Al-Baqarah (2:197): The Hajj is in well-known months...

Issues Arising:

There are several interpretations regarding the phrase, as the Hajj itself is not the months:

1. Implied Possessive: The intended meaning is "The months of Hajj are well-known months" (أشهر الحج أشهر معلومات). The possessive noun (مضاف) is omitted, similar to saying "Winter is two months" (البرد شهران), meaning "The time of winter is two months."
2. Implied Verb/Noun: The intended meaning is "Hajj is the Hajj of well-known months" (الحج حج أشهر معلومات), meaning that Hajj is only valid during these months, unlike the pre-Islamic practice where they permitted it in other months. The noun added to the months (مضاف إليه) is omitted.
3. Equating the Act with the Time: The phrase is correct without omission by equating the Hajj (the act) with the months it occurs in, similar to saying "a standing night" (ليل قائم) or "a fasting day" (نهار صائم).

The exegetes agree that Shawwal and Dhu al-Qa'dah are among the months of Hajj. They differ regarding Dhu al-Hijjah:

• 'Urwah ibn al-Zubayr (and Mālik): The entirety of Dhu al-Hijjah is part of the months of Hajj.
  • Argument for Mālik: God mentioned the months using the plural form (أشهر), and the minimum for a plural is three. Also, some rites connected to Hajj (like stoning the Jamarāt) occur during the days of sacrifice (Yawm al-Nahr). Furthermore, a menstruating woman might delay the necessary Tawāf (circumambulation) until after the first ten days of Dhu al-Hijjah (Mālik permits delaying Tawāf al-Ziyārah until the end of the month).
  • Rebuttal: The plural form can refer to anything more than one (as in Qur'an 66:4, "your hearts have swerved"). Also, a part of the month can stand for the whole, like saying "I saw you in that year" when you only saw him for an hour. Regarding the menstruating woman, stoning the Jamarāt is done after the Tawāf and Naḥr (sacrifice) are completed, so it's like a later fulfillment (Qaḍā’).
• Abū Ḥanīfah (and Ibn 'Abbās, Ibn 'Umar, al-Nakha'ī, al-Sha'bī, Mujāhid, al-Ḥasan): Only the first ten days of Dhu al-Hijjah are part of the months of Hajj.
  • Argument: They hold that the Great Day of Hajj (Yawm al-Ḥajj al-Akbar) is the Day of Sacrifice (Yawm al-Naḥr), which is a pillar of Hajj (Ṭawāf al-Ziyārah).
• Al-Shāfi'ī: The first nine days of Dhu al-Hijjah, up to the dawn of the Day of Sacrifice, are part of the months of Hajj.
  • Argument: Hajj is missed (fā'it) if the dawn of the Day of Sacrifice breaks without performing the necessary rites. A worship act cannot be missed while its time remains.

1. Contradiction with Qur'an 2:189: The preceding verse states, "They ask you about the new moons. Say, 'They are markers of time for the people and for the Hajj.'" This suggests all lunar months are markers for Hajj.
   • Response: The verse about the moons is general ('Āmm), while "The Hajj is in well-known months" is specific (Khāṣṣ). The specific takes precedence over the general.
2. Practice of the Companions: It is widely reported that great Companions said that completing Hajj requires assuming the Iḥrām from one's own dwelling, implying that Iḥrām is not restricted to the specified months.
   • Response: This tradition does not contradict the explicit text of the verse.

1. Known by Prior Custom: The Hajj occurs only once a year during these specific months, unlike 'Umrah. This implies the Lawgiver confirmed what they already knew about these months, rather than introducing something new.
2. Known by the Prophet's Explanation: They are known through the clarification provided by the Prophet (peace be upon him).
3. Fixed Times: They are fixed to specific times, and it is impermissible to advance or delay them, unlike the practice of Nasī' (intercalation) mentioned in Qur'an 9:37.

