Al-Baqarah (The Cow): Verse 83
{وَإِذْ أَخَذْنَا مِيثَاقَكُمْ...} (And [recall] when We took the covenant from you...)
Introduction to the Covenant
Know that this is another category of the blessings (Ni'am) with which Allah singled them out. This is because being tasked (Taklīf) with these obligations leads to the greatest blessing, which is Paradise. That which leads to a blessing is itself a blessing; thus, this obligation is undoubtedly a blessing.
Then, the Exalted and Sublime specified here that He obligated them with several things:
The First Obligation: His saying, the Exalted: {لَا تَعْبُدُونَ إِلَّا اللَّهَ} (You shall worship none but Allah). This contains several issues:
Issue 1: Recitation Variants
Ibn Kathir, Hamzah, and Al-Kisā’ī recited it with the Yā’ (يَعْبُدُونَ - they worship), while the rest recited it with the Tā’ (تَعْبُدُونَ - you worship).
- Justification for Yā’: They are mentioned in the third person (as they are absent/being reported about).
- Justification for Tā’: They were being addressed directly. The Tā’ is preferred. Abū ‘Amr said: Do you not see that He, the Exalted, said: {وَقُولُوا لِلنَّاسِ حُسْنًا} (And speak kindly to people)? This direct address indicates the use of the Tā’.
Issue 2: Grammatical Position of {لَا تَعْبُدُونَ}
There are five differing opinions regarding the grammatical position of {لَا تَعْبُدُونَ}:
- Al-Kisā’ī's View: It is in the nominative case (Raf‘) as if it were {لَا تَعْبُدُوا} (that you should not worship), implying: "We took their covenant that they should not worship..." When an (that) is omitted, the verb becomes nominative, similar to the poetry of Ṭarafah:
“O Lāthimī, are you present at the fray, and [are you present] that I witness pleasures? Will you grant me eternity?” (He intended an aḥḍara - that I be present).
Al-Akhfash, Al-Farrā’, Al-Zajjāj, Quṭrub, ‘Alī ibn ‘Īsā, and Abū Muslim supported this view.
- Second View: It is in the nominative case (Raf‘) as the response to an oath (answering a Qasam). It is as if the meaning is: "And when We swore to them, [it was that] they should not worship..." Al-Mubarrid, Al-Kisā’ī, Al-Farrā’, and Al-Zajjāj supported this, and it is one of Al-Akhfash's two opinions.
- Quṭrub's View: It is in the accusative case (Naṣb) as a circumstantial clause (Ḥāl), as if the meaning were: "We took your covenant while you were not worshipping except Allah."
- Al-Farrā’s View: The position of {لَا تَعْبُدُونَ} is one of prohibition (Nahy), but it is phrased in the indicative form (Khabar), like His saying: {لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا} (No mother shall be harmed because of her child) (Al-Baqarah: 233), which is in the nominative case but carries the meaning of prohibition. What confirms it is a prohibition are three things:
- The preceding command: {أَقِيمُوا} (Establish [prayer]).
- The recitation of ‘Abdullāh and Abī: {لَا تَعْبُدُوا} (Do not worship).
- The expression of information in the sense of command/prohibition is stronger and more eloquent than explicit command/prohibition, as it implies immediate compliance and cessation.
- Fifth View: The intended structure is {أَنْ لَا تَعْبُدُوا} (that you should not worship), where an plus the verb is a substitute for the covenant (Mīthāq). It is as if He said: "We took the covenant of the Children of Israel regarding their monotheism."
Issue 3: Implications of the Covenant
This covenant indicates the completeness of what is necessary in religion. When Allah commanded the worship of Him alone and forbade the worship of others, this command and prohibition must be preceded by knowledge of His Essence, all that is obligatory, permissible, and impossible for Him, and knowledge of His Unity, His freedom from opposites, rivals, consorts, and offspring. It must also be preceded by knowledge of the how of that worship, which can only be known through revelation and prophethood. Therefore, {لَا تَعْبُدُونَ إِلَّا اللَّهَ} encompasses everything contained in the science of Kalām (theology), the science of Fiqh (jurisprudence), and rulings, because worship cannot be achieved without them.
The Second Obligation: His saying: {وَبِالْوَالِدَيْنِ إِحْسَانًا} (And [covenant concerning] kindness to parents). This contains several issues:
Issue 1: Grammar of the Bā’ and the Accusative Case
What is the connection of the Bā’ in {وَبِالْوَالِدَيْنِ إِحْسَانًا} and why is Iḥsānan in the accusative case (Naṣb)? There are three opinions:
- Al-Zajjāj’s View: It is accusative based on the meaning: "Be kind to your parents with kindness (Aḥsinū bi-l-wālidayn iḥsānan)."
