Indexed OCR Text

604
Surah Al-Baqarah 2 :233.
In the second sentence of this verse, it was said:
وَعَلَى الْمَوْلُوْدِلَهَّ رِزْفُهُنَّ وَكِسُوَتُهُنَّ بِالْمَعْرُوُفِ لَا تُكَلَّفُ نَفْسٌ إِلَّاوُسْعَهَا
And on him, to whom the child is born, falls the provision of
food and clothing for them (the mothers) with fairness. No-
body is obligated beyond his capacity.
The first point that must be noted here is that the Qur'an uses the
word 'Swf, for mothers but while referring to the father, it opts for
j'ai : 'to whom the child is born' leaving out the smaller word JI, ,
although the said word, 'walid' (father) does appear elsewhere in the
Qur'an, for instance: ◌ِلاَيَجْزِىُ وَالِدٌّ عَنْ تَوَلَد :(Fear the Day) when no father
shall be of avail to his child' (31:33). But the use of al-mawludi lahu in
place of walid in this setting has a secret behind it. The whole of
Qur'an has a unique method and style so it does not describe any law
in the way governments of the mortal world do. It rather presents it in
a sympathetic and affectionate manner, a manner in which it could
become easy for human beings to accept it and act accordingly.
Since the father has been obligated to pay for the expenses of the
child, even though the child belongs to the father and the mother both,
it was possible that the father could take this injunction to be
somewhat burdensome, therefore, the expression al-mawludi lahu ('tc
whom the child is born') was preferred over walid ('father'). The
meaning of this expression -- 'to whom the child is born' -- suggests
that, no doubt both father and mother share in the birth of the child,
but the child is, however, ascribed to the father. The lineage comes
from the father. Now that the child is his, the responsibility of the
child's expenses should not be heavy on him.
Responsibilities of mothers and fathers
The third rule of Islamic law given in this verse is: While suckling
the child is certainly the responsibility of the mother but the suste-
nance of the mother, inclusive of all necessities of life, is the responsi-
bility of the father and this responsibility continues as far as the mar-
riage or the post-divorce waiting period of wife ('iddah) continues.
When divorce and 'iddah have matured, the responsibility of the hus-
band towards the expenses of his wife will end, but the father will con
tinue to be obligated to pay for the suckling of the child. (Mazhari)

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Surah Al-Baqarah 2 : 233
The standard of wife's liabilities
When the husband and wife are both affluent, matching expenses
will be obligatory. When both are poor, correspondingly matching
expenses will be obligatory. On this much there is total agreement.
However, the Muslim jurists differ if both have a different financial
status. Following al-Khassaf, the author of Hidayah has ruled that
should the woman be poor and the man rich, her expenses will be
medial, that is, higher than those of the poor and lower than those of
the rich. According to al-Karkhi, the status of the husband will be the
criterion. In Fath al-Qadir, fatwa has been reported on this position
from many jurists. (Fath al-Qadir, pp 422, v.3)
In the verse under discussion, after stating injunctions, the Qur'an
says : لَا تُضَارَّ وَالِدَةُ بِوَلَدِهَا وَلَا مَوْلُودٌ لَّهْ بِوَلَدِه , that is, 'no mother shall be made to
suffer on account of her child, nor a man to whom the child is born, on
account of his child.' It means that the father and mother of the child
should not stonewall each other. For instance, the mother may be
unable to suckle the child due to some excuse but the father may start
forcing her to do so, hoping that she being the mother of the child,
would finally melt down and suckle the child. Or, take the case of a
mother who has no excuse, yet she refuses to suckle the child hoping
that the poor husband, being the father of the child would, in one way
or the other, find the means to have the child suckled elsewhere.
Forcing or not forcing a mother for suckling
The fifth rule deduced from was Wirstay (No mother shall be made
to suffer on account of her child) appearing above is that it is not
permissible for the father to compel the mother to suckle the child if
she refuses to do so under some excuse, or need. And if the child
refuses to be suckled by another woman, or also refuses to feed on any
milk other than that of his or her mother, the mother will then be
compelled to feed the child. This rule we know from wpsý, (nor a
man to whom the child is born, on account of his child).
Wages of suckling for a divorced woman
The sixth rule that we learn about is: If the mother demands
wages to suckle, she has no right to do that as long as she is married
to her husband or is within the post-divorce waiting period. Here her
maintenance, which is the responsibility of the child's father, is

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Surah Al-Baqarah 2:233
enough in itself. Asking for additional wages amounts to harming the
father. The situation changes if the post-divorce waiting period has
expired and the responsibility of maintenance is all over. Now, if this
divorced woman demands from the father wages to suckle her child,
the father will have to pay it -- since not doing so amounts to a loss to
the mother. However, the condition is that she should ask for the same
amount of wages as is taken by some other woman. If she asks for
more, the father will have the right to engage a wet-nurse to suckle
the child in her place.
The responsibility of suckling an orphan
Later in the subject verse, it is said : ◌َوَعَلَى الْوَارِثِ مِثُلُ ذلِك .It means: If
the father is not alive, the responsibility for arranging to have the
child suckled falls on the person who is the legal heir (warith) of the
child and a mahram (person with whom marriage is prohibited for
ever); that is, those who are entitled to be inheritors of the child. if he
dies, would be the ones responsible for his sustenance in the absence of
the father. If, there be more than one heir like him, everyone will
share that responsibility in proportion to their share in the
inheritance. Imam Abu Hanifah explained that assigning the
responsibility of having the orphaned child suckled to the heirs also
tells us that the sustenance of a minor child will continue to be, even
after weaning, a charge of the heirs since there is nothing special
about milk, the purpose is to have the expenses of the child covered.
For instance, if the mother of the orphaned child and his grandfather
are both alive, these two then, are his mahram, and heirs as well.
Therefore, the maintenance of the child shall be borne by both of them
in proportion to their share in the inheritance, that is, the mother will
bear one-third and the grandfather, two-thirds. Herefrom we also
know that the right of the orphaned grandson on his grandfather is
much stronger than the rights of his own adult sons, since he is not
responsible for the sustenance of his adult child, while the sustenance
of the orphaned grandson is obligatory on him. However, a grandson
has not been given a share in inheritance in the presence of sons,
because it is against the principle of inheritance and justice, as giving
a share to the farther in presence of the nearer children is not rational
in itself and is certainly, against the hadith si Je, J,y (for the nearest
male) in Sahih al-Bukhari. Nevertheless, the grandfather does have

