Indexed OCR Text

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Surah Al-Ma'idah : 5 : 101 - 103
Verses 101 - 103
◌َيُّهَا الَّذِيْنَ امَنُّوا لَا تَسْتَلُؤْا عَنْ أَشْيَاءَ إِنْ تُبْدَ لَكُمْ تَسُؤُكُمٍُ
وَإِنْ تَسْتَلُوا عَنْهَا حِيْنَ يُنَُّ الْقُرَانَ تُبْدَ لَكُمْ ء ◌َفَا اللهُ
عَنْهَاء وَاللَّهُ غَفُورٌ حَلِيمٌ ﴿١٠١﴾ قَدُ سَلَهَا قَوْمٌّ ◌ِنُ قَبْلِكُمْ ثُمَّ
أَصْبَحُوا بِهَا كُفِرِينَ ﴿١٠٢﴾ مَاجَعَلَ اللَّهُ مِنْ بَحِيْرَةٍ وَّلَا
سَائِبَةٍ وَّلَا وَصِيْلَةٍ وَّلَا حَامٍ، وَ لكِنَّ الَّذِيْنَ كَفَرُوا يَفْتَرُوُنَ عَلَى
اللَّهِ الْكَذِبَ ﴿ وَأَكْثَرُهُمْ لَا يَعْقِلُونَ ﴿١٠٣)
O those who believe, do not ask about things which, if
disclosed, may displease you; and if you ask about them
when the Qur'an is being revealed, they will be dis-
closed to you. Allah has pardoned you for it. And Allah
is Most Forgiving, Forbearing. [101] People before you
have asked such questions, then became disbelievers
because of it. [102]
Allah has made no Bahirah, no Sa'ibah, no Wasilah and
no Hami (names of animals dedicated to idols in Jahi-
livyah on different grounds) but those who disbelieve
coin a lie against Allah, and most of them do not under-
stand. [103]
Commentary
The Prohibition of Asking Unnecessary Questions
These verses warn people who keep investigating unnecessarily
into Divine injunctions. So fond and bent are they in this exercise
that they would go to the outer limit of asking questions even about in-
junctions which have not been prescribed at all and for which there is
really no genuine need that they be asked. In this verse, such people
have been instructed not to ask questions lest they are subjected to
some trial, or they have to face disgrace as a result of the disclosure of
their secrets.
The Background of the Revelation
As narrated in Şahih Muslim, the background or the cause of the
revelation of these verses is as follows. When the verse concerning the

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obligation of Hajj was revealed, Sayyidna Al-Aqra' ibn Habis Le All ò,
asked: 'Have we been obligated with Hajj every year?' The Holy Proph-
et صلى الله عليه وسلم did not answer that question. He asked again. The
Holy Prophet صلى الله عليه وسلم still remained silent. When he asked a
third time, the Holy Prophet صلى الله عليه وسلم reprimanded him by saying:
If, in answer to your question, I had said, 'Yes, the Hajj is obligatory
every year' - so it would have become, and you would have been unable
to do it. After that, he added: Things about which I give you no com-
mand, leave them as they are. Do not ask questions by digging and
prying into them. Communities before you have been damned eternal-
ly through this very proliferation of questioning because they, ques-
tions after questions about what Allah and His Messenger did not
make obligatory on them, and in consequence of their unnecessary en-
quiry, these optional things were made obligatory - and then, they got
involved in the unfortunate practice of disobeying these. Your estab-
lished routine should be: Do what I order you to do, with the best of
your ability, and leave what I order you not to do (that is, do not dig
and pry into things about which no injunctions are given).
There is No Nubuwwah (Prophethood) and Wahy (Revelation)
صلى الله عليه وسلم after the Holy Prophet
وَإِنْ تَسْتَلُوا عَنْهَا حِيْنَ مِنَزَّلُ الْقُرَارُ تُبْدَ لَكُمُ: It has also been tacitly said in this verse
: 'and if you ask about them while the Qur'an is being revealed, they
will be disclosed to you (through revelation).' Here, by restricting it
with the time duration of the revelation of the Qur'an, the indication
given is that it will be after the completion of the revelation of the
Qur'an, that the process of Prophethood (Nubuwwah) and Revelation
(Wahy) will be discontinued.
Though, after the discontinuation of this process of Prophethood
and Revelation, the consequences that new injunctions may come,
things not obligatory may become obligatory or someone's secret may
be disclosed through revelation are not likely to take effect - but, mint-
ing unnecessary questions, falling for investigations into them or ask-
ing about things for which there is no need, shall still remain prohibit-
ed, even after the discontinuation of the process of Prophethood. The
reason is simple. This is a waste of time - your own and that of others.
The Holy Prophet صلى الله عليه وسلم has said:

