what the disbelievers of
Makkah have done by insisting on their kufr and shirk (infidelity and
the associating of others with Allah) and by stopping Muslims from
fulfillling their religious obligations, and from performing Hajj and
'Umrah. It is to avoid this greater evil that killing them has been
permitted. The word, Fitnah in the verse (not translated for want of a
perfect equivalent in English) inescapably means kufr and shirk and to
prevent Muslims from fulfilling their religious obligations of 'ibadah.
(Jassās, Qurțubi and others)

485
Surah Al-Baqarah 2 : 192 - 195
Since the generality of the words 'kill them wherever you find
them' might lead to the misconception that killing the disbelievers is
allowed even in the precincts of Haram, this generality has been
particularized in the next sentence of the verse by saying:
وَلَا تُقْتِلُوُهُمْ عِنْدَ المُسْجِدِ الْحَرَامِ حَشْ يُقْتِلُؤْكُمْ فِيْهِ
And do not fight them near Al-Masjid al-Haram unless they
fight you there.
That is, 'you should not fight them close to Al-Masjid al-Haram,
which includes all its environs in Makkah, unless they themselves
start fighting you there.'
Rulings
1. In the Haram (the sacred precincts) of Makkah, it is just not
permissible to kill even a bird or animal, let alone the human beings.
However, this same verse tells us that in the event someone starts
killing somebody else within the sacred precincts, then, that other
person is permitted to fight back in defence. There is a consensus of
the jurists on this point.
2. It also comes out from this verse that the prohibition of
initiating Jihad or Qital is restricted to Al-Masjid al-Haram and its
environs to which the sacred precincts extend in Makkah. At other
places, just as the defensive Jihad is necessary, the initiating of Jihad
and Qital is also valid.
Verses 192 - 195
فَانِ انْتَهَوْا فَإِنَّ اللَّهَ غَفُوْ و ◌َرَحِيمٌ ) وَقْتِلْؤُهُمْ حَتْ لَا تَكُوُنَ
فِتْنَةٌ وَيَكُونَ الدِّيْنُ لِلّهِ فَإِنِ انْتَهَوْا فَلَ عُدُوَانَ إِلَّ عَلَى
الْظِلِمِيْنَ ا الشَّهُرُ الْحَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُمْتُ قِصَاصٍُ
فَمَنِ اعْتَدِى عَلَيْكُمُ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمُ
وَاتَّقُوا اللّه وَاعْلَمُوا أَنَّ الّهَ مَعَ الْمُتَّقِيْنِ ) وَأَنَّفِقُوْا فِيُّ
سَبِيْلِ اللَّهِ وَلاَ ثُلُّقُوا بِأَبْدِيِّكُمْ إِلَى الَّهُلُكَةُ وَاحُسِنُوابِنَّ اللَّهَ
يُحِبُّ الْمُحْسِنِينَ ﴾

486
Surah Al-Baqarah 2 : 192 - 195
But if they desist, then indeed, Allah is Forgiving,
Merciful. And fight them until there is no Fitnah any
more, and obedience remains for Allah. But, if they
desist, then there is no aggression except against the
transgressors. The holy month for the holy month, and
the sanctities are subject to retribution. So when
anyone aggresses against you, agress against him in
the like manner as he did against you. And fear Allah
and be sure that Allah is with the God-fearing. And
spend in the way of Allah and do not put yourselves
into destruction. And do good. Of course, Allah loves
those who do good. (Verses 192 - 195)
Commentary
1. When the Holy Prophet & decided to travel to Makkah in the
year 7 A.H. to perform his qada' 'Umrah as envisaged in the peace
treaty of Hudaybiyyah; his Companions who were to accompany him
knew that disbelievers could not be trusted with treaties, or peace. It
was quite possible that they may start fighting. Now, the blessed
Companions had a problem before them. They thought if this fighting
came, it would have to be within the sacred precincts of Makkah,
which is not permissible in Islam. This doubt was answered in Verse
191 by stating that the sanctity of the sacred precincts of Makkah
must certainly be observed by Muslims, but should the disbelievers
start to fight within the sacred limits, then, it is permissible for them
to fight back in defence.
2. The second problem that bothered the noble Companions was
about the month, which was Dhul-Qa'dah, being one of the four known
as the 'sacred months' wherein fighting anyone anywhere was not
permissibe. Now, the Muslims thought if the disbelievers of Makkah
started fighting against them how could Muslims fight a defensive
battle during a 'sacred month'? The verse under reference (194) was
revealed to answer this doubt. The answer is that, the way a state of
defence grants an exception to observing the sanctity of the Haram of
Makkah, in the same manner, it allows an exception to observing the
sanctity of the 'sacred months' also.
Ruling
There are four 'sacred months': Dhul-Qa'dah, Dhul-Hijjah, Muhar-
ram which are consecutive and the fourth is Rajab. Even before Islam,