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Surah Al-Baqarah 2 :233
the right to make some provision in his will for the orphaned
grandson, if he feels there is need to do that. This will could even turn
out to be higher than the share of sons. Thus the need of the orphaned
grandson was taken care of, while at the same time, the principle of
inheritance -- that in the presence of the nearer, the farther should not
receive -- remained intact.
The injunctions of weaning
After that, it is said in the subject verse:
فَإِنْ أَرَادَا فِصَالًا عَنْ تَرَاضٍ مِنْهُمَا وَتَشَاوٍُ فَلاَ جُنَاحَ عَلَيْهِمَا
that is, if the mother and father of the child, after mutual consultation
and agreement, decide that they have to wean the child earlier than
two years, because of the inability of the mother or some sickness of
the child, then there is no sin involved here as well. The condition of
'mutual consultation and agreement' was placed for the reason that in
weaning the child, his or her welfare should be the paramount
concern. Making the child a target-board of mutual differences and
quarrels is undesirable.
Injunctions of suckling by a nurse
In the end, it is said:
وَإِنْ أَرَدْتُمْ أَنْ تَسْتَرْ ضِعُواْ أَوْلَادَكُمُ فَلاَ جُنَاحَ عَلَيْكُمُ إِذَا سَلَّمُهُمْ ◌َّا أَتَيْتُمْ بِالْمَعْرُفِ
It means: If you wish, for some expedient reason, to have your children
suckled by a wet-nurse in place of the mother, even then there is no
sin in doing so. However, the condition is that the wages settled with
the wet-nurse be paid in full. If the wages were not paid as settled, the
sin thereof will rest with the parents.
From this we learn that should a father realize that the feed of the
mother, who is willing to suckle, is not good for the child, he has the
right to stop the mother from suckling and get a wet-nurse to do that.
From this we also learn that the wages or salary of the woman
employed for suckling should be negotiated and settled clearly so that
there is no dispute later on; and then let the settled wages be handed
over to her at the appointed time and let there be no postponement or
evasion.
After stating all these injunctions relating to rada'ah (suckling),
the Qur'an once again returns to its special manner and style whereby

608
Surah Al-Baqarah 2 : 234 - 235
it brings into focus the fear of Allah Almighty and the concept of His
all-encompassing Knowledge so that acting in accordance with law
becomes easy, and one remains bound by it under all conditions, seen
or unseen. It is said:ِّوَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللّهَ بِمَا تَعْمَلُونَ بَص that is, 'keep fearing
Allah and know for sure that Allah Almighty is fully watching over
your open and secret, and your seen and unseen, and He is aware of
all intents and purposes hidden in your hearts.' Any party that acts
against these injunctions of suckling and weaning or takes a decision
in this connection disregarding the welfare of the child, shall deserve
punishment.
Verses 234-235
وَأَلَّذِيْنَ يُتَوَقَوْنَ مِنْكُمُ وَيَذَرُوْنَ أَزْوَاجًا يَّتَرَّتَّصُنَ بِأَنْفُسِهِنَ
أَرْبَعَةَ أَشْهُرٍ وَعَشْرَاء فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيُمَا
فَعَلْنَ فِىِّ أَنْفُسِهِنَ بِالْمَعْرُوُفِ وَاللّهُ بِمَا تَعْمَلُوْنَ خَبْيُؤَّ ا وَلَا
مُنَاحَ عَلَيْكُمْ فِيُمَا عَّضُتُمُ بِهِ مِنْ خِطْبَةِ النِّسَاءِ أَوْ أَكْتَنْتُمُ
فِىَّ أَنْفُسِكُمْ عَلِمَ اللَّهُ أَنَّكُمُ سَتَذْكُرُوْنَهْنَّ وَلْكِنُ لَّ تْوَاعِدُوُهُنَّ
يسَِّا إِلَّ أَنْ تَقُوُلُوا قَوْلاً مَّعْرُوْفَاهُ وَلا تَعْزِمُوْا مُقُّدَةَ النِّكَاحِ
حَتى يَبْلُغَ الْكِتْبُ اَجَلَهُ وَاعْلَمُوْآ أَنَّ اللَّهَ يَعْلَمُ مَا فِىٌَّ
انْفُسِكُمُ فَاحْذَرُوُهُ«وَاعْلَمْوًا أَنَّ اللّهَ غَفُورٌ حَلِيُمْ ﴾
And those among you who pass away and leave wives
behind, their wives keep themselves waiting for four
months and ten days. So, when they have reached (the
end of) their waiting period, there is no sin on you in
what they do for themselves as recognized. And Allah is
All-Aware of what you do. There is no sin on you if you
hint as a proposal to the women or conceal it in your
hearts. Allah does know what you will mention to them.
But do not make a promise to them secretly, except
that you speak in a recognized manner. And do not
resolve upon a contract of marriage until the
prescribed time is reached. And be sure that Allah
knows what is in your hearts. So, fear Him and be sure
that Allah is most Forgiving, Forbearing. (Verse
234-235)

