4:83 An-Nisaa (The Women)

هذا تأديب من الله لعباده عن فعلهم هذا غير اللائق. وأنه ينبغي لهم إذا جاءهم أمر من الأمور المهمة والمصالح العامة ما يتعلق بالأمن وسرور المؤمنين، أو بالخوف الذي فيه مصيبة عليهم أن يتثبتوا ولا يستعجلوا بإشاعة ذلك الخبر، بل يردونه إلى الرسول وإلى أولي الأمر منهم، أهلِ الرأي: والعلم والنصح والعقل والرزانة، الذين يعرفون الأمور ويعرفون المصالح وضدها. فإن رأوا في إذاعته مصلحة ونشاطا للمؤمنين وسرورا لهم وتحرزا من أعدائهم فعلوا ذلك. وإن رأوا أنه ليس فيه مصلحة أو فيه مصلحة ولكن مضرته تزيد على مصلحته، لم يذيعوه، ولهذا قال: { لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ } أي: يستخرجونه بفكرهم وآرائهم السديدة وعلومهم الرشيدة. وفي هذا دليل لقاعدة أدبية وهي أنه إذا حصل بحث في أمر من الأمور ينبغي أن يولَّى مَنْ هو أهل لذلك ويجعل إلى أهله، ولا يتقدم بين أيديهم، فإنه أقرب إلى الصواب وأحرى للسلامة من الخطأ. وفيه النهي عن العجلة والتسرع لنشر الأمور من حين سماعها، والأمر بالتأمل قبل الكلام والنظر فيه، هل هو مصلحة، فيُقْدِم عليه الإنسان؟ أم لا،فيحجم عنه؟ ثم قال تعالى: { وَلَوْلَا فَضْلُ اللَّهِ عَلَيْكُمْ وَرَحْمَتُهُ } أي: في توفيقكم وتأديبكم، وتعليمكم ما لم تكونوا تعلمون، { لَاتَّبَعْتُمُ الشَّيْطَانَ إِلَّا قَلِيلًا } لأن الإنسان بطبعه ظالم جاهل، فلا تأمره نفسه إلا بالشر. فإذا لجأ إلى ربه واعتصم به واجتهد في ذلك، لطف به ربه ووفقه لكل خير، وعصمه من الشيطان الرجيم.

وقوله "وإذا جاءهم أمر من الأمن أو الخوف أذاعوا به" إنكار على من يبادر إلى الأمور قبل تحققها فيخبر بها ويفشيها وينشرها وقد لا يكون لها صحة. وقد قال مسلم في مقدمة صحيحه: حدثنا أبو بكر بن أبي شيبة حدثنا علي بن حفص حدثنا شعبة عن حبيب بن عبدالرحمن عن حفص بن عاصم عن أبي هريرة عن النبي صلى الله عليه وسلم قال "كفى بالمرء كذبا أن يحدث بكل ما سمع" وكذا رواه أبو داود في كتاب الأدب من سننه عن محمد بن الحسين بن أشكاب عن علي بن حفص عن شعبة مسندا ورواه مسلم أيضا من حديث معاذ بن هشام العنبري وعبد الرحمن بن مهدي وأخرجه أبو داود أيضا من حديث حفص بن عمرو النمري ثلاثتهم عن شعبة عن حبيب عن حفص بن عاصم به مرسلا وفي الصحيحين عن المغيرة بن شعبة أن رسول الله صلى الله عليه وسلم نهى عن قيل وقال: أي الذي يكثر من الحديث عما يقول الناس من غير تثبت ولا تدبر ولا تبين وفي سنن أبو داود أن رسول الله صلى الله عليه وسلم قال "بئس مطية الرجل زعموا" وفي الصحيح "من حدث بحديث وهو يرى أنه كذب فهو أحد الكاذبين" ولنذكر ههنا حديث عمر بن الخطاب المتفق على صحته حين بلغه أن رسول الله صلى الله عليه وسلم طلق نساءه فجاء من منزله حتى دخل المسجد فوجد الناس يقولون ذلك فلم يصبر حتى استأذن على النبي صلى الله عليه وسلم فاستفهمه أطلقت نساءك؟ فقال "لا" فقلت الله أكبر وذكر. الحديث بطوله. وعند مسلم فقلت: أطلقتهن فقال " لا" فقمت على باب المسجد فناديت بأعلى صوتي لم يطلق رسول الله صلى الله عليه وسلم نساءه ونزلت هذه الآية "وإذا جاءهم أمر من الأمن أو الخوف أذاعوا به ولو ردوه إلى الرسول وإلى أولي الأمر منهم لعلمه الذين يستنبطونه منهم" فكنت أنا استنبطت ذلك الأمر ومعنى يستنبطونه أي يستخرجونه من معادنه. يقال: استنبط الرجل العين إذا حفرها واستخرجها من قعورها وقوله "لاتبعتم الشيطان إلا قليلا" قال علي بن أبي طلحة عن ابن عباس يعني المؤمنين. وقال عبدالرزاق عن معمر عن قتادة "لاتبعتم الشيطان إلا قليلا" يعني كلكم واستشهد من نصر هذا القول بقول الطرماح بن حكيم في مدح يزيد بن المهلب. أشم ندي كثير النوادي قليل المثالب والقادحة يعني لا مثالب له ولا قادحة فيه.

