Tafsir of Surah An-Nisa' - Verse 29

Prohibiting Unlawfully Earned Money

Allah, the Exalted and Most Honored, prohibits His believing servants from illegally acquiring each other's property using various dishonest methods such as Riba, gambling and other wicked methods that appear to be legal, but Allah knows that, in reality, those involved seek to deal in interest. Ibn Jarir recorded that Ibn `Abbas commented on a man who buys a garment, saying that if he likes it he will keep it, or he will return it along with an extra Dirham, "This is what Allah meant, when He said, o

وَلاَ تَأْكُلُواْ أَمْوَلَكُمْ بَيْنَكُم بِالْبَاطِلِ

(Eat not up your property among yourselves unjustly.") `Ali bin Abi Talhah reported that Ibn `Abbas said, "When Allah sent down,

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَأْكُلُواْ أَمْوَلَكُمْ بَيْنَكُمْ بِالْبَـطِلِ

(O you who believe! Eat not up your property among yourselves unjustly) some Muslims said, `Allah has forbidden us from eating up each other's property unjustly, and food is our best property. Therefore, none among us is allowed to eat from anyone else's food.' After that Allah sent down,

لَّيْسَ عَلَى الاٌّعْمَى حَرَجٌ

(There is no restriction on the blind) (until the end of the Ayah). 24:61."' Qatadah said similarly. Allah's statement,

إِلاَّ أَن تَكُونَ تِجَـرَةً عَن تَرَاضٍ مِّنْكُمْ

(except it be a trade amongst you, by mutual consent.) means, do not revert to illegal ways and means to acquire money. However, there is no harm in commercial transactions that transpire between the buyer and the seller with mutual consent, so that money is legally earned from these transactions. Mujahid said that,

إِلاَّ أَن تَكُونَ تِجَـرَةً عَن تَرَاضٍ مِّنْكُمْ

(except it be a trade amongst you, by mutual consent.) means, "By selling and buying, or giving someone a gift." Ibn Jarir recorded this statement.

The Option to Buy or Sell Before Parting, is Part of `Mutual Consent' in Trading

Mutual agreement in various transactions is attained when both parties have the right to uphold or dissolve the agreement before they part. In the Two Sahihs, it is recorded that the Messenger of Allah ﷺ said,

«الْبَيِّعَانِ بِالْخِيَارِ مَالَمْ يَتَفَرَّقَا»

(The seller and the buyer retain the (right to change their mind) as long as they have not parted.) Al-Bukhari's wording for this Hadith reads,

«إِذَا تَبَايَعَ الرَّجُلانِ فَكُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ، مَالَمْ يَتَفَرَّقَا»

(When two men conduct a transaction, they retain their (right to change their mind) as long as they have not parted.)

Forbidding Murder and Suicide

Allah said,

وَلاَ تَقْتُلُواْ أَنفُسَكُمْ

(And do not kill yourselves.) by committing Allah's prohibitions, falling into sin and eating up each other's property unjustly,

إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيماً

(Surely, Allah is Most Merciful to you.) in what He commanded you and prohibited you from. Imam Ahmad recorded that `Amr bin Al-`As said that when the Prophet sent him for the battle of Dhat As-Salasil, "I had a wet dream during a very cold night and feared that if I bathed, I would die. So I performed Tayammum (with pure earth) and led my company in the Dawn prayer. When I went back to the Messenger of Allah ﷺ, I mentioned what had happened to me and he said,

«يَا عَمْرُو صَلَّيْتَ بِأَصْحَابِكَ وَأَنْتَ جُنُب»

(O `Amr! Have you led your people in prayer while you were in a state of sexual impurity) I said, 'O Messenger of Allah! I had a wet dream on a very cold night and feared that if I bathed I would perish, and I remembered Allah's statement,

وَلاَ تَقْتُلُواْ أَنفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيماً

(And do not kill yourselves. Surely, Allah is Most Merciful to you). So I performed Tayammum and prayed.' The Messenger of Allah ﷺ smiled and did not say anything." This is the narration reported by Abu Dawud. Ibn Marduwyah mentioned this honorable Ayah and then reported that Abu Hurayrah said that the Messenger of Allah ﷺ said,