487
Surah Al-Baqarah 2 : 192 - 195
fighting in these months was considered unlawful and the disbelievers
of Makkah too used to observe their sanctity. Even in the early days of
Islam, right through the year 7 A.H., this law was in force which is
why the noble Companions were perplexed. Later, according to the
consensus of the Ummah, this unlawfulness of fighting was abrogated
and the permission to fight was given, but it is still preferable not to
initiate fighting in these four months without the need to defend.
Therefore, it can be said that the sanctity of the 'sacred months' has
not been abrogated totally, but it holds good like the sanctity of
Haram. Both of them have been subjected to an exception for the the
sake of defence.
Spending for Jihad
The verse 195 introduces the tenth injunction under the theme of
righteousness' which began in Verse 177. So, in وَأَنْفِقُوا في سبيل اللّه :(And
spend in the way of Allah ... ), Muslims have been obligated to spend
money and materials according to the need of Jihad ordered in the
way of Allah. From here, jurists have deduced the ruling that Muslims
have some other financial obligations as well in addition to the
mandatory obligation of Zakah, but these are neither permanent nor
bound by a 'threshold' or quantity, instead, it is obligatory on all
Muslims to provide everything as and when needed. Of course, should
there be no need, nothing remains obligatory. The expenditure on
Jihad is included under this provision.
The literal meaning of the next sentence in this verse Ju (2)
7979
suis as translated in the text are obvious. The verse forbids Muslims
from throwing themselves into destruction by their own choice.
However, the question remains: What does the expression, 'put
yourselves into destruction', mean here? Commentators have
explained it in different ways. The blessed Companion, Abu Ayyub
al-Ansari said: 'This verse was revealed about us. We can explain it
best. It was when Allah gave Islam authority and power, we started
talking that 'Jihad' was not necessary any more, and that we could
stay home and take care of our wealth and property'. Thereupon, this
verse was revealed which made it clear that 'destruction' at this place
means 'the abandonment of Jihad'. This proves that the banishing of
Jihad from Muslim lives is the cause of their degradation and

488
Surah Al-Baqarah 2 : 192 - 195
destruction. This is why the blessed Companion Abu Ayyub al-Ansari
spent his entire life in Jihad, out of Madinah, his home, so much so,
that he met the end of his life in Constantinople (Istanbul), Turkey
and was buried there.
The same approach to the meaning of this verse has been reported
from the earliest authorities in Tafsir, such as, Sayyidna Ibn 'Abbas,
Hudhayfah, Qatadah, Mujahid and Dahhak. Sayyidna Bara' ibn 'Azib
said that to lose hope in the mercy and forgiveness of Allah is to go for
personal destruction voluntarily; therefore, to lose hope in Forgiveness
is forbidden. Others say that exceeding the limit while spending in the
way of Allah so much so that the rights of the family are compromised
thereby, is the act identified as 'putting yourself into destruction'; so,
such excess in expenditure is not permissible. Still others think that
the verse makes it unlawful to throw oneself into an offensive fighting
in a situation when it is already obvious that one will be unable to do
anything against the enemy other than dying at their hands.
Notwithstanding the apparently various interpretations of this
verse, al-Jassas synthesizes these by saying that all these rules can be
inferred from this verse.
The last sentence of the verse (195) :ُوَأَحُسِنُوا إِنَّ اللَّهَ يُحِبُّ المُحْسِنِين :(And do
good. Of course, Allah loves those who do good), gives an incentive to
do everything nicely. The Holy Qur'an calls this Isan. Now, doing
something nicely, can take two forms. When ihsan relates to 'Ibadah
(worship), its meaning has been explained by the Holy Prophet
himself in the well-known hadith of Jibra'il where he said that 'you
should worship Allah as if you are seeing Him, and if you cannot
achieve that degree of perception, then you should, at the least,
believe that Allah Almighty is seeing you'.
And when it (Ihsan) relates to social transactions and dealings, the
Holy Prophet , has explained Ihsan by saying (as reported in the
Musnad of Ahmad on the authority of the noble Companion Mu'adh)
that 'you should like for others what you like for yourselves, and in the
same manner, you should dislike for others what you dislike for
yourselves' (Mazhari).