The Qur'an is True

Allah commands them to contemplate about the Qur'an and forbids them from ignoring it, or ignoring its wise meanings and eloquent words. Allah states that there are no inconsistencies, contradictions, conflicting statements or discrepancies in the Qur'an, because it is a revelation from the Most-Wise, Worthy of all praise. Therefore, the Qur'an is the truth coming from the Truth, Allah. This is why Allah said in another Ayah,

أَفَلاَ يَتَدَبَّرُونَ الْقُرْءَانَ أَمْ عَلَى قُلُوبٍ أَقْفَالُهَآ

(Do they not then think deeply in the Qur'an, or are their hearts locked up (from understanding it)) Allah then said,

وَلَوْ كَانَ مِنْ عِندِ غَيْرِ اللَّهِ

(Had it been from other than Allah,) meaning, had it been fraudulent and made up, as the ignorant idolators and hypocrites assert in their hearts,

لَوَجَدُواْ فِيهِ اخْتِلَـفاً

(they would surely, have found therein contradictions), discrepancies and inconsistencies,

كَثِيراً

(in abundance). However, this Qur'an is free of shortcomings, and therefore, it is from Allah. Similarly, Allah describes those who are firmly grounded in knowledge,

ءَامَنَّا بِهِ كُلٌّ مِّنْ عِندِ رَبِّنَا

(We believe in it, all of it is from our Lord.)(3:7) meaning, the Muhkam sections (entirely clear) and the Mutashabih sections (not entirely clear) of the Qur'an are all true. So they understand the not entirely clear from the clear, and thus gain guidance. As for those in whose heart is the disease of hypocrisy, they understand the Muhkam from the Mutashabih; thus only gaining misguidance. Allah praised those who have knowledge and criticized the wicked. Imam Ahmad recorded that `Amr bin Shu`ayb said that his father said that his grandfather said, "I and my brother were present in a gathering, which is more precious to me than red camels. My brother and I came and found that some of the leaders of the Companions of the Messenger of Allah ﷺ were sitting close to a door of his. We did not like the idea of being separate from them, so we sat near the room. They then mentioned an Ayah and began disputing until they raised their voices. The Messenger of Allah ﷺ was so angry that when he went out his face was red. He threw sand on them and said to them,

«مَهْلًا يَا قَوْمِ، بِهَذَا أُهْلِكَتِ الْأُمَمُ مِنْ قَبْلِكُمْ، بِاخْتِلَافِهِمْ عَلى أَنْبِيَائِهِمْ، وَضَرْبِهِمِ الْكُتُبَ بَعْضَهَا بِبَعْضٍ، إِنَّ الْقُرْآنَ لَمْ يَنْزِلْ يُكَذِّبُ بَعْضُهُ بَعْضًا، إِنَّمَا يُصَدِّقُ بَعْضُهُ بَعْضًا، فَمَا عَرَفْتُمْ مِنْهُ فَاعْمَلُوا بِهِ، وَمَا جَهِلْتُمْ مِنْهُ فَرُدُّوهُ إِلى عَالِمِه»

