5. Al-Maaida

Linkage of Verses

The first verse of Surah al-Ma'idah emphasized the fulfillment of contracts. Included among these contracts is the contract or pledge to abide by the restrictions of the lawful and the unlawful as ordained by Allah Almighty. The second verse cited here describes two important articles of this contract. The first relates to the sanctity of the signs, symbols or hallmarks of Allah with the specific instruction to stay away from desecrating them. The second article recommends an even-handed dispension of justice to everyone, your own or not your own, friend or foe, which has been combined with a corresponding prohibition of any counter injustice inflicted in return for some injustice done.

Background

There are some events which form the background of the revelation of these verses. Let us go to them first so that the subject of the verse becomes fully clear to us. One of these is the event of Hudaybiyah the details of which have been taken up by the Holy Qur'an elsewhere. This relates to the sixth year of Hijrah when the Holy Prophet g and his noble Companions decided to perform ` Umrah.

The Holy Prophet ﷺ entered into the Ihram of ` Umrah with more than one thousand of his Companions and left for Makkah al-Mu` azzamah. After having reached Hudaybiyah close to Makkah al-Mu` azzamah, he sent a message to the Makkans that he was coming in with his group to perform ` Umrah and not for any aggressive designs. He requested that they be allowed to perform ` Umrah. The disbelievers of Makkah, not only that they refused it, they put forward many hard conditions and challenged them to agree to a treaty which stipulated that all Muslims will undo their Ihram they were in at that time and go back. When they come next year to perform their ` Umrah, they would be required to come without any arms, stay for three days only, perform ` Umrah and leave. Besides these conditions, there were many others agreeing to which was obviously very much against the self-respect of Muslims. But, obeying the orders of the Holy Prophet ﷺ everyone returned in peace. After that, it was in the month of Dhu-al-Qa'dah of the Hijrah year 7 that this missed ` Umrah was performed again with full observance of the conditions imposed under the Treaty.

However, the events at Hudaybiyah and the insulting conditions imposed there had planted seeds of discord in the hearts of the Companions against the disbelievers of Makkah. Then there came up the other incident when Hatim ibn Hind, one of the disbelievers of Makkah, came to Madinah al-Tayyibah with his trading goods. After having sold his goods, he left his baggage and his attendant outside Madinah and came to visit the Holy Prophet ﷺ and expressed his desire to enter the fold of Islam, in all hypocrisy, so that Muslims are satisfied. But, the Holy Prophet ﷺ had, well before he came to him, told his Companions on the strength of revelation that a man was coming to them who would talk in the words of the Satan. And when he went away, he said that the man came with disbelief and returned with deception and treason. Leaving the company of the Holy Prophet ﷺ ، this man went straight out of Madinah where the livestock …

Commentary

This is the third verse of Surah al-Ma'idah where a number of fun damental and subsidiary injunctions and rulings have been described. The first problem relates to lawful and unlawful animals. As for animals whose meat is harmful for human beings - whether physically, to it may pose the danger of disease in the human body, or spiritually, for it may hold the danger of spoilage in human morals or its many emotional states - these the Qur'an has classed as evil declaring them to be unlawful. Then there are animals which have no physical or spiritual harmfulness, these the Qur'an has declared to be good, pure and lawful.

The first prohibition in this verse is that of dead animals. These refer to animals which die without having been slaughtered, either be-cause of some sickness or because of their natural death. The meat of such dead animals is extremely harmful for human consumption, not simply ` medically', but spiritually as well.

However, the Holy Prophet ﷺ has exempted fish and locust as reported in Ahadith narrated in the Musnad of Ahmad Ibn Majah, Darqutni and al-Baihaqi and elsewhere.

The second thing declared unlawful in this verse is blood. By saying: أَوْ دَمًا مَّسْفُوحًا (Or, flowing blood - 6:145) in another verse of the Holy Qur'an, it was made clear that blood here means blood which flows. For this reason, liver and spleen, despite being blood, stand exempted from the purview of this injunction. The Hadith referred to a little earlier where fish and locust have been exempted from the purview of 'Maitah' or carrion also carries the exemption of liver and spleen from the definition of blood.

The third thing declared unlawful is the flesh of swine. 'Lahm' or flesh means the whole body of the swine which includes fat, ligaments, everything.