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Surah Al-Ma'idah : 5 : 101 - 103
مِنُ مُسْنِ إِسْلَامِ الْمُرْءِ تَرْكُهُ مَالَا يَعْنِيُهِ
One of the qualities making someone a good Muslim is that
one leaves what is unnecessary.
This tells us that many of our brother Muslims who keep investi-
gating into unnecessary subjects, such as, the name of the mother of
Sayyidna Musa >JI ule, or the precise length and breadth of the Ark of
Sayyidna Nuh JI _Je, indulge in what has no effect on one's conduct
in life. Therefore, asking such questions is blameworthy - specially
when it is already known that people who tend to ask such questions
are mostly unaware of the basics of their religion. The problem is that
falling for what is wasteful invariably results in making one stay de-
prived of doing what is necessary. As for the large body of work left by
Muslim jurists in which they have answered assumed religious prob-
lems and questions, it was not something unnecessary. Later events
proved that they were needed by future generations. Therefore, they
do not fall under the purview of wasteful or meaningless questions. It
is also a part of Islamic teachings that one should not indulge in any
activity, whether intellectual or practical, a task or a conversation,
and waste precious time through it, unless there is some gain to be
made from it in terms of the worldly or other-wordly life.
The Definition of Bahirah and Sa'ibah
The names Bahirah, Sa'ibah, Wasilah and Hami are connected with
customs prevailing during the days of Jahiliyyah. Commentators dif-
fer in their exegesis. It is possible that all these words were applied
each to a different situation. We limit ourselves to the explanation
given by Sayyidna Said ibn al-Musaiyyib ue dil go, as it appears in the
Şahiņ of Al-Bukhari:
BAHIRAH, an animal the milk from which was dedicated in the
name of idols, and was not used by anyone personally.
SAIBAH, an animal which was released in the name of idols, like a
bull in some rural areas of our time.
HAMĪ, a male camel having copulated with a particular number,
which was also released in the name of idols.
WAȘILAH, a she-camel giving birth to female offspring continuous-

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ly, uninterrupted by the birth of a male, was also released in the name
of idols.
In addition to doing what was Shirk, these people were challenging
the right of benefiting from the meat of an animal, or its milk, or rid-
ing it, declared permissible by Almighty Allah, and placing their own
restrictions on their being lawful or unlawful - as if the office of mak-
ing Divine laws belonged to them! And the cruel joke was that they
took these polytheistic customs of theirs to be the source of attaining
the pleasure and nearness of Almighty Allah. The answer to this was:
Almighty Allah had never appointed these customs. If their elders did
it, they fabricated lies against Him, and the ignorant masses accepted
them. In short, a two-pronged warning has been given here by saying
that the way it is a crime to invite hardships in Divine injunctions by
asking purposeless questions, similarly, it is much more serious a
crime that one goes about proposing things as Halal or Haram based on
one's personal opinions and desires without the will and command of
the Law-Giver. (Tafsir Usmani )
Verse 104 - 105
وَإِذَا قِيْلَ لَهُمُ تَعَالَوًا إِلى مَّا أَنْزَلَ اللَّهُ وَإِلَى الَّسُوْلِ قَالُوْا
حَسْبُنَا مَا وَجَدُنَا عَلَيْهِ آبَاءَنَاء أَوَلَؤُ كَانَ آبَاؤُهُمْ لَا يَعْلَمُوْنَ
شَيئًا وَّلَا يَهْتَدُونَ ﴿١٠٤) ◌َآَيُّهَا الَّذِيْنَ امَنُوا عَلَيْكُمْ أَنْفُسَكُمُ
لَا يَضُرُّكُمْ مَنُ ضَلَّ إِذَا اهْتَدَيْتُمُ﴿ إِلَى اللّهِ مَرْجِعُكُمْ جَمِيعًا
فَيُنَبِّئُكُمْ بِمَا كُنْتُمْ تَعْمَلُونَ ﴿١٠٥)
And when it is said to them, "Come to what Allah has
sent down, and to the Messenger;" they say, "sufficient
for us is what we have found our forefathers on." Is it
so, even though their forefathers knew nothing, and
had no guidance either? [104]
O those who believe, take care of your own selves. The
one who has gone astray cannot harm you, if you are
on the right path. To Allah is the return of you all.
Then, He will tell you what you have been doing. [105]

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Sequence of Verses
Mentioned earlier was one ignorant habit of the disbelievers who
were very rigid in their customs. There were many more of such habits
which made Muslims grieve. Therefore, the text now addresses Mus-
lims asking them not to worry about others. They have been asked to
correct themselves first - and then try to reform others within the limit
of what they can do. Onward from there, that their efforts bear fruit is
something beyond their control. Therefore, for them the best course is:
Do your own job and not the job of others.
Commentary
The Background of the Revelation of the Verses
Following forefathers was one of the many customs of Jahiliyyah
which had involved them in all sorts of evils, and equally deprived
them of all kinds of virtues too. As reported in the Tafsir Al-Durr Al-
Manthur from Ibn Abi Hatim, if a lucky person listened to the truth
and embraced Islam, he was put to shame on the plea that he had
proved his forefathers to be no good since he took to another way at
the cost of the way of his forefathers. It was this compounded error of
theirs whereupon the following verse was revealed:
وَإِذَا قِيْلَ لَهُمْ تَعَالَوْا إِلى مَّا أَنْزَلَ اللهُ وَإِلَى الرَّسُوْلِ قَالُوا حَسْبُنَا مَا وَجَدْنَا
عَلَيْهِ آبَاءَنَا
And when it is said to them, "Come to what Allah has sent
down, and to the Messenger;" they say, "sufficient for us is
what we have found our forefathers on."
In other words, when they were asked to turn to the truth and to
the injunctions revealed by Allah Ta'ala, and to the Messenger who is,
in all possible respects, the guarantor of good for them, then, they
have no answer to give but that 'the customs on which we found our
forefathers are sufficient for us.'
This is the master argument of Shaytan which made millions of
people fall into error despite having at least average sense, knowledge
and skills. Answering it, the Qur'an said: اوَ لَوُ كَانَ أبَاؤُهُمْ لَا يَعْلَمُونَ شَيْنًا (Is it so,
even if their forefathers knew nothing ... ). For those who would care
to ponder, this one sentence of the Qur'an has provided a correct prin-
ciple to uphold when following a person or group or party - a principle

