Ayah 59:1Commentary
Sequencing of Surahs
The preceding Surah had condemned the close friendship developed by the hypocrites with the Jews. The present Surah describes the punishment faced by the Jews in this world in the form of exile and in the Hereafter in the form of grievous torment.
Cause of Revelation
The story of their banishment from Madinah is that when the Messeger of Allah ﷺ migrated to Madinah, he concluded a peace treaty with the Jews. Banu Nadir, one of the Jew tribes living around Madinah, were one of the three signatories. The latter tribe lived about two miles away from Madinah. Once it happened that ` Amr Ibn 'Umayyah Damuri killed two persons by mistake. According to Law, the Muslims jointly had to settle the blood-wit. The Holy Prophet ﷺ first collected money from the Muslims for this purpose. Then he decided to collect money from the Jews as well in terms of the treaty he already had with them. The Holy Prophet ﷺ visited the tribe of Banu Nadir for this purpose. Before his arrival, they conspired to put an end to his life. When he reached there, they made him sit against a wall and said to him that they were going to gather the blood money. In the meanwhile, they secretly plotted that someone should climb the particular wall in the shade of which the Holy Prophet ﷺ was sitting and drop a rock on him and kill him. But before the Jews could execute their sinister plan, Allah revealed to him in time about their plot and conspiracy. The Holy Prophet ﷺ instantly left the place, returned to Madinah and sent a message to Banu Nadir that they have betrayed the treaty. Therefore, they are given ten days in which to leave the town and go into exile, and were warned that if they would not meet the deadline, they might be killed at sight. They decided to leave, but ` Abdullah Ibn 'Ubayy prevented them. He said that they did not have to leave because he had an army of two thousand men who were willing to lay down their lives to protect the Jewish lives. It is stated in Ruh-ul-Ma` ani on the authority of Ibn Ishaq that along with ` Abdullah were Wadi'ah Ibn Malik, Suwaid and Ra'ish. The Jews fell into the trap of the three and sent a message to the Holy Prophet that they would not leave. As a result, he together with the noble Companions ؓ marched on that tribe. The Jews locked themselves up in the fortresses, but the hypocrites, being essentially cowards, hid themselves. The Holy Prophet ﷺ laid a siege to the Jewish fortresses. Some of their date palms were felled and others were burnt down. Eventually, they agreed to go into exile. So, the Holy Prophet ﷺ forced them to evacuate and abandon their fortresses and, in kindness, allowed to take with them enough provisions, whatever their cavalry and camelry could carry except arms and weapons, which, they were told, would be confiscated. Some of them went to Syria, while others went to Khaibar. On account of their greed, they carried with them even beams, rafters, woods and the doors of their houses. This incident took place after the battle of Badr in RabI'-ul Awwal 4 AH. Sayyidna ` Umar ؓ ، during his caliphate, sent them away to Syria to live with the rest of the Jews. The two banishments go under the names of the 'first banishment' and the 'second banishment'. [ Zad-ul-Ma’ ad ].
The Characteristics of Surah AI-Hashr and the History of Banu Nadir
The entire Surah Al-Hashr was revealed in connection with Bani Nadir [ Ibn Ishaq ]. Sayyidna Ibn ` Abbas ؓ used to call this Surah, Surah Banff Nadir. [ Ibn Kathir ]. Bani Nadir were the descendents of the Holy Prophet Harun ﷺ . Their forefathers were scholars of Torah, which contained a full description of the Last Prophet ﷺ such as his physical features, his signs of Prophet-hood and his migration to Yathrib (Madinah). This tribe was under the impression that the Last Prophet ﷺ would be one of the descendents of Holy Prophet Harun (علیہ السلام) and they would have the pleasure of being in his company. For this reason, they migrated from Syria and settled in Yathrib. Some of the contemporaries of the Holy Prophet ﷺ were also scholars of the Torah, who saw his physical features and other signs of Prophet-hood and recognized him as the Final Messenger but, as they thought that he would be one of the descendents of Harun they were disappointed when he was raised among the descendents of Ismail (علیہ السلام) . They were jealous and, on account of their jealousy, they were inhibited from embracing the Faith. But in their heart of hearts they knew that Sayyidna Muhammad ﷺ was the Final Messenger of Allah. When, in the battle of Badr, they saw the amazing victory of the Muslims and the humiliating defeat of the pagan Quraish, their degree of certainty was somewhat augmented. They even expressed their amazement. But distinguishing between truth and falsehood on the basis, measurement, or standard of the apparent victory and defeat is a weak yardstick. As a result, when in the battle of Uhud, Muslims initially suffered a temporary setback and some of the Companions ؓ were martyred, their certainty was shaken. After that they started conspiring with the pagan Arabs.
