Аль-Маида 5:87–99

There is No Monasticism in Islam

`Ali bin Abi Talhah said that Ibn `Abbas said, "This Ayah 5:87 was revealed about some of the Companions of the Prophet who said, `We should cut off our male organs, abandon the desires of this life and travel in the land, just as the Ruhban (monks) do.' When the Prophet heard of this statement, he summoned them and asked them if they made this statement and they answered `Yes.' The Prophet said,

(I fast and break my fast, pray and sleep, and marry women. Whoever follows my Sunnah is of me, and whoever abandons my Sunnah is not of me.)" Ibn Abi Hatim also collected this Hadith. Ibn Marduwyah recorded that Al-`Awfi said that Ibn `Abbas narrated a similar Hadith. It is recorded in the Two Sahihs that `A'ishah said that some of the Companions asked the wives of the Prophet about the acts of worship that he performed in private. One of them said, "I will not eat meat," another said, "I will not marry women," while the third said, "I will not sleep on the bed." When the Prophet heard this statement, he said,

(What is the matter with some people who said such and such I fast and break the fast, sleep and wake to stand to pray, eat meat, and marry women. He who is not pleased with my Sunnah is not of me.) Allah's statement,

(and transgress not.) means, do not exaggerate and make it hard for yourselves by prohibiting the permissible things. Do not transgress the limits by excessively indulging in the permissible matters; only use of it what satisfies your need; and do not fall into extravagance. Allah said in other Ayat,

(And eat and drink but waste not by extravagance.)7:31, and,

(And those, who, when they spend, are neither extravagant nor miserly, but hold a medium (way) between those (extremes).)25:67 So Allah legislated a medium way between those who are extreme and those who fall into shortcomings, and it does not allow excessive application, nor lack of application. This is why Allah said here,

(Make not unlawful the good things which Allah has made lawful to you, and transgress not. Verily, Allah does not like the transgressors.) then He said,

(And eat of the things which Allah has provided for you, lawful and good,)5:88, eat of those items that are pure and lawful for you,

(and have Taqwa of Allah,) in all your affairs, obey Him and seek His pleasure, all the while staying away from defiance and disobedience of Allah,

(and have Taqwa of Allah in Whom you believe.)

Unintentional Oaths

We mentioned the subject of unintentional oaths in Surat Al-Baqarah, all praise and thanks are due to Allah, and so we do not need to repeat it here. We also mentioned that the Laghw in oaths refers to one's saying, "No by Allah," or, "Yes, by Allah," unintentionally.

Expiation for Breaking the Oaths

Allah said,

وَلَكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الاٌّيْمَنَ

(but He will punish you for your deliberate oaths.) in reference to the oaths that you intend in your hearts,

فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَكِينَ

(for its expiation (a deliberate oath) feed ten poor,), who are needy, not able to find necessities of the life. Allah's statement,

مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ

(on a scale of the Awsat of that with which you feed your own families;) means, "On the average scale of what you feed your families," according to Ibn `Abbas, Sa`id bin Jubayr and `Ikrimah. `Ata' Al-Khurasani commented on the Ayah, "From the best of what you feed your families". Allah's statement,

أَوْ كِسْوَتُهُمْ

(or clothe them,) refers to clothing each of the ten persons with what is suitable to pray in, whether the poor person was male or female. Allah knows best. Al-`Awfi said that Ibn `Abbas said that the Ayah means a robe or garment for each poor person (of the ten). Mujahid also said that the least of clothing, referred to in the Ayah, is a garment, and the most is whatever you wish. Al-Hasan, Abu Ja`far Al-Baqir, `Ata', Tawus, Ibrahim An-Nakha`i, Hammad bin Abi Sulayman and Abu Malik said that it means (giving each of the ten poor persons) a garment each. Allah's statement,

أَوْ تَحْرِيرُ رَقَبَةٍ

(or free a slave) refers to freeing a believing slave. In the Muwatta' of Malik, the Musnad of Ash-Shafi`i and the Sahih of Muslim, a lengthy Hadith was recorded that `Umar bin Al-Hakam As-Sulami said that he once had to free a slave (as atonement) and he brought a black slave girl before the Messenger of Allah ﷺ , who asked her;

