Al-Tawbah (The Repentance): (91-92) Not upon the weak...

Know that when the Almighty established the warning for those who feign excuses when they have none, He then mentioned those with genuine excuses, clarifying that the divine command for them to participate in warfare (Jihad) is lifted. These excused individuals fall into categories:

The First Category: Those who are physically sound but weak, such as the elderly. Also included are those inherently weak and frail from their original creation. These are the ones intended by the term "the weak" (الضعفاء). The evidence for this is that the verse immediately follows this group with the "sick" (المرضى), and the conjunction implies a distinction. If "the weak" were not understood as those we mentioned (the elderly/inherently frail), they would not be distinct from the sick.

The Sick (المرضى): This includes the blind, the lame, the chronically ill, and anyone afflicted with an illness that prevents them from engaging effectively in combat.

The Third Category: Those who lack the necessary equipment, provisions, and means of transport (الأهبة والزاد والراحلة), meaning those who cannot afford to spend. This is because their presence in the expedition is only beneficial if they can support themselves. If a person lacks personal funds or support from another to assist them, they become a burden (كلا ووبالا) upon the fighters, distracting them from their main objective.

After mentioning these three categories, the Almighty stated: "There is no blame upon these" (لا حرج على هؤلاء). This means it is permissible for them to stay behind from the expedition. The verse does not state that it is forbidden for them to go out; for if one of these individuals goes out to assist the fighters to the extent of their ability—whether by guarding their belongings or by increasing their numbers—provided they do not become a burden, this act is considered an accepted act of obedience.

Furthermore, the Almighty stipulated a specific condition for the permissibility of this exemption: "when they are sincere to Allah and His Messenger" (إذا نصحوا لله ورسوله). This means that if they remain in the town, they must refrain from spreading rumors (الأراجيف) and inciting sedition. They should strive to convey good to the fighters who have traveled, perhaps by managing the affairs of their households or by relaying pleasant news from their families to them. All these actions serve as a form of assistance for Jihad.

Then the Almighty said: "There is no way against the doers of good" (ما على المحسنين من سبيل).

There is consensus that this statement implies they bear no sin for remaining behind from Jihad. However, there is a difference of opinion on whether its scope is general in all respects.

1. Some argued that the wording is restricted to this specific meaning because the verse was revealed concerning them (the excused).
2. Others argued that the consideration is the generality of the wording, not the specificity of the occasion. The "doer of good" (المحسن) is one who performs good deeds. The head and master of the doors of good is the declaration: "There is no god but Allah" (لا إله إلا الله). Whoever utters and believes this statement is a Muslim.

The statement "There is no way against the doers of good" implies the negation of accountability for all Muslims. In its generality, it dictates that the default state for every Muslim is the acquittal of responsibility (براءة الذمة), meaning no one has a claim against them regarding their person or property, except by a separate, explicit proof. Thus, the default is the sanctity of their person (prohibiting killing) except by a separate proof, and the sanctity of their property (prohibiting seizure) except by a separate proof. Furthermore, no obligations are directed toward them except by a separate proof.

By this path, this verse becomes an established foundational principle (أصلا معتبرا) in the Sharia for affirming the original state of acquittal. If a specific text arrives indicating a specific ruling for a specific incident, we prioritize the specific text over the general one. Otherwise, this text is sufficient to establish the original acquittal.

Some use this verse to argue against Analogy (Qiyas). They argue: This text proves that the default is the acquittal of responsibility and the absence of obligation or imposition. If Qiyas suggests acquittal, it is futile because acquittal is already established by this text. If Qiyas suggests obligation (شغل الذمة), then that Qiyas would be a specification (تخصيص) of the generality of this text, which is impermissible, as the text is stronger than Qiyas.