609
Surah Al-Baqarah 2 : 236 - 237
Some injunctions relating to 'Iddah
1. For one whose husband dies, it is not correct to wear perfume or
make-up or use kohl 52 or hair oil, beauty-treat unnecessarily, apply
henna and dress gaudily. It is also not correct to talk about the second
marriage in clear and unambiguous words as appears in the
succeeding verse. In addition to this it is also incorrect to stay
overnight in homes other than one's own. The text's "yatarabbasna bi
anfusihinna" translated as "keep themselves waiting" hint towards
these avoidances. And this is also the injunction for the woman who
has received an irrevocable divorce, that is, in which revocation is not
possible. However, it is not right for her to go out of the house even
during the daytime unless there is an extreme compulsion.
2. Another rule most people are not aware of is: If the husband dies
on the night of the new moon, these months will be completed in
accordance with the lunar calendar. Their being of 29 or 30 days
makes no difference. But, if he died after the night of the new moon,
all these months will be completed as of 30 days each. In all, 130 days
will be completed. And when this period expires, and the same time
when the death occurred comes, 'iddah will be over.
And now a word concerning what was said about women -- "There
is no sin on you in what they do for themselves as recognized." This
teaches us that it becomes obligatory on others to stop one who acts
against the Shari'ah, of course, if they have the ability or power to do
so. Otherwise, these people too become sinners. And the expression, bi
l'ma'ruf ('with fairness' or 'as recognized') means that the marriage
solemnized should be correct, and permissible according to the
Shari'ah; all conditions of its being lawful should be observed.
Verses 236 - 237
لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَالَمْ تَمَشْوُهُنَّ أَوْ تَفْرِضُوا
لَهُنَّ فَرِيْضَةٌ وَمَتِعُوْهُنَّ: عَلَى الْمُوسِعِ قَدَرُ، وَعَلَىِ الْمُقْتِرِ قَدَرُّج
مَتَاعًا مِالْمُعْرُوُفِّ حَقًّا عَلَى الْمُحْسِنِيْنَ ) وَإِنْ طَلَّقُتْهُوُهُنَّ مِنْ
52. Surma: collorium, claimed to be an inorganic lead compound -- 'Galena',
which has been erroneously translated as 'Antimony' by Western writers.
Since 'Antimony' is a known ingredient of modern sophisticated explosives,
this age-old eye-cosmetic has gone out of fashion and favour.

610
Surah Al-Baqarah 2 : 236 - 237
قَبْلٍ أَنْ تَتُوُهُنَّ وَقَدْ فَرَضُتُمْ لَهُنَّ فَرِيْضَةً فَنِصْفُ مَا فَرَضُهُمْ
إِلَّ أَنْ يَعْفُوَنَ أَوْبَعْفُوَ اَلَّذِىُ بِبَدِهِ عُقْدَةُ النِّكَاحِ وَأَنْ تَعْفُوًّا
اقْرَبُ لِلتَّقْوَى وَلَا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ إِنَّ اللّهَ بِمَا تَعْمَلُوْنَ
بَصِيُ 0
There is no sin on you if you divorce women when you
have not yet touched them nor fixed for them an
amount. So, give them benefit, a rich man according to
his means and a poor one according to his means -- a
benefit in the recognized manner, an obligation on the
virtuous. And if you divorce them before you have
touched them, while you have already fixed for them
an amount, then there is one half of what you have
fixed, unless they (the women) forgive, or forgives the
one in whose hand lies the marriage tie. And it is closer
to Taqwa 53 that you forgive. And do not forget being
graceful to one another. Surely, Allah is watchful of
what you do. (Verses 236 - 237)
Commentary
Keeping dower and consummation in view, divorce can be of four
situations. The injunction concerning the first two of these has been
stated in these verses. (1) Dower is not fixed and consummation has
not taken place. (2) Dower is fixed but consummation has not taken
place. (3) Dower is fixed and consummation has taken place. Here the
fixed dower will have to be paid in full. This injunction appears
elsewhere in the Holy Qur'an. (4) Dower has not been pre-fixed but
divorce was given after consummation. Here full mahr al-mithl (a
dower as in the divorcees' family) will have to be paid. It means the
amount of the dower will be the same as customarily given in the
immediate family circle of the woman. This too has been taken up in
yet another verse of the Holy Qur'an.
The injunction related to the first two situations has been stated in
the verses appearing here. Out of the two, the injunction for the first
situation is: No dower is due but it is obligatory for the husband to
53. The sense of being responsible to Allah.

