Tafsir of Al-Hujurat 49:12

(O you who have believed, avoid much assumption): That is, distance yourselves from it. The root of i-j-ta-na-ba (to avoid) implies being on the side (edge) of a thing, then it became commonly used for the distance resulting from that. The indefinite form "much" (kathiran) is used to encourage caution regarding every type of assumption, requiring one to reflect until it is known to which category it belongs.

For there is assumption that is permitted to follow, such as assumption regarding worldly affairs. There is that which is mandatory, such as assumption where there is no definitive proof in practical matters, like obligations established without decisive evidence, and having a good opinion of Allah (Mighty and Majestic). There is that which is forbidden, such as assumption regarding divinity, prophethood, or matters where definitive proof opposes it, and harboring evil thoughts about believers. In the Hadith: "Allah has prohibited the blood, property, and honor of a Muslim, and that one should harbor evil thoughts about him." From Aisha, attributed to the Prophet (PBUH): "Whoever harbors evil thoughts about his brother has harbored evil thoughts about his Lord, for Allah the Exalted says: 'Avoid much assumption.'"

The prohibition of this specifically applies when the one being suspected is someone observed to be concealing their sins, righteous, and whose trustworthiness is known. As for the one who engages in suspicious behavior and openly commits vile acts—such as entering and exiting taverns, associating with immoral companions, and indulging in looking at beautiful youths—it is not forbidden to harbor evil thoughts about him, even if the observer has not seen him drinking, committing adultery, or playing with youths.

Al-Bayhaqi recorded in Shu'ab al-Iman from Sa'id ibn al-Musayyib: "Some of my brothers among the companions of the Messenger of Allah (PBUH) wrote to me: 'Interpret the actions of your brother in the best possible way so long as nothing comes to you that overcomes you [with certainty]. Do not think ill of a word uttered by a Muslim man when you can find a good interpretation for it. Whoever exposes himself to suspicion should blame no one but himself. Whoever keeps his secret holds the key to his own welfare. You cannot compensate one who disobeys Allah regarding you better than by obeying Allah regarding him. Cling to brothers of truth, for they are an adornment in prosperity and a provision during great trials. Do not treat a secret lightly, lest Allah treat you lightly. Do not ask about what has not happened. Do not place your conversation except with one who desires it. Cling to truthfulness, even if it kills you. Keep away from your enemy, and beware of your friend except the trustworthy one—except the one who fears Allah. Consult in your affairs those who fear their Lord in the unseen.'"

Al-Hasan said: "We were in a time when suspecting people was forbidden; today you are in a time where you should work, be silent, and suspect people as you wish." Know that if evil thought is voluntary, the matter is clear. If it is involuntary, what is prohibited is acting upon it—by despising the one suspected, belittling him, or mentioning him based on that suspicion. Similar things have been said regarding envy if it is involuntary. Acting upon it does not harm the person if it relates to the observer himself, such as if he suspects someone of intending him harm and takes precautions to protect himself in a way that does not cause harm or loss to the other person. This is the interpretation of the report: "It is a sign of caution to harbor evil thoughts," and the report of Al-Tabarani: "Guard yourselves against people by harboring evil thoughts." Others said: What is forbidden is to dwell upon it and fail to dispel it through interpretation or other means; otherwise, the involuntary thought itself is not the subject of religious accountability. In the Hadith, the Messenger of Allah (PBUH) said: "Three things are inevitable for my Ummah: bad omens, envy, and evil thoughts." A man asked, "What removes them, O Messenger of Allah, for those who have them?" He replied: "If you envy, seek forgiveness from Allah. If you suspect, do not act upon it. If you see a bad omen, move on." (Recorded by Al-Tabarani from Harithah ibn al-Nu'man).

(Indeed, some assumption is a sin): This is a justification for the command to avoid it, or for its necessity, by way of confirming explanation. Ithm (sin) is the fault for which one deserves punishment; from it, the word al-atham is used for punishment. Al-Zamakhshari said: "The hamza in ithm is a substitute for waw (as if it were wathm), as if it breaks actions by striking them, even if it does not absolutely nullify them." This is countered by the fact that the hamza is consistently used in its derivations...