When the Messenger of Allah ﷺ migrated to Madinah, as stated earlier, he with his political sagacity felt his first task was to enter into a peace treaty with the Jews of Madinah and other neighbouring Jewish tribes, stipulating that he would not fight them and they would not fight him, nor would they aid and abet those who take up arms against the Muslims, and if the Jews were attacked, the Muslims would assist them. There were many other clauses in the peace accord, the details of which are available in 'Sirah of Ibn Hisham'. All the Jewish tribes, including Banu Nadir, had their area, strong fortresses and orchards at a distance of 3.2 kilometers from Madinah.
Up to the point of the battle of 'Uhud, they apparently kept to the terms of the treaty. But after that battle, they betrayed the treaty and started conspiring secretly, in that a leader of Banu Nadir, Ka'b Ibn Ashraf, went to Makkah with a caravan of forty Jewish members to curry favour with the pagan Quraish who were anxious to avenge the defeat of the battle of Badr, and had gone to the battle of 'Uhud for that reason but were eventually defeated in the latter battle as well. The defeated men returned and the Jews met them. They conspired and agreed to wage a war against the Messenger of Allah and the Muslims. Ka'b Ibn Ashraf with his forty Jewish members and Abu Sufyan with his forty members of pagan Quraish entered the Sacred Mosque and, holding on the curtain of the House of Allah, pledged that they would jointly fight the Muslims and annihilate them.
When, after this pledge, Ka'b Ibn Ashraf returned to Madinah, Jibra'il (علیہ السلام) descended and informed the Messenger of Allah ﷺ about the entire episode and the details of the pledge. In the meantime, the Holy Prophet ﷺ issued the command to kill Ka'b Ibn Ashraf. A noble Companion Muhammad Ibn Maslamah killed him.
Subsequently, Banu Nadir hatched many different plots to harm the Messenger of Allah ﷺ ، one of which was, as reported earlier, their plot to kill him. The Holy Prophet ﷺ ، after collecting blood money from the Muslims in a particular case of murder, decided to collect money from the Jews in terms of the treaty that was concluded between himself ﷺ ، the tribes of Banu Nadir, Banu Qainuqa` and Banu Quraizah. Before his arrival, they planned to kill him, as detailed above. The person who was entrusted with the task of throwing a rock on the head of the Holy Prophet ﷺ was a Jew ` Umar Ibn Jahhash by name who had volunteered himself for the task. Had it not been for the revelatory information the Holy Prophet ﷺ ; received from Allah, their plot would have worked. But Allah protected His Messenger ﷺ and the conspiracy was thus thwarted and their plan failed.
A Lesson
It is a remarkable co-incidence that subsequently the entire Banu Nadir clan was expelled from Madinah except for two persons who embraced the Islamic Faith and were spared: One of them was ` Umar Ibn Jahhash and the other was his paternal uncle Yamin Ibn ` Amr Ibn Ka'b. [ Ibn Kathir ].
The Story of ` Amr Ibn Umayyah Damuri
Under the rubric of 'cause of revelation' above, reference was made to the incident that ` Amr Ibn Umayyah Damuri accidentally killed two men. The Muslims as well as the Jews had to jointly settle the blood-wit in terms of the treaty existing between them. The Holy Prophet ﷺ collected money from the Muslims for this purpose. Then he decided to collect money from the Jews. The Holy Prophet ﷺ visited the tribe of Banu Nadir in their area for this purpose. Ibn Kathir writes that the enemy plans to harm the Muslims are many and long-drawn-out. One famous incident in Islamic history is that of Bi'r Ma` unah: Some of the hypocrites and the non-believers requested the Messenger of Allah ﷺ to send a band of the noble Companions ؓ to preach the religion of Islam. He dispatched about seventy Companions ؓ for the purpose. Later on it was discovered that this was a mere conspiracy. The plan was to surround them and kill them, in which they succeeded. Of the seventy Muslims, only ` Amr Ibn Umayyah Damuri managed to escape. He had seen and experienced the dishonesty and treachery of the non-believers, and how they mercilessly massacred sixty-nine of his brethren. In the circumstances, one can imagine how his emotions would have been against the enemies. Co-incidentally, when he was returning to Madinah he encountered two non-believers and killed them. Later on it was discovered that the two men killed were members of Bani ` Amir, a tribe which was an ally of the Holy Prophet ﷺ . Banu Nadir was also an ally of Bani ` Amir tribe.