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which brings sight to the unsighted and reality to the ignorant and the
heedless. It makes sense if those who do not know follow those who
do, the uninitiated follow the experienced and the ignorant follow the
learned. But, what does not make sense is that one elects to move
away from the standards of knowledge, reason and guidance and ends
up making the following of forefathers as preferred practice - without
realizing as to where this leader of theirs is and to where would he
take them yet having the compulsion to tag along behind him?
This is how some people take a mob of people as the yardstick of
right and wrong. Wherever they see a lot of people going, they will
start moving in that direction. This too is absurd - because the majori-
ty of people in this world is always that of those who are not the wisest
or the smartest or the most virtuous in deeds. Therefore, following a
mob of people cannot become the criterion of distinction between truth
and untruth or good and bad.
Following an Undeserving Leader is Asking for Trouble
This sentence of the Qur'an gives everyone a clear lesson in wisdom
- that none of these criterions are at all sufficient to help in choosing
someone as a leader to be followed. The correct attitude is that every-
one should first determine the aim of his life and the direction of his
journey in it. Then, in order to achieve that purpose, he has to look for
a person who has the knowledge of that direction and is himself pro-
ceeding to it. When one finds a person like that, then, tagging along
behind him can certainly take one all the way to his destination. This
is the reality underlying what we know as the Taqlid (following) of the
Mujtahid Imams. They know Din and they follow it too. Therefore,
those who do not know can, by following them, achieve the main pur-
pose of religion, that is, the obedience to Allah and His Messenger, and
the following of their commands. As for one who is already astray,
who does not himself know the destination, or is knowingly going in a
direction opposite to the destination, then, following him shall be, in
the sight of every wise person, a waste of one's efforts and deeds, rath-
er the signing of one's own warrant of destruction. It is a pity that in
the present age of so-called knowledge and enlightenment, even the
people of education and foresight are ignoring the fact that the great-
est cause of world upheaval is the locked following of leaders who are

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incompetent, undeserving, and false.
The Criterion of Leadership
This sentence of the Qur'an gives two clear criterions of choosing a
leader. These are having Knowledge ('Ilm) and Guidance (Ihtida').
Knowledge means the knowing of the desired purpose or destination
and the knowing of the methods to reach it, while having Guidance
means moving towards the chosen objective. Combined together, it
would mean constant effort based on sound knowledge.
To explain, it can be said that it is necessary to first find out - be-
fore making the choice of a leader - if he is fully conversant with the
objectives and methods chosen to be followed. Then, it has to be seen
whether he himself is traveling on the same path and in the same di-
rection. And then, it has to be determined whether or not his conduct
is in accordance with his knowledge. So, in order to take someone as a
leader to be followed, it is necessary to test him on the anvil of sound
knowledge and steady conduct. None of the other options based on an-
cestry and lineage, or being in the lead followed by masses of people,
or being wealthy through money or property, or being in power and
authority, not one of them is worthy of being considered as the criteri-
on of leadership in the real sense.
An Effective Method of Criticism
At this place, the Qur'an has pointed out to the error of people who
are used to following their ancestral customs blindly. However, right
alongwith it, it has told us about an effective method which can be
used when needed to identify the error of the other person, so that the
addressee is not hurt or provoked. It will be noticed that the comment
made in the text is not direct. It does not say that their forefathers
were ignorant or astray. Instead of that, it employs a subtle interroga-
tive style in asking if the practice of following one's forefathers could
be reasonable in a situation when they did not have either knowledge
or guidance.
Comfort for the Reformers of People
In the second verse (105), Muslims who sacrificed a great deal in
their concern for reforming people have been comforted by saying that
they had done their best to spread the call of truth and they had done
their duty of conveying to people what was good for them. Now, if

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there were people who chose to stick by their error, that was not for
them to worry about for their going astray will bring no loss to them.
It was said:
◌َيُّهَا الَّذِيْنَ امَنُوا عَلَيْكُمْ أَنْفُسَكُمُ لَا يَضُّكُمُ مَنْ ضَلَّ إِذَا اهْتَدَيْتُمُ
O those who believe, take care of your own selves. Those who
have gone astray cannot harm you, if you are on the right
path.
These words of the verse, if looked at outwardly, sometimes are
taken in the sense that it is enough for one to only take care of one's
own conduct, and just correct it when necessary. This would leave out
the others who may keep doing what they do - there was no need to
think about that. Such thinking is contrary to a great many very clear
statements of the Qur'an where Bidding the Fair (al-amr bil-ma'ruf)
and Forbidding the Unfair (al-nahy 'anil-munkar) has been declared to
be an important duty in Islam and a singular distinction of the Mus-
lim community. When this verse was revealed, some people faced
doubts. The Holy Prophet صلى الله عليه وسلم clarified by saying that the
verse was not contradictory to the injunctions regarding the Bidding of
the Fair. If they were to leave the mission of Bidding the Fair, they
will be answerable for that. Therefore, Sayyidna Sa'id ibn Jubayr has,
in his Tafsir of the Verse as reported in Al-Bahr Al-Muhit, said: Keep
doing what your religion obligates you with, which includes Jihad and
Al-amr bil-ma'ruf (Bidding the Fair). If, even after doing all this, those
who remain astray could bring no loss on you. A little deliberation in
the words: '13 Ist (if you are on the right path) of the Qur'an itself
makes this explanation all the more clear as the converse of it shows
that one who has abandoned the duty of Bidding the Fair is obviously
not on the right path.
Reported in Tafsir Al-Durr Al-Manthur, is an event relating to
Sayyidna 'Abdullah ibn 'Umar رضى الله عنه. Someone mentioned before
him a serious dispute between certain people he named who were call-
ing each other Mushriks (polytheists). Sayyidna Ibn 'Umar said: Do
you think I am going to tell you to go and fight them? Never. Go, talk
to them softly. If they listen, fine. If not, stop worrying about them.
Get busy taking care of your own selves. After having said that, it was