- Second View: It means: "We enjoined upon them kindness to parents (Waṣṣaynāhum bi-l-wālidayn iḥsānan)." The Bā’ connects better to this meaning. If it were the first view, it would have been ilā (to) the parents, as if saying: "And be kind to the parents."
- Third View: It is an indicative statement coordinated with the first meaning (worship), meaning: "That you worship [Allah] and that you be kind [to parents]."
Issue 2: Why Kindness to Parents Follows Worship of Allah
The linking of kindness to parents immediately after the worship of Allah is due to several reasons:
- Greatness of Blessing: Allah’s blessing upon the servant is greater, so His thanks must precede the thanks due to others. After Allah’s blessing, the blessing of parents is the most general of blessings because parents are the origin and cause of the child's existence and being, in addition to nurturing them. Others only provide nurture, not the origin of existence. Thus, their blessing is the greatest after Allah's.
- Apparent vs. Real Cause: Allah is the true agent of human existence, while parents are the apparent, customary agents. After mentioning the True Agent, He followed it with the apparent agent.
- No Expectation of Return: Allah does not seek any compensation for His favors; the goal is pure beneficence. Similarly, parents do not seek financial compensation or reward for raising their children, even those who deny the Hereafter treat their children well. In this respect, their beneficence resembles Allah's.
- Unfailing Generosity: Allah never tires of bestowing favors, even if the servant commits the greatest sins; He does not cut off the means of His grace. Likewise, parents do not tire of their children or cut off their gifts, even if the child is ill-behaved toward them.
- Stewardship of Wealth/Deeds: Just as a compassionate father manages his son's wealth seeking growth and protecting it from loss, Allah manages the servant's obedience, preserves it from waste, and makes deeds that are transient like everlasting things, as in the analogy of the seed growing seven ears.
- Knowledge of Blessing: Allah's blessing is known through inference (Istidlāl), while the parents' blessing is known by necessity (Ḍarūrah). Although the parents' blessing is small compared to Allah's, they balance out in this aspect (known by necessity vs. known by inference), making the parents' blessing secondary to Allah's.
Issue 3: Obligation to Honor Parents Even if They Are Disbelievers
The majority of scholars agreed that honoring parents is obligatory even if they are disbelievers. Evidence for this includes:
- The verse {وَبِالْوَالِدَيْنِ إِحْسَانًا} is not restricted by whether they are believers or not. In Usūl al-Fiqh, a ruling tied to a description implies the causality of that description. Thus, this verse indicates that the command to honor parents is solely because they are parents, implying generality. The same applies to {وَقَضَىٰ رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا}.
- The prohibition: {فَلَا تَقُل لَّهُمَا أُفٍّ وَلَا تَنْهَرْهُمَا} (Say not to them [even] 'uff' nor repel them), which is the utmost severity in forbidding harm to them. At the end of the verse, Allah clarifies the reason for this honor: {وَقُل رَّبِّ ارْحَمْهُمَا كَمَا رَبَّيَانِي صَغِيرًا} (And say, 'My Lord, have mercy upon them as they had mercy on me when they were small').
- The example of Prophet Ibrāhīm (Abraham), peace be upon him, who was gentle when inviting his father to faith: {يَا أَبَتِ لِمَ تَعْبُدُ مَا لَا يَسْمَعُ وَلَا يُبْصِرُ وَلَا يُغْنِي عَنكَ شَيْئًا} (O my father, why do you worship that which does not hear and does not see and does not avail you at all?). His father used to harm him, yet Ibrāhīm endured it. Since this is established for Ibrāhīm, it is established for this Ummah due to the command: {ثُمَّ أَوْحَيْنَا إِلَيْكَ أَنِ اتَّبِعْ مِلَّةَ إِبْرَاهِيمَ حَنِيفًا} (Then We revealed to you, [O Muhammad], "Follow the religion of Abraham, inclining to truth").
Issue 4: Definition of Kindness (Iḥsān)
Kindness to them means never harming them and conveying to them whatever benefits they need. This includes inviting them to faith if they are disbelievers, and enjoining good upon them gently if they are wicked (Fāsiqūn).
