Al-Isra (The Night Journey): Verse 34

Commentary on Verse 34

Know that this is the third category of things that Allah has forbidden in these verses.

We have previously mentioned that fornication (Zina) necessitates the confusion of lineages. This, in turn, leads to neglecting the care of offspring, which results in the cessation of procreation, and ultimately prevents people from coming into existence. As for killing, it is the annihilation of people after they have come into existence. Thus, it is established that the prohibition against fornication and the prohibition against killing both ultimately return to prohibiting the destruction of souls.

When Allah the Exalted mentioned that, He followed it up with a prohibition against destroying wealth, because the most cherished things after souls are wealth. The people most deserving of the prohibition against destroying their wealth are the orphans, because due to their youth, weakness, and complete inability, the harm caused by destroying their wealth is immense. For this reason, Allah the Exalted singled them out by forbidding the destruction of their wealth, saying: {And do not approach the wealth of the orphan except in the best manner}.

This is analogous to His saying: {And do not consume it wastefully and hastily before they grow up. And whoever is self-sufficient, let him abstain [from taking the orphan's wealth], and whoever is poor, let him take [from it] in an acceptable manner} (An-Nisa: 6).

Regarding the interpretation of {except in the best manner}, there are two views:

1. It means through transactions that increase and multiply it.
2. It means that you may eat from it along with him if you are in need. Mujahid narrated from Ibn Abbas that if the guardian is in need, he may eat according to what is fair, and if he becomes wealthy later, he must repay it. If he cannot repay it, there is nothing upon him.

Know that the guardianship over the orphan remains only until he reaches the age of maturity, which is the age of marriage, as Allah the Exalted clarified in another verse: {And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment, then hand over to them their property} (An-Nisa: 6).

"Maturity" (al-ashudd) here means reaching a point where, due to his intellect and sound judgment, he is capable of managing his own financial affairs. At that point, the guardianship of others over him ceases. This is the limit of maturity. However, if he reaches this age but is not fully sound of mind, the guardianship does not cease from him. And Allah knows best. The maturity of the intellect is when his intellect and his sensory and motor faculties are complete. And Allah knows best.

Know that the Exalted One commanded five things first, then followed them with a prohibition against three things: the prohibition against fornication, against killing except by right, and against approaching the wealth of the orphan except in the best manner. He then followed these three prohibitions with these three commands. The first of these commands is: {And fulfill the covenant}.

Know that every contract established for the purpose of securing and confirming a matter is a covenant. Therefore, His saying {And fulfill the covenant} is similar to His saying: {O you who have believed, fulfill [all] contracts} (Al-Ma'idah: 1).

Thus, {fulfill all contracts} includes every type of contract, such as the contract of sale, partnership, the contract of an oath (Yamin), vows (Nidhr), the contract of reconciliation (Sulh), and the contract of marriage (Nikah).

The essence of the ruling here is that the implication of this verse is that every contract and covenant made between two people requires them to fulfill what that contract and covenant necessitate, unless a separate textual proof indicates that fulfillment is not required.

This implies ruling the validity of every sale agreed upon by mutual consent, and the validity of every partnership agreed upon by mutual consent. This text is reinforced by other verses indicating the fulfillment of covenants and contracts, such as: {And those who keep their trusts and their covenants} (Al-Baqarah: 177), and {And those who are to their trusts and their covenants attentive} (Al-Mu'minun: 8), and {And Allah has permitted trade} (Al-Baqarah: 275), and {And do not consume your wealth among yourselves unjustly but only [that which is] trade by mutual consent from among you} (An-Nisa: 29), and {And bring to witness when you make a transaction} (Al-Baqarah: 282).

Also, the Prophet (peace be upon him) said: "The wealth of a Muslim is not lawful [to be taken] except by his willing consent," and, "If the two types [of goods] differ, then sell as you wish, hand to hand," and, "Whoever buys something he has not seen has the option [to cancel] when he sees it." All these verses and narrations indicate that the fundamental principle regarding sales, covenants, and contracts is validity and the obligation to adhere to them.

If this is established, we say: If we find a specific text that is more particular than these general texts indicating nullity or corruption, we rule by it, prioritizing the specific over the general. Otherwise, we rule by validity in all cases. As for restricting the text by analogy (Qiyas), we have invalidated that.

By this method, the extensive chapters of transactions become regulated and known through this single verse. The accountable person will have peace of mind and tranquility in his actions, because since these texts indicate their validity, there is no statement clearer than the statement of Allah. Consequently, the Sharia becomes regulated and known.

Then the Exalted said: {Indeed, the covenant was} (or: {Indeed, the responsibility was}). There are several interpretations for this:

1. It means the one responsible for the covenant was accountable, and the possessive noun (the one responsible) was omitted, and the possessed noun (the covenant) took its place, similar to His saying: {Guardians, and ask the town} (Yusuf: 82) [where the implied meaning is "ask the people of the town"].
2. It means the covenant itself was required (sought after), meaning the one who made the covenant is sought to not neglect it and to fulfill it.
3. It could be a form of rhetorical admonition, as if it is said to the covenant-breaker: "Why did you break the covenant? Why did you not fulfill it?" as a rebuke to the breaker, similar to what is said to the buried infant: {For what sin she was killed?} (At-Takwir: 9), and like His saying: {And [mention] when Allah said, "O Jesus, son of Mary, did you say to the people, 'Take me and my mother as two gods besides Allah'?"} (Al-Ma'idah: 116), where the address is to Jesus (peace be upon him) and the condemnation is directed at others.