Commentary
These are the last four verses of Surah Al-Anfal. The real objective therein is to describe the injunctions of Hijrah (Emigration) which relate to the inheritance of Muhajir (Emigrant) Muslims. In contrast, also mentioned there is the inheritance of non-Muhajir Muslims and non-Muslims.
The gist of these injunctions is that people who fall under Islamic legal authority are, in the first instance, of two kinds: (1) Muslim (2) Kafir (disbeliever). Then, in terms of that period of time, Muslims were of two kinds: (1) Muhajir, those who after hijrah becoming obligatory, had left Makkah and had settled in Madinah. (2) Non-Muhajir, those who had, for a valid reason or for some other reason, stayed behind in Makkah itself.
Mutual relationship was a common factor among individuals from all these kinds because, during the early period of Islam, it was quite common that a son would be Muslim while the father would be a Kafir, or a father would be Muslim while his son would be a Kafir. The same was true about other relationships, such as, brothers, nephews, maternal grandfathers and maternal uncles etc. And that there were mutual relationships among Muhajir and non-Muhajir Muslims is fairly obvious.
Allah Ta` ala has, in His perfect mercy and profound wisdom, declared that the wealth and property left by the deceased person belongs to his or her own relatives as its deserving recipients. Although, the initial reality was that whoever received anything during this mor-tal life was entirely owned and possessed by Allah Ta` ala in the real sense. It was a simple arrangement from Him that everyone was made, on His behalf, a temporary owner of what was given to man to use for a lifetime and drive benefit from it. Therefore, by all cannons of logic, reason and justice the inheritance of every deceased person should have ricocheted back into His ownership - the practical implementation of which was to have it placed in the Public Treasury of the Islamic State which serves the great masses of people created by Allah by fulfilling their multi-faceted developmental needs. But, in doing so, first of all everyone would have been naturally hurt to find out that, after death, one's wealth and property will not reach one's own children, nor to parents, nor to wife or husband. Then, its logical consequence was also somewhat equally natural - that no one would have cared to work for more and take steps to keep it preserved. In other words, no one would have been burning his feet to work for more than what was needed to collect just about enough to take care of the basic needs of his or her life. And it is obvious that this attitude to life would have meant disaster for all human beings and their cities.
Therefore, Allah Jalla thana'uh, made inheritance the right of relatives among human beings, specially relatives for whose benefit one has been working hard and putting financial assets together during the course of one's life.
Along with it, while instituting the distribution of inheritance, Is1am has also kept in sight the important objective for which human beings were created, that is, the obedience to and worship of Allah Ta` ala - and it was in terms of this objective that the entire human species was declared to be two separate peoples or nations: Believers and Disbelievers. The verse of the Qur'an: خَلَقَكُمْ فَمِنكُمْ كَافِرٌ وَمِنكُم مُّؤْمِنٌ (It is He who created you, then, among you there is a disbeliever and among you there is a believer - AI-Taghabun, 64:2) means exactly this.
This two-nation theory severed relationships based on lineage and kinship as far as it concerned inheritance stipulating that neither shall a Muslim receive a share from the inheritance of a related disbeliever, nor shall a Kafir have any right in the inheritance of a Muslim relative. This is the subject stated in the first two verses (72, 73) and the injunction given therein is forever, was never abrogated and has continued to be Islam's basic principle of inheritance since its very beginning and shall remain operative right through the day of Qiyamah.
Allied with it, there is another injunction which concerns mutual inheritance between Muhajir and non-Muhajir Muslims about which it has been stated in the first verse that the relationship of a Muslim - until he emigrates from Makkah - shall also remain severed with Muslims who have emigrated, as far as inheritance is concerned. In this case, no Muhajir Muslim shall inherit his or her non-Muhajir relative, nor shall a non-Muhajir receive any share from the inheritance of a Muhajir Muslim. As obvious, this injunction was valid upto the time Makkah al-Mukarramah was still unconquered. After the Conquest of Makkah, the Holy Prophet ﷺ had himself declared: لَا ھِجرَۃَ بعد اَلفَتح (la hijrata ba` d al-fath : There is no hijrah after the Conquest). It means that after the Conquest of Makkah the obligation of Hijrah does not remain operative any more, and when the obligation of Hijrah itself ceases to be operative any more, the question of severance of relationships with those who did not migrate stands automatically terminated.