«مَنْ قَتَلَ نَفْسَهُ بَحَدِيدَةٍ، فَحَدِيدَتُهُ فِي يَدِهِ، يَجَأُ بِهَا بطْنَهُ يَوْمَ الْقِيَامَةِ فِي نَارِ جَهَنَّمَ، خَالِدًا مُخَلَّدًا فِيهَا أَبَدًا، ومَنْ قَتَلَ نَفْسَهُ بِسُمَ فَسُمُّهُ فِي يَدِهِ، يَتَحَسَّاهُ فِي نَارِ جَهَنَّمَ، خَالِدًا مُخَلَّدًا فِيهَا أَبَدًا، وَمَنْ تَرَدَّى مِنْ جَبَلٍ فَقَتلَ نَفْسَهُ، فَهُوَ مُتَرَدَ فِي نَارِ جَهَنَّمَ، خَالِدًا مُخَلَّدًا فِيهَا أَبَدًا»

(Whoever kills himself with an iron tool, then his tool will be in his hand and he will keep stabbing himself with it in the Fire of Jahannam, forever and ever. Whoever kills himself with poison, then his poison will be in his hand and he will keep taking it in the Fire of Jahannam forever and ever. Whoever kills himself by throwing himself from a mountain, will keep falling in the Fire of Jahannam forever and ever.) This Hadith was also collected in the Two Sahihs. Abu Qilabah said that Thabit bin Ad-Dahhak said that the Messenger of Allah ﷺ said,

«مَنْ قَتَلَ نَفْسَهُ بِشَيْءٍ، عُذِّبَ بِهِ يَوْمَ الْقِيَامَة»

(Whoever kills himself with an instrument, will be punished with it on the Day of Resurrection.) This Hadith was collected by the Group. This is why Allah said,

وَمَن يَفْعَلْ ذلِكَ عُدْوَناً وَظُلْماً

(And whoever commits that through aggression and injustice, ) meaning, whoever commits what Allah has forbidden for him transgression and injustice - while knowing that it is forbidden for him, yet he still dares to commit it,

فَسَوْفَ نُصْلِيهِ نَاراً

(We shall cast him into the Fire,). This Ayah carries a stern warning and a truthful promise. Therefore, every sane person should beware of it, those who hear the speech with full comprehension.

Minor Sins Will be Pardoned if One Refrains from Major Sins

Allah said,

إِن تَجْتَنِبُواْ كَبَآئِرَ مَا تُنهَوْنَ عَنْهُ نُكَفِّرْ عَنْكُمْ سَيِّئَـتِكُمْ

(If you avoid the great sins which you are forbidden to do, We shall remit from you your (small) sins,) meaning, if you avoid the major evil deeds that you were prohibited We will forgive you the minor evil deeds and will admit you into Paradise. This is why Allah said,

وَنُدْخِلْكُمْ مُّدْخَلاً كَرِيماً

(and admit you to a Noble Entrance (i.e. Paradise).) There are several Hadiths on the subject of this honorable Ayah. Imam Ahmad recorded that Salman Al-Farisi said, "The Prophet said to me, `Do you know what the day of Al-Jumu`ah is' I said, `It is the day during which Allah brought together the creation of your father (Adam).' He said,

«لكِنْ أَدْرِي مَا يَوْمُ الْجُمُعَةِ، لَا يَتَطَهَّرُ الرَّجُلُ فَيُحْسِنُ طُهُورَهُ، ثُمَّ يَأْتِي الْجُمُعَةَ فَيُنْصِتُ حَتَّى يَقْضِيَ الْإمَامُ صَلَاتَهُ، إِلَّا كَانَ كَفَّارَةً لَهُ مَا بَيْنَهُ وَبَيْنَ الْجُمُعَةِ الْمُقْبِلَةِ، مَا اجْتُنِبَتِ الْمَقْتَلَة»

(I know what the day of Jumu`ah is. Anyone who takes a bath and cleans himself as much as he can and then proceeds for the Friday prayer and remains quiet until the Imam finishes the prayer, all his sins in between the present and the next Friday will be forgiven, as long as major sins were avoided.)" Al-Bukhari recorded similar wording from Salman Al-Farisi.