489
Surah Al-Baqarah 2 : 196 - 203
Verses 196 - 203
وَِمُوا الْحَجَّ وَالْعُمْرَةَ لِلْهِفَإِنُ أُحُصِرْتُمْ فَمَا اسْتَيْسََرَ مِنَ
الْهَدِْ وَلَا تَحْلِقُوا رُمُسَكُمُ حَتَّى يَبْلُغَ الْهَدُىُ مَحِلَّهٌ فَمَنُ
كَانَ مِنْكُمْ تَرِيُضًا آَوْبِهَ اَذَّى ◌ِّنُ مَرَأْسِهِ فَفِدُيَةٌ مِّنْ صِيَاٍ
أَوْ صَدَقَةٍ أَوْ نُسْلٍْ فَإِذَاَ أُمِنْتُمُ فَمَنْ تَعَ بِالْعُمْرَةِ إِلَى الْحَجّ فَمَا
اسْتَيْسَرَ مِنَ الْهَدُئِّ فَمَنُ لَّمْ يَجِدُ فَصِيَامْ ثَلْفَةٍ أَيَّامٍ فِىِ الْحَجّ
وَسَبْعَةٍ إِذَارَجَعْتُمْ تِلُكَ عَشِرَةٌ كَامِلَةٌ ذَلِكَ لِمَنْ لَّمْ يَكُنُ اَهْلُهَ
حَاضِرِى الْمَسْجِدِ الْخَرَامِ وَأَتَّقُوا اللَّهَ وَ اعْلَمْوْاَ أَنَّ اللّهَ شَدِيُّدُ
الْعِقَابِ ه الْحَجُّ اَشْهُرٍ مَّعُلُوُمْتٌُّ فَمَنْ فَرَضَ فِيُهِنَّ الْحَّ
فَلَرَفَثَ وَلَا فُسْوُقَ وَلَا جِدَالَ فِي الْحَجِّ وَمَا تَفْعَلُوا مِنْ خَيٍْ
بَعْلَمْهُ اللَّهُ وَتَزَوَّدُوا فَإِنَّ خَيْرَ الَّادِ التَّقُوىُ وَاتَّقُونِ يَأَوْلِى
الْأَلْبَابِ ) لَيْسَ عَلَيْكُمُ جُنَاحٌ أَنْ تَبْتَغُوا فَضْلًا مِنَّ ◌َّبِّكْمُ
فَإِذَاَ اَفَضُهُمُ مِنْ عَرَقْتٍ فَاذُكْرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْخَّرَّامِ،
وَاذْكُرُوُهُ كَمَا هَدُكُمْ وَإِنْ كُنْتُمُ مِنُ قَبْلِهِ لَمِنَ الضَّالِيْنَ ٥ ثُمَّ
اَفِيُضُوا مِنُ حَيْثُ أَفَاضَ النَّاسُ وَاسْتَغُفِرْوا اللّهَ إِنَّ اللّهَ
غَفُورٌ رَّحِيمٌ ) فَإِذَاقَضَيْتُمُ منَاسِكَكُمُ فَاذُكُرُوا اللّهَ كَذِكِرِكُمُ
أَاءَكُمْ أَشَدَ ذِكْرًا فَمِنَ النَّاسِ مَنُ ◌َّقُوُلُ رَبَّنَآَ أَتِنَا فِى الدُّنْيَا
وَمَا لَهُ فِى الْآخِرَةِ مِنْ خَلَاقِ ) وَمِنْهُمْ مَنْ يَقُلُ رَّنَاَ أْتِنَا فِى
الدُّنْيَا حَسَنَةً وَّفِى الْأُخِرَةِ جَسَنَةً وَقِنَا عَذَابَ النَّارِ ) أُولَئِكَ
لَهُمُ نَصِيُب ◌َِّا كَسَبُوا وَاللَّهُ سَرِيعُ الْحِسَابِ ﴾ وَاذَّكُرُوا اللَّهَ
فِىّ آَيَّامٍ تَعُدُوُذِنٍ فَمَنُ تَعَبَّلَ فِيِّ يَوْمَيْنِ فَلَا إِثْمَ عَلَيْهِ وَمَنْ
تَأَخَّرَ فَلَ إِثْمَ عَلَيْهِ لِمَنِ اتَّقَى هَوَاتَّقُوا اللّهَ وَاعْلَمُوْ أَنَّكُمُ إِلَيْهِ
تُحُشِرُونَ 0
وقف النبى صلى الله عليه وسلم

490
Surah Al-Baqarah 2 : 196 - 203
And accomplish the Hajj and the 'Umrah for Allah, but
if you are restricted, then whatever available of the
animal offering. And shave not your heads until the
offering reaches its place. But if anyone of you is ill, or
has some trouble with his scalp, then there is a ransom
through fasting or alms giving.
And when you are safe, then, whoever avails the
advantage of the 'Umrah alongwith the Hajj, shall make
whatever available of the animal offering.
And whoever finds none shall fast for three days
during Hajj, and for seven days when you return; thus
they are ten in all. This is for him whose family are not
residents of Al-Masjid al-Haram. And fear Allah and be
aware that Allah is severe at punishment. The Hajj is
(in) the months well-known. So whoever undertakes
Hajj therein, then there is no obscenity, no sin, no
quarrel in the Hajj. And whatever good you do, Allah
shall know it.
And take provisions along, for the merit of provision is
to abstain (from asking). And fear Me, O men of
understanding. There is no sin on you that you seek the
bounty of your Lord (by trading).
Later, when you flow down from 'Arafat, recite the
name of Allah near Al-Mash'ar al-Haram (the Sacred
Monument) and recite His name as He has guided you
while before it, you were among the astray. Then flow
down from where the people flowed, and seek forgive-
ness from Allah. Certainly Allah is Most-Forgiving,
Very-Merciful.
And once you have fulfilled your rites, recite the name
of Allah, as you would speak of your forefathers or
even with greater fervor. Now among the people there
is one who says: "Our Lord, give to us in this world ...; "
and he, in the Hereafter, has no share. And there is
another among them who says: "Our Lord, give us good
in this world and good in the Hereafter and save us
from the punishment of Fire." For them there is a share
of what they have earned, and Allah is swift at

491
Surah Al-Baqarah 2 : 196 - 203
reckoning. And recite the name of Allah during the
given number of days. Then whoever is early in leaving
after two days, there is no sin on him and whoever
remains behind, there is no sin on him, if he is
God-fearing. And fear Allah and be sure that you are
going to be gathered before Him. (Verses 196 - 203)
Injunctions concerning Hajj and 'Umrah
In the series of injunctions appearing under the theme of
'righteousness' which has started from verse 177, the eleventh injunc-
tion relates to the Hajj. Since it is tied to Makkah al-Mukarramah and
Ka'bah, the House of Allah, therefore, some relevant questions have
been covered partly under the subject of Qiblah from verse 125 to 128
وَأَرَنَاَ and end, at وَإِذْ جَعَلُنَا البَيْتَ مَثَابَةً of Surah al-Baqarah. They begin from
Kull, then, at the conclusion of the discussion on Qiblah, the injune-
tion of Sa'y between Safa and Marwah has been taken up in verse 158,
فَمَنْ to أَنِّوا الْحَجَّ وَالْعُمَرَةَ as a corollary. Now, Verse 196 - 203, from, إنَّ الصَّفَا وَالْرُوَّةَ
H Jus, the eight consecutive verses, present injunctions and ques-
tions about Hajj and 'Umrah.
The Hajj, with the strong consensus of the entire Muslim Ummah,
is a pillar among the cardinal pillars of Islam and an important
obligation. It has been clearly emphasised in the many verses of the
Holy Qur'an and in numerous authentic ahadith.
According to the majority opinion, the Hajj became an obligation in
the third year of Hijrah, that is, in the year the battle of Uhud was
fought, through the verse ◌ِوَلِلّهِ عَلَى النَّاسِ حُّ البَيْت (and as a right of Allah, it is
obligatory on the people to perform Hajj of the House) of Surah Al
'Imran (Ibn Kathir). In this verse, conditions of the obligation of Hajj have
been stated and a stern warning has been given to those who do not
perform Hajj in spite of having the ability to do that.
Out of the eight verses before us, the first verse 120, 15 (And
accomplish the Hajj, and the 'Umrah for Allah) was revealed, as
agreed upon by the commentators, pertaining to the event of
Hudaybiyyah which took place in the year 7 A.H. This tells us that the
purpose of the verse is not to declare the initial obligation of the Hajj;
that has been stated already. Instead, the intention here is to convey
some special injunctions governing Hajj and 'Umrah.