Therefore, most commentators have said that this injunction stands abrogated by virtue of the Conquest of Makkah while, according to investigative scholars of the field, this injunction too is everlasting and un-abrogated - but that it has changed under specific conditions. If conditions in which this injunction was sent at the time of the revelation of the Qur'an were to reappear at some period of time or in some country, then, the same injunction will come into force once again.
To explain it further, it can be said that, before the Conquest of Makkah, every Muslim man and woman was obligated to migrate from Makkah as an absolute duty. In obedience to this injunction, most Muslims - with the exception of only a few - had migrated from Makkah to Madinah. At that time, not migrating from Makkah had become a sign of not being a Muslim. Therefore, at that time, Islam as professed by a non-Muhajir was also taken to be doubtful and it was for this reason that mutual inheritance between Muhajir and non-Muhajir was severed.
Now, if the same conditions were to re-emerge in some country once again - that it becomes totally impossible to fulfill Islamic obligations while living there - then, emigrating from that country will become obligatory once again, so much so that not emigrating under such conditions without a strong excuse, becomes a doubtless sign of disbelief, then, the same injunction shall still apply, that is, mutual inheritance between Muhajir and non-Muhajir shall not remain operative any more. This presentation, it is hoped, makes it clear that the injunction relating to the severance of mutual inheritance between Muhajir and non-Muhajir is really no separate injunction. In fact, it is the very same first injunction which describes the severance of inheritance between Muslim and non-Muslim. The only difference is that a non-muhajir in such a case was though deprived from the inheritance because of this sign of disbelief, yet he was not classed as a disbeliever just on the basis of this much sign of disbelief - unless, of course, one was to betray open, clear and decisive proof of one's Kufr or disbelief.
And perhaps, it is in view of this expedient consideration that yet another injunction relating to non-Muhajir Muslims has been mentioned at this place. This injunction specifies that, should they ask for help from Muhajir Muslims, then, it is necessary for Muhajir Muslims to help them - so that it becomes clear that they have not placed non-Muhajir Muslims in the category of outright disbelievers, in fact, retained was their Islamic right that they be helped when in need.
And since the background of the revelation of this verse is a particular Hijrah - that from Makkah to Madinah - while non-Muhajir Muslims were only those who had stayed back in Makkah threateningly surrounded by the disbelievers of Makkah, it is obvious that the help they sought could only be against the same disbelievers of Makkah. However, when the Holy Qur'an ordered Muhajir Muslims to help them out, then, given a surface view of things, it could be deduced from here that helping them has been made necessary for Muslims against all peoples and under all conditions - even if, the people against whom help is sought already have a no-war pact with Muslims - although, doing justice and upholding pledges is a serious duty in Is-lam. Therefore, in this verse, an exempting rule was mentioned according to which, should non-Muhajir Muslims seek help from Muhajir Muslims against a people with whom Muslims already have a no-war pact, then, helping even brother Muslims against treaty-covered disbelievers is not permissible.
This was the essential meaning of the first two sentences. Now let us look at it in synchronization with the words. It is being said:
إِنَّ الَّذِينَ آمَنُوا وَهَاجَرُوا وَجَاهَدُوا بِأَمْوَالِهِمْ وَأَنفُسِهِمْ فِي سَبِيلِ اللَّـهِ وَالَّذِينَ آوَوا وَّنَصَرُوا أُولَـٰئِكَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ ۚ وَالَّذِينَ آمَنُوا وَلَمْ يُهَاجِرُوا مَا لَكُم مِّن وَلَايَتِهِم مِّن شَيْءٍ حَتَّىٰ يُهَاجِرُوا
that is: "Those who believed and those who emigrated (for the sake of Allah, leaving their homeland and relatives behind) and carried out Jihad in the way of Allah with their wealth and lives (by buying weapons and other war materials with their wealth and by staking their lives in the line of duty on the battlefield - which refers to the original Emigrants, the first among Muhajirs) and those who gave refuge and help (which refers to the Ansar of Madinah, the supporting residents of Madinah, where-after it was said about the two parties) --- those are friends to each other. (Then, it was said:) And those who did believe but did not emigrate, with them you have no friendship at all unless they emigrate.