The agreements of Muslim politicians were not like the political agreements of today in which every effort is made at the very beginning to find out ways to escape or violate it. In the case of the Holy Prophet ﷺ and the early sincere Muslims, whatever the tongue uttered or the pen wrote was treated as part of religion and Divine law and binding. When the Messenger of Allah ﷺ learnt about ` Amr Ibn 'Umayyah Damrui's error of judgment, he decided to pay the blood-wit, in terms of the sacred law of Shari’ ah, for the two men killed. In this matter, he first collected money from the Muslims and then he had to go to Banu Nadir for collection. [ Ibn Kathir ]
Tolerance and Human Rights in Islam: A Model for Present-day Politicians
There are many lessons in the incidents cited above for the heralds of human rights, and for the political leaders and the big powers who talk highly about them and are deemed as 'Champions of Human Rights'. Let us look at the case of Banu Nadir: They unceasingly were involved in conspiracies, endlessly behaved treacherously and continuously plotted to kill the Messenger of Allah ﷺ . Would the present-day political leaders or heads of governments tolerate all this? How would they treat them? Nowadays, the opponents are killed even by sprinkling petrol on them or in some other execution style. There is no need for political leadership or government for that purpose. A few wicked hooligans gather together and carry out the executions. The official wrath and anger manifest itself much more grievously.
But here we are describing the government of Allah and His Messenger ﷺ : Even when the enemy conspiracies and treacheries reached the peak, no massacre was contemplated. No thought of usurping their property and wealth was ever considered. In fact, the following humane punitive measures were taken:
[ 1] They were allowed to take all their wealth with them, and were ordered only to evacuate the town.
[ 2] To do this, they were given ten days, so that they might be able to take their things comfortably and transfer themselves to some other place. When they did not comply, it became necessary to take a sterner measure at national level.
[ 3] Some trees were though cut down and others were burned down, but even at that stage, no edict was issued to burn down their fortresses or attack them and kill them on a large scale.
[ 4] When they expressed that it was in their best interests to go into exile, they were given the choice that each man could take with him as much provisions as his camel could carry. As a result, they carried their hooks, latches, doors, planks, beams and rafters.
[ 5] No Muslim ever frowned upon any of the persons transferring his stuff. They took their things and moved out peacefully and safely.
The Holy Prophet ﷺ showed this kindness to them when they were completely subdued and he was in complete command of the situation. He had the power to fully avenge their treachery, dishonesty and conspiracy. But he did not do it. This behavior of the Holy Prophet ﷺ corresponds to his behavior with the pagans of Makkah when he entered the city after the triumph.
Let us now explain some expressions of these verses in the background of these events.
Ayahs 59:2–4(1) The original word used in the text is 'hashr' which means 'gathering' or 'mustering' and after which this Surah is named. In the present context, it may be interpreted in two different ways. One, that it refers to the gathering of the Muslims who ordered the Jews to leave Madinah due to their constant conspiracies and breaches of the treaty they had with the Muslims. According to this interpretation, the verse means that the Jews of Bani Nadir were made to leave the city at the first gathering of the Muslims without fighting and without any further attempt to attack them. The second interpretation is that it refers to the gathering of the Jews for the purpose of emigration. In this case the verse indicates that it was their first exile before which they did not face such a situation. It has another subtle indication to the fact that this was their first exile which will be followed by another one, i.e. the exile faced by the Jews in the days of Sayyidna ` Umar . (Muhammad Taqi Usmani)
لِأَوَّلِ الْحَشْرِ (...at the time of the first gathering...59:2). The word hashr means 'to rise'. One reason for referring to it as the 'first mustering' is given by Maulana Thanawi (رح) in his Tafsir. They were settled at one place since ancient times. This event of banishment took place for the first time in their life. The second reason could be that all the non-Muslims of the Arabian peninsula would have to be evacuated in future, so that the peninsula might become a strong fortress of Islam. As a result, a second banishment was to take place at some later time. This happened during the caliphate of ` Umar ؓ ، the Holy Prophet's Second Successor. He banished all the Jews who had settled in Khaibar. He ordered all the Jews to leave the Arabian peninsula. From this point of view, Banu Nadir's banishment is the 'first banishment' and the 'second banishment' took place in the time of Sayyidna ` Umar ؓ .