492
Surah Al-Baqarah 2 : 196 - 203
The Injunction about 'Umrah
However, Surah Al 'Imran which declares Hajj as an obligation re-
stricts itself to Hajj alone; 'Umrah is not mentioned there, while the
present verse mentions 'Umrah, but does not state whether it is basi-
cally 'necessary' or 'obligatory'. It rather says that a person who begins
Hajj or 'Umrah by going into Ihram, then, it becomes wajib or neces-
sary for him to complete that, very much like voluntary prayers or
fasting where the rule is that after one starts them, their completion
becomes necessary. Therefore, we do not find out from this verse the
answer to the question: Is 'Umrah wajib, or is it not? It simply tells us
that once one starts it, it becomes wajib or necessary for him to com-
plete it.
Ibn Kathir cites, with reference to al-Tirmidhi, Ahmad and
al-Bayhaqi, a report from the blessed Companion Jabir that he asked
the Holy Prophet : 'Is 'Umrah wajib?' He said: 'Well, not wajib, but
that you do it is better and meritworthy.' (According to al-Tirmidhi,
this hadith is hasan sahih). This is why Imam Abu Hanifah, Imam
Malik and others say that 'Umrah is not wajib, but a sunnah. Looking
back at the statement in the present verse that completing Hajj and
'Umrah after one has gone into Ihram becomes wajib or necessary, we
face the question as to what happens if, after entering into the state of
Ihram, there comes up some sort of compulsion which makes it
impossible to complete the Hajj and 'Umrah. What has to be done in
such cases has been clarified in the succeeding sentence which begins
with "but if you are restricted."
Rules concerning Ihram
As this verse pertains to the event of Hudaybiyyah where the Holy
Prophet & and his Companions were in a state of Ihram and the
disbelievers of Makkah had stopped them from entering Makkah and
performing 'Umrah, thereupon came the injunction that the fidyah or
ransom to get released from the Ihram is to offer the sacrifice of an
animal, such as, a goat, cow or camel whichever is easy to get. After
the sacrifice has been offered, Ihram can be removed, but within the
next sentence '_32, Pale ; : (And shave not your heads) it has also
been pointed out that removing the Ihram, which is legally possible
only after having shaved or close-trimmed the hair on the head, is not

493
Surah Al-Baqarah 2 : 196 - 203
permissible until the sacrificial animal of the person in a state of
Ihram reaches its destined spot and is actually slaughtered.
The expression 'reaching its place', according to Imam Abu
Hanifah, means that it should be taken into the sacred precincts of the
Haram and slaughtered there. If one cannot do it personally, he can
authorise someone else to do it on his behalf. The situation of being
restricted' by an enemy is clearly mentioned in this verse. Imam Abu
Hanifah and some other jurists are of the view that if somebody is
unable to complete Hajj or 'Umrah (after wearing Ihram) because of
sickness, he can also avail of the concession given by this verse,
because the words 'if you are restricted' are so general that they
include the restriction imposed by sickness also.
The manner in which the Holy Prophet & has practiced the
instructions given in the Holy Verse is sufficient to disclose that
although it is allowed in such an emergent situation to remove the
Ihram after offering a sacrifice, yet it will remain obligatory to perform
the Hajj or the 'Umrah afresh as a qada' (whenever the circumstances
allow to do so). That is why the Holy Prophet & and his Companions
did perform the 'Umrah next year as a qada' for the 'Umrah missed by
them at Hudaybiyyah.
In this verse, the shaving of the head has been indentified as the
signal for removing the Ihram which proves that shaving the head
(halq) or trimming the hair (qasr) in a state of Ihram is forbidden. In
view of this, the next injunction tells us the way out for one who faces
a compelling need to shave his head in a state of Ihram.
Shaving in the state of Ihram?
, قَمِّنْ كَانَ مِنْكُمْ مَرِيضًا أَوْبِهِ أَذَى مِنْ مَّأَسِه: In the text of the Holy Qur'an, it is said
that is, if one is forced to shave hair on the head, or any other part of
the body, because of some ailinent or irritating lice, one can do so in
proportion to the need, but it has to be redeemed by giving fidyah in
the form of fasting, charity or sacrifice. The place for sacrifice is fixed;
it has to be offered within the limits of Haram. There is no such fixed
place for fasting and charity; these obligations can be accomplished
anywhere. The number of fasts and the amount of charity find no
mention in the words of the Holy Qur'an, but in a hadith of Sahih
al-Bukhari, the Holy Prophet prescribed in a similar situation faced

