Surah At-Tawbah (9): Verse 28

Issues Discussed in the Verse:

This verse addresses the third doubt that arose in the hearts of the Companions. When the Prophet (PBUH) commanded 'Ali (RA) to recite Surah Bara'ah to the polytheists of Mecca, announcing the nullification of their covenants and that Allah and His Messenger were free from them, some people feared the economic consequences—loss of trade routes and goods.

This verse was revealed to dispel this doubt. Allah responded by saying: {And if you fear poverty (ʿiyalah)}—meaning need and destitution—{Allah will enrich you from His bounty}. This forms an excellent and fitting connection (Nathm) for the passage.

The majority opinion holds that the term "polytheists" refers specifically to idol worshippers. However, some argue it encompasses all disbelievers. We have previously supported the broader view with numerous proofs. What supports the specific interpretation here is the verse: {Indeed, Allah does not forgive association with Him, but He forgives what is less than that of whom He wills} (An-Nisa: 116). (The text implies that if the polytheists were only idolaters, this verse would be unnecessary or less comprehensive, but the context here seems to focus on the idolaters mentioned in the preceding context).

The term najis (unclean/impure) is derived from najasa (to be impure) or qadhura (to be filthy). Al-Layth defined it as anything filthy, whether people or objects. There are different linguistic forms for pluralizing it.

Scholars differed on the meaning of the polytheist being najis:

1. Ibn 'Abbas and Al-Hasan: Reported by the author of Al-Kashshaf, they held that their very essence (a'yānuhum) is impure, like dogs and pigs. Al-Hasan even suggested that whoever shakes hands with a polytheist must perform ablution (Wudu'). This is the view of the leading figure among the Zaydi Imams.
2. The Jurists (Fuqahā'): They unanimously agreed on the physical purity of their bodies.

Analysis of the Conflict: The apparent meaning of the Qur'an suggests they are impure, and one should not deviate from this apparent meaning without a separate, decisive proof. Claiming consensus (Ijmā') on their purity is impossible given the existing disagreement.

Arguments for their Purity (The Majority View): Al-Qadi (Al-Baqillani) argued for their purity based on:

1. The Prophet (PBUH) drank from their vessels.
2. If their physical body were inherently impure, Islam would not remove that impurity upon conversion.

Rebuttals to the Purity Argument: Those who maintain impurity respond:

1. The Qur'an is stronger evidence than a solitary narration (Khabar al-Wāḥid).
2. Even if the narration about drinking from their vessels is authentic, the permissibility of drinking from their vessels must have preceded the revelation of this verse. This is because:
   • This Surah was revealed late, and interactions (covenants, mixing) with disbelievers were initially permissible but later prohibited by Allah. It is plausible that drinking from their vessels was initially permissible and then prohibited by this verse.
   • The default ruling is the permissibility of drinking from any vessel. If we hold that it was permissible by default, then prohibited by the verse, and then permitted again by the narration, this implies two instances of abrogation (Naskh). If we hold it was permissible by default, the Prophet drank from it by default, and then the prohibition came via the verse, only one instance of abrogation occurs (prohibition), which is preferable.

Rebuttal to the Second Purity Argument (Conversion): Regarding the argument that impurity would not change upon conversion: Those who hold the polytheist body is impure argue that when a disbeliever embraces Islam, they are required to perform Ghusl (ritual bath) to remove the impurity resulting from their state of disbelief.

The Jurists' Interpretation of the Verse (Assuming Physical Purity): The majority of jurists ruled the body of a disbeliever is pure, but they offered different interpretations for the verse's meaning:

1. Ibn 'Abbas and Qatadah: It means they do not perform ritual purification (Ghusl for major impurity or Wudu' for minor impurity).
2. Second View: They are treated as impure in the sense that one must shun them.
3. Third View: Their disbelief, which is an attribute, is likened to impurity clinging to an object.

Conclusion on Interpretation: All these interpretations involve deviating from the apparent meaning without decisive proof.

Abu Hanifa and his companions held that the limbs of a person in a state of minor or major ritual impurity (muhdith) are impure with a legal impurity (hukmiyyah). Based on this, they ruled that the water used for Wudu' or Ghusl becomes impure. Abu Yusuf narrated that it is slightly impure, Al-Hasan ibn Ziyad narrated it is severely impure, while Muhammad ibn Al-Hasan narrated that the used water is pure.

Refutation: The verse {Indeed, the polytheists are only unclean} (using Innamā for restriction) indicates that only the polytheist is impure. Therefore, the view that the limbs of a muhdith are impure contradicts this explicit text. It is astonishing that some reversed the issue, claiming the polytheist is pure while the believer, when in a state of ritual impurity or major impurity, is impure, and that the water used by the greatest Prophets on their limbs is severely impure, while the water used by polytheists on their limbs remains pure and purifying!