611
Surah Al-Baqarah 2: 236 - 237
give something on his own to the woman -- the least being a set of
clothes. In fact, the Holy Qur'an has not fixed any amount for this gift.
However, it does indicate that the affluent should give in accordance
with their capacity, which carries an element of persuasion for the
man of means who should not behave tight-fisted in this act of grace.
Sayyidna Hasan e Al +,, in a situation like this, gave a gift of twenty
thousand dirhams to the divorced woman, and Qadi Shurayh, that of
five hundred dirhams; and Sayyidna Ibn 'Abbas as Al , has said that
the lowest degree here is to give one set of clothes. (Qurtubi)
In the second situation, when the woman's dower has been fixed
before marriage and divorce occurs before actual consummation, the
injunction says that the man shall be obligated to pay half of the
dower already fixed. However, should the woman forgive, or should
the man pay the whole, this will be a matter of free choice, as is
evident from the verse:
إِلَّ أَنْ تَعْفُونَ أَوْ يَعْفُوَ الَّذِىُ بِيَدِهِ مُقْدَةُ النِّكَاحِ
Unless they (the women) forgive, or forgives the one in
whose hand lies the marriage tie. (2:237)
The use of the word ya'fu ('forgives') to cover even the payment of
full dower, perhaps, reflects the customary Arab practice of the
payment of dower amount simultaneously with the marriage. If so, the
husband has become, in the event of a pre-consummation divorce,
deserving of taking half of the dower back. Now, if he yields
voluntarily and does not take his half back, this too, would virtually be
an act of forgiving. And the act of forgiving has been declared more
merit-worthy, and closer to Taqwa (the sense of being responsible to
Allah, commonly rendered as piety or fear or righteousness in absence
of an exact equivalent); because this forgiveness symbolically indicates
that the severance of the bond of marriage was also done with
magnanimity and good grace, which is the objective of the Shari'ah
and certainly, deserving of great merit -- the forgiveness could come
from the woman, or from the man, it does not matter.
Explaining the words of the verse أَلَّذِىُ بِيَدِ عُقَّدَهُ النكاح (in whose hands
ولى عقدة النكاح :lies the marriage tie), the Holy Prophet y has himself said
Fl , that is, 'the husband is the guardian (wali) of the bond of mar-

612
Surah Al-Baqarah 2: 238 - 239
riage.' This hadith appears in Darqutni as narrated by 'Amr ibn
Shu'ayb from his father on the authority of his grandfather, and also
from Sayyidna 'Ali رضى الله عنه and Sayyidna ibn 'Abbas رضى الله عنه (Qurtubi).
This also proves that the authority to continue or terminate the
bond of marriage rests with the husband. It is he who can pronounce
talaq (divorce). The woman cannot divorce her husband.
Verses 238 - 239
حَافِظُوا عَلَى الصَّلَوْتِ وَالصَّلُوقِ الْوُسْطِىْ وَقُرْمُوْا لِلَّهِ
قُنِتِينَ﴾ فَإِنْ خِفُتُمْ فَرِجَالًا أَوْ رُكْبَانًا فَإِذَاَ آَمِنْهُمْ فَاذْكُرُوا
اللّهَ كَمّا عَلَّمَكُمْ تَمَالَمْ تَكُونُوا تَعْلَمُوُنَ 0
Take due care of all the prayers, and the middle
prayer, and stand before Allah in total devotion. But if
you are in fear, then (pray) on foot or riding. And when
you are in peace, recite the name of Allah as He has
taught you what you did not know. (Verses 238 - 239)
Commentary
Based on the authority of some ahadith, a very large number of
'ulama', have said that al-salat al-wusta or the middle salah is the sa-
lah of 'Asr because there are before it, two Salahs during the day, that
of Fajr and Zuhr; and after these come two evening Salahs, that of
Maghrib and 'Isha'. Special emphasis has been placed on it because
this is a time in which most of the people are busy in their professional
work.
Incidentally, the Qur'anic word, Qanitin meaning obedient or
submitting, rendered here as 'stand before Allah in total devotion', has
been explained in Hadith as denoting sukut or motion-less silence.
It was through this very verse that talking in salah was forbidden.
Earlier, talking was permissible. The verse 239 has allowed a special
way of offering prayers in the state of 'fear' i.e. the state of war. In
such a state, one can offer salah (prayer) while standing, with a
condition that he can stand in one place without moving, and can
make the gesture of sajdah in a lower position than he makes in ruku'.
However, salah cannot be performed while walking. If it is not possible
to perform the prayer in the said manner, such as at the time of actual

613
Surah Al-Baqarah 2 : 240 - 242
fighting, then, it is permissible to delay the prayer and to offer it later
as qada'.
Verses 240 - 242
وَالَّذِيْنَ يُتَوَّقَوْنَ مِنْكُمْ وَيَذَرُوْنَ أَزْوَاجًاٌ وَصِنَّةً لِأَزْوَاجِهِمْ
مَّتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجْ فَإِنْ خَرَجُنَ فَلَا مُجُنَاحَ عَلَيْكُمُ
فِىُ مَا فَعَلْنَ فِىٌ اَنْفُسِهَِ مِنْ تَمَعْرُوُفْ وَاللَّهُ عَزِيزٌ حَكِيمٌ 0
وَلِلْمُطَلَّقْتِ مَتَاعٌ بِالْمَعْرُوْفِهُ حَقًّا عَلَى الْمُتَّقِيْنَ ا كَذَلِكَ
يُبَِّنُ اللَّهُ لَكُمُ أَيْتِهِ لَعَلَّكُمْ تَعْقِلُونَ ﴾
And those among you who pass away and leave wives
behind are to make a will in favour of their wives to
benefit them for one year without being expelled. Then,
if they move out, there is no sin on you in what they
have done for themselves of the recognized practice.
And Allah is Mighty, Wise. And the divorced women
deserve a benefit as recognized, being an obligation on
the God-fearing. This is how Allah makes His verses
clear to you, that you may understand. (Verses 2:240 -
242)
The text now returns to the subject of divorce mentioned in verses
234-237. The command to take due care of all prayers (verses 238-239)
put in between was to remind that the real thing in life is a constant
orientation towards Allah, not only in prayers where it is more
pronounced, but also in social relationships such as marriage and
divorce, rather, in all areas of one's life. The message is: Follow rules
set by Allah in your ultimate interest.
Verses 240-242 cited above give guidance on the provision of
residence and maintenance for widows which has been explained in
the commentary which follows.
1. In the Age of Ignorance, the period of waiting for a widow was
one year, and in Islam, it came to be four months and ten days rather
يَتَرَّتَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أشْهُر ◌َّ عَشْرًا than one full year as we already know from
:"They keep themselves waiting for four months and ten days,' in Verse
234, explained earlier. However, women were given a certain
advantage in this respect. Those were the days when the injunction of
-