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by the noble Companion Ka'b ibn 'Ujrah that he should fast for three
days or give 1/2 sa' of wheat as charity to six needy persons. This 1/2
sa' comes to approximately 1.632 kilograms of wheat or its price in
cash.
Combining Hajj and 'Umrah during Hajj months
Before the appearance of Islam, the Arabs in Jahiliyyah would not
combine Hajj and 'Umrah during Hajj months, that is, after the advent
of Shawwal. They thought it was a sin. Towards the end of this verse,
their misconception was corrected by restricting the prohibition on
combining Hajj and 'Umrah during the months of Hajj to only those
who live within the limits of Miqat because it is not difficult for them
to return for 'Umrah after the Hajj months. But, for those coming from
outside the Migat limits, it was declared permissible because it is not
easy for them to make a special trip exclusively for 'Umrah all the way
from such distances. Miqat is one of the several stations appointed by
Allah Almighty on every route leading to Makkah from all over the
world and it has been made obligatory on everyone proceeding to
Makkah to wear Ihram at this point to perform Hajj or 'Umrah. Going
beyond this appointed place without Ihram is a sin. The verse 225
means just this, that is, combining Hajj and 'Umrah أَهْلُّهْ حَاضِرِى الْمَسْجِدِ الْحَرَامِ
is permissible only for a person whose family does not live within the
environs of al-Masjid al-Haram, or in other words, within the limits of
the appointed stations known as Migat.
However, those who combine the Hajj and 'Umrah during the Hajj
months are obligated to demonstrate their gratefulness for having
been allowed to combine two acts of 'Ibadah. This gratitude is
expressed by offering a sacrifice, if one is capable of that. This sacrifice
may be offered by slaughtering a goat, cow or camel whichever is easy.
But, one who is financially incapable of doing so, he is obligated to fast
for ten days, the first three within the Hajj days completing them by
the ninth of Dhul-Hijjah, the rest of seven fasts he can complete after
the Hajj at a place and time of his choice. He could do so while living
in Makkah or when he returns home. If a person fails to fast for three
days during the Hajj days, for him, in the view of revered Companions,
and Imam Abu Hanifah, offering a sacrifice is mandatory. As soon as

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it is possible, he can have the sacrifice offered in the Haram through
someone he knows (Jassas).
Al-Tamattu' and Al-Qiran; the two kinds of Hajj
Combining the Hajj and 'Umrah during Hajj days takes two forms.
The first method is to enter into Ihram for Hajj and 'Umrah both right
from the Miqat. This is known as Al-Qiran in the terminology of
hadith. Under this method the release from the Ihram is tied with the
release from the Ihram of Hajj. The pilgrim has to stay in a state of
Ihram until the last day of Hajj. Under the second method it is
possible to enter into Ihram exclusively for 'Umrah from a Miqat and
after reaching Makkah al-Mukarramah, and performing the fixed rites
of 'Umrah one can get out of the Ihram. After that, when getting ready
to go to Mina on the eighth of Dhul-Hijjah, he should enter again into
the Ihram of Hajj right within the Haram. This is technically known
as Al-Tamattu'. Literally, the word Tamattu' covers both methods since
it means 'to have the benefit of combining Hajj and 'Umrah both'
which is equally applicable to both the methods detailed above. The
words 23 (Then, whoever avails of the advantage) in the present
verse of the Holy Qur'an have been used in this general sense.
The warning against violation of rules
The verse 196 ends up with the words 'Fear Allah' which is a
command to adopt Taqwa - a Qur'anic term which has no equivalent in
the English language, and denotes the attitude of fearing and
abstaining from doing anything against rules set by Allah Almighty.
This command has been followed by a warning : ◌ِوَاعْلَمُوا أَنَّ اللّهَ شَدِيدُ الْعِقَاب (and
be aware that Allah is severe at punishment) which means that
anyone who knowingly acts against the injunctions revealed by Allah
Almighty, for him the punishment of Allah is severe. The people who
go in our days for Hajj or 'Umrah are widely negligent of this warning.
To begin with, they do not make the necessary effort to find out the
rules of Hajj and 'Umrah. Then a good many do not follow the rules
strictly, even if they have the knowledge. Bad guides or careless fellow
pilgrims sometimes make one miss the obligatory acts, let alone the
sunnah and the proper etiquette of the pilgrimage. May Allah bless all
of us with the ability to correct what we do.
The Hajj Months: Prohibitions
We now move to the second verse out of the eight that deal with