فَأَتَاهُمُ اللَّـهُ مِنْ حَيْثُ لَمْ يَحْتَسِبُوا (...But Allah came to them from where they did not expect... 59:2). The phrase 'Allah came' means 'the command of Allah and His obedient angels came'.
يُخْرِبُونَ بُيُوتَهُم بِأَيْدِيهِمْ وَأَيْدِي الْمُؤْمِنِينَ (...they were spoiling their homes with their own hands and with the hands of the believers....59:2) Banu Nadir had spoiled their houses by removing their doors and shutters. 'Spoiling their homes with the hands of the believers' means that when the Jews locked themselves up in their fortresses, the Muslims destroyed the trees and homes outside the fortresses to make them surrender.
Ayah 59:5مَا قَطَعْتُم مِّن لِّينَةٍ أَوْ تَرَكْتُمُوهَا قَائِمَةً عَلَىٰ أُصُولِهَا فَبِإِذْنِ اللَّـهِ وَلِيُخْزِيَ الْفَاسِقِينَ (Whatever palm-trees you have cut down, or have left them standing on their roots, it was with Allah's permission, and so that He might disgrace the transgressors....59:5). The word linah refers to a 'palm-tree'. Another opinion states that besides ` ajwah, all other palm trees are referred to as linah. Banu Nadir's orchards were comprised of palm trees. The reference in the verse is to the cutting, by the orders of the Holy Prophet ﷺ ، of the palm trees of Banu Nadir who had shut themselves in their fortresses in defiance of the Holy Prophet's ﷺ orders to surrender. So, some of the blessed Companions, in order to anger them or cast terror into their hearts, cut and burned down some of their date trees. Other Companions felt that the palm-trees should not be destroyed because soon, God willing, the Muslims will be victorious and the orchards will fall to their lot as booty. Thus they did not participate in the destruction of the trees. This was a difference of opinion. Later on when this disagreement was discussed, the Companions who participated in the destruction of the trees or orchards felt guilty. They asked the Messenger of Allah ﷺ whether they were really guilty of a sin, in that they destroyed the property that was going to fall to the lot of the Muslims. Verse [ 5] was revealed on that occasion to assuage the guilt-feeling of the Muslims that whatever they have done, whether they cut the trees or left them uncut, was by Allah's leave and it was done to degrade the ungodly Jews.
Commandment of the Holy Prophet ﷺ is in fact the Commandment of Allah: A Warning for those who Refute the authority of the Ahadith
In verse [ 5], the cutting down of the trees or leaving them uncut is called bi-idhni-llah [ with Allah's permission ] whereas neither of the actions was the explicit command of Allah. Apparently, whatever each group did was on the basis of independent reasoning [ Ijtihad ]. At most, it is possible that they might have sought the permission of the Holy Prophet ﷺ which is a Hadith. The 'Prophet's ﷺ permission' is referred to as 'Allah's permission' in the Qur'an. Thus the Qur'an makes plain that Allah has given His Messenger ﷺ the right to legislate laws. The forthcoming verse [ 7] of this Surah puts it that believers need to hold fast to what the Messenger ﷺ bids them and abstain from what he forbids them. This shows conclusively that the Sunnah is an independent source of the Islamic Law.
Disagreement in ijtihad is not a sin
Another important principle derived from this verse is that if those who are competent to undertake ijtihad disagree with another on a particular issue, so as one of them holds something as permissible, while the other takes it as impermissible, neither of them would be counted as sinners, nor will the principle of nahy ` anil-munkar (forbidding evil) be applied to this situation, because none of the two rulings is an 'evil' in the sight of Allah. Under the concluding phrase of verse [ 5] لِيُخْزِيَ الْفَاسِقِينَ (...and that he might disgrace the transgressors) it was explained that the act of cutting or burning down the trees cannot be construed as disorderliness. But it was done to degrade the unbelievers, and therefore it carries reward in the Hereafter.