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Surah Al-Ma'idah : 5 : 104 - 105
this very verse that he recited as the confirmation of his answer to
their statement.
Sayyidna Abu-Bakr adily», on Checking of Sins
Sensing the doubt generated by a surface view of the words of the
verse, Sayyidna Abu-Bakr at Al .», said in a Khutbah (address): You
people recite this verse and use it out of context - that Al-amr bil-
Ma'ruf (Bidding the Fair) is not required. Understand it very clearly
that I have myself heard the Holy Prophet صلى الله عليه وسلم say that people
who see a sin being committed and do not try to stop it (to the best of
their ability) then, it is likely that they too are seized by the divine
punishment alongwith the actual sinners.
This narration is there in Tirmidhi and Ibn Majah. However, the
words in Abu Dawud appear as follows: those who see an oppressor op-
pressing and do not stop him from his oppression (to the best of their
ability), then, Allah Ta'ala will seize everyone in punishment.
The Meaning of Ma'ruf and Munkar
From the details given earlier, we know that it is the duty of a
Muslim that he should do what he can to check what is not permissi-
ble, or, at the least, show his dislike for it. Let us now find out what is
Ma'ruf and Munkar.
The word, Ma'ruf is from Ma'rifah and the word, Munkar is from In-
kar. Ma'rifah means to know, and to understand and recognize some-
thing after deliberation. In contrast, there is Inkar which means not to
know, and not to understand and recognize something. These words
يَعْرِفُونَ نِعُمَتَ اللَّهِ ثُمَّ يُنْكِّرُونَهَا :are taken to be antonyms. The Holy Qur'an says
(16:83). It means that they recognize the blessings of Allah by seeing
the manifestations of His perfect power, but thereafter they deny them
as if they do not know them. This tells us that, lexically, Ma'ruf signi-
fies something well-recognized while Munkar refers to something un-
recognized. Keeping this congruity in view, Imam al-Raghib al-Isfahani
has, in his Mufradat al-Qur'an, given the meaning of Ma'ruf and Munk-
ar as used in the terminology of the Shari'ah. According to him, Ma'ruf
refers to what is known to be good in the light of reason ('Aql) and rev-
elation (Shar'). And Munkar means what is strange and unrecognized,
that is, what is taken as bad. Therefore, Al-Amr bil Ma'ruf comes to

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mean bidding toward the Fair, while, Nahy 'anil-Munkar signifies for-
bidding from the Unfair.
There is nothing Legally Unfair in the sayings
of the Mujtahid Imams
But here, the use of the words, Ma'ruf and Munkar, in place of sin
and reward or obedience and disobedience, may perhaps be indicating
towards the possibility that there can be two opinions in matters
which are deep and in problems which require Ijtihad due to brevity or
ambiguity left in the Qur'an and Sunnah - the basis on which sayings
of Muslim jurists (fugaha') differ - therefore, they are excluded from
this scope. The brilliance of Ijtihad done by the great Mujtahid Imams
is an accepted fact among scholars and jurists of Muslim Ummah. If
two views are different about a religious problem, none of them can be
considered to be censurable in Shari'ah1 (al-munkar ash-Shar'i). In
fact, both the sides are included under Ma'ruf. In such problems, a
person who considers one opinion weightier does not have the right to
reject and censure the other in the manner it is done in the case of sin.
This is the reason why, despite many differences in matters of Ijtihad
and opposing opinions, it has not been reported anywhere that the no-
ble Sahabah and Tabi'in ever called each other sinners. Debates, dia-
logues, polemics - they had all that. They presented their point of
view, explained the reasons for their preference and did not hesitate in
questioning what others had to say. But, nobody took anyone to be a
sinner just because of this difference of opinion.
To put it briefly, it can be said that on occasions where Ijtihadi dif-
ference exists, every knowledgeable person (having the optimum sub-
ject knowledge) has the choice to take a side which is weightier in his
sight. This much he can do. But, no one has the right to reject and
censure what someone else has done by taking it as Munkar (evil and
sinful). From here we learn that all those writings which spread mu-
1. It must be noted here that the author is referring to the views expressed
by the competent mujtahids who are equipped with deep knowledge of
the Holy Qur'an and Sunnah and have expressed their bona fide view
after doing their best to reach the truth. Conversely, if an incompetent
person, lacking the standard of knowledge required for ijtihad, declares a
view based on his whims and conjectures, his view cannot be taken as a
view based on ijtihad, therefore, he cannot claim immunity from 'Nahy
'anil munkar'. (Muhammad Taqi Usmani)