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the rules of Haj, which is: Causa : "The Hajj is (in) the months
well-known'. The word, ashhur is the plural of shahr meaning the
month. It will be recalled that in the previous verse it was said that
one who enters into Ihram with the intention of doing Hajj or 'Umrah
must complete it as prescribed. Out of these two, there is no fixed date
or month for 'Umrah which could be done anytime during a year. But,
for Hajj, the months and the dates and timings of what one must do
are all fixed. It is for this reason that the verse opens with the
clarification that the Hajj (unlike 'Umrah) has some fixed months
which are already known. The months of Hajj have been the same
from Jahiliyyah also; they are Shawwal, Dhul-Qa'dah and the first ten
days of Dhul-Hijjah as it appears in the hadith as narrated by the
blessed Companions Abu Umamah and Ibn 'Umar (Mazhari).
That the Hajj months begin from Shawwal means that it is not
permissible to enter into the Ihram of Hajj before it. According to some
Imams, the Hajj would simply not be valid with a pre-Shawwal Ihram.
Imam Abu Hanifah rules that the Hajj thus performed will be
considered valid, but it will be makruh (reprehensible) (Mazharī).
The verse 197, that is ◌ّفَمَنٌ فَرَضَ فِيُهِنَّ الْحُعَّ فَلَاَرَفَتَ وَلَا نُسُوْقَ وَلاَ حِدَالَ فِى الْحَي stresses
upon the etiquette of Hajj and makes it necessary for everyone in the
state of Ihram to strictly abstain from three things: rafath, fusuq and
jidal, which are being explained here in some detail.
A comprehensive word, Rafath includes marital intercourse, its
prelimineries, including an open talk about love-making. All these
things are forbidden in the state of Ihram. However, an indirect or
implied reference to the act of love-making is not prohibited.
Literally fusuq means "transgression". In the terminology of the
Holy Qur'an, it means 'disobedience', the general sense of which
includes all sins. Early commentators have taken it here in this
general sense of the word but the blessed Companion 'Abdullah ibn
'Umar has interpreted the word 'fusuq' here to mean only the acts
which are prohibited and impermissible in the state of Ihram. It is
obvious that this interpretation is more suitable to the occasion
because the prohibition of sins as such is not peculiar to Ihram; they
are forbidden under all conditions.
Things which are not sins in themselves but do become impermis-

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sible because of the Ihram are six in number. (1) Marital intercourse,
its prelimineries, even lovetalk. (2) Hunting land game, either hunting
personally or guiding a hunter. (3) Cutting hair or nail. (4) Using
perfume. These four things are equally impermissible for men and
women both when in a state of Ihram. The remaining two basically
concern men: (5) Wearing stitched clothes. (6) Covering the head and
the face. According to Imam Abu Hanifah and Imam Malik, it is also
not permissible for women to cover their face while in a state of Ihram,
therefore, this too is included in the common Ihram prohibitions.
The first of the above six things, that is, intercourse and its
correlatives, though included under fusuq, has yet been separated
from it, and has been introduced separately through the word Rafath,
stressing thereby the importance of abstaining from it when in a state
of Ihram. This is because 'amends' can be made for the contravention
of other Ihram prohibitions through kaffarah (expiation). But, should
one fall into the misfortune of indulging in intercourse before the
Wuquf of 'Arafat (stay in 'Arafat) Hajj itself becomes null and void and
a fine in the form of a sacrifice of a cow or camel becomes obligatory
and the Hajj will have to be performed all over again. Because this
aspect was so important, the text has mentioned it expressly.
The word 'jidal' means an effort to upturn the adversary, therefore,
a rough altercation or quarrel is known as jidal. This word being very
general, some commentators have taken it in the usual general sense,
while others, keeping in view the place of Hajj and the importance of
Ihram, have particularized the sense of jidal here with a specific quar-
rel. In the age of ignorance, people differed about the prescribed place
of Wuquf (staying). Some thought staying in 'Arafat was necessary,
while others insisted that Muzdalifah was the prescribed place to stay
and, therefore, did not consider going to 'Arafat as necessary. They
even claimed that it was where Sayyidna Ibrahim >JI _Je had stayed.
Similarly, they differed in the timings of the Hajj as well. Some would
do their Hajj in Dhul-Hijjah while some others would do it earlier in
Dhul-Qa'dah and then, they would all quarrel among themselves
around the subject and charge each other of having gone astray. The
Holy Qur'an said La jidal, no quarrel, and put an end to all quarrels.
What was proclaimed was the truth - the obligatory stay has to be

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made in 'Arafat, then, the necessary stay in Muzdalifah, and Hajj has
to be performed in no other days but those of Dhul-Hijjah. Once the
divine command is there, quarreling is forbidden.
According to this interpretation, the prohibition given in the verse
is restricted to those acts only which are normally permissible, yet,
they have been forbidden because of the Ihram, just as the permissible
acts of eating and drinking are forbidden in the state of Fasting and
Salah only.
But some commentators have taken fusuq and jidal in the general
sense. According to them even though the fisq and jidal are sins, and
deplorable at all places and under all conditions, but their sin becomes
all the more grave in the state of Ihram. If one could think about the
blessed days and the sacred land of the Haram where everyone comes
to perform 'ibadah at its best with fervent chants of labbayk, telling
their Lord 'Here we are at Your call', with the garment of Ihram
reminding them all the time that the pilgrim is devoted to his act of
'ibadah within the sight of Allah, how could one stoop to do what is
prohibited by Allah; obviously, under such condition, any act of sin or
any act of entanglement with dispute turns into sinfulness at its
worst.
Taking this general sense into account, one can see the wisdom
behind the prohibition of obscenity, sin and quarrel as the place and
time of Hajj have their peculiar conditions in which one might fall a
victim to these three. There are times when one has to stay away from
his family and children for a long time in a state of Ihram. Then, men
and women perform Hajj rites at Mataf (the place around the Ka'bah
where tawaf is made) and Mas'a (place between Safa and Marwah
were Sa'y is made) and at 'Arafat, Muzdalifah and Mina with
hundreds and thousands of people coming in contact with each other.
In such an enormous gathering of men and women, it is not so easy to
control one's inner desires, therefore, Allah Almighty has first taken
up the prohibition of obscenity. Then, since so many people are around
at a given time, all deeply devoted to performing their prescribed rites,
there are also occasions where sins such as theft creep in, therefore,
came the instruction: la fusuq (no sin). Similarly, during the entire
Hajj trip, there are many incidents where people could get to quarrel