• Al-Shāfi'ī, Aḥmad, Isḥāq: It is impermissible to assume Iḥrām for Hajj before the specified months.
  • Argument: The word ashhur (months) is a plural of Qillat (fewness) used indefinitely, thus referring to the minimum number, which is three. Since these three months (Shawwal, Dhu al-Qa'dah, and part of Dhu al-Hijjah) are established, assuming Iḥrām before the time is invalid, by analogy with Prayer (it's invalid to start Prayer before its time). Also, the Khuṭbah (sermon) for Friday Prayer cannot be held before time, as it replaces two Rak'ahs of Ẓuhr. Since Iḥrām is the beginning of worship, it should require the proper time. Furthermore, if the Iḥrām remains valid even if the time for Hajj passes before performance, it should certainly be valid if initiated before the time begins (as preservation is easier than initiation).
• Mālik, al-Thawrī, Abū Ḥanīfah: Iḥrām is permissible throughout the entire year.
  • Argument for Abū Ḥanīfah:
    1. Qur'an 2:189 made all lunar months markers for Hajj. Since they are not markers for the performance of Hajj, they must be markers for the validity of the Iḥrām. The Iḥrām can be metaphorically called Hajj, as the time was called Hajj in the verse.
    2. Iḥrām is a commitment (iltizām) to Hajj, and commitments (like vows/vows, Nadhr) can precede the time of performance.
  • Rebuttal to Abū Ḥanīfah:
    1. The verse "The Hajj is in well-known months" is more specific than the verse about the moons.
    2. The difference between a vow (Nadhr) and Iḥrām is that the time is essential for the performance (Adā’), and the vow requires connection to the performance. Iḥrām, while a commitment, is also the initiation of the performance, thus requiring the proper time.

On the Verse: "So whoever has ordained [the duty of] Hajj for himself therein..." (فمن فرض فيهن الحج)

1. Linguistically: It means "to obligate" or "to make necessary" (أوجب). The root implies cutting or marking (e.g., the notch on an arrow or a bow). Prayer is called Farḍ because it is binding upon the servant like a notch is binding on the wood.
2. To Clarify/Make Manifest: It can also mean "to make clear/manifest," as in Qur'an 24:1, "A Sūrah which We have sent down and made obligatory/clear" (فرّضناها). Both meanings relate to the root concept of cutting off/separating; when God obligates something, He separates it from the non-obligatory.

There is an implied element: "So whoever obligates Hajj upon himself therein [by an act]..." The Farḍ here refers to the act that makes the person in the state of Iḥrām (the state of prohibition). Once in Iḥrām, prohibitions like hunting, wearing clothes, using perfume, and marital relations apply. The person is called Muḥrim because they have prohibited these things upon themselves. The sanctuary (Ḥaram) is named so because things become prohibited there that were otherwise permissible.

The disagreement among jurists is: What is the specific act that constitutes this Farḍ (initiation of Iḥrām)?

• Al-Shāfi'ī: Iḥrām is established merely by the intention (Niyyah), without needing the Talbiyah (recitation).
  • Arguments:
    1. Qur'an 2:197 says: "So whoever has ordained Hajj for himself therein, let there be no Rafath, no immorality, and no disputing during Hajj." The Farḍ cannot be the Talbiyah or leading the sacrificial animal, as these do not inherently signify the state of Iḥrām. Therefore, the Farḍ must be the intention, as the Farḍ necessitates the validity of Hajj (proven by the subsequent prohibition of Rafath).
    2. The Prophet's saying: "Actions are but by intentions."
    3. Analogy: The beginning of Hajj is refraining from prohibitions, so it can be initiated by intention, like fasting.
• Abū Ḥanīfah: Iḥrām is not valid by intention alone; it must be accompanied by the Talbiyah or by leading the sacrificial animal (Sūq al-Hady).
  • Arguments:
    1. It is narrated from 'Ā'ishah: "No one enters Iḥrām except by declaring Iḥrām or reciting the Talbiyah."
    2. Hajj is an act of worship with both initiation and termination (release from Iḥrām), so it should not be initiated merely by intention, like Prayer.

On the Verse: "So let there be no Rafath nor immorality nor disputing during Hajj." (فلا رفث ولا فسوق ولا جدال في الحج)

• Ibn Kathīr and Abū 'Amr: Read the first two terms (Rafath and Fusūq) with nominative case and tanwīn (لا رفثٌ ولا فسوقٌ), and the third (Jidāl) with accusative case (ولا جدالَ).
• The Rest: Read all three terms with the accusative case (ولا رفثَ ولا فسوقَ ولا جدالَ).

