(And there is life for you in Al-Qisas) legislating the Law of equality, i.e., killing the murderer, carries great benefits for you. This way, the sanctity of life will be preserved because the killer will refrain from killing, as he will be certain that if he kills, he would be killed. Hence life will be preserved. In previous Books, there is a statement that killing stops further killing! This meaning came in much clearer and eloquent terms in the Qur'an:
(And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment).)
Abu Al-`Aliyah said, "Allah made the Law of equality a `life'. Hence, how many a man who thought about killing, but this Law prevented him from killing for fear that he will be killed in turn.'' Similar statements were reported from Mujahid, Sa`id bin Jubayr, Abu Malik, Al-Hasan, Qatadah, Ar-Rabi` bin Anas and Muqatil bin Hayyan. Allah's statement:
(O men of understanding, that you may acquire Taqwa.) means, `O you who have sound minds, comprehension and understanding! Perhaps by this you will be compelled to refrain from transgressing the prohibitions of Allah and what He considers sinful. 'Taqwa (mentioned in the Ayah) is a word that means doing all acts of obedience and refraining from all prohibitions.
(180. It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqin (the pious).) (181. Then whoever changes it after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower.) (182. But he who fears from a testator some unjust act or wrongdoing, and thereupon he makes peace between the parties concerned, there shall be no sin on him. Certainly, Allah is Oft-Forgiving, Most Merciful.)
This Ayah contains the command to include parents and relatives in the will, which was obligatory, according to the most correct view, before the Ayah about inheritance was revealed. When the Ayah of inheritance was revealed, this Ayah was abrogated, so fixed shares of the inheritance for deserving recipients were legislated by Allah. Therefore, deserving inheritors take their fixed inheritance without the need to be included in the will or to be reminded of the favor of the inherited person. For this reason we see the Hadith narrated in the Sunan and other books that `Amr bin Kharijah said: I heard Allah's Messenger saying in a speech:
(Allah has given each heir his fixed share. So there is no will for a deserving heir.)
Imam Ahmad recorded that Muhammad bin Sirin said: Ibn `Abbas recited Surat Al-Baqarah (chapter 2 in the Qur'an) until he reached the Ayah:
(...if he leaves wealth, that he makes a bequest to parents and next of kin.)
He then said, "This Ayah was abrogated.'' This was recorded by Sa`id bin Mansur and Al-Hakim in his Mustadrak Al-Hakim Said, "It is Sahih according to their criteria (Al-Bukhari and Muslim)''. Ibn Abu Hatim reported that Ibn `Abbas said that Allah's statement:
(a bequest to parents and next of kin)
was abrogated by the Ayah:
(There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large ـ a legal share.) (4:7)
Ibn Abu Hatim then said, "It was reported from Ibn `Umar, Abu Musa, Sa`id bin Musayyib, Al-Hasan, Mujahid, `Ata' Sa`id bin Jubayr, Muhammad bin Sirin, `Ikrimah, Zayd bin Aslam and Ar-Rabi` bin Anas. Qatadah, As-Suddi, Muqatil bin Hayyan, Tawus, Ibrahim An-Nakha`i, Shurayh, Ad-Dahhak and Az-Zuhri said that this Ayah (2:180 above) was abrogated by the Ayah about the inheritors (4:7).''
It is recommended that the remaining relatives who do not have a designated fixed share of the inheritance, be willed up to a third, due to the general meaning of the Ayah about the will. It is recorded in the Sahihayn that Ibn `Umar said that Allah's Messenger said:
(It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.)
Ibn `Umar commented, "Ever since I heard this statement from Allah's Messenger, no night has passed, but my will is kept ready with me.'' There are many other Ayat and Ahadith ordering kindness and generosity to one's relatives.
The will should be fair, in that one designates a part of the inheritance to his relatives without committing injustice against his qualified inheritors and without extravagance or stinginess. It is recorded in the Sahihayn that Sa`d bin Abu Waqqas said, "O Allah's Messenger! I have some money and only a daughter inherits from me, should I will all my remaining property (to others)'' He said, "No.'' Sa`d said, "Then may I will half of it'' He said, "No.'' Sa`d said, "One-third'' He said, "Yes, one-third, yet even one-third is too much. It is better for you to leave your inheritors wealthy than to leave them poor, begging from others.'' Al-Bukhari mentioned in his Sahih that Ibn `Abbas said, "I recommend that people reduce the proportion of what they bequeath by will to a fourth (of the whole legacy) rather than a third, for Allah's Messenger said:
(One-third, yet even one-third is too much.)''