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with each other because they are cramped for space or for some other
reason. The injunction: la jidal (no quarrel) is to eliminate such
possibilities.
The eloquence of the Qur'an
The words in the verse: ◌َفَلاَ رَفَتَ وَلاَ فُُوْقَ وَلَا جِدَال translated literally as
'then there is no obscenity, no sin, no quarrel ... ' are all words of
negation, that is, all these things are not there in Hajj, although the
object is to forbid them, which could have taken the form close to
saying - do not be obscene, do not be sinful and do not quarrel. But, the
possible prohibitive imperative has been replaced here by words of
negation and thereby the hint has been given that such doings have no
place in Hajj and cannot even be imagined in that context.
After proclaiming basic Ihram prohibitions, the sentence: GRE f
" 25 25 (And whatever good you do, Allah shall know it) instructs
that abstaining from sins and the contravention of the Ihram during
the blessed days of Hajj and at sacred places is not enough. Taking a
step farther, one should consider this occasion to be something that
comes once in a lifetime, therefore, it is all the more necessary that
one should make an effort to stay devoted to 'ibadah, the Dhikr (Ss:
also transliterated as 'Thikr', or 'Zikr', meaning 'remembrance') of
Allah and good deeds. The assurance given is that every act of virtue
and every demonstration of goodness from a servant of Allah shall be
in the knowledge of Allah and, of course, shall be rewarded generously.
The sentence that follows immediately :وَتَزَّوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقُرى :'And
take provisions along, for the merit of provision is to abstain (from
asking)' aims to correct those who leave their homes for Hajj and
'Umrah without adequate preparation claiming that they do so
because they have trust in Allah. Obviously, they have to ask for help
on their way, or worse still, they themselves go through privation and
suffering and in the process, bother others as well. Hence, the
instruction has been given that provisions needed for the proposed trip
for Hajj should be taken along. This is not against tawakkul or trust in
Allah; it is rather, the very essence of tawakkul, which conveys the
sense that one should first acquire and collect the means and
resources provided by Allah Almighty to the best of one's capability
and, then, place his trust (tawakkul) in Allah. This is the exact

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explanation of tawakkul reported from the Holy Prophet . Forsaking
all efforts to acquire means of subsistence (tark al-asbab) and calling it
tawakkul is sheer ignorance.
Trading or earning during the Hajj
Verse 198 :ُلَيْسَ عَلَيْكُمْ جُنَاحٌ أَنْ تَتَفُوا فَضْلاً مِن رَّبِّكُم :"There is no sin on you that
you seek the bounty of your Lord (by trading)' was revealed in a
particular background of the Jahiliyyah when the people of Arabia had
distorted all rules of worship and social dealings by injecting in them
all sorts of absurd customs rendering acts of devotion into amusement.
They would not even spare the sacred rites of Hajj when they added to
them ridiculous doings out of their wild imagination. In the great
gathering at Mina, they would set up special bazaars, hold exhibitions,
and put up trade promotion devices. But after the appearance of Islam
when Muslims were obligated with Hajj, all these absurd customs
were eliminated. The noble Companions رضى الله عنهم أجمعين ,who would
stake anything to seek the pleasure of Allah and to follow the
teachings of His Messenger, started suspecting the validity of even the
acts of trading or working for wages during Hajj days. They thought
that earning in this manner is an outgrowth of the age of ignorance,
may be Islam shall forbid it absolutely, so much so, that a certain
person came to the blessed Companion 'Abdullah ibn 'Umar and
asked: 'We are in the business of renting our camels. We have been
doing it since long. People hire our camels to go for their Hajj. We go
with them and perform our Hajj. Is it that our Hajj will not be valid?'
Sayyidna 'Abdullah ibn 'Umar said: 'Some one came to the Holy
Prophet ¿ and asked the same question you are asking me. The Holy
Prophet & did not reply to his question at that particular time until
the verse :ْلَيْسَ عَلَيْكُمْ مجُنَاحٌ أَنْ تَبْتَغُوا فَضْلاً مِنْ عَرَّكُم was revealed. Then, he called for
that person and said, 'Yes, your Hajj is valid.'
In short, this verse makes it clear that a person, who earns some
profit by trading, or wages by working, incurrs no sin. However, the
practice of the disbelievers of Arabia whereby they had turned the
Hajj into a trade fair was reformed through two simple words of the
Qur'an to the effect that they can earn if they have to, but let them
earn what they do as a favour and blessing of Allah Almighty, and be
grateful for it, never making it a material exercise of minting money.
The words,'karta : 'the bounty of your Lord' point out to this factor.

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Then, the expression: "26 -@ preceding the words referred to above
means that 'there is no sin on you' in this indulgence in earning which
has a built-in hint that avoiding this indulgence too, if possible, is still
better because it affects the ideal of perfect sincerity so desirable in
the Hajj.
This whole issue, in fact, revolves round the original intention of a
person. If his basic intention is to earn money through trading or
employment but he has decided to perform the Hajj as an adjunct, or
both the intentions are equally kept in mind, then, this is contrary to
the ideal of sincerity and it will reduce the reward of Hajj and the
blessings of Hajj would not fall to his lot as they normally would. And
should it be that he leaves his home with the basic intention to
perform his Hajj, but runs into unforeseen problems accidentally
resulting in a shortage of Hajj expenses or needs of subsistence, he
then, could go for a little earning through trading or employment to
offset his shortage of need-oriented funds. This is, in no way, contrary
to the ideal of sincerity. However, for one who has to do so, it is much
better that he leaves the five special days of Hajj rites free of any
engagement in trading or employment. Instead, he should devote
these days to nothing but 'ibadah and dhikr of Allah. This is the
reason why some 'ulama' have ruled that trading or employment
during these special days of Hajj are forbidden.
Staying in 'Arafat and Muzdalifah:
The next statement in the same verse (198) is:
فَإِذَا أَفَضْمٌ مِّنْ عَرَفْتِ فَإِذْ كُرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْحَاِ وَاذْكُرُوَهْ كَمَا هَذْكُمْ
وَإِنْ كُنْهُمٌ مِّنُ قَبْلِهِ لَمِنَ الضَّالْنَ )
Later, when you flow down from 'Arafat, recite the name of
Allah near al-Mash'ar al-Haram (the Sacred Monument) and
recite His name as He has guided you, while before it, you
were among the astray.
The verse tells us that, on the way back from 'Arafat, it is
necessary (wajib) to stay overnight in Muzdalifah and to recite the
name of Allah there, specially as taught.
Literally, 'Arafat is plural in number. This is the name of a
particular plain. Its geographical boundries are well-known. This plain
·