The Seven Destructive Sins

What are the Seven Destructive Sins In the Two Sahihs, it is recorded that Abu Hurayrah said that the Messenger of Allah ﷺ said,

«اجْتَنِبُوا السَّبْعَ الْمُوبِقَات»

(Avoid the seven great destructive sins.) The people inquired, 'O Allah's Messenger! What are they' He said,

«الشِّرْكُ بِاللهِ، وَقَتْلُ النَّفْسِ الَّتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ، وَالسِّحْرُ، وَأَكْلُ الرِّبَا، وَأَكْلُ مَالِ الْيَتِيمِ، وَالتَّوَلِّي يَوْمَ الزَّحْفِ، وَقَذْفُ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ الْغَافِلَات»

(To join others in worship along with Allah, to kill the life which Allah has forbidden except for a just cause, magic, to consume Riba, to consume an orphan's wealth, to turn away from the enemy and flee from the battlefield when the battle begins, and to accuse chaste women, who never even think of anything that would tarnish their chastity and are good believers.) Another Hadith that mentions False Witness Imam Ahmad recorded that Anas bin Malik said, "The Messenger of Allah ﷺ mentioned the major sins, or was asked about the major sins. He said,

«الشِّرْكُ بِاللهِ، وَقَتْلُ النَّفْسِ، وَعُقُوقُ الْوَالِدَيْن»

(Associating others with Allah in worship, killing the life, and being undutiful to the parents.) He then said,

«أَلَا أُنَبِّئُكُمْ بِأَكْبَرِ الْكَبَائِرِ؟»

قال:

«قَوْلُ الزُّورِ أَوْ شَهَادَةُ الزُّورِ »

(Should I tell you about the biggest of the major sins The false statement - or the false testimony.)" Shu`bah - one of the narrators of the Hadith - said, "Most likely, in my opinion, he said, `False testimony."' The Two Sahihs recorded this Hadith from Shu`bah from Anas. Another Hadith In the Two Sahihs, it is recorded that `Abdur-Rahman bin Abi Bakrah said that his father said, "The Prophet said,

«أَلَا أُنَبِّئُكُمْ بِأَكْبَرِ الْكَبَائِرِ؟»

(Should I inform you about the greatest of the great sins) We said, `Yes, O Allah's Messenger !' He said,

«الِإشْرَاكُ بِاللهِ، وَعُقُوقُ الْوَالِدَيْن»

(To join others in worship with Allah and to be undutiful to one's parents.) He was reclining, then he sat up and said;

«أَلَا وَشَهَادَةُ الزُّورِ، أَلَا وَقَوْلُ الزُّور»

(And I warn you against false testimony and false speech.) and he continued repeating it until we wished that he would stop." Another Hadith that mentions killing the Offspring In the Two Sahihs, it is recorded that `Abdullah bin Mas`ud said, "I asked, `O Allah's Messenger! What is the greatest sin' (in one narration) the biggest sin' He said,

«أَنْ تَجْعَلَ للهِ نِدًّا وَهُوَ خَلَقَك»

(To make a rival for Allah while He Alone created you.) I said, `Then' He said,

«أَنْ تَقْتُلَ وَلَدَكَ خَشْيَةَ أَنْ يَطْعَمَ مَعَك»

(To kill your offspring for fear that he might share your food with you. ) I said, `Then' He said,

«أَنْ تُزَانِيَ حَلِيلَةَ جَارِك»

(To commit adultery with your neighbor's wife.) He then recited,

وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَـهَا ءَاخَرَ

(And those who invoke not any other god along with Allah), until,

إِلاَّ مَن تَابَ

(Except those who repent)." Another Hadith from `Abdullah bin `Amr Imam Ahmad recorded that `Abdullah bin `Amr said that the Prophet said,

«أَكْبَرُ الْكَبَائِرِ: الِإشْرَاكُ بِاللهِ، وَعُقُوقُ الْوَالِدَيْنِ أَوْ قَتْلُ النَّفْسِ شعبة الشاك وَالْيَمِينُ الْغَمُوس»

