ﲧ ﲨ ﲩ ﲪ ﲫ ﲬ ﲭ ﲮ ﲯ ﲰ ﲱ ﲲ ﲳ ﲴ ﲵ ﲶ ﲷ ﲸ ﲹ ﲺ ﲻ ﲼ ﲽ ﲾ ﲿ ﳀ ﳁ ﳂ
Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.
Tafsir
Verse range: 4:58
Know that when the Almighty explained some of the conditions of the disbelievers and warned them, He returned to mentioning the obligations (Takalif) once again.
Furthermore, since He recounted how the People of the Book concealed the truth—saying to the disbelievers, "These are better guided in their way than those who believe" (Qur'an 4:51)—He commanded the believers in this verse to fulfill trusts in all matters, whether these matters pertain to doctrines and religions or to worldly affairs and transactions.
Also, because the preceding verse mentioned the great reward for those who believe and do righteous deeds, and since fulfilling trusts is among the most essential righteous deeds, it is fitting that He commanded it in this verse.
In this verse, there are several issues:
It is narrated that when the Messenger of Allah (peace and blessings be upon him) entered Mecca on the Day of the Conquest, Uthman ibn Talhah ibn Abd al-Dar, the keeper of the Ka'bah, locked the door and ascended to the roof, refusing to hand over the key. He said, "If I had known you were the Messenger of Allah, I would not have prevented you."
'Ali ibn Abi Talib (may Allah be pleased with him) twisted his arm and took the key from him, and the Prophet (PBUH) entered and prayed two rak'ahs. When he came out, Al-'Abbas asked him to give him the key and combine the duty of providing water (Siqayah) and the custody of the Ka'bah (Sidanah) for himself. Then this verse was revealed.
The Prophet commanded 'Ali to return the key to Uthman and apologize to him. Uthman then declared, "I bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah." Then Jibril (Gabriel) descended and informed the Prophet (PBUH) that the custody of the Ka'bah would remain with the descendants of Uthman forever. This is the view of Sa'id ibn al-Musayyab and Muhammad ibn Ishaq.
According to Abu Rawq, the Prophet (PBUH) said to Uthman, "Give me the key." Uthman replied, "Take it as a trust from Allah." When the Prophet reached for it, Uthman closed his hand. The Prophet repeated this request a second time: "If you believe in Allah and the Last Day, give me the key." Uthman replied, "Take it as a trust from Allah," and closed his hand again. The Prophet repeated it a third time. On the third occasion, Uthman said, "Take it as a trust from Allah," and handed it to the Prophet (PBUH).
The Prophet then circumambulated (Tawaf) with the key and intended to give it to Al-'Abbas. Then he said, "O Uthman, take the key, on the condition that Al-'Abbas has a share with you." Then Allah revealed this verse. The Prophet (PBUH) said to Uthman, "Take it, eternally and perpetually; none shall take it from you except an oppressor." Uthman then migrated and entrusted the key to his brother Shaybah, and it remains with his descendants today.
Know that the revelation of this verse concerning this specific incident does not mean it is restricted only to this event. Rather, it encompasses all types of trusts (Amanat).
A person's dealings are either with their Lord, with other people, or with themselves. Trustworthiness must be observed in all three categories.
This is a vast area. The trust of the tongue is not to use it for lying, backbiting, tale-bearing, disbelief, heresy, obscenity, etc. The trust of the eyes is not to use them to look at what is forbidden. The trust of the hearing is not to use it to listen to amusements, prohibitions, obscenities, or lies, and so on for all the limbs.
It includes forbidding the Jews from concealing the matter of Muhammad (PBUH) and forbidding them from telling the disbelievers that their way is better than the religion of Muhammad (PBUH). It includes the Prophet's command to return the key to Uthman ibn Talhah. It includes the wife's trust towards her husband to guard her chastity and not attribute a child born from another man to him, and to inform him when her waiting period ('Iddah) ends.