The Third Obligation: His saying: {وَذِي الْقُرْبَى} (And to relatives by blood). This contains several issues:
Issue 1: Defining "Relatives" (Dhū al-Qurbā)
Imam Shāfi‘ī, may Allah be pleased with him, said: If someone wills a bequest to the relatives of Zayd, it includes heirs and non-heirs. The father and son are not included because they are not typically referred to as mere "relatives" (Qarīb). Grandchildren and grandparents are included. Another view is that neither ascendants nor descendants are included, and a third view is that all are included.
There is a subtlety here: Arabs trace their lineage high up to distant ancestors, and all of them are relatives. If we trace back to a high ancestor, their descendants multiply. Therefore, Imam Shāfi‘ī said that the bequest extends to the closest ancestor to whom the person traces his lineage and is known by, even if that ancestor was a disbeliever. His companions gave the example: If someone wills a bequest to the relatives of Imam Shāfi‘ī, it applies to the descendants of Shāfi‘, not the descendants of ‘Abd Manāf, even though they are relatives, because Shāfi‘ is famously traced to Shāfi‘ rather than ‘Abd Manāf.
Shaykh Al-Ghazālī said: This was in Shāfi‘ī's time. In our time, it only applies to the children of Imam Shāfi‘, not tracing back to the descendants of Shāfi‘, because in our time, the closest known lineage is that of his children. As for maternal kinship, it is included in the bequest of non-Arabs, but not typically in the bequest of Arabs, as they do not count that as true kinship. However, if one says "to the Arḥām (wombs/kin) of so-and-so," it includes both paternal and maternal relatives.
Issue 2: The Status of Kinship Rights
The right of blood relatives follows the right of parents because one's relatives are connected to him through his parents. Connection to the parents takes precedence over connection to blood relatives, which is why Allah mentioned them after the parents.
It is narrated from Abū Hurayrah that the Prophet (PBUH) said: "The kinship tie (Ar-Raḥim) is a tether from the Most Merciful. When the Day of Judgment comes, it will complain: 'O Lord, I have been wronged; I have been treated badly; I have been cut off.' The Lord will answer it: 'Are you not pleased that I cut off whoever cuts you off and maintain connection with whoever maintains you?'" Then he recited: {فَهَلْ عَسَيْتُمْ إِن تَوَلَّيْتُمْ أَن تُفْسِدُوا فِي الْأَرْضِ وَتَقَطَّعُوا أَرْحَامَكُمْ} (Then is it expected of you, if you turned away, [that] you would cause corruption in the land and sever your ties of kinship?).
The rational basis for emphasizing the care of this right is that kinship is a source of unity, affection, support, and aid. If none of this is present, it is more painful to the heart and more severe in causing distress and alienation. The stronger the bond, the more obligatory its protection. Hence, the rights of relatives must be observed.
The Fourth Obligation: His saying: {وَالْيَتَامَى} (And to orphans). This contains two issues:
Issue 1: Definition of Orphan (Yatīm)
The orphan is one whose father has died until he reaches puberty. The plural is Aytaam and Yitāmā, like Nadīm and Nadāmā. One whose mother dies is not called an orphan. Al-Zajjāj said: This applies to humans; for non-humans, being an orphan is due to the loss of the mother.
Issue 2: The Status of Orphans
The orphan follows the care of relatives' rights. Because of his youth, he cannot benefit himself, and his orphanhood and lack of a guardian necessitate someone to benefit him. People are rarely inclined to associate with such a person. Since this obligation is difficult on the soul, its rank in religion is great.
The Fifth Obligation: His saying: {وَالْمَسَاكِينِ} (And to the needy). This contains several issues:
Issue 1: Difference between Miskin (Needy) and Faqīr (Poor)
The singular of Masākīn is Miskīn, derived from Sukūn (stillness), as if poverty has settled upon him. According to most linguists, the Miskīn is in a worse state of poverty than the Faqīr. This is the view of Abū Ḥanīfah. They cite His saying: {أَوْ مِسْكِينًا ذَا مَتْرَبَةٍ} (Or a needy person covered in dust) (Al-Balad: 16).
According to Imam Shāfi‘ī, the Faqīr is in a worse state because Faqīr is derived from Faqār (the backbone), as if his backbone is broken due to extreme need. This is the view of Ibn Al-Anbārī. They cite in rebuttal His saying: {أَمَّا السَّفِينَةُ فَكَانَتْ لِمَسَاكِينَ يَعْمَلُونَ فِي الْبَحْرِ} (As for the ship, it belonged to needy men working at sea) (Al-Kahf: 79), where they were called Masākīn even though the ship was their property.
