Tafsir

Idolators are no longer allowed into Al-Masjid Al-Haram

Allah commands His believing servants, who are pure in religion and person, to expel the idolators who are filthy in the religious sense, from Al-Masjid Al-Haram. After the revelation of this Ayah, idolators were no longer allowed to go near the Masjid. This Ayah was revealed in the ninth year of Hijrah. The Messenger of Allah ﷺ sent `Ali in the company of Abu Bakr that year to publicize to the idolators that no Mushrik will be allowed to perform Hajj after that year, nor a naked person allowed to perform Tawaf around the House. Allah completed this decree, made it a legislative ruling, as well as, a fact of reality. `Abdur-Razzaq recorded that Jabir bin `Abdullah commented on the Ayah,إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلاَ يَقْرَبُواْ الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَـذَا(O you who believe! Verily, the Mushrikin are impure.

So let them not come near Al-Masjid Al-Haram after this year) "Unless it was a servant or one of the people of Dhimmah." Imam Abu `Amr Al-Awza'i said, "Umar bin `Abdul-`Aziz wrote (to his governors) to prevent Jews and Christians from entering the Masjids of Muslims, and he followed his order with Allah's statement,إِنَّمَا الْمُشْرِكُونَ نَجَسٌ(Verily, the Mushrikin are impure.) `Ata' said, "All of the Sacred Area the Haram is considered a Masjid, for Allah said,فَلاَ يَقْرَبُواْ الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَـذَا(So let them not come near Al-Masjid Al-Haram (at Makkah) after this year.)" This Ayah indicates that idolators are impure and that the believers are pure.

In the Sahih is the following,«الْمُؤْمِنُ لَا يَنْجُس»(The believer does not become impure.) Allah said,وَإِنْ خِفْتُمْ عَيْلَةً فَسَوْفَ يُغْنِيكُمُ اللَّهُ مِن فَضْلِهِ(and if you fear poverty, Allah will enrich you, out of His bounty.) Muhammad bin Ishaq commented, "The people said, `Our markets will be closed, our commerce disrupted, and what we earned will vanish.' So Allah revealed this verse,وَإِنْ خِفْتُمْ عَيْلَةً فَسَوْفَ يُغْنِيكُمُ اللَّهُ مِن فَضْلِهِ(and if you fear poverty, Allah will enrich you, out of His bounty), from other resources,إِن شَآءَ(if He wills), until,وَهُمْ صَـغِرُونَ(. ..and feel themselves subdued.) This Ayah means, `this will be your compensation for the closed markets that you feared would result.' Therefore, Allah compensated them for the losses they incurred because they severed ties with idolators, by the Jizyah they earned from the People of the Book." Similar statements were reported from Ibn `Abbas, Mujahid, `Ikrimah, Sa`id bin Jubayr, Qatadah and Ad-Dahhak and others.

Allah said,إِنَّ اللَّهَ عَلِيمٌ(Surely, Allah is All-Knowing), in what benefits you,حَكِيمٌ(All-Wise), in His orders and prohibitions, for He is All-Perfect in His actions and statements, All-Just in His creations and decisions, Blessed and Hallowed be He. This is why Allah compensated Muslims for their losses by the amount of Jizyah that they took from the people of Dhimmah.

The Order to fight People of the Scriptures until They give the Jizyah

Allah said,قَـتِلُواْ الَّذِينَ لاَ يُؤْمِنُونَ بِاللَّهِ وَلاَ بِالْيَوْمِ الاٌّخِرِ وَلاَ يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلاَ يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُواْ الْكِتَـبَ حَتَّى يُعْطُواْ الْجِزْيَةَ عَن يَدٍ وَهُمْ صَـغِرُونَ(Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, until they pay the Jizyah with willing submission, and feel themselves subdued.) Therefore, when People of the Scriptures disbelieved in Muhammad , they had no beneficial faith in any Messenger or what the Messengers brought. Rather, they followed their religions because this conformed with their ideas, lusts and the ways of their forefathers, not because they are Allah's Law and religion. Had they been true believers in their religions, that faith would have directed them to believe in Muhammad , because all Prophets gave the good news of Muhammad's advent and commanded them to obey and follow him.