(Then whoever changes it after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower.) means, whoever changed the will and testament or altered it by addition or deletion, including hiding the will as is obvious, then
(the sin shall be on those who make the change. )
Ibn `Abbas and others said, "The dead person's reward will be preserved for him by Allah, while the sin is acquired by those who change the will.''
(Truly, Allah is All-Hearer, All-Knower.) means, Allah knows what the dead person has bequeathed and what the beneficiaries (or others) have changed in the will.
(But he who fears from a testator some unjust act or wrongdoing,)
Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Ad-Dahhak, Ar-Rabi` bin Anas and As-Suddi said, "Error.'' These errors include such cases as when the inheritor indirectly acquires more than his fair share, such as by being allocated that a certain item mentioned in the legacy be sold to him. Or, the testator might include his daughter's son in the legacy to increase his daughter's share in the inheritance, and so forth. Such errors might occur out of the kindness of the heart without thinking about the consequences of these actions, or by sinful intention. In such cases, the executive of the will and testament is allowed to correct the errors and to replace the unjust items in the will with a better solution, so that both the Islamic law and what the dead person had wished for are respected and observed. This act would not constitute an alteration in the will and this is why Allah mentioned it specifically, so that it is excluded from the prohibition (that prohibits altering the will and testament) mentioned in the previous Ayah. And Allah knows best.
`Abdur-Razzaq reported that Abu Hurayrah said that Allah's Messenger said:
(A man might perform the works of righteous people for seventy years, but when he dictates his will, he commits injustice and thus his works end with the worst of his deeds and he enters the Fire. A man might perform the works of evil people for seventy years, but then dictates a just will and thus ends with the best of his deeds and then enters Paradise.)
Abu Hurayrah then said, "Read if you wish:
(These are the limits ordained by Allah, so do not transgress them.)'' (2:229)
(183. O you who believe! Fasting is prescribed for you as it was prescribed for those before you, that you may acquire Taqwa.) (184. Fast for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast is better for you if only you know.)
In an address to the believers of this Ummah, Allah ordered them to fast, that is, to abstain from food, drink and sexual activity with the intention of doing so sincerely for Allah the Exalted alone. This is because fasting purifies the souls and cleanses them from the evil that might mix with them and their ill behavior. Allah mentioned that He has ordained fasting for Muslims just as He ordained it for those before them, they being an example for them in that, so they should vigorously perform this obligation more obediently than the previous nations. Similarly, Allah said:
(To each among you, We have prescribed a law and a clear way. If Allah had willed, He would have made you one nation, but that (He) may test you in what He has given you; so compete in good deeds.) (5:48)
Allah said in this Ayah:
(O you who believe! Fasting is prescribed for you as it was prescribed for those before you, that you may have Taqwa).) since the fast cleanses the body and narrows the paths of Shaytan. In the Sahihayn the following Hadith was recorded:
.(O young people! Whoever amongst you can afford marriage, let him marry. Whoever cannot afford it, let him fast, for it will be a shield for him.)
Allah then states that the fast occurs during a fixed number of days, so that it does not become hard on the hearts, thereby weakening their resolve and endurance.)
Al-Bukhari and Muslim recorded that `A'ishah said, "(The day of) `Ashura' was a day of fasting. When the obligation to fast Ramadan was revealed, those who wished fasted, and those who wished did not.'' Al-Bukhari recorded the same from Ibn `Umar and Ibn Mas`ud.
(...those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).)
Mu`adh commented, "In the beginning, those who wished, fasted and those who wished, did not fast and fed a poor person for each day.'' Al- Bukhari recorded Salamah bin Al-Akwa` saying that when the Ayah:
(...those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).) was revealed, those who did not wish to fast, used to pay the Fidyah (feeding a poor person for each day they did not fast) until the following Ayah (2:185) was revealed abrogating the previous Ayah. It was also reported from `Ubaydullah from Nafi` that Ibn `Umar said; "It was abrogated.'' As-Suddi reported that Murrah narrated that `Abdullah said about this Ayah:
(those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).) "It means `those who find it difficult (to fast).' Formerly, those who wished, fasted and those who wished, did not but fed a poor person instead.'' Allah then said:
(But whoever does good of his own accord) meaning whoever fed an extra poor person,
(it is better for him. And that you fast is better for you) Later the Ayah:
(So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month) (2:185) was revealed and this abrogated the previous Ayah (2:184).