The statement of the Prophet (PBUH): "The believer does not become impure, whether alive or dead," confirms the purity of the Muslim's body and aligns with the Qur'an.

Furthermore, rational considerations support this: Muslims agree that if a person praying carries someone in a state of impurity, their prayer is not invalidated. If their wet hand touches the hand of a muhdith, it does not become impure. If the sweat of a muhdith touches their garment, the garment does not become impure. Thus, the Qur'an, the Hadith, and the consensus (Ijmā') all support the purity of the limbs of a person in a state of ritual impurity.

The Counter-Argument and Its Weakness: The basis for the opposing view is that Wudu' is called tahārah (purification), and purification only occurs after prior impurity. This is weak because tahārah is also used to mean the removal of sins and burdens. Allah says regarding the Ahl al-Bayt: {Allah only intends to remove from you the impurity, O people of the House, and to purify you with [complete] purification} (Al-Ahzab: 33), referring to sins. Similarly, regarding Maryam: {Indeed, Allah has chosen you and purified you}, meaning purification from false accusations.

Since it is established that authentic narrations explain Wudu' as purification of the limbs from sins and burdens, why should we contradict this and adopt a view that invalidates the Qur'an, Hadith, and established consensus?

Scholars differed on which mosques disbelievers are forbidden from entering:

1. Al-Shafi'i: They are forbidden only from the Sacred Mosque (Al-Masjid al-Haram).
2. Malik: They are forbidden from all mosques.
3. Abu Hanifa: They are not forbidden from the Sacred Mosque or any other mosque.

The verse explicitly refutes Abu Hanifa's view. Its implied meaning (mafhūm) refutes Malik's view (if the prohibition is specific to the Sacred Mosque, then the default ruling for others remains permissibility unless explicitly contradicted). We hold that the default is non-prohibition, but this explicit text necessitates prohibition from the Sacred Mosque.

Scholars debated whether the term refers only to the structure of the Mosque or the entire Sanctuary (Al-Haram). The latter is more likely.

Evidence: The context of fearing poverty ({And if you fear poverty...}) suggests the prohibition affects trade. The fear of destitution would arise if they were barred from the markets and seasonal gatherings within the entire Sanctuary area, not just the physical structure of the Mosque itself. This is a strong inference from the verse.

This view is further supported by:

1. The verse regarding the Night Journey: {Exalted is He who took His Servant by night from the Sacred Mosque to the Al-Aqsa Mosque} (Al-Isra': 1), even though consensus holds the Prophet (PBUH) ascended from the house of Umm Hani' (which is within the Haram boundaries).
2. The Prophet's saying: "Two religions shall not coexist on the Arabian Peninsula."

The Position of Our Scholars (Hanafi School): The Sanctuary (Haram) is forbidden to polytheists even if the Imam is in Mecca. If a polytheist envoy comes to deliver a message, he must wait outside the boundary (Al-Hill) to receive the message. If a polytheist enters the Haram secretly, falls ill, he is removed while sick. If he dies and is buried, and this is discovered, his grave is exhumed, and his bones are removed if possible.

There is no doubt that {after this, their year} refers to the year in which the declaration of dissociation from the polytheists was proclaimed—the ninth year of the Hijra.

Further Analysis of the Consequence of Prohibition

{And if you fear poverty (ʿiyalah)}—ʿiyalah means poverty. The meaning is: If you fear destitution due to preventing the disbelievers [from trade/access], {Allah will enrich you from His bounty}.

1. Muqatil: The people of Jeddah, Sana'a, and Hunayn embraced Islam and brought provisions to Mecca, thus relieving Allah of the need to trade with the disbelievers.
2. Al-Hasan: Allah provided what was collected from the Jizyah (poll tax) as a substitute. Alternatively, He enriched them through the spoils of war (Fay').
3. 'Ikrimah: Allah sent down rain, and their bounty increased.

The statement {Allah will enrich you from His bounty} is a definitive report about a future, major event. Since the event occurred exactly as reported, it serves as a miracle.

One might ask: The purpose of this report is to remove the fear of poverty, yet this condition ({if He wills}) seems to negate that intended effect. The response is threefold:

1. Preventing Reliance: It prevents complete reliance on the outcome, ensuring the believer remains perpetually supplicating to Allah for blessings and the removal of afflictions.
2. Teaching Etiquette: The condition serves to teach proper etiquette, similar to the verse: {You will surely enter the Sacred Mosque, if Allah wills, in safety} (Al-Fath: 27).
3. Indicating Contingency: It alerts us that this outcome (enrichment) does not occur at all times or in every situation. This is similar to Abraham's prayer: {And provide for its people some fruits...} (Al-Baqarah: 126), where the word min (some/of) implies partiality. The phrase {if He wills} here implies that same partiality or contingency.

Finally, {Indeed, Allah is Knowing and Wise}: He is Knowing of your conditions, and Wise; He gives or withholds only based on wisdom and correctness. And Allah knows best.

Verse 29