Sura Al-Imran (Tafseer-ul-Maariful Quran), Part-34



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The rule governing Qur'ah (قرية) (to the drawing of lots) according to Hanafi jurists, is that Qurah (drawing of lots) cannot be given a decisive role in determining the rights known and fixed in Islamic Law. Drawing lots in such a situation is included under Qimar (gambling). For example, if something is jointly owned by several persons and a lot is drawn to decide that the one whose name comes out in the lot shall take the whole thing; or, in the case of a child whose parentage is disputed, a lot is drawn and the one whose name comes out in the lot drawn is taken to be the father. Drawing lots in such cases is not allowed in Shari'ah. As for rights which depend upon opinion, Qur'ah is permissible in them, for instance, while alloting portions of a joint property, A is given the eastern portion and B, the western, by drawing a lot. This is permissible because this was permissible even without having to draw lots by a mutual agreement of the parties concerned or by a decree of a judge. (Bayan al-Quran)

In other words, it can be said that in a situation where the rights of all are equal and the purpose of the lot is only to allocate equal to each of them and to decide as to which portion is for whom, then drawing a lot is permissible.

Verses 45 - 46
[٤٥]إِذْ قَالَتِ الْمَلَائِكَةُ يَا مَرْيَمُ إِنَّ اللَّهَ يُبَشِّرُكِ بِكَلِمَةٍ مِّنْهُ اسْمُهُ الْمَسِيحُ عِيسَى ابْنُ مَرْيَمَ وَجِيهًا فِي الدُّنْيَا وَالْآخِرَةِ وَمِنَ الْمُقَرَّبِينَ

[٤٦]وَيُكَلِّمُ النَّاسَ فِي الْمَهْدِ وَكَهْلًا وَمِنَ الصَّالِحِينَ

When the angels said: "O Maryam, Allah gives you the good news of a word from Him whose name is Masih 'Isa, the son of Maryam (the Messiah Jesus, son of Mary) a man of status in this world and in the Hereafter and one of the nearest. [45] And he shall speak to the people in the cradle as well as in the middle age, and shall be one of the righteous!' [46]

The previous verse (44) appeared parenthetically between the present verses 45 - 46 and verses 42 - 43 and the purpose was to affirm the prophethood of Sayyidna Muhammad (SM) . The present verse resumes with the story of Sayyidah Maryam which actually prepares the ground for a fuller account of the birth, mission and miracles of Sayyidna Isa (A).

One of the qualities of Sayyidna 'Isa (A) mentioned in this verse is that 'he shall speak in the cradle' which means that he will speak while still a child, although no child has the ability to do so. When soon after the birth of infant Jesus, as mentioned in another verse, people chided Sayyidah Maryam on the basis of a false accusation, this new-born infant, Sayyidna 'Isa (A) spoke up, saying اني عبد الله (I am a servant of Allah). Then following immediately, it was said that he will also talk to people when he will be in the later middle of his age (kahl). It is worth noting here that the incidence of speaking in infancy was certainly a sign and a miracle and it is quite appropriate to mention it at this point. But, speaking to people during one's middle age is very normal, something everyone does no matter whether he is a Muslim, or a non-Muslim, learned or illiterate. Why has this been mentioned here as something special? What could it mean?

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