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Surah Al-Ma'idah : 5 : 106 - 108
tual hatred and hostility in Ijtihadi problems and issues are not in-
cluded under the purview of Al-Amr bil-Ma'ruf or Nahy 'anil-Munkar
(Bidding the Fair and Forbidding the Unfair). Opening a war front on
the basis of such religious issues can only be because of unawareness
or ignorance.
Verses 106 - 108
◌َيُّهَا الَّذِيْنَ أمَنُوا شَهَادَةَ بَيُنِكُمْ إِذَا حَضَرَ آَحَدَكُمُ الْمُؤْتُ
حِيْنَ الْوَصِيَّةِ اثْنُنِ ذَوَا عَدُلٍ ◌ِنْكُمُ اَوْ أُخَرْنٍ مِنْ غَيْرِكُمْ إِنْ
اَنْتُمُ ضَرَتْهُمْ فِى الْأَرْضِ فَأَصَابَتْكُمْ تُّصِيْبَةُ الْمُؤْتِ،
تَحُبِسُوْنَهُمَا مِنْ بَعْدِ الصَّلُوةِ فَيُقْسِمْنِ بِاللَّهِ إِنِ ارْتَجْهُمْ
لَ نَشْتَرِىُّ بِهِ ثَمَنَّا وَلَؤُ كَانَ ذَا قُرُنَّى " وَلَا تَكْتُمُ شَهَادَةَ اللَّهِ
إِنََّ إِذَّا لَّنَ الْأُثِمِيْنَ ﴿١٠٦) فَإِنْ مُثِرَ عَلَى أَنَّهُمَا اسْتَحَقّاً
إِّمًا فَأَخَرْنِ يَقُؤْمْنِ مَقَامَهُمَا مِنَ الَّذِيْنَ اسْتَحَقَّ عَلَيْهِمُ
الْأَوْلَيْنِ فَيُفُسِمْنِ بِاللَّهِ لَشَهَادَتْنَا أَحَقٌّ مِنْ شَهَادَتِهِمَا وَمَا
اعْتَدَيْنَاَ : إِنَّا إِذَّا إِّنَ الْطَّلِمِيْنَ ﴿١٠٧) ذَلِكَ ادُتَّى أَنَّ يَّأْتُوًّا
بِالشَّهَادَةِ عَلَى وَجْهِهَا أَوْ يَخَافُؤْاَ أَنْ تُرَدَّ أَيْمَانٌّ ◌َبَعْدَ آَيْمَانِهِمْ+
وَاتَّقُوا اللَّهُ وَاسْمَعُوْاَ، وَاللهُ لَا يَهْدِى الْقَوْمَ الْفُسِقِيْنَ ﴿١٠٨﴾
O those who believe, when death draws near one of
you, that is, at the time of making a will, the evidence
(recognized) between you shall be of two witnesses
from among you, or of two others not from you if you
are traveling on the earth and the trauma of death vis-
its you. (Then) you shall detain them after the prayer,
if you late some doubt, and they shall swear by Allah,
"We shall not take a price for it, even if there be a rela-
tive. And we shall not conceal the evidence, (a due) of
Allah, in which case we should certainly be among the
sinners." [106]
Then, if it is discovered that the two had rendered
themselves liable to a cin, then. in their place shall

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stand two others closest of those whose right has been
taken away, and they shall swear by Allah, "Our evi-
dence is more truthful than their evidence, and we
have not transgressed, in which case we should be
among the unjust." [107] Thus it is more likely that they
will bear witness in its proper way, or they will fear
that oaths will be taken in rebuttal of their oaths. And
fear Allah and listen. And Allah does not lead the sin-
ning people to the right path. [108]
Sequence of Verses
Prior to this, there were injunctions relevant to religious considera-
tions. Now some injunctions relevant to worldly considerations have
been mentioned. The hint given is that the way Allah Ta'ala, in His
mercy, helps His servants with better life in the Hereafter, He also
takes care of better sustenance for them in the present world. (Bayan al-
Qur'an)
The Background of Revelation
The event in the background of the revelation of the cited verses is
that Budayl, a Muslim accompanied by Tamim and 'Adiyy, who were
Christians at that time, travelled to Syria on a business visit. After
reaching Syria, Budayl became sick. He made out a list of his things
in writing and put it in his baggage. He did not inform his compan-
ions of the trip about it. When his sickness became serious, he called
his Christian trip companions and made a will before them that they
should deliver everything to his heirs. When they returned, they de-
livered everything to them. But, they took out a silver bowl which was
polished with gold, or had gold inlay work on it, from the belongings.
When the heirs found the list of things in the baggage left for them by
the deceased, they asked the caretakers of the will if the deceased had
sold something from the property, or was he very sick which may have
compelled him to make unusual expenses. They answered their in-
quiry in the negative. Finally, the case came up for hearing before the
Holy Prophet صلى الله عليه وسلم. Since the heirs had no witnesses, the two
Christians were put under oath. They declared that they had neither
committed any breach of trust in what belonged to the deceased, nor
had they hidden any of his things. In the end, based on the oath, the
verdict was given in their favour. After the passage of some time, it