The fourth prohibition is that of an animal which has been invoked upon with (a name) other than that of Allah (dedicated in this manner, or slaughtered). And, at the time of slaughtering it as well, the act of invoking any name other than that of Allah will amount to flagrant Shirk, which is the ascribing of partners, sharers or associates in the pure divinity of Allah. This animal, thus slaughtered, shall fall under the injunction of a dead animal with the consensus of Muslim jurists. This is what was done by the disbelievers of Arabia when they slaughtered animals invoking the name of their idols, or as some ignorant people would do when they would slaughter animals in the name of some saint or savant. It is also possible that someone does invoke the name of Allah at the time of slaughtering but actually offers it for one other than Allah making that sacrifice for the pleasure of whatever that non-Allah is. If so, this too, according to a consensus of Muslim jurists, is unlawful under the injunction of مَا أُهِلَّ لِغَيْرِ‌ اللَّـهِ بِهِ (what has been invoked upon with [ a name ] other than that of Allah).

The fifth category made unlawful is that of an animal which has been strangulated to death, or which has choked itself to death while struggling out of some trap. Though Munkhaniqah مُنْخَنِقَةُ (dead by strangulation) and Mawqudhah مَوْقُوذَةُ (dead by blow) are included …

Lawful and unlawful animals were mentioned in preceding verses. An answer to a question on the same subject appears in the present verse. Some Companions had asked the Holy Prophet ﷺ about the rule governing hunting with the help of a trained dog and falcon. Given in this verse is an answer to that question.

Commentary

To make an animal lawful when hunted through a dog or falcon, four conditions have been mentioned in the question and its answer appearing above. These are:

1. The dog or falcon should be taught, trained and disciplined. The functional principle given here is that the dog should have been groomed in a manner that it should, when released at the prey, catch it and bring it back to you - not that it starts eating it. As for a falcon, the rule set was that it should immediately return when called by you, even if it was chasing the prey. When so trained, it will prove that these beasts of prey hunt for you and not for themselves. Now the animal hunted by these beasts of prey will be considered your own. And if they act against this training once in a while, for example, the dog itself starts eating the prey, or the falcon does not return at your call, then, this game is not yours anymore, therefore, eating it is not permissible.

2. The second condition is that you should release the dog or falcon immediately at your choice and will, not that they dash after some game and hunt it on their own. In the verse under discussion, this condition has been made to come out clearly by the use of the word, "Mukallibin." Lexically, this word is a derivation from 'Taklib' which basically means the training of dogs. Later, it also came to be used in the sense of training beasts of prey and releasing them after the game. The author of the famous Tafsir Jalalayn explains it in the sense of 'Irsal' (send after) which means releasing after the game. This view has been reported in Tafsir al-Qurtubi as well.

3. The third condition is that the beasts of prey do not themselves start eating the game - instead, they should bring it to you. This condition has been explained through مِمَّا أَمْسَكْنَ عَلَيْكُمْ : (what they hold for you).

4. The fourth condition is: When you release the dog or the falcon after the game, do it after saying 'Bismillah' (With the name of Allah).

When these conditions stand fulfilled, the game - if dead before it reaches you - will still be lawful with no need to slaughter. If other-wise, it will not be lawful for you unless slaughtered.

With Imam Abu Hanifah (رح) ، there is a fifth condition as well: That this beast of prey should have also wounded the game. A hint towards this condition is embedded in the word, الْجَوَارِ‌حِ "Al-Jawarih" (birds and beasts of prey) which also means animals which wound or injure.

Ruling: This injunction covers wild animals out of one's possession and control. In case a wild animal has been captured, it will not become lawful without having been properly slaughtered.

Finally, at the end of the verse, there comes the instruction that hunting through a beast of prey has no doubt been made lawful by Al-mighty Allah, but, it is not permissible to ignore Salah and other necessary religious …

Commentary

In the first verse of Surah al-Ma'idah, the lawfulness of domestic animals such as the goat, cow and buffalo has been described. The third verse has a detail of nine kinds of unlawful animals. From that detail to the opening sentence of the present verse, we come to know in summation the essentials of the lawfulness and unlawfulness of animals as well as its operating standard and rule.

The verse opens with the words: الْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ (This day, good things have been made lawful for you). Here, 'this day' means the day on which this verse and those before it have been revealed, that is, the Day of ` Arafah in the Last Hajj of Hijrah 10. The sense is that the way your Faith has been made perfect and the blessing of Allah stands completed for you on this day, very similarly, good things from Allah which were already lawful for you have been allowed to stay lawful forever. The probability that the injunction could be withdrawn does not exist anymore because the ongoing process of revelation was to be discontinued.