614
Surah Al-Baqarah 2 : 240 - 242
inheritance was not revealed and a wife's share in the inheritance was
yet to be determined; in fact, the rights of all others simply revolved
around the will of the deceased, as we have already learnt from the
explanation of the verse 2:180. Therefore, it was made obligatory that
a woman should be allowed to live in the premises of her late
husband's house for one full year if she so desires. It was also
mandatory under this arrangement that she be given her maintenance
during this period out of what has been left behind by her husband.
This rule is mentioned in this verse. Husbands have been instructed to
make wills to this effect. Since this was the right of the woman and
she had the choice to receive or leave it, therefore, it was not
permissible for the inheritors to evict her out of the house, but it was
permissible for her not to live in that house at her discretion, and
leave her due for the inheritors. The condition, however, was that
'iddah or the waiting period of four months and ten days be completed.
After the completion of this period she could leave the house of her
husband and could enter into a new marriage with another person.
This is what is meant by the Qur'anic expression: "Then, if they move
out, there is no sin on you in what they have done for themselves of
the recognized practice." However, going out during the period of
'iddah and getting married was all counted as sin -- not only for the
woman concerned but also for those who could stop her yet did not do
so. When 'the verse of inheritance' was revealed, the woman received
her ordained share in the house and in all other items of inheritance
on the strength of which she had the choice to live in her section of the
house and spend out of her share in the inheritance after the
completion of four months and ten days, and this verse was abrogated.
Verse 241: The divorced women deserve a benefit
Providing compensatory benefits ("& : mata') for divorced women
has also been dealt with in verses earlier than this, but that was re-
stricted to two types of divorced women who were divorced before pri-
vacy and consummation. The first case of providing compensatory ben-
efits was the giving of a set of clothes. The second case was of
providing compensatory benefit in the form of half of the dower. Now
remains the case of divorcees who were divorced after privacy and con-
summation. Here, providing compensatory benefits to one whose dow-
er has already been fixed lies in giving her the full amount of dower or

615
Surah Al-Baqarah 2 : 243 - 244
mahr. For one whose dower has not already been fixed, a post-
consummation divorce will make it obligatory to give her mahr al-
mithl or 'equivalent dower' (as customarily given in the immediate
family circle of the woman). If the word 'benefit' used in this verse is
taken to mean 'dower', its payment is obligatory according to these de-
tails. However, if we take mata' to mean a particular benefit, that is,
the giving of a gift or set of clothes, then giving this to a particular
type of divorced woman is obligatory which has been pointed out earli-
er. In the rest of the cases, this is mustahabb or desirable. And should
mata' be taken to mean maintenance or nafaqah, then it is obligatory
until the expiry of 'iddah in the case of a divorce after which 'iddah has
to be observed. The divorce may be revocable (_)) or irrevocable ((54) --
it does not matter. To sum up, the verse, by using universally applica-
ble words, covers all situations.
Verses 243 - 244
اَلَمْ تَرَ إِلَى الَّذِيْنَ خَرَجُوا مِنْ دِيَارِهِمْ وَهُمْ أُلُوْفُّ حَذّرَ الْمَوْتِ»
فَقَالَ لَهُمُ اللَّهُ مُوْتُوَاتِثُمَّ أَحْيَاهُمْ إِنَّ اللّهَ لَذُوُفَضْلٍ عَلَى
النَّاسِ وَلَكِنَّ أَكْثَرَ النَّاسِ لَا يَشْكُرُوْنَ ا وَقَاتِلُوا فِىُ سَبِيْلٍ
اللّهِ وَاعْلَمُوْآ ◌َنَّ اللّهَ سَمِيعٌ عَلِيمٌ )
Have you not seen those who being in thousands, left
their homes to escape death? So, to them Allah said, "Be
dead." Then He raised them alive. Surely, Allah is
all-gracious to people, but most of the people are not
grateful. And fight in the way of Allah, and know that
Allah is All-Hearing, All-Knowing. (Verses 243 - 244)
Commentary
In a uniquely eloquent manner, the two verses (243, 244)
appearing above and verse 245 which follows, present guidance that
prompts the sacrifice of one's life and possessions in the way of Allah
Almighty. Consequently, before stating related injunctions, an
important event of history has been taken up which makes it clear
that death and life are subservient to the destiny determined by Allah.
Going into a battle in jihad is not the cause of death, and running
away from it, out of cowardice, is not the means to avoid death.