(And do not spy): Do not search for the private matters and faults of the Muslims, and do not uncover what they have hidden. It is a verbal noun derived from jas (to touch/probe), considering the meaning of seeking, like lams (touching); for he who seeks a thing probes and touches it. The tafa''ul form is used for emphasis. Al-Hasan, Abu Raja’, and Ibn Sirin read it as la tahassasu (with a ha), from hiss (sense/feeling), which is the trace of probing and its goal. Some say tajassus and tahassus are synonymous, meaning to seek news. Others say tajassus (with jim) is pursuing the apparent, while tahassus (with ha) is pursuing the hidden. Others say the first is probing through others, the second is probing by oneself. The majority maintain that both readings prohibit pursuing faults in an absolute sense, and they count it among the major sins.

Abu Dawud, Ibn al-Mundhir, and Ibn Marduyah recorded from Abu Barzah al-Aslami that the Messenger of Allah (PBUH) addressed us: "O you who believed with your tongues but whose hearts faith has not entered, do not pursue the faults of the Muslims, for whoever pursues the faults of the Muslims, Allah will expose him in the privacy of his home." (In a report by Al-Bayhaqi from Al-Bara' ibn 'Azib, the Prophet (PBUH) called out this warning until the women behind the veils could hear).

Sometimes, excessive zeal for enjoining the good leads to spying, and one forgets the prohibition, so the perpetrator is excused—as happened to Umar ibn al-Khattab (may Allah be pleased with him). Al-Khara'iti recorded in Makarim al-Akhlaq that Umar was patrolling in Medina when he heard a man singing in a house. He climbed over the wall and found a woman and wine with him. He said, "O enemy of Allah, did you think Allah would hide you while you are in disobedience?" The man replied, "O Commander of the Faithful, do not be hasty. If I have disobeyed Allah once, you have disobeyed Him in three: Allah says 'Do not spy,' and you have spied; He says 'Enter houses through their doors,' and you have climbed the wall; and He says 'Do not enter houses other than your own until you seek permission and greet their inhabitants,' and you entered mine without permission." Umar (may Allah be pleased with him) said, "Is there any good in you if I pardon you?" He said, "Yes." So he pardoned him and left.

It has been mentioned that disciplining wine drinkers and their ilk, if it depends on climbing over their walls, is permissible, citing the act of Umar (may Allah be pleased with him) mentioned above. But there is a view against this, and some reports contradict it. (Al-Awza'i stated that "spying" also includes listening to the speech of people when they dislike it, which is also forbidden).

(And do not backbite one another): That is, let none of you mention his brother with what he dislikes in his absence. The Prophet (PBUH) said: "Do you know what backbiting is?" They said, "Allah and His Messenger know best." He said, "Your mentioning your brother with what he dislikes." It was said: "What if what I say is true about my brother?" He said, "If what you say is in him, you have backbitten him; and if it is not in him, you have slandered him." (Recorded by Muslim, Abu Dawud, and others).

The "mentioning" includes explicit speech or indirect allusion—including signs, gestures, or any way of conveying the meaning. The reason for the prohibition is the harm caused by informing others of the defect of the backbitten person. This exists regardless of the method, such as walking in a certain way to mimic him—which is among the most severe forms of backbiting, as Al-Ghazali stated. "What he dislikes" is general, whether it relates to his religion, world, character, creation, wealth, children, spouse, servant, clothing, or anything else belonging to him. Al-Qaffal limited it to traits not blamed in Sharia; so mentioning a person with something blameworthy by Sharia is not backbiting in his view. He argued with: "Mention the immoral one by what he has so that people may be warned." But this Hadith is weak; Ahmad called it munkar (rejected), and Al-Bayhaqi said it is "nothing." If it were authentic, it would be interpreted as applying to an open sinner.

