28:27 Al-Qasas (The Stories)

{ قَالَ } صاحب مدين لموسى { إِنِّي أُرِيدُ أَنْ أُنْكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ عَلَى أَنْ تَأْجُرَنِي } أي تصير أجيرا عندي { ثَمَانِيَ حِجَجٍ } أي: ثماني سنين. { فَإِنْ أَتْمَمْتَ عَشْرًا فَمِنْ عِنْدِكَ } تبرع منك، لا شيء واجب عليك. { وَمَا أُرِيدُ أَنْ أَشُقَّ عَلَيْكَ } فأحتم عشر السنين، أو ما أريد أن أستأجرك لأكلفك أعمالا شاقة، وإنما استأجرك لعمل سهل يسير لا مشقة فيه { سَتَجِدُنِي إِنْ شَاءَ اللَّهُ مِنَ الصَّالِحِينَ } فرغبه في سهولة العمل، وفي حسن المعاملة، وهذا يدل على أن الرجل الصالح، ينبغي له أن يحسن خلقه مهما أمكنه، وأن الذي يطلب منه، أبلغ من غيره.

قال: "إني أريد أن أنكحك إحدى ابنتي هاتين" أي طلب إليه هذا الرجل الشيخ الكبير أن يرعى غنمه ويزوجه إحدى ابنتيه هاتين قال شعيب الجبائي وهما صفوريا وليا وقال محمد بن إسحاق صفوريا وشرفا ويقال ليا وقد استدل أصحاب أبي حنيفة بهذه الآية على صحة البيع فيما إذا قال بعتك أحد هذين العبدين بمائه فقال اشتريت أنه يصح والله أعلم وقوله: "على أن تأجرني ثماني حجج فإن أتممت عشرا فمن عندك" أي على أن ترعى غنمي ثماني سنين فإن تبرعت بزيادة سنتين فهو إليك وإلا ففي الثمان كفاية "وما أريد أن أشق عليك ستجدني إن شاء الله من الصالحين" أي لا أشاقك ولا أؤذيك ولا أماريك وقد استدلوا بهذه الآية الكريمة لمذهب الأوزاعي فيما إذا قال بعتك هذا بعشرة نقدا أو بعشرين نسيئة أنه يصح ويختار المشتري بأيهما أخذه صح وحمل الحديث المروي في سنن أبى داود "من باع بيعتين في بيعة فله أوكسهما أو الربا" على هذا المذهب وفي الاستدلال بهذه الآية وهذا الحديث على هذا المذهب نظر ليس هذا موضع بسطه لطوله والله أعلم. ثم قد استدل أصحاب الإمام أحمد ومن تبعهم في صحة استئجار الأجير بالطعمة والكسوة بهذه الآية واستأنسوا في ذلك بما رواه أبو عبدالله محمد بن يزيد بن ماجه في كتابه السنن حيث قال باب استئجار الأجير على طعام بطنه حدثنا محمد ثنا محمد بن المصقي الحمصي حاثنا بقية بن الوليد عن مسلمة بن علي عن سعيد بن أبي أيوب الحارث بن يزيد عن علي بن رباح قال سمعت عتبة بن المنذر السلمي يقول كنا عند رسول الله صلى الله عليه وسلم فقرأ طسم حتى إذا بلغ قصة موسى قال: "إن موسى آجر نفسه ثماني سنين أو عشرة سنين على عفة فرجه وطعام بطنه" وهذا الحديث من هذا الوجه ضعيف لأن مسلمة بن على وهو الخشني الدمشقي البلاطي ضعيف الرواية عند الأئمة ولكن قد روي من وجه آخر وفيه نظر أيضا وقال ابن أبي حاتم حدثنا أبو زرعة حدثنا صفوان حدثنا الوليد حدثنا عبدالله بن لهيعة عن الحارث بن يزيد الحضرمي عن علي بن رباح اللخمي قال سمعت عتبة بن المنذر السلمي صاحب رسول الله صلى الله عليه وسلم يحدث أن رسول الله صلى الله عليه وسلم قال: "إن موسى عليه السلام آجر نفسه بعفة فرجه وطعمة بطنه".