Yet when he was sent, they disbelieved in him, even though he is the mightiest of all Messengers. Therefore, they do not follow the religion of earlier Prophets because these religions came from Allah, but because these suit their desires and lusts. Therefore, their claimed faith in an earlier Prophet will not benefit them because they disbelieved in the master, the mightiest, the last and most perfect of all Prophets . Hence Allah's statement,قَـتِلُواْ الَّذِينَ لاَ يُؤْمِنُونَ بِاللَّهِ وَلاَ بِالْيَوْمِ الاٌّخِرِ وَلاَ يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلاَ يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُواْ الْكِتَـبَ(Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture,) This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control.

Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination. The Messenger ﷺ sent his intent to various Arab areas around Al-Madinah to gather forces, and he collected an army of thirty thousand. Some people from Al-Madinah and some hypocrites, in and around it, lagged behind, for that year was a year of drought and intense heat. The Messenger of Allah ﷺ marched, heading towards Ash-Sham to fight the Romans until he reached Tabuk, where he set camp for about twenty days next to its water resources. He then prayed to Allah for a decision and went back to Al-Madinah because it was a hard year and the people were weak, as we will mention, Allah willing.

Paying Jizyah is a Sign of Kufr and Disgrace

Allah said,حَتَّى يُعْطُواْ الْجِزْيَةَ(until they pay the Jizyah), if they do not choose to embrace Islam,عَن يَدٍ(with willing submission), in defeat and subservience,وَهُمْ صَـغِرُونَ(and feel themselves subdued.), disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said,«لَا تَبْدَءُوا الْيَهُودَ وَالنَّصَارَى بِالسَّلَامِ، وَإِذَا لَقِيتُمْ أَحَدَهُمْ فِي طَرِيقٍ فَاضْطَرُّوهُ إِلَى أَضْيَقِه»(Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley.) This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.

The scholars of Hadith narrated from `Abdur-Rahman bin Ghanm Al-Ash`ari that he said, "I recorded for `Umar bin Al-Khattab, may Allah be pleased with him, the terms of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors of our houses of worship for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days.

We will not allow a spy against Muslims into our churches and homes or hide deceit or betrayal against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets.

We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices with prayer at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.' When I gave this document to `Umar, he added to it, `We will not beat any Muslim. These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion."'

Commentary

Verse 28 appearing earlier referred to Jihad against the Mushirks of Makkah. The present verses talk about Jihad against the People of the Book. In a sense, this is a prelude to the battle of Tabuk that was fought against the People of the Book. In Tafsir al-Durr al-Manthur, it has been reported from the Qur'an commentator, Mujahid that these verses have been revealed about the battle of Tabuk. Then, there is the reference to ` those who were given the Book.' In Islamic religious terminology, they are referred to as ` ahl al-Kitab' or People of the Book. In its literal sense, it covers every disbelieving group of people who be-lieve in a Scripture but, in the terminology of the Holy Qur'an, this term is used for Jews and Christians only - because, anly these two groups from the People of the Book were well-known in and around Arabia.

Therefore, addressing the Mushriks of Arabia, the Holy Qur'an has said:أَن تَقُولُوا إِنَّمَا أُنزِلَ الْكِتَابُ عَلَىٰ طَائِفَتَيْنِ مِن قَبْلِنَا وَإِن كُنَّا عَن دِرَ‌اسَتِهِمْ لَغَافِلِينَ ﴿156﴾lest you should say, "The Book was sent down only upon two groups before us, and we were ignorant of what they studied." - 6:156As for the injunction of Jihad against the People of the Book given in verse 29, it is really not particular to the People of the Book. The fact is that this very injunction applies to all disbelieving groups - because, the reasons for the injunction to fight mentioned next are common to all disbelievers. If so, the injunction has to be common too. But, the People of the Book were mentioned here particularly to serve a purpose. Since, it was possible that Muslims may hesitate to fight against them on the ground that they too are believers in a certain degree, believers in Torah and Injil, and in Sayyidna Musa and ` Isa (علیہما السلام) may peace be upon them both.