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is located outside the limits of Haram. All hujjaj (Hajj pilgrims) must
reach and stay there between noon (zawal) and sunset (ghurub) hours.
This is the most important obligation of Hajj for which, if missed out,
there is no alternative in the form of kaffarah (expiation) or fidyah
(ransom).
Several causes have been cited for the name, 'Arafat. Out of these,
the clearer explanation is that 'Arafat is a plain where man gets to
know his Lord and, through his 'ibadah and dhikr, learns how to get
closer to Him,and in addition to that, Muslims from the East and the
West meet and know each other by direct contact.
Emphasis has been laid in the text on the stay near al-Mash'ar
al-Haram on the way back from 'Arafat after having spent the day
there and after having departed the plain soon after sunset.
Al-Mash'ar Al-Haram is the name of a mountain which is located in
Muzdalifah. The word, 'al-mash'ar' means 'sign' or 'symbol', and
'haram' being 'sacred', the name signifies that this mountain is a
sacred monument to Islam. The plain adjacent is called Muzdalifah. It
is necessary (wajib) to spend the night on this plain and offer the
combined prayers of Maghrib and 'Isha' at one time in Muzdalifah. The
Qur'anic expression : فَاذُكُرُوا اللّهَ عِنْدَ الْمَشْعَرِ الحرام translated as 'recite the name
of Allah near al-Mash'ar al-Haram' certainly includes all kinds of the
remembrances of Allah, but here it particularly means the offering of
two prayers at one time, that is, offering Maghrib with 'Isha'. This is
the special act of 'ibadah peculiar to the plain of Muzdalifah. Perhaps,
the sentence that follows: " "'s, (recite his name as He has
guided you) is indicative of this aspect. It is said that one should
remember Allah and recite His name in the manner He has taught
without adulterating it with personal opinions because personal
deduction would have demanded that the Salah of Maghrib be offered
at the time set for it and the Salah of 'Isha' at its own time. But, on
that day, Allah Almighty favours that the Salah of Maghrib be delayed
and offered along with 'Isha'. From the Qur'anic statement cited above,
recite His name as He has guided you', we see the emergence of yet
another basic ruling that man is not independent in worshipping and
remembering Allah, that is, he cannot worship Him as he wishes and
he cannot remember Him as he chooses. Instead, every 'ibadah and

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dhikr of Allah demands the observance of special rules of etiquette.
These have to be performed as stipulated; doing it otherwise is not
permissible. Then, Allah Almighty does not like any substraction or
addition, nor any change in its prescribed time or place, even though
the change may lead to an increase in the act of worship. It is observed
that people tend to add some features in voluntary prayers and acts of
charity from their side without having any reason approved by the
Shari'ah, and going a step farther, they take it upon themselves as
something necessary while Allah and His blessed Messenger did not
declare it as necessary, and last but not the least, such people have the
audacity to regard those who do not do all that as in error. This verse
exposes their false position by saying that such additional forms of
worship reflect the practice of Jahiliyyah when the disbelievers had
used their personal opinions and choices to concoct forms of worship
and had limited the serious act to few customs.
ثَّ أَفِيْضُوا مِنْ حَيْتُ أَفَاضَ النَّاسُ وَاسْتَغْفِرُوا اللّهَ إِنَّ اللَّهَ عَهُوُهُ سَعيد: (199) The third verse
(Then, flow down from where the people flowed, and seek forgiveness
from Allah. Certainly, Allah is Most-Forgiving, Very-Merciful) was re-
vealed in a particular background. The Quraysh of Arabia being the
custodians of the Ka'bah enjoyed a unique position of influence and
distinction in the country. During the days of Jahiliyyah, while every-
one went to 'Arafat, the Quraysh would, in order to demonstrate their
unusual importance, stop at Muzdalifah and stay there. They said
that, being the custodian of the Ka'bah and the care-takers of the Har-
am, it was not proper for them to go out of the limits of the Haram.
Since Muzdalifah is located within the sacred limits of the Haram and
'Arafat is out of it, they would seize upon the excuse, stay in Muzdali-
fah and it was from there that they came back. The truth was that
they loved to show off their pride and arrogance and made it a point to
keep common people at a distance. Their erroneous conduct thus ap-
prehended, Allah Almighty commanded them to go where everyone
goes, that is, into the plain of 'Arafat, and then, return from there with
everyone else (it will be noted that in the accompanying translation of
the text, the Qur'anic word afidu has been rendered into English liter-
ally with the word, 'flow' which succinctly suggests mingling with the
multitude, something shunned by the Quraysh of Jahiliyyah).
To begin with, behaving special and staying disconnected from