Musa, the Father of the Two Women, and His Marriage to One of Them

When the two women came back quickly with the sheep, their father was surprised that they returned so soon. He asked them what had happened, and they told him what Musa, peace be upon him, had done. So he sent one of them to call him to meet her father. Allah says:

فَجَآءَتْهُ إِحْدَاهُمَا تَمْشِى عَلَى اسْتِحْيَآءٍ

(Then there came to him one of them, walking shyly.) meaning, she was walking like a free woman, as it was narrated from the Commander of the faithful, `Umar, may Allah be pleased with him: "She was covering herself from them with the folds of her garment." Ibn Abi Hatim recorded that `Amr bin Maymun said, `Umar, may Allah be pleased with him, said: "She came walking shyly, putting her garment over her face. She was not one of those audacious women who come and go as they please." This chain of narrators is Sahih.

قَالَتْ إِنَّ أَبِى يَدْعُوكَ لِيَجْزِيَكَ أَجْرَ مَا سَقَيْتَ لَنَا

(She said: "Verily, my father calls you that he may reward you for having watered (our flocks) for us.") This is an example of good manners: she did not invite him directly lest he have some suspicious thoughts about her. Rather she said: "My father is inviting you so that he may reward you for watering our sheep," i.e., give you some payment for that.

فَلَمَّا جَآءَهُ وَقَصَّ عَلَيْهِ الْقَصَصَ

(So when he came to him and narrated the story, ) means, he told him about his story and why he had to leave his country.

قَالَ لاَ تَخَفْ نَجَوْتَ مِنَ الْقَوْمِ الظَّـلِمِينَ

(he said: "Fear you not. You have escaped from the people who are wrongdoers.") He was saying: `calm down and relax, for you have left their kingdom and they have no authority in our land.' So he said:

نَجَوْتَ مِنَ الْقَوْمِ الظَّـلِمِينَ

(You have escaped from the people who are wrongdoers.)

قَالَتْ إِحْدَاهُمَا يأَبَتِ اسْتَـْجِرْهُ إِنَّ خَيْرَ مَنِ اسْتَـْجَرْتَ الْقَوِىُّ الأَمِينُ

(And said one of them: "O my father! Hire him! Verily, the best of men for you to hire is the strong, the trustworthy.") One of the two daughters of the man said this, and it was said that she was the one who had walked behind Musa, peace be upon him. She said to her father:

يأَبَتِ اسْتَـْجِرْهُ

(O my father! Hire him!) as a shepherd to look after the sheep. `Umar, Ibn `Abbas, Shurayh Al-Qadi, Abu Malik, Qatadah, Muhammad bin Ishaq and others said: "When she said:

إِنَّ خَيْرَ مَنِ اسْتَـْجَرْتَ الْقَوِىُّ الأَمِينُ

(Verily, the best of men for you to hire is the strong, the trustworthy.) her father said to her, `What do you know about that' She said to him, `He lifted a rock which could only be lifted by ten men, and when I came back with him, I walked ahead of him, but he said to me, walk behind me, and if I get confused about the route, throw a pebble so that I will know which way to go."' `Abdullah (Ibn Mas`ud) said, "The people who had the most discernment were three: Abu Bakr's intuition about `Umar; the companion of Yusuf when he said, `Make his stay comfortable'; and the companion of Musa, when she said:

يأَبَتِ اسْتَـْجِرْهُ إِنَّ خَيْرَ مَنِ اسْتَـْجَرْتَ الْقَوِىُّ الأَمِينُ

(O my father! Hire him! Verily, the best of men for you to hire is the strong, the trustworthy.)."

إِنِّى أُرِيدُ أَنْ أُنكِحَكَ إِحْدَى ابْنَتَىَّ هَاتَيْنِ

(I intend to wed one of these two daughters of mine to you,) means, this old man asked him to take care of his flocks, then he would marry one of his two daughters to him.

عَلَى أَن تَأْجُرَنِى ثَمَانِىَ حِجَجٍ فَإِنْ أَتْمَمْتَ عَشْراً فَمِنْ عِندِكَ

(on condition that you serve me for eight years; but if you complete ten years, it will be (a favor) from you.) meaning, `on the condition that you tend my flocks for eight years, and if you want to give me two extra years, that is up to you, but if you do not want to, then eight years is enough.'