616
Surah Al-Baqarah 2 : 243 - 244
On the authority of revered Companions (Sahabah) and their
successors (Tabi'in), Tafsir ibn Kathir explains this event as follows:
There was a group of Israelites in a city which was struck by
plague or some other epidemic. The whole group, some ten thousand in
number, panicked. Leaving the city out of fear of death, all of them
went out to camp in an open plain located between two mountains.
Allah Almighty, in order to impress upon other peoples of the world
that no living being can escape death by running away from it, sent
two angels who stood on the two ends of the plain and sent forth some
sort of shrill cry which caused all of them to drop dead instantly. Not
one of them was left alive. When the people living in the adjoining
area heard about this event, they hurried to the site. Making
arrangements to shroud and bury ten thousand human beings was no
easy task. They, therefore, enclosed the whole area with a fence of
boughs making a hovel-like shed for the corpses which, in due course,
were decomposed leaving bare bones lying around. After a long time,
one of the prophets of Bani Israel, whose name has been identified as
Hizqil or Ezekiel, passed through this location. He was amazed to see
human bone structures strewn all over inside an enclosed shed. The
whole story of these people was related to him through revelation.
Prophet Ezekiel, WI de prayed Allah to bring these people back to
life. Allah Almighty answered his prayer and he was asked to
ايتها العظام البالية أن :address those crumbled bones in the following manner
O bones, old and worn, Allah commands you to gather' الله يامرك أن تجتمعى
together (joint by joint, as you were).'
These bones received the command of Allah Almighty through the
words of the Prophet and obeyed it. Isn't it that these very bones are
considered by the whole world, devoid of reason and consciousness but
they too, like every single particle of the world, are oriented to Divine
commands and, possess senses and perceptive ability in proportion to
their state of being, and are obedient to Allah Almighty. This is what
the Holy Qur'an points to in the verse:20:50) أَعْطَى كُلَّ شَىْءٍ خَلَقَةً ثُمَّ هَدى).It
means that Allah Almighty created everything and then gave it
(built-in) guidance in proportion to its state of being. The great poet,
Maulana Rumi has said about such phenomena:

617
Surah Al-Baqarah 2 : 243 - 244
خاك وباد وآب وآتش بنده اند
بامن وتو مرده باحق زنده اند
Dust, air, water and fire have been bonded together;
To me and you they are dead; to God they are alive.
So, when every human bone found its proper place at the behest of
a single call, the Prophet was commanded to give yet another call to
them as follows:
أيتها العظام إن الله يأمرك أن تكتسى لحما وعصبا وجلدا
O bones, Allah Almighty commands you to wear your muscles,
flesh, nerves and skin.
Immediately following the call, every skeleton of bones turned into
a complete corpse under their very eyes. Then came the command that
their souls be addressed as follows:
أيتها الأرواح إن الله يامرك أن ترجع كل روح إلى الجسد الذى كانت تعمره
O souls, Allah Almighty commands you to return to your re-
spective bodies you once inhabited.
As the call was given, all corpses stood up alive before their very
eyes and started looking around in wonder. They were saying: Y&b __
csl y! ! : 'Sacred are You (O Lord); there is no god but You.'
This formidable event was not only a thought-provoker for the wise
of the world, its philosophers and thinkers, and certainly, a decisive
argument against the deniers of the Last Day, but was also a guidance
for mankind pointing out that running because of the fear of death, be
it from jihad or from plague or some other epidemic, is just not
possible for one who believes in Allah Almighty and in the fate He has
determined -- the one who is certain in his belief ('iman) that there is a
time for death; it cannot come a second earlier, and it cannot be
postponed to a second later. Therefore, this effort to run from death is
not only redundant and wasteful, but also goes on to become the cause
of Allah Almighty's displeasure.
Now let us look at this incident through the words of the Holy
Qur'an. To relate the event, it says: ◌ُأَلَمُ تَرَ إِلَى الَّذِينَ خَرَجُوا مِنْ دِيَارِهِم that is,
'Have you not seen those who left their homes to escape death?'

618
Surah Al-Baqarah 2 : 243 - 244
It must be noted here that this incident belongs to a time
thousands of years before the Holy Prophet . He just cannot be
asked to see it. What then, is the purpose of saying $ ff : 'Have you not
seen?' Commentators have said that, in all situations where the Holy
Prophet has been addressed with the words: 1 (Have you not
seen?) -- although the incident belongs to a time earlier than him, and
it cannot be 'seen' by any stretch of imagination -- the act of seeing
(ru'yah) stands for seeing through the heart (ru'yah al-qalb), which
means seeing through knowledge and insight. In still other words,
'Have you not seen?' appears on such occasions in the sense of Plan
:'Did you not know?' But there is wisdom in allowing this situation to
be expressed through the Qur'anic form : 31. It points out that this
incident is patently known and seen and that this incident is as
certain as if it is being seen today, and is worth seeing too. The
addition of the word JI (ila: toward) after { J : 'Have you not seen?'
helps pointing out in this direction as based on the nuances of the
language.
Immediately following this, they have been identified as being
fairly large in numbers -- '&J; (being in thousands). As to what the
exact number was, there are various reports, but in accordance with
the rules of Arabic language, this word ulufun is jam' al-kathrah
(plural of multitude), which is not used for something less than ten.
This tells us that their number was not less than ten thousand.
After that, it is said: (? ", Jus that is, Allah Almighty said to
9,99
them: 'Be dead'. This command of Allah Almighty could both be direct,
or indirect -- through an angel, as it is in another verse (36:82): Sel 15
which means :When He wishes to do something, He شَيْئًا أَنْ يَقْولَ لَهْ كُنُ فَيَكُورُ
bids it to be, so it comes to be.
After that, it is said: ◌ِإِنَّ اللّهَ لَذُوُ فَضْلٍ عَلَى النَّاس that is, surely Allah
Almighty is immensely graceful to human beings. This includes the
grace He showed to that particular group of people from the Bani
Israel by bringing them back to life, as well as the grace He has shown
to the community of Muhammad & by telling them about this incident
and by making it a model lesson for them.
In the end, to awaken the negligence-prone man, it was said:
But most of the people are ungrateful.' It means': وَلكِنَّ أَكْثَرَ النَّاسِ لَا يَشْكُرُونَ