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was found that the two of them had sold that bowl to a goldsmith in
Makkah. When asked, they said that they had bought it from the de-
ceased. Since they had no witnesses at the time of purchase, they
pleaded, they did not mention it earlier lest they be falsified.
The heirs of the deceased appealed in the court of the Holy Prophet
Now, contrary to the earlier situation, the executers of .صلى الله عليه وسلم
the will were claiming to have purchased the missing item while the
heirs were denying it. In view of the absence of evidence, two persons
closest of the deceased gave a sworn statement that the bowl was
owned by the deceased and that the two Christians were liars in their
oath. So, the amount of money for which they had sold it (1,000 Dir-
hams) was made to be handed over to the heirs.
Commentary
' These verses are meant to give general instructions to the Muslims
with regard to making will before death. The advice given is that the
will should be evidenced by witnesses, so that they may prove the will
in case of a dispute after the death of the testator. It has also been ad-
vised that two pious Muslims are chosen for witnessing the will. How-
ever, if the Muslim witnesses are not available, non-Muslim witnesses
may also serve the purpose. The words 'two witnesses from you" signi-
fy the preference of Muslim witnesses, but the following words "or of
two others not from you" point out to the permissibility of non-Muslim
witnesses.
Then, the words "if you have some doubt" refers to a situation
where the legal heirs of the deceased have a claim against the execu-
tors of the will, as in the case of Budayl the heirs claimed that a bowl
of silver was delivered by the deceased to the executors. Since, in this
case the heirs are the plaintiffs, they should produce witnesses to
prove their claim, but on their failure to do so, the defendants, i.e. the
trustees are required to declare on oath that they did not commit any
breach of trust. For that purpose, the Holy Qur'an advises the judge by
saying, 'you shall detain them after the prayer, and they shall swear.
Although it is not legally compulsory to take this oath in the
mosque after a prayer, yet the Holy Qur'an has advised to take oath
after a prayer, so that the sanctity of time and place may further per-
suade the people to give a truthful statement.

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Surah Al-Ma'idah : 5 : 106 - 108
In the next verse the Holy Qur'an says, "Then, if it is discovered
that the two had rendered themselves liable to a sin ... " It means that
they had given a false evidence, as in the case of Budayl they
themselves admitted that the bowl was purchased by them which
implied that the property of Budayl contained a bowl and their earlier
testimony was false. At this stage they claimed that they had
purchased the bowl from Budayl. They should have substantiated this
claim by witnesses, but they failed to do so, therefore, the oath was
given to the legal heirs of Budayl that no such sale took place to the
best of their knowledge. It is this oath of the heirs which has been
mentioned in the verse by saying, "then, in their place shall stand two
others closest of those whose right has been taken away and they shall
swear by Allah ... "
Some Rulings
1. The person with whom the deceased leaves his or her property
in trust with the request that it be given to someone is called Wa siyy
(authorized guardian, executor, trustee, caretaker; plural: Awșiya'). A
Wasiyy can be one individual, or more.
2. That a Wasiyy should be Muslim and just, is better but not nec-
essary, no matter whether the will is being made in journey or at
home.
3. In a dispute, the complainant is called the Mudda'i (plaintiff)
while the other party is Mudda'a 'alayh (respondent).
4. Witnesses from the Plaintiff are taken first. If he presents
them as recognized under the legal norms set by the Shari'ah of Islam,
the case is decided in his favour. If he cannot do that, the Respondent
is put on oath and the case is decided in his favour. However, if he de-
nies it, the Plaintiff wins the case.
5. Taking oath at a particular time or place in order to make it
more emphatic, as done in the cited verse, depends on the opinion of
the judge - it is not required compulsorily. Its cumpulsory nature is
not proved from this verse too, while the converse is proved from other
verses and Hadith reports.

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The Witness of a Kafir is Acceptable in the
case of another Kafir
In the opening words of the verse (106):ْ◌َيُّهَا الَّذِيْنَ امَنُوا شَهَادَةٌ بَيْنِكُم translat-
ed as : 'when death draws near one of you, that is, at the time of mak-
ing a will, the evidence (recognized) between you shall be of two just
witnesses from among you, or of two others not from you,' Muslims
have been commanded that at the time death draws near one of them,
they should appoint two good and just men from among them as their
Wasiyy (executor of the will), and if they do not have such people from
their own, then, they can have two others (that is, from disbelievers).
It is from here that Imam Abu Hanifah has deduced the ruling that
the witness given by disbelievers for each other is permissible. Since
the witness of the disbelievers has been declared permissible in the
case of Muslims in this verse, as obvious from :ُأَوُ الخَرْنِ مِنْ غَيْرِكُم (or of two
others not from you), so the witness of disbelievers for each other is
permissible as more suited. But, later on, the witness of the disbeliev-
ers for Muslims was abrogated under the authority of the verse:
- And have two witnesses from among your men) وَاسْتَشْهِدُوًا شَهِيُدَيْنِ مِنُ رِّجَالِكُمْ
2:282). But, the evidence of disbelievers for each other remains valid as
it was. (Qurtubi & Al-Ahkam Al-Qur'an by Jassaș)
The support for the position of Imam Abu Hanifah also comes from
what a Hadith says about a Jew who had committed Zina (adultery).
His people smeared his face with black soot and produced him before
the Holy Prophet صلى الله عليه وسلم. Looking at his condition, he asked for
the reason. They told him that the man had committed adultery
(Zina). After hearing the testimony of the witnesses, he gave orders
that he be stoned to death (Rajm). (Jassas)
Two Words, Two Rules
1. The word, (2,2 (You shall detain them) in the context of this
verse (106) tells us that a person who (genuinely) owes something to
someone (having the right of return), the later can have him detained
for the retrieval of his right, if and when needed. (Qurtubi)
2. The word, "Sal ah" in :مِنْ بَعُدِ الصَّلوة (after the prayer) means the Sa-
lah or prayer of 'Asr. That this time has been chosen is because the
people of the Book held it in esteem. Telling a lie at this time was par-
ticularly prohibited among them. This tells us that the placing of the