This sentence mentions the lawfulness of good things. But, another verse (7:157): يُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّ‌مُ عَلَيْهِمُ الْخَبَائِثَ (Made lawful for them are good things and made unlawful for them are evil things). Here, by placing At-Tayyibat' (good things) against Al-Khaba'ith' (impure things), the reality of both words has been made clear. Lexically, things good, pure, clean and delightful are called 'At-Tayyibat'; and in contrast, 'Al-Khabaith' is used to denote things which are evil and disgusting. Therefore, this sentence of the verse stresses that everything good, pure and beneficial has been made lawful for human beings and everything disgusting and harmful has been made unlawful. The reason is that human beings are not like animals whose purpose of life is limited to eating, drinking, sleeping, waking - being no more than a sort of live-die cycle. Nature has made them the master of the universe for some special purpose and that cannot be achieved without having high and pure morals. Therefore, immoral human beings would really not deserve to be counted as human beings.

That is why the Holy Qur'an has said about such people: بَلْ هُمْ أَضَلُّ : that is, they are like cattle, rather more astray. Now if we accept that the 'humanity' of human beings depends on the betterment of their morals, it will become necessary to concede that they must be made to totally abstain from everything which leads to the corruption of human morals. Everyone knows how environment and society affect human morals. When things outside can do that to human morals, just imagine what would be the effect of things which go inside the human body for what becomes a part of the human body must affect its ethical behaviour. Therefore, caution must necessarily be observed in all foods and drinks. And let us keep in mind that unlawful income from theft, robbery, bribery, interest, gambling and evils like that, once it becomes part of anyone's body, will inevitably remove one farther from humanity and nearer to 'satanic nature.'

Hence, says the Holy Qur'an: يَا أَيُّهَا الرُّ‌سُلُ كُلُوا مِنَ الطَّيِّبَاتِ …

Some injunctions of the Shariah concerning the conduct of worldly life, choices in marriage and food appeared in the previous verses. This verse mentions some injunctions relating to ` Ibadat, acts of worship like Salah, Wudu, Mash مسح ، Tayammum, Ghusl and Taharah

Some injunctions of the Shariah concerning the conduct of worldly life, choices in marriage and food appeared in the previous verses. This verse mentions some injunctions relating to ` Ibadat, acts of worship like Salah, Wudu, Mash مسح ، Tayammum, Ghusl and Taharah

Commentary

The subject of the first of the three verses given above has appeared earlier in Surah al-Nis-a' in almost the same words. The only difference is that the arrangement of words there (4:135) was: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ while, here (5:8), it has been said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ (be steadfast for Allah as witnesses for justice). A delicate reason for the alternation in words appearing earlier and later in these two verses has been given by Abu Ha-an in his Tafsir Al-Bahr al-Muhit a gist of which is given below.

There are usually two causes which hold people back from doing justice and then make them do the unjust and the oppressive. The first one is taking the side of your own self, or that of your friends and relatives. Enmity with someone is the other cause. The verse in Su-rah al-Nis-a' is addressing itself to the first subject while this verse of Surah al-Ma'idah is oriented to the other.

Therefore, the words which follow this sentence in Surah Al-Nisa' وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَ‌بِي that is, 'even though against yourselves or the parents, and the kinsfolk ...' After the sentence of Surah al-Ma'idah cited above, the words which follow in this verse are: وَلَا يَجْرِ‌مَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا that is, And malice against a people should not bid you to not doing justice ...' So, the essential message of this verse of Surah al-Nisa' is: When it comes to doing justice, let nothing affect you, neither your own self, nor your parents, nor your relatives. If the demand of justice happens to be against them, stay with nothing but justice. The essence of this verse from Surah al-Ma'idah is that hostility against an enemy should not affect your sense of justice to the limit that you start working against the demands of justice to harm your enemy.

This is the reason why, by placing 'al-qist' (justice) first in the verse of the Surah al-Nisa', it was said: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ... be upholders of justice, witnesses for Allah ... ) and, by placing 'lillah' (for Allah) first in the verse of Surah al-Ma'idah, it was said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ... be steadfast for Allah as witnesses for justice ) - though, both these modes serve the same purpose end-wise. It is obvious that a person who stands for justice will stand for none but Allah, and one who stands for none but Allah will do nothing but justice. But, when it comes to protecting personal interest or favouring friends and relatives, one may be tempted to justify the thought that the act of caring for relationships here is also for Allah. Therefore, by bringing in the word, 'al-qist' (justice) first at that point, the message given was that the concession which is contrary to justice cannot be for Allah. And in Surah al-Ma'idah, where the purpose was to enjoin justice with enemies, the word 'lillah' (for Allah) was brought in first, which took away the chances of sentimental attachments overpowering human nature. The point is, when you stand for Allah, the inevitable outcome should be an equal justice with enemies as well. …

Commentary

The subject of the first of the three verses given above has appeared earlier in Surah al-Nis-a' in almost the same words. The only difference is that the arrangement of words there (4:135) was: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ while, here (5:8), it has been said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ (be steadfast for Allah as witnesses for justice). A delicate reason for the alternation in words appearing earlier and later in these two verses has been given by Abu Ha-an in his Tafsir Al-Bahr al-Muhit a gist of which is given below.

