Kashf al-Ma'aanee of Ibn Jama'aah - Juzz 2

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فَوَلِّ وَجۡهَكَ شَطۡرَ ٱلۡمَسۡجِدِ ٱلۡحَرَامِ‌ۚ

“so turn your face in the direction of Al-Masjid- al-Haram (at Makkah)”  [2:144, 149 and 150]

This Aayah is repeated thrice in order to:

          -drill the fact that the previous Qiblah had been abrogated

          -explaining the reason as to why the Qiblah has changed. It had changed from Bayt al-Maqdis to the Ka’bah because the Ka’bah was a universal direction for all mankind, and not just for the people of al-Madeenah as the People of the Book had initially presumed.

          -that the truth is with the believers and not as the People of the Book presuemed – that we had become misguided by leaving Bayt al-Maqdis as a Qiblah.

In the texts of the Sharee’ah, often matters are mentioned thrice to reinforce the message and to explain that there is no other truth other than this.

وَإِذَا قِيلَ لَهُمُ ٱتَّبِعُواْ مَآ أَنزَلَ ٱللَّهُ قَالُواْ بَلۡ نَتَّبِعُ مَآ أَلۡفَيۡنَا عَلَيۡهِ ءَابَآءَنَآ‌ۗ أَوَلَوۡ كَانَ ءَابَآؤُهُمۡ لَا يَعۡقِلُونَ شَيۡـًٔ۬ا وَلَا يَهۡتَدُونَ 

“When it is said to them: "Follow what Allah has sent down." They say: "Nay! We shall follow what we found our fathers following." (Would they do that!) Even though their fathers did not understand anything nor were they guided?” [2:170]

In this Aayah the blind-following of the religion of their ancestors has been rebuked and their ancestors have been described as not being guided or possessing knowledge. In other Aayat they are described as being ignorant alone (5:104). All of these descriptions depend on the context. The context here is about legislating into the religion – changing what is Halaal into Haraam and Haraam into Halaal; thus this characteristic has been described as having misguidance and ignorance.

تِلۡكَ حُدُودُ ٱللَّهِ فَلَا تَقۡرَبُوهَا‌ۗ 

 تِلۡكَ حُدُودُ ٱللَّهِ فَلَا تَعۡتَدُوهَا‌ۚ

“ These are the limits (set) by Allah, so approach them not” [2:187]

In other Aayat Allaah, the Most High, Talks about His Laws:

“These are the limits ordained by Allah, so do not transgress them” [2:229]

The meaning of “approach” is in relation to something that is always Haraam. So if something in its origin is Haraam, one is prohibited to come even close to it.

The meaning of “transgress” is in relation to something which is legislated but has boundaries. So we are commanded not to transgress boundaries of something which is permitted (Mubah) by falling into a prohibition (Haraam).

 أَمۡ حَسِبۡتُمۡ أَن تَدۡخُلُواْ ٱلۡجَنَّةَ وَلَمَّا يَأۡتِكُم مَّثَلُ ٱلَّذِينَ خَلَوۡاْ مِن قَبۡلِكُم‌ۖ مَّسَّتۡہُمُ ٱلۡبَأۡسَآءُ وَٱلضَّرَّآءُ وَزُلۡزِلُواْ حَتَّىٰ يَقُولَ ٱلرَّسُولُ وَٱلَّذِينَ ءَامَنُواْ مَعَهُ ۥ مَتَىٰ نَصۡرُ ٱللَّهِ‌ۗ أَلَآ إِنَّ نَصۡرَ ٱللَّهِ قَرِيبٌ۬

“Or think you that you will enter Paradise without such (trials) as came to those who passed away before you? They were afflicted with severe poverty and ailments and were so shaken that even the Messenger and those who believed along with him said, "When (will come) the Help of Allah?" Yes! Certainly, the Help of Allah is near!” [2:214]

This Aayah explains the cause for entering Jannah is having patience upon what has been Decreed out of difficulties.

However, this is not the only type of patience in which a person may enter Jannah by:

أَمۡ حَسِبۡتُمۡ أَن تَدۡخُلُواْ ٱلۡجَنَّةَ وَلَمَّا يَعۡلَمِ ٱللَّهُ ٱلَّذِينَ جَـٰهَدُواْ مِنكُمۡ وَيَعۡلَمَ ٱلصَّـٰبِرِينَ 

“Do you think that you will enter Paradise before Allah tests those of you who fought (in His Cause) and (also) tests those who are As-Sabirin (the patient ones, etc.)?” [3:142]

Here is a test of physical patience.

 أَمۡ حَسِبۡتُمۡ أَن تُتۡرَكُواْ وَلَمَّا يَعۡلَمِ ٱللَّهُ ٱلَّذِينَ جَـٰهَدُواْ مِنكُمۡ وَلَمۡ يَتَّخِذُواْ مِن دُونِ ٱللَّهِ وَلَا رَسُولِهِۦ وَلَا ٱلۡمُؤۡمِنِينَ وَلِيجَةً۬‌ۚ وَٱللَّهُ خَبِيرُۢ بِمَا تَعۡمَلُونَ 

“Do you think that you shall be left alone while Allah has not yet tested those among you who have striven hard and fought and have not taken Walijah [(Batanah - helpers, advisors and consultants from disbelievers, pagans, etc.) giving openly to them their secrets] besides Allah and His Messenger, and the believers. Allah is Well-Acquainted with what you do.” [9:16]

Here is a test of patience in ones’ allegiances with other people.

“ۥ مَتَـٰعَۢا بِٱلۡمَعۡرُوفِ‌ۖ حَقًّا عَلَى ٱلۡمُحۡسِنِينَ”

“a gift of reasonable amount is a duty on the doers of good.” [2:236]

Here, supporting ones newly-wedded spouse is a right upon the man.

However, in an Aayah that comes after it, it says:

“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqun (the pious - see V.2:2).” [2:241]

Therefore there is a difference in the degree of maintenance a husband has to provide. If he divorces his newly-wedded wife and he hasn’t had relations with her, then maintaining her will be out of good will and this is recommended (Mustahab).

However, if he divorces his wife and he has previously had relations with her (the first or second time and not the third divorce), then he must maintain her during her 'Iddah period.

There is a great deal of difference between the scholars on these rulings, but this is what I (Ibn Jamaa’ah) to hold to be the correct opinion, and Allaah Knows Best[1].

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[1] The opinion of the majority is that if a woman has been divorced before consummation, then she is entitled to half her dowry (Mahr) and maintaining her would be recommended. If he divorces her and he has consummated the marriage, then she keeps her full dowry (Mahr) and it is obligatory for him to support her for as much as he is able to during the ‘Iddah period. This is the opinion of the Ibn Jam’aah here and majority.

However, others stated that the man who divorces his wife must always support the divorcee. This is the opinion of Imaam Ahmad and Ibn Taymiyyah.

Ibn al-‘Uthaymeen leaned towards this opinion also but struck a balance - he stated that if a woman has recently been divorced, consummated or not, then her Mahr is sufficient and she doesn’t need maintenance. However, if she has been divorced after lengthy marriage then he must support her as much as he is able because she is need of it, and this view is the moderate view (and a view from the Maalikee Madhab); at times it may be Mustahab and other times Waajib. And Allaah Knows Best. [TN] [see: al-Ikhtiyaraat (Pg. 341) and ash-Sharh al-Mumti’ (12/302)]