Ruling
Is it legitimate to demolish or burn down the homes of the infidels, or cut or burn down their trees, or destroy their fields and farms? The leading authorities on Islamic Jurisprudence are not unanimous on this question. Imam A'zam Abu Hanifah (رح) rules that all of these actions are permitted. Shaikh Ibn Humam (رح) ، however, qualifies the ruling and restricts it. He rules that all of the above are permitted if and only if the enemies cannot be vanquished or overpowered without resorting to the above measures, or if the victory of Muslims is not probable or likely. The whole purpose of this ruling is to break the might and power of the enemy. In the case where Muslims do not win the struggle, destruction of their moveable and immovable properties may be included in weakening their might and main. [ Mazhari ]
Ayah 59:7Commentary
The Concept of Fai' and its Law of Distribution
وَمَا أَفَاءَ اللَّـهُ عَلَىٰ رَسُولِهِ مِنْهُمْ (And whatever fai' [ left over property ] Allah has passed on to His Messenger from them, ...59:6). The word afa'a is derived from fai'un which means 'to return'. Thus the time of the afternoon when the shade of things returns to the east is referred to as fai'. The real ownership of the entire universe belongs to Allah. The ownership of things can be ascribed to human beings when Allah Himself declares them, through His Law, to be under the ownership of a human being. However, when people rebel against Allah, indulging in disbelief and shirk, their lives and properties are confiscated through properly constituted Authority and their ownership return to the Real Owner, Allah. From this point of view, all properties acquired from the unbelievers should be called fai'. However, the sacred Law of Shari` ah draws a distinction between the terms ghanimah [ spoils ] and fai'. The former refers to a property which is acquired from non-Muslims through active armed struggle, as in [ 8:41] وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ (And know that whatever spoils you receive...). However, the word 'fai' refers to a property acquired without resorting to an actual fight, (like in a state of peaceful surrender.) These two terms have been used to set down rules of these two types in the Holy Qur'an. Surah Al-Anfal dealt with injunctions relating to ghanimah or spoils, which is acquired from non-Muslims in the wake of armed struggle. The present Surah takes up the subject of fai' and the law of its distribution. The term fai' includes any property or wealth which the non-Muslims might leave behind and run away, or make over to the Muslim Authority willingly or with consent like Khiraj, jizyah or commercial duty.
مَّا أَفَاءَ اللَّـهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ (Whatever fai' Allah has passed on to His Messenger ﷺ from the people of the towns... 59:7). The phrase ahl ul-qura or 'the people of the towns' refers to the Jewish tribes like Banu Nadir and Banu Quraizah whose wealth and property were obtained without armed struggle. The laws pertaining to the distribution of the two types of spoils are different. Unlike ghanimah [ spoils of war ], fai' is not distributed among the mujahidin (participants in fighting). The Holy Prophet ﷺ is granted full authority to give as much as he likes to whomsoever he likes or to retain for himself at his discretion. However, a few classes of beneficiaries have been clearly defined. The fai' must be distributed among the defined five classes.