Al-Bukhari reported that `Ata heard Ibn `Abbas recite:
(And as for those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).)
Ibn `Abbas then commented, "(This Ayah) was not abrogated, it is for the old man and the old woman who are able to fast with difficulty, but choose instead to feed a poor person for every day (they do not fast).'' Others reported that Sa`id bin Jubayr mentioned this from Ibn `Abbas. So the abrogation here applies to the healthy person, who is not traveling and who has to fast, as Allah said:
(So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month.) (2:185)
As for the old man (and woman) who cannot fast, he is allowed to abstain from fasting and does not have to fast another day instead, because he is not likely to improve and be able to fast other days. So he is required to pay a Fidyah for every day missed. This is the opinion of Ibn `Abbas and several others among the Salaf who read the Ayah:
(And as for those who can fast with difficulty, (e.g., an old man)) to mean those who find it difficult to fast as Ibn Mas`ud stated. This is also the opinion of Al-Bukhari who said, "As for the old man (person) who cannot fast, (he should do like) Anas who, for one or two years after he became old fed some bread and meat to a poor person for each day he did not fast.''
This point, which Al-Bukhari attributed to Anas without a chain of narrators, was collected with a continuous chain of narrators by Abu Ya`la Mawsuli in his Musnad, that Ayyub bin Abu Tamimah said; "Anas could no longer fast. So he made a plate of Tharid (broth, bread and meat) and invited thirty poor persons and fed them.'' The same ruling applies for the pregnant and breast-feeding women if they fear for themselves or their children or fetuses. In this case, they pay the Fidyah and do not have to fast other days in place of the days that they missed.
(185. The month of Ramadan in which was revealed the Qur'an, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month, and whoever is ill or on a journey, the same number ﴿of days which one did not observe Sawm (fasting) must be made up﴾ from other days. Allah intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days), and that you must magnify Allah ﴿i.e., to say Takbir (Allahu Akbar: Allah is the Most Great)﴾ for having guided you so that you may be grateful to Him.)
Allah praised the month of Ramadan out of the other months by choosing it to send down the Glorious Qur'an, just as He did for all of the Divine Books He revealed to the Prophets. Imam Ahmad reported Wathilah bin Al-Asqa` that Allah's Messenger said:
(The Suhuf (Pages) of Ibrahim were revealed during the first night of Ramadan. The Torah was revealed during the sixth night of Ramadan. The Injil was revealed during the thirteenth night of Ramadan. Allah revealed the Qur'an on the twenty-fourth night of Ramadan.)
(...a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong).)
Here Allah praised the Qur'an, which He revealed as guidance for the hearts of those who believe in it and adhere to its commands. Allah said:
(and clear proofs) meaning, as clear and unambiguous signs and unequivocal proof for those who understand them. These proofs testify to the truth of the Qur'an, its guidance, the opposite of misguidance, and how it guides to the straight path, the opposite of the wrong path, and the distinction between the truth and falsehood, and the permissible and the prohibited.
(So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month.)
This Ayah requires the healthy persons who witness the beginning of the month, while residing in their land, to fast the month. This Ayah abrogated the Ayah that allows a choice of fasting or paying the Fidyah. When Allah ordered fasting, He again mentioned the permission for the ill person and the traveler to break the fast and to fast other days instead as compensation. Allah said:
(...and whoever is ill or on a journey, the same number ﴿of days which one did not observe Sawm (fasting) must be made up﴾ from other days.)
This Ayah indicates that ill persons who are unable to fast or fear harm by fasting, and the traveler, are all allowed to break the fast. When one does not fast in this case, he is obliged to fast other days instead. Allah said:
(Allah intends for you ease, and He does not want to make things difficult for you.)
This Ayah indicates that Allah allowed such persons, out of His mercy and to make matters easy for them, to break the fast when they are ill or traveling, while the fast is still obligatory on the healthy persons who are not traveling.
The authentic Sunnah states that Allah's Messenger traveled during the month of Ramadan for the battle for Makkah. The Prophet marched until he reached the area of Kadid and then broke his fast and ordered those who were with him to do likewise. This was recorded in the Two Sahihs. Breaking the fast mentioned in this Hadith was not required, for the Companions used to go out with Allah's Messenger during the month of Ramadan, then, some of them would fast while some of them would not fast and neither category would criticize the others. If the command mentioned in the Hadith required breaking the fast, the Prophet would have criticized those who fasted. Allah's Messenger himself sometimes fasted while traveling. For instance, it is reported in the Two Sahihs that Abu Ad-Darda' said, "We once went with Allah's Messenger during Ramadan while the heat was intense. One of us would place his hand on his head because of the intense heat. Only Allah's Messenger and `Abdullah bin Rawahah were fasting at that time.''