619
Surah Al-Baqarah 2 : 243 - 244
that human beings do behold thousands of demonstrations of Divine
grace and mercy, yet most of them show no gratitude.
Related Injunctions and Rulings
This verse helps us identify some facts and injunctions. These are
as follows:
Divine decree overcomes human planning: No effort can be
effective against that which has been determined by Allah (Taqdir)
and running away from jihad or plague or its likes cannot help one
save his life (Tadbir), nor being in it can become a cause of death. The
fact is that death comes at an appointed time; it can neither be earlier
nor later.
Rules pertaining to the place of epidemic: It is not permissible
to escape out from an area affected by plague and its likes for safety
elsewhere. In addition to this, as said by the noble Prophet , it is
not correct for other people to go there. It appears in Hadith:
إن هذا السقم عذب به الأمم قبلكم فإذا سمعتم به فى الأرض فلا
تدخلوها، وإذا وقع بأرضٍ وأنتم بها فلا تخرجوا فرارا
Allah Almighty has, through this disease (plague),
punished peoples who were before you. So, when you
hear about its spreading in a certain area, do not go
there; and if it spreads in an area where you already
are, do not go out escaping from it. (Bukhari and Muslim and
Ibn Kathir)
It appears in Tafsir al-Qurtubi that Sayyidna 'Umar a dll Je, once
embarked on a journey heading for Syria. When he reached Saragh, a
place near Tabuk bordering Syria, he came to know that the whole of
Syria was affected by a severe plague. This was regarded as a great
calamity in the history of Syria. This plague is known as 'Amawas',
because it started from a town called 'Amawas' (located near
Baytul-Maqdis) and spread throughout the country. Thousands died
and became shahid in this plague including many Sahabah and
Tabi'in (Companions and their Successors).
When Sayyidna Umar رضى الله عنه heard about the severity of the
plague, he decided to stay where he was and sought the advice of the
noble Companions, رضى الله عنهم أجمعين whether they should go into Syria at

620
Surah Al-Baqarah 2 : 243 - 244
such a time, or they should return back. There was not one blessed
person present during the consultations who was aware of any
guidance from the Holy Prophet @ about this matter. Later, Sayyidna
،Abd al-Rahman ibn 'Awf رضى الله عنه narrated the following hadith :
إن رسولَ اللّه صلَّى الله عليه وسلّم ذكر الوجع فقال: رجز وعذاب عذب به
الأمم ثم بقى منه بقية فيذهب المرّة ويأتى الأخرى فمن سمع به بأرضٍ فلا
يقدمنَّ عليه ومن كان بأرض وقع بها فلا يخرج فراراً منها
The Holy Prophet & referring to the disease (plague) said:
This is a punishment that was inflicted on some peoples; later
on some of it remained. This remainder goes away for some-
time, then returns. So, one who hears that a certain area is af-
fected by it, he should not go there; and one who is already
there, he should not go out running from it (the plague). (al-
Bukhari and others)
When Sayyidna 'Umar Le In >, heard this hadith, he ordered his
men to return. Sayyidna Abu 'Ubaydah e Algo, , the governor of Syria
was present on the occasion. Taking notice of the orders given by
Sayyidna Umar رضى الله عنه ,he commented :أفرارا من قدر الله (Do you want to
run from Divine destiny?) In reply, Sayyidna 'Umar au Ml +, said: 'O
Abu 'Ubaydah, I wish this was said by someone else' meaning thereby
'a comment like this, and that too from you, is certainly surprising.'
Then he said:نعم نفر من قدر الله إلى قدر الله :Yes, we do run from Divine decree
to (nothing but) Divine decree' meaning thereby -- 'whatever we are
doing we are doing in obedience to none else but Allah and His
command which the Messenger of Allah & has explained to us.'
3. There is great wisdom in the prophetic sayings about plague: In
accordance with the hadith stated above, we have been told that it is
prohibited for outsiders to enter an area affected by plague or its likes;
while it is equally prohibited for those who live there to run for their
lives from that area.
In addition to this, the basic Islamic belief is that neither going
anywhere is the cause of death, nor running from anywhere is the
source of deliverance from it. Keeping this cardinal belief of Islam in
view, the given instruction is based on very far-sighted stances of
wisdom.
(1) Let's look at the first element of wisdom in stopping outsiders