The foregoing verses set down the rules pertaining to fai', its beneficiaries and its method of distribution. Some details are available at the beginning of Surah Al-Anfal in Volume 4 of Ma` ariful Qur'an, pages 148-151 and more details of the injunctions are available in the same volume on pages 221-229, under verse 41. It needs to be borne in mind that the wordings of Surah Al-Anfal regarding Khums [ 1/5th ] of ghanimah is almost identical to the wordings of fai' mentioned in the present verse. Let us compare: 8:41 reads: وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلَّـهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (And know that whatever spoils you receive, its one-fifth is for Allah and His Messenger and for kinsmen and orphans and the needy and the wayfarer... 8:41). Verse [ 7] of the present Surah reads as above which means: "Whatever fai' Allah has passed on to His Messenger from the people of the towns is for Allah and for His Messenger ﷺ ، and for kinsmen and orphans and the needy and the wayfarer....59:7). In both these verses, six classes of beneficiaries are mentioned: Allah, the Messenger, kinsmen, orphans, the needy and the wayfarer. It is all too clear that Allah is the Real Owner and Master of this world, the next world and the entire creation. The name of Allah in relation to the shares has been mentioned by way of blessing or benediction, because the wealth or property thus associated with Allah's name attains honour and distinction. It also points to the permissibility and purity of the wealth. This is the view of Sayyidna Hasan Al-Basri, Qatadah, ` Ata', Ibrahim, Sha'bi رحمۃ اللہ علیہم and the commentators in general. [ Mazhari ]
In the commentary of Surah Al-Anfal, it was fully and exhaustively explained how wealth attains honour and distinction by the mention of Allah's name which, in brief, amounts to the following: The prophets are not allowed to avail of Sadaqat or charities, even though they are derived from the pure wealth of the Muslims. The question might arise how the ghanimah and fai' are made lawful for the Holy Prophet ﷺ ، while they are derived from the infidels? By mentioning Allah's name at the beginning of the verse, this doubt has been removed. The point is that Allah is the real owner of the entire universe. Human beings come to own certain things when Allah by His own grace declares for them to pass into human ownership. However, when a certain segment of human beings rebels against Allah, Jihad is waged against them by Allah's command, which means that, during the war, their lives and properties are no longer sacred. In this way, all their wealth is confiscated in the name of the Authority in command. The confiscated properties are named ghanimah, spoils or war booty - which goes out of the ownership of disbelievers and gets itself deposited separately as being under the ownership of Allah alone. And as stated earlier, the word fai' contains the meaning of 'return' and the wealth is so called because its ownership is restored to the original owner, Allah. No human being has any entitlement to it. The beneficiaries who will receive a share of it will receive it direct from Allah, and therefore it will be lawful and pure like water and self-growing grass which are direct Divine gift, lawful and pure.
In short, the mention of Allah's name in this context points to the fact that the entire wealth belongs to Allah, and it is granted to the beneficiaries on His behalf. It is no sadaqah or khairat [ charity ].
This leaves us with five classes of beneficiaries: [ 1] The Messenger ﷺ ; [ 2] kinsmen; [ 3] orphans; [ 4] the needy; and [ 5] the wayfarer. The same five classes of beneficiaries of khums [ 1/5th ] were determined in [ 8:41] and now the same classes of beneficiaries are determined for fai' property. The rules relating to both ghanimah and fai' properties are identical: They are in full authority of the Messenger of Allah ﷺ ، and after him in the authority of the Caliphs. The Authority may retain them for the benefit of Muslims in general, or they may deposit them in bait-ul-mal [ public treasury ] and do not grant anything to anyone, or they may distribute them. If it is decided to be distributed, it must be done within the five classes defined. [ Qurtubi ]
Companions shows that fai' property was in the Authority of the Holy Prophet ﷺ during his time, and was left to his discretion. He may disburse it as he deemed fit. After him, his Caliphs controlled it and disbursed it according to their best judgment.
After the demise of the Messenger of Allah ﷺ ، his share of the booty fell into disuse. The word 'Kinsmen' in the verse means the kinsmen of the Holy Prophet ﷺ . There were two reasons why they were granted a share from this booty: Firstly, because they helped the Holy Messenger ﷺ and supported him in his Islamic activities. Therefore, even the rich kinsmen of the Holy Prophet ﷺ used to be granted a share from the booty. [ 2] Sadaqah [ charity ] was unlawful for the Holy Prophet's ﷺ kinsmen. Therefore, the poor and needy relatives of the Holy Prophet ﷺ used to be granted a share from the fai' rather than from the Sadaqah [ charity ]. After the demise of the Holy Prophet ﷺ ، helping and supporting him came to an end. The first reason no longer existed. Therefore, the share from the fai' of the rich relatives fell into disuse like that of the Holy Prophet ﷺ . However, the poor and the needy relatives continued to receive their share from the fai' on account of poverty and need. Priority was given to the poor and needy relatives of Allah's Messenger ﷺ over other poor and needy people. [ Hidayah ]. See Ma’ ariful Qur’ an, Vol. 4/pp 228-229.
كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ (...so that it may not circulate only between the rich among you 59:7). The word dulatah refers to the 'wealth or good fortune that exchange hands'. [ Qurtubi ] The verse means that Allah has determined the heads of expenditure for the fai' in this way so that the wealth does not circulate among the wealthy, who would spend it as they wish and desire and give none of it to the poor. The verse is aimed at abolishing an old practice of the Days of Ignorance where the circulation of such wealth used to remain confined to the privileged and propertied class or caste. The poorer segment of the society had no entitlement to the wealth of the nation.