(Would one of you like to eat the flesh of his brother when dead?): This is a parable of the act of the backbiter in terms of its commission, its relation to the victim, and its ugliness—physically, rationally, and legally—with various rhetorical exaggerations. [It uses] the interrogative of confirmation, as it is a statement that every listener agrees is repulsive. Attributing the act to "one of you" is to imply that no one among humanity would do such a thing. [It uses] the juxtaposition of "like" with something extremely detestable. The backbiting is likened to eating human flesh, making the eaten person a "brother" to all, and "dead," because the backbiter is unaware of his backbiting. Linking it to "liking" highlights what souls are naturally prone to—inclining towards [the act of backbiting] despite knowing its ugliness.

Abu Zayd al-Suhayli said: "The parable of taking [someone's] honor is likened to eating flesh because flesh is a covering for the bone, and the one who insults his brother is like one who peels and reveals what is beneath it." The fa in (fa-karihtumuhu) is fasiha (eloquent) in response to a conditional [omitted] clause, meaning: "If this were to be true or presented to you, you would certainly loathe it, and you cannot deny your loathing of it."

(And fear Allah): It is said this is a conjunction to an implied command, as if it were said: "Fulfill what you have been commanded, and fear Allah."

(Indeed, Allah is Accepting of Repentance, Merciful): This is a justification for the command, meaning He is accepting of repentance for those who fear Him, avoid what He forbade, and repent from what they have transgressed. "Tawwab" (Accepting of repentance) means one who is excessive in accepting repentance, either qualitatively—making the repentant person like one who has never sinned—or quantitatively—due to the abundance of those repenting or the abundance of their sins.

[Regarding the cause of revelation]: Ibn Abi Hatim recorded from Al-Saddi that Salman the Persian was traveling with two men, serving them and eating from their food. One day he slept, and his companions sought him but could not find him. They pitched a tent and said, "Salman wants nothing but to come to prepared food and a pitched tent." When Salman arrived, they sent him to the Messenger of Allah (PBUH) to ask for meat for them. He went and said, "O Messenger of Allah, my companions sent me to ask you for meat if you have any." He replied, "What do your companions need with meat? They have already eaten meat." Salman returned and told them. They went to the Prophet (PBUH) and said, "By the One who sent you with the truth, we have not tasted food since we arrived." He said, "You two have already eaten the meat of your brother." Then this was revealed.

The verse indicates the prohibition of backbiting. Al-Qurtubi and others reported a consensus that it is a major sin. Al-Ghazali and the author of Al-'Uddah stated that it is a minor sin, which is strange given the evidence that it is a major sin. The furthest argument for it being a minor sin is that if it were not, it would imply that all people are corrupt except for a rare few, which is a great hardship. This is refuted by the fact that the spread of a sin—even if committed by most people—does not make it a minor one.

...The truth is that it is among the major sins. Yes, it is not unlikely that some of it falls under minor sins, such as backbiting that does not cause much harm, like criticizing one's clothing or beast. Other forms, such as backbiting against saints or scholars with terms of immorality and wickedness—which cause severe harm—there is no doubt are among the greatest of major sins. The obligation for the backbiter is to hasten to repentance by its conditions: stop, regret, and fear Allah, to be absolved of His right. Then, he must seek the pardon of the one he backbit ed, to be absolved of that injustice.

...If backbiting is necessary for a valid Sharia purpose, it is restricted to six reasons:

1. Seeking redress: The oppressed may complain to one with the power to remove or alleviate the injustice.
2. Seeking assistance in changing an evil: Mentioning it to one who is expected to have the power to remove it.
3. Seeking a legal opinion (fatwa): It is permissible for the questioner to say to the Mufti, "So-and-so oppressed me with such and such; is it permissible for him...?" though it is better to be vague.
4. Warning Muslims against evil: Such as criticizing witnesses, narrators, or those who presume to issue fatwas or teach without qualification—this is permissible by consensus, and even mandatory.
5. If one openly commits immorality: Such as tax collectors and open drinkers; it is permissible to mention them by what they openly commit, but not by other things.
6. For identification: Such as by a title like "the one-eyed" or "the dim-sighted," if intended for identification and not belittlement, provided identification is not possible otherwise.