280
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restriction of special time or place for taking a solemn and sacred oath
(Taghlīz) is permissible. (Qurțubī)
Verses 109 - 110
يَوْمَ يَجْمَعُ اللَّهُ الرُّسُلَ فَيَقُوْلُ مَاذَا أُحِبْتُمْ، قَالُوا لَاَعِلُمَ لَنَاء
إِنَّكَ أَنْتَ عَلَمُ الْغُيُوبِ ﴿١٠٩) إِذْ قَالَ اللَّهُ يُعِيسَى ابْنَ
مَرْيَمَ اذْكُرُ نِعُمَتِىُ عَلَيْكَ وَعَلَى وَالِدَتِكَ إِذْ أَبَّدٌتُّكَ بُوُح
الْقُدُسِ هَ تُكَلِّمُ النَّاسَ فِى الُهْدِ وَكَهْلًا، وَإِذٌ عَلَّمُكَ الْكِتَبَ
وَالْحِكْمَةَ وَالتَّوْرُنَةَ وَالْإِنْجِيْلَةِ وَإِذُ تَخُلُقُ مِنَ الطِّيْنِ كَهَيْئَةٍ
الطَّيْرِ بِإِذْنِىُ فَتَنُفُغُ فِيْهَا فَتَكُوُنُ طَبْرًامُ بِذْ نِىُّ وَيُرِىُّ الْآَكُمَةَ
وَاْأَبُرَصَ بِذُنِىّ وَإِذُ تُخْرِجُ الْمُؤْتِى بِذُنِىٌ وَإِذُ كَفَفُتُ بَنِىٌ
اِسْرَاءِيْلَ عَنْكَ إِذْ حِنْتَهُمْ بِالْبَيِّنْتِ فَقَالَ الَّذِيْنَ كَفَرُوا مِنْهُمْ إِنٌ
هذَا إِلَّ سِحُرٌ مُّبِيْنٌ ﴿١١٠)
(Remember) the day Allah will assemble the messen-
gers and will say to them, "How were you responded
to?" They will say, "we have no knowledge. Surely You
alone have the full knowledge of all that is unseen."
[109]
When Allah will say, "O 'Isa, son of Maryam, remember
My blessing upon you and upon your mother, when I
supported you with the Holy Spirit. You spoke to the
people when in the cradle and while middle-aged. And
when I taught you the Book and the Wisdom, and the
Torah and the Injil. And when you created from the
clay something in the shape of a bird, then you blew in
it, and it became a bird with My will; and you cured the
born-blind and the leper with My will; and when you
raised the dead with My will. And when I kept the chil-
dren of Isra'il away from you when you came to them
with clear signs and the disbelievers among them said,
"this is nothing but a clear magic." [110]

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Surah Al-Ma'idah : 5 : 109 - 110
The Linkage of Verses
Earlier, mention was made of various injunctions. In between
came inducements to put these in practice alongwith warnings against
opposing them. Now it is to re-emphasize the approach that people
are reminded of the frightening happenings of the Day of Qiyamah so
that obedience is promoted and antagonism is checked. This is the
prevailing style of the Holy Qur'an. Then, towards the closing stages
of the Surah, there is that dialogue with the people of the Book which
has also appeared earlier through several verses where the purpose is
to aquaint the people of the Book with facts about Sayyidna 'Isa Lle
>JI, facts which affirm his being a servant of Allah and negate the er-
roneous ascribing of godhood to him (though, the actual locale of this
address will be the Last Day of Qiyamah).
Commentary
The First Question Asked of Prophets WJI,Je on the Last Day
Verse 109 opens with the statement : ◌َيَؤُمَ يَجُمَعُ اللّهُ الرَّسُل ((Remember) the
day Allah will assemble the messengers' which is ominous. Though
the day of Qiyamah will be the Day of Doom when all human beings
born from the beginning to the end shall be standing on open grounds.
Human beings, no matter what their region, country or time, shall all
be present on those grounds and there will come that hour of ultimate
reckoning for a whole life-time of deeds. But, in the statement quoted
above, mentioned particularly are the blessed prophets whom Allah
will assemble on that day of reckoning. The sense is that, as for as-
sembling, the whole world will be assembled, but the first question
asked will be from the prophets, may peace be upon them all - so that
the whole creation of Allah may see that, on that day, no one is ex-
empted from reckoning. Then, the question asked of the prophets will
be: 21 fu (How were you responded to?). It means when you invited
your communities towards Allah and His true religion, how did they
react to your call. Did they act as they were commanded to? Or, did
they say no to the call and opposed it?
Though the question will be addressed to the prophets, but it
would really be beamed at their communities. In other words, the
prophets will be the first ones to testify about the good or bad deeds
done by their communities. And for them this would be a trying time,