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Surah Al-Baqarah 2 : 243 - 244
from going into a plague-affected area. Isn't it quite possible that
someone may be at the fag end of his years and should he die because
of this disease, it might have occurred to the deceased at some stage
before his death that he might have lived had he not come into that
area. Not only him, others might also think that his death occurred
because he came there; although, whatever happened was
pre-ordained. His age was no more than that. No matter where he
lived, his death had to come at that particular time. It may be noted
that the belief of Muslims has been saved from indecision through this
instruction lest they should fall a victim to misunderstanding.
(2). The second aspect of wisdom here relates to the guidance Allah
Almighty has given to man that he should not go where there is a
danger of being harmed, or an apprehension of being killed; in fact, he
should do his best to keep away from everything that could cause
harm or death. Not only that, it has been made binding on every man
to save his life. This rule demands that one should, keeping his total
trust and belief in Divine decree, take all necessary precautionary
measures without any negligence. One of these measures is that he
should not go to a place where his life may be in danger.
Similarly, the instruction, that residents of an area infected with
plague should not escape out of their fearing death, has its own merits:
a) The first wise counsel has a social and collective nature. For
instance, should this escaping in panic become contagious, the rich
and the powerful in the area would certainly run away. But, what
would happen to those who are incapable of going anywhere. To begin
with, left all alone, they will be terrified to their death. Then there will
be sick among them -- who will take care of them? Should they die,
who will manage their burial?
b) The second point of wisdom here tells that there will be some
among the people present in that area who would be carrying germs of
this disease. If they travel in that condition, they are likely to suffer
more from all sorts of hardships. If they get sick while travelling, who
knows what would come upon them. Ibn al-Madini has quoted the
saying of scholars: مافر أحد من الوباء فسلم :'One who runs from an epidemic
never stays safe.' (Qurtubi)

622
Surah Al-Baqarah 2 : 243 - 244
c) There is still a third element of wisdom here. Isn't it that people
infected by germs of the disease would be potential carriers of the
epidemic wherever they go? If they elected to stay where they are,
with patience and in trust, they might possibly get rid of the disease.
And if, death was pre-ordained in this very disease, they will have the
proud rank of shahadah (martyrdom) because of their patience and
perseverance, as has been pointed out in Hadith.
Imam al-Bukhari has reported from Yahya ibn Ya'mur that
Sayyidah 'A'ishah al-Siddiqah رضى الله تعالى عنها told him that she had
asked the Holy Prophet & about plague when he informed her that
this disease was a punishment sent to a people who were to be
punished by Allah's will. Then, Allah made it mercy for true believers.
So, a slave of Allah who stays on with patience and peace in his
locality believing that no harm can touch him except that which Allah
has decreed for him -- for such a person the merit in return shall be
equal to that of a shahid.
And this also explains the hadith in which it is said: 'The plague is
shahadah (martyrdom) and one who dies in the plague is a shahid
(martyr).' (Qurtubi, vol.3, p. 235).
Some Exceptions
The words used in the hadith are: فلا تخرجوا فرارا منه (You should not go
out running from it) which tell us that a person who goes somewhere
else, not because of the fear of death, but because of some other
pressing need, will not be affected by this prohibition. Similarly, if
someone has a firm belief that he cannot escape his destiny wherever
he goes, but he wants to go simply for change of climate, he is also
exempted from this prohibition.
Similarly, if a person enters an area affected by plague because of
some pressing need while he firmly believes that death will not come
to him just because he is coming here -- since death is subservient to
the will of Allah, it will be permissible for him to go there.
(3) The third principle inferred from this verse is: that it is also not
permissible to desert Jihad from fear of death. This question has been
taken up elsewhere in the noble Qur'an in greater details, where some
special situations have been exempted.

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Surah Al-Baqarah 2 : 243 - 244
The subject dealt with in this verse reappears in yet another verse
which deals with those who run away from Jihad or do not take part
in it. It is said:
أَلَّذِّيْنَ قَالُوْا ◌ِخْوَانِهِمُ وَقَعَدُوا لَوْ أَطَاءُوْنَا مَا فُتِلُوا قُلُ فَادُرَأُوْا عَنْ أَنْفُسِكُمْ
الْمَوْتَ إِنْ كُنْتُمْ طِقِيُنّ
Some people (who did not themselves take part in jihod) say
(about those who do take part in jihad, and die as shahids)
"These people did not listen to us, therefore, they were killed.
If they had listened to us, they would have not been killed.'
(The blessed Prophet was commanded to) tell them: 'If you
have the power to escape death, why worry about others, wor-
ry about your own selves and rescue yourselves from death ,
(that is, whether or not you go in jihad does not matter; death
will come to you even when sitting home).
It is a marvel of nature that the greatest commander of the Muslim
army in the early days of Islam, Sayyidna Khalid ibn Walid e July),
who was known as the 'sword of Allah' and who spent his entire
Islamic life in jihad, did not meet his death as a shahid on the
battlefield! He died on his sick-bed, at his home. Close to his hour of
death, lamenting over his dying on bed, he said to his family: 'I
participated in so many great battles in jihad. I do not have a single
part on my body, which has no wound-mark inflicted by swords and
spears; but here I am, dying like a donkey on my bed. May Allah
Almighty give no rest to cowards. Let them hear my advice.'
The incident relating to the Bani Israel was brought in this verse
as an introduction. In the next verse appears the injunction relating to
jihad and qital (fighting in the way of Allah) which was the real
purpose in introducing this story, that is: Do not take going on jihad as
going into the jaws of death and do not assume that running away
from jihad will deliver you from your appointed time of death. Better
still, obey the injunctions of Allah Almighty and achieve the best of
both the worlds. Allah Almighty is the Hearer and Knower of all you
say and do.
The third verse (245), which follows, deals with the merits of
spending in the way of Allah.