Transliteration:( Yas'aloonaka 'anil ahillati qul hiya mawaaqeetu linnaasi wal Hajj; wa laisal birru bi an ta'tul buyoota min zuhoorihaa wa laakinnal birra manit taqaa; wa'tul buyoota min abwaa bihaa; wattaqullaaha la'allakum tuflihoon )
429. By enquiring about the crescent is meant why does the moon vary in its phases, why is it not constant in its appearance like the sun. In reply, the advantageous effects of the moon are told, not the reason for its various phases, as this reply is more beneficial.
430. From this verse we learn that Muslims should conduct their affairs in accordance with lunar dates as Allah Almighty has cited the moon as an auspicious symbol. We also learn that lunar months are better than solar months because the almanac of these months is in the heaven. The moon is a means of determining the dates. On the other hand, the almanac of solar months is found in this world only.
431. The non-believers of Arabia regarded entering their homes through the front gate while in Ihraam as sinful. They would go to and from the house through the back entrance or from the house top. In refutation of this practice this verse was revealed. From this we learn that to regard anything as prohibited without any prohibition is the practice of the ignorant. Also, regarding useless and absurd things as commendable acts, too is the practice of fools. Reward will only be obtained for doing those permissible acts which performed well.
432. This is a command of permissibility i.e. whether in Ihraam or otherwise, one can enter the house from the door. However, this does not mean that one cannot enter the house through the ceiling when necessary.
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188. And eat up not one another’s property unjustly (in any illegal way, e.g., stealing, robbing, deceiving), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.
`Ali bin Abu Talhah reported that Ibn `Abbas said, “This (Ayah 2:188) is about the indebted person when there is no evidence of the loan. So he denies taking the loan and the case goes to the authorities, even though he knows that it is not his money and that he is a sinner, consuming what is not allowed for him.” This opinion was also reported from Mujahid, Sa`id bin Jubayr, `Ikrimah, Al-Hasan, Qatadah, As-Suddi, Muqatil bin Hayan and `Abdur-Rahman bin Zayd bin Aslam. They all stated, “Do not dispute when you know that you are being unjust.”
It is reported in the Two Sahihs that Umm Salamah narrated that Allah’s Messenger said:
(I am only human! You people present your cases to me, and as some of you may be more eloquent and persuasive in presenting his argument, I might issue a judgment in his benefit. So, if I give a Muslim’s right to another, I am really giving him a piece of fire; so he should not take it.)
The Ayah and the Hadith prove that the judgment of the authorities in any case does not change the reality of the truth. Hence, the ruling does not allow what is in fact prohibited or prohibit what is in fact allowed. It is only applicable in that case. So if the ruling agrees with the truth, then there is no harm in this case. Otherwise, the judge will acquire his reward, while the cheater will acquire the evil burden.
This is why Allah said:
(And eat up not one another’s property unjustly, nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.) meaning, `While you know the falsehood of what you claim. ‘ Qatadah said, “O son of Adam! Know that the judge’s ruling does not allow you what is prohibited or prohibit you from what is allowed. The judge only rules according to his best judgment and according to the testimony of the witnesses. The judge is only human and is bound to make mistakes. Know that if the judge erroneously rules in some one’s favor, then that person will still encounter the dispute when the disputing parties meet Allah on the Day of Resurrection. Then, the unjust person will be judged swiftly and precisely with that which will surpass whatever he acquired by the erroneous judgment he received in the life of this world.”
(2:189) People question you concerning the phases of the moon. Say: “They are signs to determine time for the sake of people and for the Pilgrimage.”[198] Also tell them: “True righteousness is not that you enter your houses from the back; righteousness lies in fearing Allah. So, enter your houses by their doors, and fear Allah that you might attain true success.”[199]
198. The waxing and waning of the moon has attracted men’s attentions throughout the ages and all kinds of fanciful ideas, superstitions and rituals have been, and are still today, associated with it. The moon was considered the basis of good and bad omens. Certain dates were considered auspicious and others inauspicious for starting journeys, for beginning new tasks, for weddings and so on on the ground that the rising and setting of the moon, its waxing and waning and its eclipse affect human destiny. The Arabs too had their share of such superstitions. It was therefore natural that enquiries regarding such matters should be addressed to the Prophet.
In response, God says that the waxing and waning of the moon is nothing more than a physical phenomenon. By its appearance in the firmament the moon enables man to divide his year and it can thus be considered nature’s own calendar. Particular reference is made to Hajj because it occupied the position of highest importance in the religious, cultural and economic life of the Arabs. Four months of the year were specified since they were the months of major and minor Pilgrimage (Hajj and ‘Umrah). During these months there was to be no warfare and the routes were completely safe for travelling. Thanks to the peace and tranquillity thus established, trade and commerce prospered.
199. One superstitious custom of the Arabs was that once they entered the state of consecration for Pilgrimage they did not enter their houses by the door. Instead, they either leapt over the walls from the rear or climbed through windows which they had specially erected for that purpose. On returning from journeys, too, they entered their houses from the rear. In this verse this superstitious custom is denounced, as are all superstitious customs; it is pointed out that the essence of moral excellence consists of fearing God and abstaining from disobeying His commands. Those meaningless customs by which people felt bound, out of blind adherence to the traditions of their forefathers, and which had no effect at all on man’s ultimate destiny, had nothing to do with moral excellence.
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