Analysis based on two premises:

1. Form and Meaning: The form (case endings) of a noun indicates the state of the signified meaning. Nouns denoting essence should ideally have silent endings (like rajulun without case endings). Case endings (accusative, nominative, genitive) denote states like being the object, subject, or possessive. The accusative case is the lightest and closest to silence.
2. Scope of Negation: Saying "No man" (لا رجلَ) in the accusative negates the essence entirely, thus negating all its individuals absolutely. Saying "No man" (لا رجلٌ) in the nominative with tanwīn negates an indefinite, unspecified man, which does not necessarily negate all individuals unless supported by external evidence. Thus, the accusative form is stronger in conveying absolute negation.

Applying to the Readings:

• All Accusative (Strong Negation): No issue; it strongly negates all three acts during Hajj.
• Mixed Reading (Nominative for Rafath & Fusūq, Accusative for Jidāl): This suggests that the emphasis on negating Jidāl is stronger than negating Rafath and Fusūq. This is because Jidāl encompasses the desire to prevail (which includes lust/desire, Rafath) and stubbornness against truth (which includes disobedience, Fusūq). Since Jidāl contains all forms of ugliness, God singled it out for greater prohibition in this reading.
• Exegetes' View on Mixed Reading: They interpret the first two (nominative) as prohibitions (i.e., "Let there be no Rafath and no Fusūq"), and the third (accusative) as a statement of fact regarding the non-existence of Jidāl during Hajj. However, this doesn't explain why the first two were singled out for prohibition and the third for factual negation.

A. Rafath (Lewd Talk/Action)

• As explained previously (Qur'an 2:187), it primarily means sexual intercourse.
• Al-Ḥasan: It includes everything related to sexual intercourse:
  • Verbal Rafath: Mentioning intercourse or related topics.
  • Physical Rafath: Touching, caressing, or intercourse itself.
• Counter-Argument: Some argue that mentioning it in the absence of women is not Rafath. They cite Ibn 'Abbās, who recited poetry while in Iḥrām mentioning women, and when questioned, he replied that Rafath is only what is said in the presence of women.
• Alternative View: Rafath is foul, obscene speech (Khannā and Fuḥsh).
  • Evidence: The Prophet (PBUH) said: "If one of you is fasting, let him not engage in Rafath or ignorance..." (Rafath here must mean obscenity). Linguistically, Abū 'Ubayd said Rafath is "blasphemy in speech" (Ifḥāsh fī al-manṭiq).

B. Fusūq (Immorality/Disobedience)

• Fusūq and Fisq are the same source word, meaning exiting obedience to God.
• Majority View: It encompasses all sins, as the term is general and applicable to all disobedience. Prohibiting a general term implies prohibiting all its types. This is supported by verses like Qur'an 18:50 ("He disobeyed his Lord's command") and 49:7 ("disbelief, immorality, and disobedience").
• Other Views (Specific Types):
  1. Abuse/Insult: Supported by Qur'an 49:11 ("evil is the name of disobedience after faith") and the Hadith: "Abusing a Muslim is Fusūq."
  2. Harm/Abuse: Qur'an 2:282 ("Neither writer nor witness should be harmed...").
  3. Sacrificing to Idols: Ibn Zayd noted that during their Hajj, they sacrificed for idols. Qur'an 6:121 states that eating what the name of God was not mentioned over is Fusūq.
  4. Hunting Game: Ibn 'Umar held it to be disobedience in killing game or other acts prohibited by Iḥrām.
  5. Sexual Misconduct: Rafath is intercourse/foreplay with one's lawful wife; Fusūq is intercourse/foreplay done illicitly (adultery).
  6. Intending Hajj without Intending to Avoid Prohibitions: Muḥammad ibn al-Ṭabarī held this view.

