Laws of Surah Baqarah V.190-195

بسم الله الرحمن الرحيم

وَقَـٰتِلُواْ فِى سَبِيلِ ٱللَّهِ ٱلَّذِينَ يُقَـٰتِلُونَكُمۡ وَلَا تَعۡتَدُوٓاْ‌ۚ إِنَّ ٱللَّهَ لَا يُحِبُّ ٱلۡمُعۡتَدِينَ (١٩٠) وَٱقۡتُلُوهُمۡ حَيۡثُ ثَقِفۡتُمُوهُمۡ وَأَخۡرِجُوهُم مِّنۡ حَيۡثُ أَخۡرَجُوكُمۡ‌ۚ وَٱلۡفِتۡنَةُ أَشَدُّ مِنَ ٱلۡقَتۡلِ‌ۚ وَلَا تُقَـٰتِلُوهُمۡ عِندَ ٱلۡمَسۡجِدِ ٱلۡحَرَامِ حَتَّىٰ يُقَـٰتِلُوكُمۡ فِيهِ‌ۖ فَإِن قَـٰتَلُوكُمۡ فَٱقۡتُلُوهُمۡ‌ۗ كَذَٲلِكَ جَزَآءُ ٱلۡكَـٰفِرِينَ (١٩١) فَإِنِ ٱنتَہَوۡاْ فَإِنَّ ٱللَّهَ غَفُورٌ۬ رَّحِيمٌ۬ (١٩٢) وَقَـٰتِلُوهُمۡ حَتَّىٰ لَا تَكُونَ فِتۡنَةٌ۬ وَيَكُونَ ٱلدِّينُ لِلَّهِ‌ۖ فَإِنِ ٱنتَہَوۡاْ فَلَا عُدۡوَٲنَ إِلَّا عَلَى ٱلظَّـٰلِمِينَ (١٩٣) ٱلشَّہۡرُ ٱلۡحَرَامُ بِٱلشَّہۡرِ ٱلۡحَرَامِ وَٱلۡحُرُمَـٰتُ قِصَاصٌ۬‌ۚ فَمَنِ ٱعۡتَدَىٰ عَلَيۡكُمۡ فَٱعۡتَدُواْ عَلَيۡهِ بِمِثۡلِ مَا ٱعۡتَدَىٰ عَلَيۡكُمۡ‌ۚ وَٱتَّقُواْ ٱللَّهَ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ مَعَ ٱلۡمُتَّقِينَ (١٩٤)وَأَنفِقُواْ فِى سَبِيلِ ٱللَّهِ وَلَا تُلۡقُواْ بِأَيۡدِيكُمۡ إِلَى ٱلتَّہۡلُكَةِ‌ۛ وَأَحۡسِنُوٓاْ‌ۛ إِنَّ ٱللَّهَ يُحِبُّ ٱلۡمُحۡسِنِينَ

“Fight in the way of Allah against those who fight you, and do not transgress. Verily, Allah does not like the transgressors. (190) Kill them wherever you find them, and drive them out from where they drove you out, as Fitnah (to create disorder) is more severe than killing. However, do not fight them near Al-Masjid-ul-Haram (the Sacred Mosque in Makkah) unless they fight you there. However, if they fight you (there) you may kill them. Such is the reward of the disbelievers. (191) But if they desist, then indeed, Allah is Most-Forgiving, Very- Merciful. (192) Fight them until there is no Fitnah any more, and obedience remains for Allah. But, if they desist, then aggression is not allowed except against the transgressors. (193) The holy month for the holy month, and the sanctities are subject to retribution. So when anyone commits aggression against you, be aggressive against him in the like manner as he did against you, and fear Allah, and be sure that Allah is with the God-fearing. (194) Spend in the way of Allah and do not put yourselves into destruction, and do good. Of course, Allah loves those who do good.” (195)

Ruling: In verse 190 Allah commands to fight those who fight against you. So therefore, it would not be permissible to kill women, children, monks/priests, and those devoted to religious pursuits, the handy capped, the old etc. However, if they were to join the enemy and attempt to kill you, at that point, it would be permissible to fight them. It also includes not breaking treaties and covenants. (Maarif Al Quran V1 pg 483)

Ruling: Mecca was and is known as the place of security, one is not allowed to even kill animals, let alone humans in the sacred precincts. However, the Prophet ﷺ and the companions were barred from entry to perform umrah in the year of Hudaybiyya. When they decided the next year to go, some Sahabas were concerned that if the kuffar of Quraysh would break the promise and fight in the haram, which is forbidden, what would they do? Allah says that if the kuffar fight them, then they have permission to fight back, but not to initiate the fighting. This is the ruling and background of the verse 191. (Maarif Al Quran V1 pg 478)

Ruling: The four sacred months are Muharam, Rajab, Dhul-qadah and Dhul-hijjah. From the time before Islam, until the seventh year of Hijrah, fighting in these months remained unlawful. However, this rule was abrogated and permission to fight was given within these months, even though not to fight is preferable. So, the sanctity of the months is similar to that of the haram, in that both have the necessity of self defensive being the driving force to fight. This is for verse 194. (Maarif Al Quran V1 pg 487)

Ruling: If someone usurps something that belongs do you, they must replace it with a similar item. If a similar item can not be replaced, the value of it should be paid. (Ruh Al Maani V3 pg 168) The laws of qisas concerning those things which are bodily wounds and can be exacted are also derived from this verse. In retribution one should not go over the boundaries and take more than what is his right. (Ahkaam Al Quran Thanvi V1 pg 288)

Ruling: In verse 195 Allah commands the believers to spend in his way when ever the need arises. Throwing your selves into destruction means the abandonment of Jihad and not spending in the path of Allah. So, the banishing of jihad from the Muslims and not spending in the path of Allah is the cause of their degradation and destruction. This verse can alternatively mean do not destroy your selves by committing sins. It also means do not be extravagant. (Ahkaam Al Quran Thanvi V1 pg 289, Ruh Al Maani V3 pg 168)

Author: Hamza

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