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Surah Al-Ma'idah : 5 : 109 - 110
for, on their part, they would be hoping for the intercession of their
prophets to rescue them from this nerve shattering experience, while,
on the other hand, there would come this question addressed to their
prophets themselves requiring them to explain the conduct of their
communities. Under such circumstances, it is obvious that prophets
would never say anything but the truth, so the criminals and sinners
will have apprehensions that the prophets themselves will become wit-
nesses to their wrong-doings. Who, then, they would wonder, was now
left to intercede on their behalf?
The answer that the prophets will give will be: 2 3rd, tale & p's
Hål (We have no knowledge. Surely You have the full knowledge of all
that is unseen).
The Removal of a Doubt
As for the people of every community who were born after passing
away of their prophets from this world, this answer given by the
prophets is correct and clear in that they are unaware of the actual
state of their faith and deeds - because no one has the knowledge of
the unseen except Allah. But, the question arises with regard to the
great majority of people within the community, who professed belief at
the hands of their prophet as a result of his work among them, and
proved that they kept following before their eyes what they were asked
to follow. Similarly, there were disbelievers who did not listen to the
prophets, even treated them with hostility. How would it be correct to
say about them that 'we have no knowledge of their faith and deeds.'?
It appears in Tafsir Al-Bahr Al-Muhit that Imam Razi has answered
this doubt by saying: There are two separate things here. One is 'Ilm
which means perfect certitude, while the other is Zann which means
conjecture or weighty likelihood. And it is obvious that if a person can,
despite his being sitting next to the other person, testify about his
faith and deed, then, it will be on no other basis but that of Zann or
conjecture or likelihood. Otherwise, real faith ('Iman) is a secret of the
heart which no one can find out with any certitude without a Divine
revelation. Every religious community had their groups of hypocrites
who obviously did profess faith and did follow what they were com-
manded to follow. But, their hearts had no faith in them nor they had
the real feeling and drive for carrying out those commands. All they

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had was hypocricy. But, like all laws, religious laws too were applied
on what was visible from the outside. Anyone who called himself a be-
liever, followed Divinely ordained laws, and no word or deed from him
or her stood proved against faith and belief, was a good believer in the
sight of the prophets and their believing communities. Whether some-
one was a true believer at heart, or simply a hypocrite, it did not count
for they had no choice in the matter. Therefore, it was said by the Holy
: صلى الله عليه وسلم Prophet
نَحْنُ نَحْكُمُ بِالََّّوَاهِرِ وَاللَّهُ مُتَوَّى السََّائِرِ
We judge on the basis of outward deeds while Allah is
(Himself) the custodian of the secrets (of the hearts).
Under this rule, the noble prophets, their deputies and the learned
could confirm, at least in the mortal world, that someone was a true
believer as based on their favourable opinion deduced from his out-
ward deeds. But, that mortal world where everything revolved round
opinions and conjectures is all gone. This is the Yowm al-Hashr, the
fateful day of Resurrection when the dead shall rise and where things
will be sorted out and realities will be unfolded. Criminals will stand
on trial. People will witness against them. If they do not confess, oth-
er witnesses will be brought in, very special, and very official witness-
es. With mouths and tongues silenced, the wrong-doer's hands and
legs and the skin will be asked to testify. They will tell everything
اَلْيَوُمَ نَخْتِمْ عَلَى أَفْوَاهِهِمْ وَتُكَلِّمُنَا أَبْدِيْهِمْ وَتَشْهَدُ أَرْجُلُهُمْ بِمَا كَانُوا يَكُسِبُوْنَ : about what they did
(That Day We shall set a seal on their mouths while their hands will
speak to Us, and their feet bear witness, to all that they did -36:65). Hu-
man beings will then surely find out that parts of their own body could
also act as secret service agents when summoned to do so by the Lord
of the universes. After such disarming testimony no denial will re-
main possible.
In short, that would be a state of being in which no judgement will
be based on opinion, estimate and conjecture. Instead, certitude will
be the order of the day. And as we have just seen that no one has the
real knowledge about anyone's faith and belief except Allah, therefore,
when the prophets will be asked on the day of Resurrection: 2156
(How were you responded to?), they would recognize the reality behind
the question, that the question is not being asked in the world of our

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experience where it could be answered by conjecture, instead, that
question was being asked in the horrendous scenario of the Day of
Resurrection where nothing other than certitude was going to work.
Therefore, their answer: 'We have no knowledge' about it, that is, they
do not have that certain knowledge needed to answer the question, is
right and correct.
The Answer Shows the Affection Prophets have for People
We now know that the prophets did have some opinion about the
acceptance or rejection of their call by their communities and knew
facts about their obedience or disobedience. On that basis, they could
have at least mentioned their apparent attitude as part of their an-
swer to the question - and could have referred the certainty in knowl-
edge to the sole domain of Almighty Allah. But, what we see here is
that the prophets said nothing about what they knew, nor did they
mention any events which had passed before them. They simply re-
signed these to the Divine knowledge and chose to remain silent.
This was a great demonstration of consideration. Prophets are
very affectionate to their people, and to the creation of Allah in gener-
al. They would not elect to say something as an adverse comment
against their community on their own, lest their people are in trouble.
If they had to say so, they would. But, here they had the excuse of not
having certain knowledge. Using this legitimate excuse to their ad-
vantage, they could have avoided saying anything against their com-
munities - and so they did.
Five Questions on the Day of Resurrection
`Opened through this verse is a window to Qiyamah, the fateful Day
of Doom. Stationed there on the grandstands of reckoning are the
highest and the dearest of Allah, His noble messengers and prophets,
all in awe and reverence. Think of them and think of what would be
happening to others. Therefore, we should start worrying about that
Day right from this day. This little time of our life is a blessing in our
hands and should be devoted to getting ready for the ultimate account-
ing. In a Hadith of Tirmidhi, the Holy Prophet صلى الله عليه وسلم is reported
to have said:
لَنُوْلُ قَدَمَا ابْنِ أُدَمَ يَوْمَ الْقِيَامَةِ حَتْى ◌ُسْئَلَ عَنْ خَمْسٍ: عَنْ عُمُرِهٍ فِيْمَا