C. Jidāl (Disputing/Arguing)

• Derived from Jadl (twisting/braiding), as in a twisted rope (Jadīl). Argumentation is called Mujādalah because each party tries to twist the other away from their opinion.
• Views on the Disputing Prohibited:
  1. Leading to Abuse: Al-Ḥasan said it is arguing that risks escalating into insults, denial, or declaring the opponent ignorant.
  2. Boasting about Hajj: Quraysh used to gather at Minā and argue, "Our Hajj is more complete!" or "No, ours is more complete!" God forbade this.
  3. Disputing the Place of Standing: Mālik reported that Quraysh stood at Mash'ar al-Ḥarām (in Muzdalifah), while others stood at 'Arafāt, leading to arguments over who was correct. God commanded: "To every nation We have appointed a rite which they perform... so let them not dispute with you in the matter..." (Qur'an 22:67).
  4. Disputing the Day of Eid: Some calculated months by sighting the moon, others by counting days. They disputed whether a specific day was the Day of Sacrifice. God commanded them to adhere to the moon sighting.
  5. Disputing the Prophet's Command: Disputing the Prophet (PBUH) when he commanded them to change Hajj into 'Umrah (during the Farewell Pilgrimage).
  6. Disputing the Correct Time of Abraham: Disputing over who was following Abraham's original timing.
  7. Disputing the Cycle of Time: Disputing the timing, even though the Prophet (PBUH) declared in the Farewell Pilgrimage: "Verily, time has revolved to its original state..." (implying the timing was now correct).

Al-Qāḍī's Analysis (News vs. Prohibition):

The phrase can be interpreted as news (a statement of fact) or a prohibition (a command).

• As News (Literal Reading): The Hajj cannot exist alongside any of these three things, as they invalidate it. This only works if Rafath means intercourse that invalidates Hajj, Fusūq means adultery that invalidates Hajj, and Jidāl means doubting the obligation of Hajj (which is disbelief, invalidating Hajj). If these acts occur, the Hajj is corrupted, and the obligation to continue it is separate from the original valid Hajj commanded by God.
• As Prohibition (Figurative Reading): This is a shift from the literal meaning. Rafath means intercourse/foreplay/foul talk. Fusūq and Jidāl mean all their respective types. This reading serves as an encouragement toward beautiful ethics and avoiding things that nullify the reward of obedience.

The wisdom relates to the four powers in man identified by rational sciences:

1. Appetitive/Animalistic Power (شهوانية)
2. Wrathful/Savage Power (غضبية سبعية)
3. Illusory/Satanic Power (وهمية شيطانية)
4. Rational/Angelic Power (عقلية ملكية)

The goal of all worship is to conquer the first three:

• {No Rafath}: Signifies conquering the Appetitive Power.
• {No Fusūq}: Signifies conquering the Wrathful Power (which leads to rebellion and anger).
• {No Jidāl}: Signifies conquering the Illusory Power, which drives one to argue about God's essence, attributes, actions, and laws, and to quarrel with people.

Since the source of evil is confined to these three, God prohibited them during Hajj, which is the path to knowing and loving God.

Some criticized debate, research, and inquiry, citing:

1. Qur'an 2:197 ("No Jidāl in Hajj"), implying all debate is forbidden. If debate were obedience, it should be encouraged during Hajj, not forbidden.
2. Qur'an 43:58, where the people were criticized for being "a contentious people" (قوم خصمون).

The Majority of Theologians (Mutakallimūn): Debate in religion is a great act of obedience.

• Evidence: Qur'an 16:125 ("Invite to the way of your Lord with wisdom and good instruction, and argue with them in a way that is best") and the account of Noah (PBUH) arguing with his people (Qur'an 11:32).

Reconciliation: Praiseworthy debate is for establishing truth and defending the religion. Blameworthy debate is for establishing falsehood or seeking wealth and status.

On the Verse: "And whatever good you do, Allah is knowing of it. And take provisions, but indeed, the best provision is Taqwa (piety)." (وما تفعلوا من خير يعلمه الله وتزودوا فإن خير الزاد التقوى)

God commanded good deeds (completing Hajj and 'Umrah) and forbade evil deeds (Rafath, Fusūq, Jidāl). He followed this by mentioning knowledge of good deeds, not evil ones.