Effective Measures taken by Islam against concentration of wealth
Allah is the creator, cherisher and sustainer of the universe. He knows the human needs. All human beings, whether believers or non-believers, whether lineally rich or poor, are equal in the sight of Allah. Allah has to a very large extent kept the distribution of man's natural and basic needs in His own Hands, so that every class, every region, every weak and strong people might be able to benefit equally. Allah has, through His consummate wisdom, kept all such needs beyond man's personal domination. No human being dare take possession of these things personally. Air, wind, atmosphere, the Sun, the Moon, the light of the stars and planets, the rain-laden clouds - all these things are such without which no human can survive for a moment. Allah, the Almighty, has declared all natural resources a public endowment for all. Not even the greatest of sovereign authorities, by virtue of their ruling powers, can ever monopolize or take possession of them. Allah's creation avails of them equally everywhere.
The second category of necessities of life is what the earth produces, as for instance water and other food-stuff. This is not commonly available. However, Islamic law has declared hills and mountains, unpopulated jungles and natural springs as public endowments. However, legitimate right of ownership of some parts of the earth are allowed under special laws to specific human beings. Some people illegitimately grab the land, but naturally even the greatest capitalist cannot derive benefit from the land without the help of the poor, the farmers or the laborers. Thus despite a sort of ownership of it, he is forced to give shares to other powerless and the indigent.
The third category is gold, silver and money, which do not fall under the basic and natural necessities of life. But Allah has made them the means of acquiring all essentials of life. People who mine gold and silver from the ground become their owners subject to certain rules. The right of their ownership is transferred in various ways to other people. If they are widely distributed and are in easy circulation in human society, no individual will go without food and clothing. But what happens in our days is that the greedy people want to benefit from the wealth to the exclusion of others. This led to miserliness and greed which, in turn, led to some old and some new systems of monopolization and concentration of wealth. As a result, people's wealth concentrated in the hands of a few capitalists and people at the helm of affairs. The rest of the population who were poor and indigent had to suffer, because they were deprived of their share in the nation's wealth. This economic situation, as a reaction, gave birth to such unreasonable economic systems as communism and socialism.
Islamic economic system, on the one hand, shows the highest respect to individual property rights, in that an individual's lawful property is as sacred and inviolable as human life itself, and human life is as sacred and inviolable as the House of Allah. Its violation has been most strongly prohibited. On the other hand, if a hand filches or steals it, it is, under penal law, amputated. In the third place, all such doors have been shut, through which a particular individual or group of individuals might monopolize it and deprive the general public.
The unjust and unbalanced way of acquisition of wealth, such as by usury, speculation, gambling and betting, allows wealth to concentrate and circulate in the hands of a few individuals. Islam has declared all such gains as unlawful and cut at the root of all such transactions in trade and tenancy that are based on unlawful practices. Wealth that is gained through lawful means has specific ways of spending: The needy and the indigent are shareholders in the wealth in the form of Zakah, ` Ushr, Sadaqat-ul-Fitr [ Id charity ], various forms of expiation and so on. The surplus wealth may be given away in voluntary charity. If a man leaves behind assets at the time of his death, Divine wisdom has set down specific rules according to which it must be distributed. The shareholders in the assets are the relatives of the deceased, the principle in this case being al-'aqrab- fal-'aqrab, that is 'relatives in order of relationship'. In other words, Islamic law of succession is based on blood relationship; the nearer in degree to the deceased excludes the more remote. The needy in general have not been made the shareholders, because if that were the case, the dying person would have felt the need to spend his assets anyhow, rightly or wrongly, before his death. When he sees only his near and dear ones receiving, this urge does not develop in his heart.
This means of acquiring wealth blocks the way to monopolization. The second means of acquiring wealth is war and jihad. The gains made in this way are distributed according to the Islamic rules. Some of them have been set down in Surah Al-Anfal and others in this Surah. How unwise and short-sighted are those people who give up Islam's balanced system of economics based on justice, fair-play and compassion, and innovate new systems of wealth distribution, which are unjust and unbalanced, and disturb world peace?