(The greatest sins are: To join others in worship with Allah, to be undutiful to one's parents - or to take a life) Shu`bah was uncertain of which one - (and the false oath). Recorded by Al-Bukhari, At-Tirmidhi, and An-Nasai. Another Hadith by `Abdullah bin `Amr about Causing one's Parents to be Cursed `Abdullah bin `Amr said that the Messenger of Allah ﷺ said,

«إِنَّ مِنْ أَكْبَرِ الْكَبَائِرِ أَنْ يَلْعَنَ الرَّجُلُ وَالِدَيْه»

(Among the worst of the major sins is for a man to curse his own parents.) They said, "How can one curse his own parents" He said,

«يَسُبُّ الرَّجُلُ أَبَا الرَّجُلِ، فَيَسُبُّ أَبَاهُ، وَيَسُبُّ أُمَّهُ فَيَسُبُّ أُمَّه»

(One curses another man's father, and that man curses his father in retaliation, or he curses someone's mother and that man curses his mother.) This is the wording of Muslim. At-Tirmidhi said, "Sahih." It is recorded in the Sahih that the Messenger of Allah ﷺ said,

«سِبَابُ الْمُسْلِمِ فُسُوقٌ، وَقِتَالُهُ كُفْر»

(Cursing a Muslim is a sin and fighting him is Kufr.)

Sequence

Looking back from the beginning of Surah Al-Nisa', we see that it points out to the creation of all human beings from one father and mother and to the fact that all of them are bound in one big bond of brotherhood which suggests that rights of human beings at large have to be guarded and fulfilled. Then came a detailed statement about orphans and women which was followed by the injunctions of inheritance stressing upon the fulfillment of the rights of other relations in addition to those of the orphans and women. Pursuant to this came the injunctions of marriage telling about women who can be lawfully married and about those with whom marriage is unlawful, because marriage is a transaction and contract which entitles someone to enter into a woman's life and property.

The present verses bid the protection of human life and property and forbid any uncalled for intrusion into that area - whether those human beings are men or women; related or unrelated, Muslim or non-Muslim with whom there is a no-war pact in force. (Tafsir al-Mazhari)

Commentary

While prohibiting to eat up the property of others the actual words used in the verse' are: أَمْوَالَكُم بَيْنَكُم which have been translated as each other's property' against the very literal, 'your property in between you'. There is a consensus of Commentators that these words certainly carry the sense that nobody should eat up the property of the other by false means. The sense of the expression also includes, as indicated by Abu Hayyan in Tafsir al-Bahr al-Muhit, that anybody should eat up his own property in that manner - for example, spend it on what is religiously sinful, or is straight extravagance. That too comes under the purview of this verse and is forbidden.

The word لَا تَأْكُلُوا in the verse literally means, 'do not eat'. But, in common usage, it means, 'do not usurp the property of another person by false means whatever they may be by eating or drinking or using. In common parlance, the unauthorized use of what is owned by someone else is indicated by the idiom, 'eating up', even though it may not be eatable. The word باطِلِ "ba-til" which has been translated as "false means" covers, in the view of Sayyidna ` Abdullah ibn Masud and the majority of blessed Companions, all other forms which are impermissible and are forbidden by the Shari'ah. Included thereunder are theft, robbery, usurpation, breach of trust, bribery, interest, gambling and all false transactions. (al-Bahr al-Muhit)

False Means as explained by the Qur'an and Hadith

As for the Holy Qur'an, it has used one word بِالْبَاطِلِ (by false means) to declare that all wealth and property acquired by false means is unlawful. After that, the Holy Prophet ﷺ ، was entrusted with the duty of providing details. It was he ﷺ who explained the details of every impermissible transaction.

From this we also find out that the many details of impermissible methods of buying and selling mentioned in the ahadith of the Holy Prophet ﷺ are really an elaboration of this Qur'anic injunction. Therefore, all those injunctions are, in a way, the very injunctions of the Qur'an. Whatever injunctions of Shari’ ah have appeared in the ahadith of the Holy Prophet ﷺ they all have a common feature - they all elucidate upon one or the other Qur'anic injunction. It makes no difference whether we do or do not know that this is an explanation of a certain verse.