Issue 2: Order of Mention
Their rank is delayed after orphans because the needy person might be capable of being employed or utilized for service, making people more inclined to associate with him than with orphans. Furthermore, the needy person can attend to his own affairs and livelihood, whereas the orphan cannot. Hence, Allah mentioned the orphan before the needy.
Issue 3: Distinction from Zakah
Kindness to relatives, orphans, and the needy must be distinct from Zakah, because conjunction (‘Aṭf) implies difference.
The Sixth Obligation: His saying: {وَقُولُوا لِلنَّاسِ حُسْنًا} (And speak kindly to people). This contains several issues:
Issue 1: Recitation and Meaning of Ḥusnan
Ḥamzah and Al-Kisā’ī recited it with a Fatḥa on the Ḥā’ and Sīn (حَسَنًا), meaning it describes the speech (i.e., "Speak to people a good word"). The rest recited it with a Ḍammah on the Ḥā’ and Sukūn on the Sīn (حُسْنًا). They cite {وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ حُسْنًا} (And We enjoined upon man, to his parents, good treatment) (Al-‘Ankabūt: 8) and {ثُمَّ بَدَّلَ حُسْنًا بَعْدَ سُوءٍ} (Then changed good [state] after evil) (An-Nahl: 11).
There are four interpretations for the latter recitation:
- Al-Akhfash: It means "a word possessing goodness (dhā ḥusn)."
- It can be in the position of an adjective, like saying rajulun ‘adlun (a just man).
- It means: "Let your speech be good," accusative as the Maṣdar (verbal noun) implied by the preceding command.
- Ḥusnan means a word that is inherently good due to its extreme goodness.
Issue 2: Why Command Follows Narration
Why were they commanded to speak kindly after the narration of the covenant? There are three answers:
- It is a shift in address (Iltifāt), like when He said: {حَتَّىٰ إِذَا كُنتُمْ فِي الْفُلْكِ وَجَرَيْنَ بِهِمْ} (Until, when you were in the ships and they sailed with them...).
- There is an omission: "We said to them: Speak kindly."
- The covenant must be speech; it is as if He said: "I said: Do not worship except Allah, and speak kindly."
Issue 3: Who is Addressed?
Is the command {وَقُولُوا لِلنَّاسِ حُسْنًا} part of the covenant taken from them, or is it a command given to Moses and his people afterward?
- First possibility (Part of the Covenant): Allah took the covenant from them not to worship anyone but Him, and to speak kindly to people. This is more likely as it keeps the narrative as one continuous account encompassing moral virtues.
- Second possibility (Subsequent Command): Allah took the covenant regarding monotheism, then commanded Moses and his nation: "Speak kindly to people."
Issue 4: Applicability to Disbelievers
Some said that kind speech is only obligatory toward believers, not disbelievers or the wicked. Their evidence:
- It is obligatory to curse and condemn them, and fight them; how can speech be kind to them?
- His saying: {لَّا يُحِبُّ اللَّهُ الْجَهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلَّا مَن ظُلِمَ} (Allah does not like the public mention of evil except by one who has been wronged) (An-Nisā’: 148), which permits harsh speech for the wronged. Some who hold this view claim this command was abrogated by the verse of fighting, while others say it is specified (Mukhaṣṣaṣ).
If specification occurred based on the addressee, it means: "Speak kindly to the believers." If it occurred based on the speech itself, it means: "Speak kindly when calling to Allah or enjoining good."
Abū Ja‘far Muhammad ibn ‘Alī Al-Bāqir asserted that this generality remains as it is, and there is no need for specification. This is the stronger view, evidenced by Moses and Aaron being commanded to be gentle with Pharaoh, and Prophet Muhammad (PBUH) being commanded regarding gentleness: {وَلَوْ كُنتَ فَظًّا غَلِيظَ الْقَلْبِ لَانفَضُّوا مِنْ حَوْلِكَ} (And if you had been rude in speech, harsh in manner, they would have broken away from you around you) (Āl ‘Imrān: 159). Also, {ادْعُ إِلَىٰ سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ} (Invite to the way of your Lord with wisdom and good instruction) (An-Nahl: 125), and {وَلَا تَسُبُّوا الَّذِينَ يَدْعُونَ مِن دُونِ اللَّهِ فَيَسُبُّوا اللَّهَ عَدْوًا بِغَيْرِ عِلْمٍ} (And do not insult those they invoke other than Allah, lest they insult Allah in enmity without knowledge) (Al-An‘ām: 108).