There are usually two causes which hold people back from doing justice and then make them do the unjust and the oppressive. The first one is taking the side of your own self, or that of your friends and relatives. Enmity with someone is the other cause. The verse in Su-rah al-Nis-a' is addressing itself to the first subject while this verse of Surah al-Ma'idah is oriented to the other.

Therefore, the words which follow this sentence in Surah Al-Nisa' وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَ‌بِي that is, 'even though against yourselves or the parents, and the kinsfolk ...' After the sentence of Surah al-Ma'idah cited above, the words which follow in this verse are: وَلَا يَجْرِ‌مَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا that is, And malice against a people should not bid you to not doing justice ...' So, the essential message of this verse of Surah al-Nisa' is: When it comes to doing justice, let nothing affect you, neither your own self, nor your parents, nor your relatives. If the demand of justice happens to be against them, stay with nothing but justice. The essence of this verse from Surah al-Ma'idah is that hostility against an enemy should not affect your sense of justice to the limit that you start working against the demands of justice to harm your enemy.

This is the reason why, by placing 'al-qist' (justice) first in the verse of the Surah al-Nisa', it was said: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ... be upholders of justice, witnesses for Allah ... ) and, by placing 'lillah' (for Allah) first in the verse of Surah al-Ma'idah, it was said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ... be steadfast for Allah as witnesses for justice ) - though, both these modes serve the same purpose end-wise. It is obvious that a person who stands for justice will stand for none but Allah, and one who stands for none but Allah will do nothing but justice. But, when it comes to protecting personal interest or favouring friends and relatives, one may be tempted to justify the thought that the act of caring for relationships here is also for Allah. Therefore, by bringing in the word, 'al-qist' (justice) first at that point, the message given was that the concession which is contrary to justice cannot be for Allah. And in Surah al-Ma'idah, where the purpose was to enjoin justice with enemies, the word 'lillah' (for Allah) was brought in first, which took away the chances of sentimental attachments overpowering human nature. The point is, when you stand for Allah, the inevitable outcome should be an equal justice with enemies as well. …

Commentary

The subject of the first of the three verses given above has appeared earlier in Surah al-Nis-a' in almost the same words. The only difference is that the arrangement of words there (4:135) was: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ while, here (5:8), it has been said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ (be steadfast for Allah as witnesses for justice). A delicate reason for the alternation in words appearing earlier and later in these two verses has been given by Abu Ha-an in his Tafsir Al-Bahr al-Muhit a gist of which is given below.

There are usually two causes which hold people back from doing justice and then make them do the unjust and the oppressive. The first one is taking the side of your own self, or that of your friends and relatives. Enmity with someone is the other cause. The verse in Su-rah al-Nis-a' is addressing itself to the first subject while this verse of Surah al-Ma'idah is oriented to the other.

Therefore, the words which follow this sentence in Surah Al-Nisa' وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَ‌بِي that is, 'even though against yourselves or the parents, and the kinsfolk ...' After the sentence of Surah al-Ma'idah cited above, the words which follow in this verse are: وَلَا يَجْرِ‌مَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا that is, And malice against a people should not bid you to not doing justice ...' So, the essential message of this verse of Surah al-Nisa' is: When it comes to doing justice, let nothing affect you, neither your own self, nor your parents, nor your relatives. If the demand of justice happens to be against them, stay with nothing but justice. The essence of this verse from Surah al-Ma'idah is that hostility against an enemy should not affect your sense of justice to the limit that you start working against the demands of justice to harm your enemy.

This is the reason why, by placing 'al-qist' (justice) first in the verse of the Surah al-Nisa', it was said: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ... be upholders of justice, witnesses for Allah ... ) and, by placing 'lillah' (for Allah) first in the verse of Surah al-Ma'idah, it was said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ... be steadfast for Allah as witnesses for justice ) - though, both these modes serve the same purpose end-wise. It is obvious that a person who stands for justice will stand for none but Allah, and one who stands for none but Allah will do nothing but justice. But, when it comes to protecting personal interest or favouring friends and relatives, one may be tempted to justify the thought that the act of caring for relationships here is also for Allah. Therefore, by bringing in the word, 'al-qist' (justice) first at that point, the message given was that the concession which is contrary to justice cannot be for Allah. And in Surah al-Ma'idah, where the purpose was to enjoin justice with enemies, the word 'lillah' (for Allah) was brought in first, which took away the chances of sentimental attachments overpowering human nature. The point is, when you stand for Allah, the inevitable outcome should be an equal justice with enemies as well. …