So, it was possible that their connection with past prophets and their Books may become a factor in dissuading them from Jihad. Therefore, fighting with them was mentioned particularly.

There is yet another element of coherence at this place. This particularization of the People of the Book in the verse is also releasing a hint that, in a certain way, these people are deserving of greater punishment. The reasons were simple. They were people with knowledge. They had the knowledge of Torah and Injil. These Scriptures referred to the Last among prophets, Sayyidna Muhammad al-Mustafa ﷺ giving his blessed identity in details. They knew all this, yet elected to reject the truth and went on to mount conspiracies against Islam and Muslims. When they did what they did, their crime became much more serious. That explains why fighting against them was mentioned particularly.

The injunction to fight spells out four reasons in this verse:1. لَا يُؤْمِنُونَ بِاللَّـهِ : They do not believe in Allah.2. وَلَا بِالْيَوْمِ الْآخِرِ‌: They do not believe in the Hereafter.3. لَا يُحَرِّ‌مُونَ مَا حَرَّ‌مَ اللَّـهُ : They do not take as prohibited what Allah and His Messenger have prohibited.4. لَا يَدِينُونَ دِينَ الْحَقِّ : They do not submit to the Faith of Truth.

This raises a doubt. Is it not that the People of the Book, that is, the Jews and Christians, obviously believe in Allah - and in Hereafter and a Last Day too? Why, then, their faith ('Iman) in these things has been negated? The reason is that mere words of faith are hardly sufficient to prove one's actual belief in it. Not having the kind of faith desirable in the sight of Allah would amount to having no faith at all. Of course, the Jews and Christians did not openly reject the belief in Tauhid, that is, oneness of Allah or pure monotheism. But, as says the next verse, the Jews took Sayyidna ` Uzayr (علیہ السلام) and the Christians took Sayyidna ` Isa (علیہ السلام) to be the sons of God and thereby assigned to them partnership in His divinity. Therefore, their confession of pure monotheism became ineffectual and any claim to faith, false.

Similarly, the kind of faith desirable in the Hereafter was something not to be found with the People of the Book. Many of them went by the belief that, on the Last Day (the Qiyamah) there will be no return to life in body forms they had in the mortal world. Instead, it will be a kind of spiritual life. As for Paradise and Hell, they did not consider them to be any particular places. Spirit when happy was Paradise and spirit when gloomy was Hell. Since all this is patently contrary to what Allah says, therefore, even their faith in the Last Day too turns out to be no faith in real terms.

The third thing - that these people do not take, what Allah has declared to be unlawful, as unlawful - means that they do not believe in the unlawfulness of many things prohibited by Torah or Injil - for example, riba رِبَاء (interest). Similarly, there were many edibles prohibited in Torah and Injil. They just did not consider these unlawful and indulged in them freely.

This tells us about a religious rule of conduct. According to this rule, taking anything declared unlawful by Allah Ta` ala as lawful is not simply the commitment of a sin, in fact, it is kufr, a flat rejection of the faith itself. Similarly, taking something lawful to be unlawful is also kufr. However, should someone inadvertently fall short in practice while still taking the unlawful as unlawful, then, that would be sin, not kufr.

Since all wars must end, a limit and end of the action of fighting against those people has also been set forth in this verse where it has been said: حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَن يَدٍ وَهُمْ صَاغِرُ‌ونَ (until they pay jizyah with their own hands while they are humbled).

Literally, jizyah means return or recompense. In the terminology of the Shari’ ah, it refers to the amount of money taken from disbelievers in lieu of killing.

The reason is that kufr and shirk are rebellion against Allah and Rasul. Killing is the real punishment for it. But, Allah Ta` ala has, in His perfect mercy, reduced their punishment by giving them an option. The option is that, should they agree to live as subjects of the Islamic state under the general Islamic legal framework, they may be allowed to remain there against the payment of a nominal amount of jizyah. Since, they would be living there as citizens of a Muslim state, the protection of their life, property and honor will be the responsibility of the Islamic government and no hindrance will be placed in the observance of their religious duties. The amount thus taken is called jizyah.