At this place, the Holy Qur'an has used the words: Waliyy and Wilayah which mean friendship and close relations in the real sense. Early Tafsir authorities, Sayyidna Ibn ` Abbas, Hasan, Qatadah, Mujahid and others have said that Wilayah at this place means Wirathah or inheritance while Waliyy means Warith or inheritor. Nevertheless, some others have taken Wilayah in the usual lexical sense, that is, friendship, help and support.
According to the first Tafsir, the verse would mean that Muslim Muhajir and Ansar shall be inheritors to each other. Their bond of inheritance shall not remain operative either with non-Muslims or with particular Muslims who did not emigrate. The first injunction, that is, severance of inheritance on the basis of difference in religion, was forever and remained as such. But, as for the second injunction, the position was that after the Conquest of Makkah, when Hijrah was no more needed, the injunction of severance of inheritance between the categories of Muhajir and non-Muhajir also did not remain operative any more. From here, some Muslim jurists have deduced that the way difference in religion is a cause of severance of inheritance, similarly, the difference in homelands is also the cause of severance of inheritance. A detailed discussion on this subject appears in books of Islamic Fiqh.
After that, it was said: وَإِنِ اسْتَنصَرُوكُمْ فِي الدِّينِ فَعَلَيْكُمُ النَّصْرُ إِلَّا عَلَىٰ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ ۗ وَاللَّـهُ بِمَا تَعْمَلُونَ بَصِيرٌ
(And if they seek your help in the matter of faith, then, you are bound to help except against a people who have a treaty between you and them. And Allah is watchful over what you do - 72). The sense of the statement is that people who have not migrated, relationship with them has though been terminated as far as inheritance is concerned, yet they are Muslims after all. If they seek help from Muhajir Muslims to safeguard their faith, then, to help them is obligatory on them. But, when doing so, Muhajir Muslims should not surren-der rules of justice and their own fidelity to an existing treaty when a situation comes in which non-emigrating Muslims were to seek the help of Muhajir Muslims against a people with whom they already have a no-war pact. If so, even helping these Muslims against the peace pact party is not permissible.
A similar incident came to pass at the time of the Peace Treaty of Hudaibiyah. When the Holy Prophet ﷺ arrived at a peace arrangement with the disbelievers of Makkah and included in the terms of peace was the condition that the Holy Prophet ﷺ would repatriate anyone who went to Madinah thereafter. Just at the time the peace treaty was being concluded, somehow there appeared Sayyidna Abu Jandal ؓ whom the disbelievers of Makkah had put in detention where he was being tortured in all sorts of ways. He presented himself in person before the Holy Prophet ﷺ told him how oppressed he had been and sought his help. Imagine this plaint was being made before none but him who had come to this world as the universal mercy. What this plaint from an oppressed Muslim would have done to his blessed heart is something everyone cannot realize easily. But, despite this empathy, he excused himself from helping him as bound by the injunction in the said verse, and let him go back.
His return in this manner was heart-rending for all Muslims present on the occasion. But, the blessed Prophet of Islam, guided by Divine words, was as if witnessing the welcome spectacle that the years of oppression were not going to last any longer and the reward of a few more days of patience was to be added to the destiny of Sayyidna Abu Jandal ؓ . Then Makkah will soon be conquered. Then all these problems were going to be all over. Still, at that time, the Holy Prophet ﷺ acted in accordance with the command of the Qur'an and preferred treaty obligations over the personal misfortune of Sayyidna Abu Jandal ؓ . This is the distinctive feature of the Shari'ah of Islam which has made its adherents deserving recipients of victory, honour, and success which awaits them in the Hereafter. Otherwise, as observed commonly, world powers play games with treaties and pacts. They use them as weights and levers to make the weak cringe and the strong walk in trap. The game plan always stays in their hands. With the slightest expediency in sight, they would unleash a hundred interpretations and kill the treaty and begin looking for scapegoats to put the blame on.