We should state that observing the permission to break the fast while traveling is better, as Allah's Messenger said about fasting while traveling:
(Those who did not fast have done good, and there is no harm for those who fasted.)
In another Hadith, the Prophet said:
(Hold to Allah's permission that He has granted you.)
Some scholars say that the two actions are the same, as `A'ishah narrated that Hamzah bin `Amr Al-Aslami said, "O Messenger of Allah! I fast a lot, should I fast while traveling'' The Prophet said:
(Fast if you wish or do not fast if you wish.)
This Hadith is in the Two Sahihs. It was reported that if the fast becomes difficult (while traveling), then breaking the fast is better. Jabir said that Allah's Messenger saw a man who was being shaded (by other people while traveling). The Prophet asked about him and he was told that man was fasting. The Prophet said:
(It is not a part of Birr (piety) to fast while traveling.) This was recorded by Al-Bukhari and Muslim.
As for those who ignore the Sunnah and believe in their hearts that breaking the fast while traveling is disliked, they are required to break the fast and are not allowed to fast.
As for making up for missed fasting days, it is not required to be consecutive. One may do so consecutively or not consecutively. There are ample proofs to this fact. We should mention that fasting consecutive days is only required exclusively during Ramadan. After the month of Ramadan, what is required then is to merely make up for missed days. This is why Allah said:
(. ..the same number (should be made up) from other days.)
Allah then said:
(Allah intends for you ease, and He does not want to make things difficult for you.)
Imam Ahmad recorded Anas bin Malik saying that Allah's Messenger said:
(Treat the people with ease and don't be hard on them; give them glad tidings and don't fill them with aversion.)
This Hadith was also collected in the Two Sahihs. It is reported in the Sahihayn that Allah's Messenger said to Mu`adh and Abu Musa when he sent them to Yemen:
(Treat the people with ease and don't be hard on them; give them glad tidings and don't fill them with aversion; and love each other, and don't differ.)
The Sunan and the Musnad compilers recorded that Allah's Messenger said:
(I was sent with the easy Hanifiyyah (Islamic Monotheism).)
(Allah intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days)) means: You were allowed to break the fast while ill, while traveling, and so forth, because Allah wanted to make matters easy for you. He only commanded you to make up for missed days so that you complete the days of one month.
(...and that you must magnify Allah ﴿i.e., to say Takbir (Allahu Akbar: Allah is the Most Great)﴾ for having guided you) means: So that you remember Allah upon finishing the act of worship. This is similar to Allah's statement:
(So when you have accomplished your Manasik, (rituals) remember Allah as you remember your forefathers or with far more remembrance.) (2:200) and:
(...Then when the (Jumu`ah) Salah (prayer) is ended, you may disperse through the land, and seek the bounty of Allah (by working), and remember Allah much, that you may be successful.) (62:10) and:
(...and glorify the praises of your Lord, before the rising of the sun and before (its) setting. And during a part of the night, glorify His praises, and after the prayers.) (50:39, 40)
This is why the Sunnah encouraged Tasbih (saying Subhan Allah, i.e., all praise is due to Allah), Tahmid (saying Al-Hamdu Lillah, i.e., all the thanks are due to Allah) and Takbir (saying Allahu Akbar, i.e., Allah is the Most Great) after the compulsory prayers. Ibn `Abbas said, "We used to know that Allah's Messenger has finished the prayer by the Takbir.'' Similarly, several scholars have stated that reciting Takbir the during `Id-ul-Fitr was specified by the Ayah that states:
((He wants that you) must complete the same number (of days), and that you must magnify Allah ﴿i.e., to say Takbir (Allahu Akbar: Allah is the Most Great)﴾ for having guided you...) Allah's statement:
(...so that you may be grateful to Him.) means: If you adhere to what Allah commanded you, obeying Him by performing the obligations, abandoning the prohibitions and abiding by the set limits, then perhaps you will be among the grateful.
(186. And when My servants ask you (O Muhammad concerning Me, then answer them), I am indeed near (to them by My knowledge). I respond to the invocations of the supplicant when he calls on Me (without any mediator or intercessor). So let them obey Me and believe in Me, so that they may be led aright.)