To those who argue that cursing them is necessary and incompatible with kind speech:
- We deny that cursing them is obligatory, based on {وَلَا تَسُبُّوا...}.
- Even if cursing is obligatory, we deny that cursing is not kind speech. Kind speech is not what they desire, but what benefits them. Cursing them to deter them from evil acts is beneficial and thus kind speech, just as a father's harshness can be beneficial.
- Even if cursing is not kind speech, its obligation does not negate the obligation of kind speech. A person can deserve honor for their past kindness and deserve contempt for their disbelief simultaneously.
To those who cite {لَّا يُحِبُّ اللَّهُ الْجَهْرَ بِالسُّوءِ...}: This may mean exposing the state of the oppressor so people may beware of him, as the Prophet (PBUH) said: "Mention the wicked person with what is in him so that people may be warned."
Issue 5: Types of Speech
The people of verification state that speech between people is either about religious matters or worldly matters.
- Religious Matters: Either calling to faith (with disbelievers) or calling to obedience (with the wicked). Calling to faith must be with kind speech, as Allah commanded Moses and Aaron regarding Pharaoh: {فَقُولَا لَهُ قَوْلًا لَّيِّنًا لَّعَلَّهُ يَتَذَكَّرُ أَوْ يَخْشَىٰ} (Then speak to him a gentle word; perhaps he may remember or fear) (Ṭā-Hā: 44). Calling the wicked requires kind speech, wisdom, and good instruction.
- Worldly Matters: It is self-evident that if the goal can be achieved through gentle words, nothing else is appropriate. Thus, all etiquette of religion and worldly affairs fall under {وَقُولُوا لِلنَّاسِ حُسْنًا}.
Issue 6: Obligation in Their Law
The apparent meaning suggests that kindness to relatives, orphans, and the needy, as well as kind speech, were obligatory in their law because taking a covenant implies obligation (as the command implies obligation, and they were blamed for turning away). In our law, it is also obligatory in some respects. Ibn ‘Abbās narrated that Zakah abrogated every other right, but this is weak, as there is no dispute that if someone is in dire need, we must give charity, even if Zakah is not due, and if Zakah is insufficient, charity becomes obligatory. The obligation to speak to people in a way that does not harm them is also certain.
The Seventh and Eighth Obligations: His saying: {وَإِذْ أَخَذْنَا مِيثَاقَ بَنِي...} (And [recall] when We took the covenant from the Children of...). These have already been explained.
The Turning Away (*Tawallī*)
After explaining that He took the covenant from them regarding these eight obligations—and this was a blessing intended to elevate them to the highest station with their Lord—they turned away and wronged themselves, failing to accept their Lord's blessings despite the strong proofs and covenants. This increases the ugliness of their turning away, as opposing Allah after the utmost clarity and confirmation is greater than opposition stemming from ignorance.
There are three views on who is meant by {ثُمَّ تَوَلَّيْتُمْ} (Then you turned away):
- The Preceding Israelites: If the initial discourse concerned them, the conclusion should also concern them, unless evidence dictates otherwise. Allah presented the first part as a demonstration of blessings through establishing proofs, then mentioned that they turned away, except for a few who remained steadfast.
- The Jews in the Time of the Prophet (PBUH): This is a direct address to those present, fitting the immediate context better than the narration about their ancestors. It implies: Just as the covenant was binding on your predecessors, it is binding on you because you know from the Torah about Muhammad (PBUH) and the truth of his prophethood. Thus, the proof against you is the same as the proof against them, yet you turned away, except for a few who believed.
- Both Past and Present Generations: The turning away mentioned first applies to the predecessors, while {وَأَنتُمْ مُعْرِضُونَ} (while you are turning away) is specific to those in the time of Muhammad (PBUH). This means that after becoming aware of the proofs of Muhammad's truth, you turned away and disbelieved, placing you in the same position as those predecessors who turned away after receiving those covenants.
Verse 84: {وَإِذْ أَخَذْنَا مِيثَاقَكُمْ لَا تَسْفِكُونَ دِمَاءَكُمْ وَلَا تُخْرِجُونَ أَنفُسَكُم مِّن دِيَارِكُمْ ثُمَّ أَقْرَرْتُمْ وَأَنتُمْ تَشْهَدُونَ} (And [recall] when We took your covenant, [saying], "You shall not shed the blood of yourselves or expel yourselves from your homes." Then you agreed and [were] witnesses.)