(Behold, O people! This is how the nations before you were destroyed, because of their disputing with their Prophets and their contradicting parts of the Books with other parts. The Qur'an does not contradict itself. Rather, it testifies to the truth of itself. Therefore, whatever of it you have knowledge in, then implement it, and whatever you do not know of it, then refer it to those who have knowledge in it. )" Ahmad recorded that `Abdullah bin `Amr said, "I went to the Messenger of Allah ﷺ one day. When we were sitting, two men disputed about an Ayah, and their voices became loud. The Prophet said,

«إِنَّمَا هَلَكَتِ الْأُمَمُ قَبْلَكُمْ بِاخْتِلَافِهِمْ فِي الْكِتَاب»

(Verily, the nations before you were destroyed because of their disagreements over the Book.) Muslim and An-Nasa'i recorded this Hadith.

The Prohibition of Disclosing Unreliable and Uninvestigated News

Allah said,

وَإِذَا جَآءَهُمْ أَمْرٌ مِّنَ الاٌّمْنِ أَوِ الْخَوْفِ أَذَاعُواْ بِهِ

(When there comes to them some matter touching (public) safety or fear, they make it known (among the people);) chastising those who indulge in things before being sure of their truth, disclosing them, making them known and spreading their news, even though such news might not be true at all. In the introduction to his Sahih, Imam Muslim recorded that Abu Hurayrah said that the Prophet said,

«كَفَى بِالْمَرْءِ كَذِبًا أَنْ يُحَدِّثَ بِكُلِّ مَا سَمِع»

(Narrating everything one hears is sufficient to make a person a liar.) This is the same narration collected by Abu Dawud in the section of Adab (manners) in his Sunan. In the Two Sahihs, it is recorded that Al-Mughirah bin Shu`bah said that the Messenger of Allah ﷺ prohibited, "It was said," and, "So-and-so said." This Hadith refers to those who often convey the speech that people utter without investigating the reliability and truth of what he is disclosing. The Sahih also records,

«مَنْ حَدَّثَ بِحَدِيثٍ وَهُوَ يُرَى أَنَّهُ كَذِبٌ، فَهُوَ أَحَدُ الْكَاذِبَيْن»

(Whoever narrates a Hadith while knowing it is false, then he is one of the two liars (who invents and who spreads the lie).) We should mention here the Hadith of `Umar bin Al-Khattab collected in the Two Sahihs. When `Umar was informed that the Messenger of Allah ﷺ divorced his wives, he came from his house, entered the Masjid and found the people talking about this news. He could not wait and went to the Prophet to ask him about what had truly happened, asking him, "Have you divorced your wives" The Prophet said, "No." `Umar said, "I said, Allahu Akbar..." and mentioned the rest of the Hadith. In the narration that Muslim collected, `Umar said, "I asked, `Have you divorced them' He said, `No.' So, I stood by the door of the Masjid and shouted with the loudest voice, `The Messenger of Allah ﷺ did not divorce his wives.' Then, this Ayah was revealed,

وَإِذَا جَآءَهُمْ أَمْرٌ مِّنَ الاٌّمْنِ أَوِ الْخَوْفِ أَذَاعُواْ بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُوْلِى الاٌّمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ

(When there comes to them some matter touching (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly).) So I properly investigated that matter." This Ayah refers to proper investigation, or extraction of matters from their proper resources. Allah's statement,

لاَتَّبَعْتُمُ الشَّيْطَـنَ إِلاَّ قَلِيلاً

(you would have followed Shaytan except a few of you. ) refers to the believers, as `Ali bin Abi Talhah reported from Ibn `Abbas.