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا وَاتَّقُوا اللَّـهَ (...Whatever the Messenger gives you, take it; and whatever thing he forbids you, abstain [ from it ]. And fear Allah....59:7). This verse is in connection with fai' property, and it purports to say that Allah has set down the beneficiaries of this property. However, the question which beneficiary will receive how much have been left to the discretion of the Holy Prophet ﷺ . Therefore, the Muslims are advised to happily accept the amount the Holy Prophet ﷺ grants them, and they should not be anxious to receive what he has not given to them. This has been further emphasized by the injunction all (Fear Allah). If anyone collects under false pretext more than what he is granted, Allah is fully aware and will punish him.
The Messenger's Command is Binding like the Qur’ anic Command
Although the verse was revealed in connection with fai', its words are general. They are not specific to wealth. They cover all the commands as well. Hence, the generalized meaning of the verse is that whatever the Holy Prophet ﷺ gives to a person, be it wealth, any other grant or any command, the people must show their willingness to accept it. And whatever he forbids them, they should stay away from it.
Many of the Companions took the generalized sense of the verse, and on the basis of it, they took the Holy Prophet's ﷺ commandment as binding as the Qur'anic commandment. Qurtubi said that in this verse the antonym of ata [ gives ] is naha [ forbids ]. This shows that the verb ata [ gives ] is used in the sense of amara [ commands ] which is the direct antonym of naha [ forbids ]. The Qur'an, instead of using the direct opposite of naha [ forbids ] which is amara [ commands ], employed the verb ` ata [ gives ] presumably to embrace the context of the subject-matter where the verse occurs, that is, the disbursement of fai' property.
Sayyidna ` Abdullah Ibn Masud ؓ once saw a person in the state of ihram wearing sewn clothes (which is impermissible in that state). He asked him to take off the clothes. The person asked him to recite a Qur'anic verse in support of his claim that a pilgrim is prohibited to put on a sewn garb. Sayyidna ` Abdullan Ibn Masud ؓ recited this very verse آتَاكُمُ الرَّسُولُ فَخُذُوهُ (Whatever the Messenger gives you, take it....".
Imam Shafi` i (رح) once said to his congregation: (Ask whatever question you wish, and I will answer from the Qur'an.) A person said that a pilgrim killed a wasp in the state of ihram and asked: "What is the rule about it?" Imam Shafi` i (رح) recited this verse of the Qur'an مَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ. (Whatever the Messenger gives you, take it...." and coupled it with a Tradition which gives the injunction relating to the killing of a wasp. [ Qurtubi ].
لِلْفُقَرَاءِ الْمُهَاجِرِينَ ([ And fai' is especially ] for the poor emigrants...[ 59:8] ". The few verses from here till the end of the section describe the poor emigrants (muhajirin), helpers (Ansar) and the general members of Ummah that were yet to come in this world. Grammatically, the prepositional phrase 'for the emigrants' is a complement to the prepositional phrase 'for the kinsmen' occurring in verse [ 7] [ Mazhari ]. What this verse purports to say is that although the beneficiaries of fai' are orphans, the needy and the wayfarers as mentioned in the preceding verse, priority and precedence will be given to those whose service to religion, personal qualities and religious perfection are well- known.
Priority should be given to the Indigent Righteous and Religious Scholars serving the Cause of Islam when distributing Charity
This shows that although charities, especially fai' are meant to fulfill the needs of the indigent Muslims in general, the righteous, especially students and learned scholars serving the cause of religion should be given priority over all others. This is the reason why Islamic governments gave allowance from the fai' fund to learned scholars, muftis and judges for serving the cause of education, propagation of Islam and reform of human beings, because these verses establish two categories of the noble Companions. Under the first category fall the emigrants who in the very first instance made great sacrifices for Islam and the Messenger of Allah ﷺ . They endured great hardships, and eventually bid farewell to their wealth and property, to their land and country, and to their relatives and the near and dear ones, and emigrated to Madinah. Under the second category fall the Ansar, the natives of Madinah who helped the emigrants and cooperated with them. They invited the Messenger of Allah and with him the emigrants and thus caused the whole world around them to stand in their opposition. Their hospitality is unparalleled in the annals of the nations of the world. After these two major categories, comes a third category which comprises those people who embraced Islam after the blessed Companions and followed their footsteps closely. The last category embraces all Muslims who will follow until the Last Hour. The three categories are discussed below, in succession.