The statement, "Indeed, Allah commands you to render all trusts to those entitled to them," encompasses all of this. Allah has greatly emphasized the matter of trusts in many places in His Book:
The Prophet (PBUH) said: "He has no faith who has no trust." Maymun ibn Mahran said: "Three things lead to righteousness, whether done by the righteous or the wicked: trustworthiness, keeping covenants, and maintaining kinship."
Al-Qadi said: Although the term al-Amanah (trust) generally covers everything, Allah stated in this verse: "Indeed, Allah commands you to render all trusts to those entitled to them." Therefore, it must be that this trust refers to what is analogous to property, because only that can be rendered to another party.
Al-Amanah is a verbal noun (Masdar) used to denote the object (Maful), and thus it is pluralized (Al-Amanat), as it has become a standalone noun. The author of Al-Kashshaf mentioned that Al-Amanah (singular) has also been read.
Abu Bakr al-Razi said that deposits are among the trusts, and they must be returned upon demand. The majority hold that they are not guaranteed (i.e., the custodian is not liable for loss unless through negligence). Some of the early Muslims held that they are guaranteed.
Al-Sha'bi narrated from Anas that a man asked him to keep some goods (Bida'ah), which were lost among his clothes. 'Umar ibn Al-Khattab held Anas responsible for them. Anas also narrated that he had a deposit of six thousand dirhams belonging to a man, which was lost. 'Umar asked him, "Did you lose anything along with it?" He said, "No." So 'Umar made him liable for the guarantee.
The evidence for the famous opinion (that they are not guaranteed) is what 'Amr ibn Shu'ayb narrated from his father, who said: The Messenger of Allah (PBUH) said: "There is no guarantee for a shepherd, nor for a trustee (Mu'taman)." As for the action of 'Umar, it is interpreted as the depositor admitting to an act that necessitates liability.
Al-Shafi'i (may Allah be pleased with him) said that a borrowed item ('Ariyah) is guaranteed after it is destroyed. Abu Hanifa (may Allah be pleased with him) said it is not guaranteed.
The argument for Al-Shafi'i: His evidence is the verse, "Indeed, Allah commands you to render all trusts to those entitled to them." The apparent meaning of the command implies obligation. After the item is destroyed, returning it in its original form is impossible, so returning its equivalent value (guarantee) is returning it in meaning. Thus, the verse indicates the obligation of compensation. Similar to this verse is the Hadith: "The hand is responsible for what it takes until it returns it." At most, the verse might be specific to deposits, but the general ruling remains valid after specific instances (the principle of al-'Aam ba'da al-takhsis hujjaj). Furthermore, we agree that a person who takes something to trade with it (Musta'meel) is guaranteed, while a depositary (Mawdu') is not. A loan ('Ariyah) falls in between. We argue that the similarity between a loan and an item taken for trade is stronger, because in both cases, a third party takes it for their own benefit, unlike a deposit, which is taken for the owner's benefit. Thus, the similarity between the borrower and the trader is more complete, distinguishing the borrower from the depositary.
The argument for Abu Hanifa: His evidence is the Hadith: "There is no guarantee for a trustee."
Our response: This Hadith is specific to the trader (Musta'meel), so it is also specific to the borrower ('Ariyah). Moreover, our evidence is the apparent meaning of the Qur'an, which is stronger.
In this part of the verse, there are several issues:
The trust (Al-Amanah) refers to when a right is due to another person from you, and you fulfill that right to them. Judging with justice refers to when a right is due to one person from another, and you command the one obligated to deliver that right to the rightful owner.
Since the correct sequence is for a person to first secure benefits and repel harms for himself before attending to others, it is fitting that Allah first mentioned the command to fulfill trusts, and then mentioned the command to judge with justice. How excellent is this arrangement, as most of the subtleties of the Qur'an are embedded in its arrangements and connections!
There is a consensus that whoever is a judge must judge with justice, as stated: "And when you judge between people, judge with justice." The implied meaning is: Indeed, Allah commands you, when you judge between people, to judge with justice.
Allah also said: "Indeed, Allah commands justice and good conduct..." (An-Nahl: 90). And: "And when you speak, be just, even if it is [against] a near relative." (Al-An'am: 152). And: "O David, indeed We have made you a successor upon the earth, so judge between the people in truth..." (Sad: 26).