And when there comes to them an issue news concerning the raiding parties sent by the Prophet s and what has happened to them be it of security through victory or of fear through defeat they broadcast it they make it widely-known this was revealed regarding a group from among the hypocrites or from among the feeble believers who used to do this and so the hearts of the believers would lose courage and the Prophet s would become distressed. If they had referred it the news to the Messenger and to those in authority among them that is the judicious elders among the Companions in other words if they had kept quiet about it until they were fully informed; those among them who are able to think it out those who follow it up and seek knowledge of it the ones who broadcast it would have known it and whether it is a matter that ought be broadcast or not from them from the Prophet s and those of authority. And but for the bounty of God to you through Islam and His mercy to you through the Qur’ān you would surely have followed Satan in the abominations to which he commands you except a few of you.

Commentary

The Background of Revelation

According to Sayyidna Ibn ` Abbas, Dahhak and Abu Mu'adh ؓ the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ (And when there comes to them a matter about peace or fear, they spread it) was revealed about the hypocrites; and, according to Sayyidna Hasan and many others, this verse was revealed about weak Muslims (Ruh a1-Ma` ani).

After having reported events relating to this verse, the famous commentator, Ibn Kathir (رح) has stressed on the importance of referring to the hadith of Sayyidna ` Umar ibn al-Khattab ؓ ، while considering the background in which this verse was revealed. According to this, when Sayyidna ` Umar ؓ heard that the Holy Prophet ﷺ has divorced his wives, he left his house heading for the Masjid. While still at its door steps, he heard that people inside there were also talking about the matter. Seeing this, he said that this was something which must first be investigated. So, he went to the Holy Prophet ﷺ and asked him if he had divorced his wives. He said, "No." Sayyidna ` Umar ؓ says, "After having found out the truth of the matter, I returned to the Masjid and, standing on the door, I made an announcement that the Holy Prophet ﷺ has not divorced his wives. Whatever you are saying is wrong." Thereupon, the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ was revealed (Tafsir Ibn Kathir).

To spread rumours, without verification

This verse tells us that hearsay should not be repeated without prior investigation into its credibility. Thus, in a hadith, the Holy Prophet ﷺ said: کَفَی بالمرء کذبا أن یحدث بکل ماسمع ' It means that 'for a man to be a liar, it is enough that he repeats everything he hears without first verifying its truth'. In another hadith, he said: مَن حَدَثَ بحدیث و ھو یری انہ کذب فھو احد الکاذبین . It means: 'Whoever relates something he thinks is a lie, then, he too is one of the two liars (Tafsir Ibn Kathir).

Who are "those in authority'?

Let us now determine the meaning of two expressions appearing in the sentence: وَلَوْ رَ‌دُّوهُ إِلَى الرَّ‌سُولِ وَإِلَىٰ أُولِي الْأَمْرِ‌ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ ; which has been translated as: 'and had they referred it to the Messenger and to those in authority among them, those of them who were to investigate it would have certainly known it (the truth of the matter).' Literally, the later word,إستنباط "istinbat" here refers to the act of drawing out water from the depth of a well. When a well is dug, the water that oozes out first is called mustambat water. But, the usage in this context means to get to the bottom of something and find out the truth of the matter. (Qurtubi)

As for the correct signification of the expression: اولو الامر (those in authority), positions taken by scholars vary. Sayyidna Hasan, Qatadah and Ibn Abi Laila, may Allah have mercy on them, say that this refers to Muslim scholars and jurists (علماء و فقھاء). Al-Suddi says that it means rulers and officials (اُمراء و حُکام). After reporting both these statements, Abu Bakr al-Jassas takes a general view and maintains that the expression means both, which is the correct approach, because أُولِي الْأَمْرِ‌ applies to all of them. However, some scholars doubt the possibility that أُولِي الْأَمْرِ‌ could refer to Muslim jurists فُقھاء) ) because أُولِي الْأَمْرِ‌ in its literal sense, means people whose orders are carried out administratively. Obviously, this is not what the Muslim jurists فُقھاء) ) do. Let us look at the reality of the thing. The implementation of authority takes two forms. Firstly, it can be done by using force, coercion and oppression. This is something which can only be done by those in authority. The second from of obedience to authority comes from reliance and trust, and that stands reposed in revered Muslim jurists (فُقھاء) only, a demonstration of which has been all too visible in the lives of Muslims-in general in all ages where the general body of Muslims have been, by their own free will and choice, taking the decision and authority of religious scholars (عُلَمَاء ) as the mandatory mode of action in all matters of religion. Then, according to the percepts of the Shari’ ah, obedience to rules set by them is obligatory (wajib) on them as such. So, given this reason, the application of the term أُولِي الْأَمْرِ (those in authority) to them as well is correct. (al-Ahkam a1-Qur'an by al Jassas)

Details on this subject have already appeared under the commentary on verse: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ وَأُولِي الْأَمْرِ‌ مِنكُمْ (Say, "Obey Allah and obey the Messenger and those in authority among you - 4:59).