Permissible Methods

The first part of verse 29 explained above declares that devouring the other person's property by false and disapproved methods is unlawful. Then, in order to exempt permissible methods from the ruling of unlawfulness, it was said in the second part of the same verse: إِلَّا أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ which means that the wealth and property of others which has been acquired through trade by mutual consent is not unlawful.

Although there are, besides trade, several other means and methods which are equally permissible - for example, borrowing, gift, charity, inheritance - but, generally the most recognized and commonly practiced form of one person's property passing into the possession-and control of someone else is no other than trade. Then, trade is generally understood to be a buying and selling activity. But, according to al-Tafsir al-Mazhari, dealings related with service, labour and tenancy are also included in trade, because in bai' بیع (sale) what is acquired is m al (property) for m al, while in ijara one gets m al for service and labour. Trade covers both.

The reason why trade alone, out of the permissible forms of acquiring wealth and property from others, has been singled out here in this verse is that trade and labour are the best means of earning livelihood out of a variety of those open to man. Sayyidna Rafi` ibn Khadij ؓ says that the Holy Prophet ﷺ when asked as to which mode of earning was the purest and thfemost lawful, said:

عمل الرجل بیدہ و کل بیع مبرور (مظھری و ترغیب و ترھیب)

"Man's work with his own hands, and all honest sale transactions (not false and fraudulent) (Al-Mundhiri, Al-Targhib, and Mazhari).

Sayyidna Abu Said al-Khudhri ؓ عنہ narrates that the Holy

Prophet ﷺ said:

التاجر الصدوق الامین کع النبیین والصدیقین والشھداء (ترمذی)

"The truthful and trustworthy trader shall be with the prophets and the truthful and the martyrs". (Tirmidhi)

And Sayyidna Anas ؓ narrates that the Holy Prophet ﷺ

said:

التاجر الصدوق تحت العرش یوم القیٰمہ ۔۔ رواہ الاصفھانی (ترغیب)

"The truthful trader shall be under the shade of the Throne on the Day of Doom." (reported by al-Isfahani al-Targhib)

Special Conditions of Clean Earning

According to a narration from Sayyidna Mu` adh ibn Jabal the Holy Prophet ﷺ said:

"The cleanest earning is the earning of the traders, on condition that, when they talk, they do not lie; and when they are asked to hold something in trust, they commit no breach of trust; and when they buy something from someone, they do not start finding faults in it; and when they sell their own stuff, they do not praise it (unrealistically); and when they have a debt to pay, they do not evade payment; and , when they have a debt to recover from someone, they do not harass him." (Isfahan, as quoted by Mazhari)

For this reason, it was said in another hadith:

ان التجار یبعثون یوم القیٰمہ فجارا الا من اتقی وبر وصدق (اخرجہ الحاکم رفاعۃ بن رافع)

"Traders will be raised on the Day of Doom as the sinners except him who fears Allah, acts righteously and says what is true." (al-Hakim, from Rifa` ah b. Rafi`)

Trade and Mutual Consent

The words "unless it be a trade with your mutual consent "in verse 29 lay down two conditions for the validity of a transaction through which the property of another person may lawfully be acquired. Firstly, it must be a transaction of trade which requires exchange of properties. Therefore, the transactions of gambling, speculation and usury or the transactions of sale where the commodity does not exist are forbidden and are not valid in Shari’ ah, because these transactions cannot be termed as trade, even though they are effected in the name of trade.

Secondly, the transaction must be effected with the mutual consent of the parties. Therefore, if there is trade, where the object of sale does exist, but the mutual consent of the parties is not there, even then, the sale is invalid and impermissible. Thus, these two forms are included under "eating up each other's property by false means". Muslim jurists call the first form, البع الباطل albai' al-batil', while the second form is given the name, البع الفاصد 'al-bai` al fasid'.

To explain the first condition, we can say that trade is the name of the exchange of one commodity with the other. Having commodity on one side and having no commodity against it is not trade. It is deception. The same holds good for interest: based transactions where the amount of interest is a return for the time allowed in a loan - and this 'time' is no 'commodity'. The same thing happens in speculation and gambling. Here, the commodity does exist on one side, but the existence of a commodity against it is doubtful. Similarly, there are transactions based on forward trading where the commodity does not exist but a deal is made for its sale/purchase. Here you have commodity on one side and nothing but a promise on the other. Therefore, this is just not trade. In fact, this is deception and a kind of fraud. Therefore, Muslim jurists have ruled it to be albai' al-batil', a void transaction of sale. The explanation as given here eliminates all impermissible forms of trading.