Anas narrated from the Prophet (PBUH) that he said: "This Ummah will remain in goodness as long as when it speaks, it speaks the truth; when it judges, it judges justly; and when it seeks mercy, it is shown mercy."
Al-Hasan said that Allah took three covenants from the rulers: not to follow desires, to fear Allah and not fear people, and not to trade His verses for a small price. Then he recited: {O David, indeed We have made you a successor upon the earth...} until {...and do not follow the desire...} (Sad: 26). And he recited: {Indeed, We sent down the Torah, in which was guidance and light, by which the Prophets judged...} (Al-Ma'idah: 44) until {...and do not exchange My verses for a small price.} (Al-Baqarah: 41).
What indicates the obligation of justice are the verses condemning oppression:
If one asks: The purpose of oppression is worldly benefit. Allah answers the question by saying: "And how many a generation have We destroyed after them? And do you perceive of them any survivor?" (Al-Qasas: 58).
Al-Shafi'i (may Allah be pleased with him) said that a judge should treat the two litigants equally in five things: in entering upon him, in sitting before him, in turning his attention toward them, in listening to them, and in judging between them.
What is required is equality in actions, not in the heart. If his heart inclines toward one and he wishes that one's argument prevails over the other, there is no blame upon him, as he cannot guard against that. He should not prompt one of them with his argument, nor prompt a witness regarding his testimony, as this harms one of the litigants. He should not prompt the claimant regarding the claim and the oath, nor prompt the defendant regarding denial or admission, nor prompt witnesses to testify or not testify. He should not host one litigant without the other, as this breaks the heart of the other. Nor should the judge accept the hospitality of one, nor the hospitality of both while they are in dispute.
It is narrated that the Prophet (PBUH) never hosted a litigant without his opponent being present with him. The full discussion on this is found in the books of Fiqh. The essence of the matter is that the judge's intention in his ruling must be to deliver the right to its rightful owner, and this must not be mixed with any other purpose. This is what is meant by: "And when you judge between people, judge with justice."
The statement: "And when you judge between people, judge with justice," is like an explicit declaration that not all people have the authority to legislate judgments; rather, it belongs to some of them. The verse remains general regarding the means by which one becomes a ruler. Since other proofs indicate that the Ummah must have a supreme leader (Imam A'zam), and that he is the one who appoints judges and governors over the lands, those proofs serve as the explanation for the generality found in this verse.
Then Allah said: "Indeed, Allah is excellent in what He instructs you," meaning, what an excellent thing He instructs you with, or the most excellent thing He instructs you with. The object of praise is omitted, meaning: what an excellent thing that is which He instructs you with—that is, the command to fulfill trusts and judge with justice.
Then He said: "Indeed, Allah is ever Hearing and Seeing." Act upon Allah's command and admonition, for He is the most knowledgeable of what is heard and seen, and He will recompense you for what issues from you.
There is another subtle point here: When Allah commanded judgment based on justice and the fulfillment of trusts in these verses, He said: "Indeed, Allah is ever Hearing and Seeing." This means: If you judge justly, He is Hearing all audible things and hears that judgment. If you fulfill the trust, He is Seeing all visible things and sees that fulfillment. Undoubtedly, this is the greatest reason for the promise to the obedient and the greatest reason for the warning to the disobedient. This is alluded to in the Hadith: "Worship Allah as if you see Him; if you do not see Him, then know that He sees you."
There is another subtle point: The greater the need of the servant, the more complete is Allah's care. Allah has entrusted the interests of His servants to the judgments of judges and governors. Therefore, the concern regarding their rulings and judgments is more intense. Thus, the Almighty is free from heedlessness, forgetfulness, and disparity in seeing the seen and hearing the heard. However, if we were to assume that such disparity were possible, the time when governors and judges rule would be the most deserving place for vigilance against heedlessness and forgetfulness. Since this situation is characterized by increased care, it is fitting that He concluded this verse by saying: "Indeed, Allah is ever Hearing and Seeing." How beautiful are these conclusions that correspond to these introductions!