Qiyas and Ijtihad in modern problems

From this verse, we find out that rulings on problems not specifically mentioned in the authoritative texts (technically, nass) of the Holy Qur'an or Sunnah will be deduced in the light of the Qur'an using the principle of Ijtihad and Qiyas because this verse carries the command to turn to the Holy Prophet ﷺ for the resolution of any new problems - if he is present at that time. And if he is not present, the command is to turn to religious scholars and jurists of the Muslim community (عُلَمَاء وفُقَھَاء), because they have the required ability to extract and formulate religious injunctions from the authoritative texts of the Qur'an and Hadith.

Points of guidance, which emerge from the statement made above are:

1. In the absence of nass, explicit textual authority from the Qur'an and Hadith, the course of action is to turn to Fuqaha, and ` Ulama' (Muslim jurists and scholars)

2. The injunctions given by Allah are of two kinds. Some of them are there in the form of explicit textual imperatives (mansus and sarih). Then, there are some others which are not explicit and carry meanings which are hidden in the depths of the verses as willed by Allah in his infinite wisdom

3. It is the duty of the ` Ulama' (religious scholars) to extract and formulate such meanings through the established methodology of Ijtihad and Qiyas.

4. For the great masses of Muslims, it is necessary that they should follow the guidance given by the ` Ulama' in such problems. (Ahkam al-Qur'an by al-Jasas)

The Prophetic function of deducing injunctions

The statement: مِنھُم لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ : those of them who were to investigate it would have certainly known it (the truth of the matter), shows that the Holy Prophet ﷺ too was obligated to the percept of extracting formulating and reasoning out with proofs all injections that needed to be so handled. This is so because earlier in the verse the command was to turn towards two sources. Firstly, it was to the Holy Prophet ﷺ and secondly, to those in authority ( ( أُولِي الْأَمْرِ‌. After that it was said: لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ.(those of them who were to investigate it would have certainly known it.) And this injunction is general which covers both of the two parties cited above. So, it proves that the Holy Prophet ﷺ was also obligated with the function of deducing injunctions. (Ahkam al-Qur'an by al-Jassas)

An important note

If this verse makes someone suspect or assume that it has no relation with deducing injunctions of Shari’ ah, it does not say anymore than give an instruction to people that they should not indulge in rumour-mongering in situations of peace and fear when faced with an enemy, instead of which, one should turn to the knowledgeable and trustworthy and act in accordance with the advice they give after due deliberation and that it has no connection with juristic or new legal problems.

In order to answer this doubt, it can he said that the sentence: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ ; (And when there comes to them a matter about peace or fear) in this verse makes no mention of an enemy. So, the state of peace and fear is universal. The way it relates to an enemy, so it does with day to day problems as well. This is so because the appearance of a problem before a commoner, a problem about which no textual authority relating to its being lawful or unlawful exists, throws him into a fix and he cannot decide which side to take as both sides hold the probability of gain and loss. The smartest way out devised by the Shari’ ah of Islam in this impasse is that one should turn to those capable of extracting and formulating injunctions and act in accordance with the via media laid out by them. (Abridged from 4km al Qur'n by al-Jassas)

The outcome of Ijtihad

The legal ruling extracted by Muslim jurists (فُقَھَا) from the texts through Istinbat (and Ijtihad) cannot categorically be declared as being the absolute truth in the sight of Allah. Instead of that, the probability always exists that this ruling might as well turn out to be not true. But, of course, what one gains out of it is positive, overwhelming and weightier opinion about its being true and correct, something which is to act upon. (al-ahkam al-Qur'in by al-Jassas and Tafsir Kabir)