As for the second condition, it covers a situation where a property is being exchanged for another property. Both do exist, but the transaction of exchange did not take place with mutual consent. Although this is a trade, yet it is a wrong and invalid type of trade. Therefore, it has been called 'fasid' (invalid) and is not allowed.

The reality of the condition of mutual consent

However, there is a third kind in which there is commodity on both sides, and apparently the transaction has been effected with mutual consent, but the consent of one party has been obtained by compulsion and not by his free will. Therefore, this third kind is also included in the second one. For example, a person or company collects articles of daily use from all over the market, builds up a stock, raises prices on the higher side and starts selling. Since this is not available elsewhere in the market, the customer has no choice but to buy it from him at whatever price he may be selling it. In this situation, though the customer himself walks into the store and, obviously, buys it with his consent, but this 'consent' is an outcome of compulsion and therefore, it is null and void.

Similarly, if a husband makes the conditions of living with his wife so thorny that she is compelled to forgo 'her due dower, then, this expression of 'consent' made by her while abandoning her right to receive the dower, is not considered as consent in the real sense of the term.

Or, take the example of a person who discovers that he is not going to get his valid job done without offering a bribe, and he becomes ready to offer a bribe, then, this willingness and consent is not of his own free will. Therefore, it is legally null and void.

Thus, it becomes very clear that the restriction in أَن تَكُونَ تِجَارَ‌ةً عَن تَرَ‌اضٍ مِّنكُمْ (unless it be trade with your mutual consent) justifies only those forms of buying, selling and trading the justification of which stands proved on the authority of the ahadith of the Holy Prophet ﷺ . Muslim jurists have simply codified them. So, all forms of buying, selling and trading prohibited and impermissible in the Shari’ ah of Islam stand excluded from the approved core. To sum up, this one word of the Holy Qur'an provides the key to the wonderful treasure of Muslim jurisprudence on the subject of al-buyu and al-ijara.

The third sentence of the first verse (29) says: وَلَا تَقْتُلُوا أَنفُسَكُمْ which has been literally translated here as 'and do not kill yourselves.' According to the consensus of commentators, this includes, suicide; as well as, killing each other unjustly. The first sentence of the verse described the property rights of human beings at large and stressed that they be guarded. The present sentence, the third one we have before us right now, covers their right of life. Property has been mentioned in this verse earlier than 'life', probably because injustice and negligence are very common in matters relating to property rights. No doubt, unjust killing is far more grave, yet customarily its frequency is lower. Hence, it comes later.

Verse 29 closes with the statement: إِنَّ اللَّـهَ كَانَ بِكُمْ رَ‌حِيمًا ، which means that the injunctions given in this verse -- 'do not eat up each other's property by false means' or 'do not kill anyone unjustly' -- are injunctions that come to you as Divine Mercy, so that you can take your guard against falling into these misdeeds and thereby become liable to punishment in the life to come, and also that you may stay safe from punishments which could afflict you right here in the present life.

One of the profitable ways in which the possessions of one person are shared by another is through the system of demand and supply; another way is through payment for services rendered. Trading and the provision of services are, according to Islamic law, the right way of earning a livelihood. Any income gained by other means, such as theft, deceit, lies, bribery, usury, gambling, etc., is unlawful in the sight of God. These are nothing but different ways of plundering and those who do so at the expense of honest means of earning may be successful in this world, but all that will be in store for them in the Hereafter will be fire and brimstone. Similarly, reverence must be shown for human life. Human beings deserve justice. The right to execute a person lies in the hands of only an established government, which may punish the accused after he has been proved guilty according to the law of God. Apart from this, anyone who tries to deprive a man of his life, commits an unlawful act, for which God will prescribe severe punishment. Going beyond all limits and torturing unjustifiably are the most heinous crimes in the eyes of God. Those who desist from such unlawful acts will receive special favour from Him and will enter the eternal world of the Hereafter, after being pardoned for minor negligence and weaknesses in this world.