وَمَآ أُرِيدُ أَنْ أَشُقَّ عَلَيْكَ سَتَجِدُنِى إِن شَاءَ اللَّهُ مِنَ الصَّـلِحِينَ

(But I intend not to place you under a difficulty. If Allah wills, you will find me one of the righteous.) means, `I do not want to put pressure on you or cause you any inconvenience or argue with you.' Ibn Abi Hatim recorded that `Ali bin Rabah Al-Lakhmi said, "I heard `Utbah bin An-Nadar As-Sulami, the Companion of the Messenger of Allah ﷺ narrating that the Messenger of Allah ﷺ said:

«إِنَّ مُوسَى عَلَيْهِ السَّلَامُ آجَرَ نَفْسَهُ بِعِفَّةِ فَرْجِهِ وَطُعْمَةِ بَطْنِه»

(Musa, peace be upon him, hired himself out for the purpose of keeping chaste and to feed himself.) And Allah tells us about Musa, peace be upon him:

قَالَ ذَلِكَ بَيْنِى وَبَيْنَكَ أَيَّمَا الاٌّجَلَيْنِ قَضَيْتُ فَلاَ عُدْوَانَ عَلَىَّ وَاللَّهُ عَلَى مَا نَقُولُ وَكِيلٌ

(He said: "That (is settled) between me and you: whichever of the two terms I fulfill, there will be no injustice to me, and Allah is Surety over what we say.") Musa said to his father-in-law, "The matter is as you say. You have hired me for eight years, and if I complete ten years, that is my choice, but if I do the lesser amount, I will still have fulfilled the covenant and met the conditions." So he said:

أَيَّمَا الاٌّجَلَيْنِ قَضَيْتُ فَلاَ عُدْوَانَ عَلَىَّ

(whichever of the two terms I fulfill, there will be no injustice to me,) meaning, `there will be no blame on me. The complete term is permissible but it is still regarded as something extra.' This is like the Ayah,

فَمَن تَعَجَّلَ فِى يَوْمَيْنِ فَلاَ إِثْمَ عَلَيْهِ وَمَن تَأَخَّرَ فَلا إِثْمَ عَلَيْهِ

(But whosoever hastens to leave in two days, there is no sin on him and whosoever stays on, there is no sin on him) (2:203). And the Messenger of Allah ﷺ said to Hamzah bin `Amr Al-Aslami, may Allah be pleased with him, who used to fast a great deal and who asked him about fasting while traveling:

«إِنْ شِئْتَ فَصُمْ، وَإِنْ شِئْتَ فَأَفْطِر»

(If you wish, then fast, and if you wish, do not fast.) even though it is better to fast, according to the evidence of other reports. And there is evidence which indicates that Musa, peace be upon him, fulfilled the longer of the two terms. Al-Bukhari recorded that Sa`id bin Jubayr said: "A Jew from the people of Hirah asked me; `Which of the two terms did Musa fulfill' I said, `I do not know until I go to the scholar of the Arabs and ask him.' So I went to Ibn `Abbas, may Allah be pleased with him, and asked him. He said: `He fulfilled the longer and better of them, for when a Messenger of Allah ﷺ said he would do a thing, he did it."' This is how it was recorded by Al-Bukhari.

He said ‘I desire to marry you to one of these two daughters of mine either the elder or the younger one on condition that you hire yourself to me that you are employed by me to tend my flock for eight years. And if you complete ten that is the tending of ten years that completion shall be of your own accord. I do not want to be hard on you by making it the marriage conditional on ten years service. God willing — expressed to seek God’s blessing — you shall find me to be one of the righteous’ of those who fulfil their covenants.

Two important conditions for hiring a person, and assigning a job

Allah Ta` ala made the daughter of Sayyidna Shu'aib (علیہ السلام) say something of great wisdom. In the present set up of employment, great emphasis is laid at the time of interviews on scrutinizing the degrees and experience of a candidate, but no attention is paid to ascertain his integrity and trustworthiness. As a result of this, there is neither efficiency nor honesty of purpose in the offices. On the contrary bribery and nepotism are so common that there seems to be no law in operation. If people could pay heed to this Qur'anic verse, many a problems would be solved automatically.