Reasons for specifying "Good":

1. Divine Mercy: God mentions and publicizes the good you do, but He conceals and covers the evil you do, showing His mercy in this world, which hints at His mercy in the Hereafter.
2. Concealment of Evil: Some exegetes suggest that when God says, "The Hour is coming; I almost conceal it" (Qur'an 20:15), it means, "If I could conceal it from Myself, I would have." Similarly, regarding your evil deeds, if it were possible for God to conceal them from Himself, He would have.
3. Promise of Reward: When a great sovereign tells his obedient servant that He knows every hardship he endures in service, it is a promise of great reward. If He said it to a disobedient servant, it would be a severe threat. Since God is the Most Generous, He mentioned what implies the promise of reward, not the threat of punishment.
4. Excellence (Iḥsān): This relates to the definition of Iḥsān: "Worship God as if you see Him; and if you do not see Him, then know that He sees you." Mentioning that He knows your good deeds confirms that your obedience is Iḥsān, making the servant more eager and delighted in their service.
5. Increased Diligence: Knowing the Master is aware of all actions increases the servant's diligence in performing obedience and avoiding prohibitions.

There are two main interpretations:

1. Provisions of Piety: The meaning is: "Take provisions of Taqwa," supported by the following clause: "for the best provision is Taqwa."
   • Analysis: Man has two journeys: the journey in this world and the journey from this world. The worldly journey requires physical provisions (food, drink, transport, wealth). The journey from this world requires spiritual provisions: knowledge of God, love of Him, and turning away from all else.
   • Why Spiritual Provisions are Better: a. Worldly provisions save you from imagined hardship; spiritual provisions save you from certain punishment. b. Worldly provisions save you from temporary hardship; spiritual provisions save you from eternal punishment. c. Worldly provisions lead to pleasures mixed with pain, sickness, and affliction; spiritual provisions lead to pure, lasting pleasures free from harm or cessation. d. Worldly provisions are constantly diminishing; spiritual provisions lead to the Hereafter, which is constantly approaching. e. Worldly provisions lead to the platform of desire and the ego; spiritual provisions lead to the threshold of Majesty and Holiness.
   • Conclusion: Therefore, the best provision is Taqwa. The verse implies: "O people of understanding, since the best provision is Taqwa, occupy yourselves with acquiring it."

2. Physical Provisions (Contextual): This verse was revealed concerning people from Yemen who performed Hajj without provisions, claiming reliance on God (Tawakkul). They then begged from people, sometimes unjustly seizing wealth. God commanded them to take physical provisions, but stated that the best provision is Taqwa (that which keeps your face from begging and your soul from injustice). Some reports state they used to throw away any provisions they brought upon entering Iḥrām.

• Al-Qāḍī's Critique: The second view is weak because the phrase "for the best provision is Taqwa" clearly relates back to the command "Take provisions."
• Reconciling the Second View: If we accept it, it implies two things: a. A person capable of taking provisions sins if they neglect to do so. b. There is an omission: "Take provisions for your immediate journey, and [take provisions] for the Hereafter, for the best provision is Taqwa."

1. Divine Majesty: The command emphasizes God's immense greatness, similar to the poet saying, "I am Abū al-Najm, and my poetry is my poetry" (asserting his unique status).
2. Grammar: Abū 'Amr preserved the final Yā' (vowel marker) in Ittaqūnī (fear Me), while others omitted it for brevity, relying on the preceding Kasrah to indicate it.

• Lubāb (plural of Lubb) means the purest essence of a thing.
• View 1 (Intellect): Lubb is the intellect ('Aql), as it is the noblest faculty in man, distinguishing him from beasts and preparing him to discern the best of goods and the worst of evils.
• View 2 (Heart as Metaphor): Lubb originally refers to the heart, which is the seat of intellect. The heart is often used metaphorically for the intellect (as in Qur'an 50:37, "for him who has a heart or applies his hearing while he is present"). Thus, Lubb here is a metaphor for 'Aql.

Meaning: "O people of intellect." This is a common metaphor where the container is named for the state it holds.

Why address the Intellects? If the command is only valid for the rational, what is the benefit of specifying them?

• Answer: Because they possess the capacity to know and act upon these commands, the obligation upon them is stronger, and their turning away is more reprehensible. As the poet said: "I saw no defect in people more severe than the deficiency of those capable of perfection." This is why God says of those who turn away: "They are like cattle; rather, they are more astray" (Qur'an 7:179)—cattle are excused due to incapacity, but the capable ones are more blameworthy for their turning away.

Qur'an 2:198: "There is no blame upon you if you seek bounty from your Lord. Then when you pour forth from 'Arafāt, remember Allah at al-Mash'ar al-Ḥarām, and remember Him as He has guided you, although before it you were of those who were astray."

(The text ends here, transitioning to the next verse.)