Should jizyah be fixed by mutual conciliation and agreement, there is no prescribed limit imposed by the Shari’ ah. It accepts the amount and thing for which a mutual peace treaty is arrived at - as was done by the Holy Prophet ﷺ with the people of Najran. A peace pact was concluded between him and the whole group of these people. They agreed to give him two thousand hullahs annually. A hullah is a pair of clothes. It could be a waist wrap for the lower part of the body with a top sheet wrap, or a long, loose shirt or cloak. Even the estimated monetary worth of every hullah was pre-determined. The value of each hullah was supposed to be one 'Uqiyah اُوقِیَہ of silver. An 'Uqiyah is equal to approximately 122.472 grams of silver, according to our weights.. Awzam-i-Shar’ iyah, Hadrat Maulana Mufti Muhammad Shafi

A similar agreement was reached between Sayyidna ` Umar ؓ and the Christians of Bani Taghlib which stipulated that the jizyah on them be levied at the rate of Islamic Zakah - but, twice the Zakah.

Furthermore, in the event Muslims conquered a certain land through war, then allowed the properties of its residents to remain under their ownership and possession, and they too agreed to continue living there as law-abiding citizens, a jizyah was levied on them. The rate of jizyah fixed and implemented by Sayyidna ` Umar ؓ during the period of his Khilafat was four dirhams from the rich, two dirhams from the middle class and only one dirham from the active poor who earned by working on wages, or by making or vending things. This monthly payment of one dirham was equal to about 3.618 grams of silver or its equivalent amount. According to rules, nothing was to be taken from the very poor, disabled or handicapped. Similarly, nothing was to be taken from women, children, aged people and religious leaders living in seclusion.

These were small amounts, yet there were instructions from the Holy Prophet ﷺ that no one should be made to pay more than he could afford. If anyone oppressed a non-Muslim, the Holy Prophet ﷺ himself will support that non-Muslim against his oppressor on the day of Qiyamah (Mazhari)Reports such as these have led some Muslim jurists to hold the position that there is no particular rate of jizyah payment as fixed by the Shari’ ah. Instead, this has been left for the ruler of the time to deter-mine the appropriate action in terms of existing conditions.

The comments appearing above also make it clear that jizyah is a compensation for removing the punishment of killing from disbelievers - not a substitute for Islam. Therefore, there is no justification for doubting as to why were they given the permission to keep staying on their policy of aversion from and denial of Islam for a paltry price. The proof is that permission is given to many other people also who live in an Islamic country with the freedom to keep observing the percepts of their religion. Jizyah is not taken from them - for example, women, children, the aged, religious leaders, the disabled and the handicapped. Had jizyah been taken in lieu of Islam, it should have been taken from these as well.

It should be noted that the paying of jizyah in this verse has been qualified with the words: عَن يَدٍ :'with their own hands.' Here, the first word: عن (` an: with) denotes cause, and ید (yad: hands) signifies power and subjugation. It means that the payment of this jizyah should not be in the spirit of some voluntary contribution or charity. Instead of that, it has to be in the spirit of recognition and acceptance of Islamic victory and of the willingness to live under it. (As in Ruh al-Ma` ani) As for the later part of the sentence: وَهُمْ صَاغِرُ‌ونَ (while they are humbled), it means, according to the explanation given by Imam Shafi` i (رح) that they should subscribe to the common law of Islam and take the responsibility of remaining obedient to it. (Ruh al-Ma` ani and Mazhari)Regarding the instruction given in this verse that once these people have agreed to pay jizyah, fighting should be stopped; a little explanation may be useful. According to the majority of Muslim jurists, it includes all disbelievers - whether from the People of the Book or from those other than them.

However, the Mushriks of Arabia stand excluded from it for jizyah was not accepted from them.