قَالَ إِنِّي أُرِ‌يدُ أَنْ أُنكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ (He (the father) said (to Musa), "I wish to marry one of these two daughters of mine to you on the condition that you serve me for eight years. - 28:27). Sayyidna Shu'aib (علیہ السلام) made the proposal of marriage of his daughter to Musa (علیہ السلام) on his own. It shows that the guardian of girls need not wait for the proposal to come from the boy's side. If a suitable good match is available, the girl's guardian may take the lead, for this has been the practice of the prophets. To quote an example, Sayyidna ` Umar Ibn Khattab ؓ had offered his daughter, Sayyidnh Hafsah ؓ for marriage to Sayyidna Abu Bakr ؓ and to Sayyidna ` Uthman ؓ when she became widow. (Qurtubi)

إِحْدَى ابْنَتَيَّ هَاتَيْنِ (one of these daughters of mine 28:27). Sayyidna Shu'aib (علیہ السلام) did not make the selection of one or the other girl for the proposal of marriage, rather he kept it vague. It was not the formal nikah, that requires offer and acceptance in presence of two witnesses, but only a discussion to have his consent to work for eight years in lieu of marriage with a girl. Sayyidna Musa (علیہ السلام) agreed to the proposal, and got married to one of the girls. The Holy Qur'an does not describe every detail of a story, the happening of which is obvious from the context. Therefore, it cannot be doubted here that without pinpointing the bride and without the presence of witnesses how the nikah was solemnized. (Ruh, Bayan ul Qur’ an)

عَلَىٰ أَن تَأْجُرَ‌نِي ثَمَانِيَ حِجَجٍ (on the condition that you serve me for eight years - 28:27). Eight years service and employment was regarded the mahr (dower) (the dower) of marriage. Scholars have different points of view on the issue, whether a service rendered to one's wife can be taken as a valid mahr (dower) or not. The subject is dealt with in detail in Ahkamul-Qur'an in Arabic language, under Surah Al-Qasas. Those who are interested can study the details there. For the common man it is enough to understand that if it is not allowed in the Muhammadi law, it might have been permitted in the code of law followed by Shu'aib (علیہ السلام) . It is not uncommon to have minor differences in the laws (Shari’ ah) brought by various prophets.

Imam Abu Hanifah (رح) has ruled in his Zahir-ur-Riwayah that the service rendered for one's wife cannot be considered as a valid mahr (dower). But in a later ruling by the scholars it is elaborated that though it is against the honour and dignity of husband to serve his wife in lieu of mahr (dower), but any duty performed outside the house, such as grazing of cattle or trading, can be made a substitute for it, provided a time frame is agreed upon before hand, as was in the case of Sayyidna Musa, where the parties had agreed before hand on eight years period of service. The reason is that the remuneration of the husband payable by his wife in this case will be treated as mahr (dower). (Bada` i', from Nawadir Ibn Sama` ah).

Another question that arises here is that the mahr (dower) is the right of wife, and if it is paid to her father or any other relative without her consent, it will be taken as not paid. In this incident the words أَن تَأْجُرَ‌نِي are a proof enough that Shu'aib (علیہ السلام) had hired him for his duty. So, the benefit of service went to him. In that situation how could this be regarded as mahr (dower) of the wife? The answer to this question is that it is quite probable that the herd of goats was the property of the girls, and therefore, the benefit of service went to his wife. Alternatively, if the goats belonged to the father and the wages were due from him, then the money of the wages payable by the father belonged to the wife, as her mahr (dower). It is lawful for a father to spend the money of his daughter with her permission. It is quite obvious that this whole deal was carried out with the consent of the girl.

Ruling

The word أُنكِحَكَ (I wish to marry...with you) has proved that the father had arranged the nikah. Jurists are unanimous that it should be done as such. It is the father's duty and privilege to make arrangements of daughter's marriage. A girl should not arrange her own marriage. But there is difference of opinion between jurists on the issue whether the nikah is lawful or not, if a girl arranges her own marriage due to some need or pressure. Imam Abu Hanifah (رح) has ruled that it is lawful. However, this verse is silent on the issue.