They argue that this method keeps the Sharia regulated, known, and concise, far from endless confusion and disagreement. They liken it to a Sultan sending an administrator to govern a province, telling him: "My obligations upon you and the people of that kingdom are X, Y, and Z (mentioning a hundred types of obligations, for example). After these obligations, no one has any claim against them." This explicitly states that no obligation exists beyond those hundred mentioned types. If the Sultan were required to specify the negation of every other obligation in detail, it would be impossible, as the realm of negation is endless. It suffices for the Sultan to say: "No one has a claim against anyone except in what I have mentioned and detailed."

Similarly, when the Almighty said: "There is no way against the doers of good," this implies that no claim can be directed against anyone. Then, the Almighty mentioned a thousand obligations (or more or less) in the Quran. This serves as an explicit statement that obligations are confined to those mentioned thousand items. Beyond them, Allah has no command, prohibition, or obligation upon creation. By this method, the Sharia becomes regulated, easy to manage, and highly supportive. The Quran becomes sufficient in explaining obligations and rulings, fulfilling the verse: "This day I have perfected for you your religion" (Al-Ma'idah: 3), and fulfilling the verse: "to clarify to the people what was sent down to them" (An-Nahl: 44). Consequently, there is absolutely no need to resort to Qiyas for any ruling whatsoever. This is the position adopted by the Zahiris (literalists) like Dawud al-Isfahani and his followers in establishing this principle.

Know that after the Almighty mentioned the weak, the sick, and the poor, and clarified that they are permitted to stay behind from Jihad provided they are sincere to Allah and His Messenger and are considered doers of good, and that no way lies against them, He then mentioned a fourth category of the excused:

"Nor against those who, when they came to you to be carried, you said, 'I find nothing to carry you upon,' they turned back while their eyes overflowed with tears of grief" (ولا على الذين إذا ما أتوك لتحملهم قلت لا أجد ما أحملكم عليه تولوا وأعينهم تفيض من الدمع حزنا).

If it is asked: Are these not included under "Nor against those who find nothing to spend" (ولا على الذين لا يجدون ما ينفقون)? What is the benefit of repeating them?

We reply: Those who "find nothing to spend" are the poor who lack even the means for sustenance. These individuals mentioned in the final verse are those who possessed enough for sustenance but lacked a mount (المركوب).

The commentators mentioned several reasons for the revelation of this verse:

1. Mujahid said: They were three brothers: Ma'qal, Suwayd, and an-Nu'man, sons of Muqarrin. They asked the Prophet (peace be upon him) to provide them with mounts, specifically worn leather sandals or patched shoes. The Prophet (PBUH) said, "I do not find what I can carry you upon." They turned away weeping.
2. Al-Hasan said: It was revealed concerning Abu Musa al-Ash'ari and his companions. They came to the Messenger of Allah (PBUH) asking for transport. This coincided with a moment of anger from the Prophet (PBUH), so he said, "By Allah, I will not carry you, nor do I find what I can carry you upon." They turned away weeping. Then the Messenger of Allah (PBUH) called them back and gave them some of the best camels. Abu Musa asked, "Did you not swear an oath, O Messenger of Allah?" He replied, "As for me, if Allah wills, I will not swear an oath and then see something better than it, except that I will do what is better and make expiation for my oath."
3. Ibn Abbas (may Allah be pleased with him) narrated: They asked him to carry them on beasts of burden, and the Prophet (PBUH) said, "I do not find what I can carry you upon," because the journey was long, and a man needs two camels: one to ride and one to carry his water and provisions.

The author of Al-Kashshaf said regarding the phrase "their eyes overflowed with tears of grief" (تفيض من الدمع حزنا): It is like saying "it overflowed with tears" (تفيض دمعا), but it is more emphatic, as if the entire eye is imagined as overflowing liquid grief.

**7 < { The way lies only against those who ask exemption from you while they are rich. They are content to be with those who remain behind, and Allah has set a seal upon their hearts, so they do not know. * They will make excuses to you when you return to them. Say, "Make no excuses for us; we will never believe you. Allah has informed us of your news. And Allah will see your deeds, and so will His Messenger. Then you will be returned to the Knower of the unseen and the witnessed, and He will inform you of what you used to do." } > 7

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