«أَيْنَ اللهُ؟»

(Where is Allah) She said, "Above the heavens." He said,

«مَنْ أَنَا؟»

(Who am I) She said, "The Messenger of Allah." He said,

«أَعْتِقْهَا فَإِنَّهَا مُؤْمِنَة»

(Free her, for she is a believer.) There are three types of expiation for breaking deliberate oaths, and whichever one chooses, it will suffice, according to the consensus (of the scholars). Allah mentioned the easiest, then the more difficult options, since feeding is easier than giving away clothes, and giving away clothes is easier than freeing a slave. If one is unable to fulfill any of these options, then he fasts for three days for expiation, just as Allah said,

فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَثَةِ أَيَّامٍ

(But whosoever cannot afford (that), then he should fast for three days.) Ubayy bin Ka`b and Ibn Mas`ud and his students read this Ayah as follows, "Then he should fast three consecutive days." Even if this statement was not narrated to us as a part of the Qur'an through Mutawatir narration, it would still be an explanation of the Qur'an by the Companions that has the ruling of being related from the Prophet . Allah's statement,

ذلِكَ كَفَّارَةُ أَيْمَنِكُمْ إِذَا حَلَفْتُمْ

(That is the expiation for the oaths when you have sworn.)5:89 means, this is the legal way to atone for deliberate oaths,

وَاحْفَظُواْ أَيْمَنَكُمْ

(And protect your oaths.) Do not leave your broken oaths without paying the expiation for them, according to the meaning given by Ibn Jarir.

كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَتِهِ

(Thus Allah makes clear to you His Ayat) and explains them to you,

لَعَلَّكُمْ تَشْكُرُونَ

(that you may be grateful.)

Prohibiting Khamr (Intoxicants) and Maysir (Gambling)

Allah forbids His believing servants from consuming Khamr and Maysir which is gambling. Ibn Abi Hatim recorded that `Ali bin Abi Talib, the Leader of the Faithful, said that chess is a type of gambling. Ibn Abi Hatim recorded that `Ata', Mujahid and Tawus, or , two of them, said that every type of gambling, including children's playing with (a certain type of) nuts, is Maysir. Ibn `Umar said that Al-Maysir means gambling, and this is the same statement that Ad-Dahhak reported from Ibn `Abbas, who added, "They used to gamble during the time of Jahiliyyah, until Islam came. Allah then forbade them from this evil behavior."

Meaning of Ansab and Azlam

Al-Ansab were altar stones, in whose vicinity sacrifices were offered (during the time of Jahiliyyah), according to Ibn `Abbas, Mujahid, `Ata', Sa`id bin Jubayr and Al-Hasan. They also said that Al-Azlam were arrows that they used for lotteries to make decisions, as Ibn Abi Hatim narrated. Allah said,

رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ

(A Rijs of Shaytan's handiwork) meaning, abomination of Shaytan's handiwork, according to `Ali bin Abi Talhah who reported it from Ibn `Abbas. Sa`id bin Jubayr said that Rijs means `sin' while Zayd bin Aslam said; "An evil handiwork of Shaytan."

فَاجْتَنِبُوهُ

(So avoid that) avoid all of these abominations,

لَعَلَّكُمْ تُفْلِحُونَ

(in order that you may be successful.) and this is a statement of encouragement. Allah said next,

إِنَّمَا يُرِيدُ الشَّيْطَنُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَآءَ فِى الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَن ذِكْرِ اللَّهِ وَعَنِ الصَّلَوةِ فَهَلْ أَنْتُمْ مُّنتَهُونَ

(Shaytan wants only to excite enmity and hatred between you with Khamr (intoxicants) and Maysir (gambling), and hinder you from the remembrance of Allah and from the Salah (the prayer). So, will you not then abstain) This is a threat and a warning.

Hadiths that Prohibit Khamr (Intoxicants)

Imam Ahmad recorded that Abu Hurayrah said, "There were three stages to prohibiting Khamr (intoxicants). When the Messenger of Allah ﷺ migrated to Al-Madinah, the people were consuming alcohol and gambling, so they asked the Messenger of Allah ﷺ about these things, Allah revealed,

يَسَْلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ وَمَنَفِعُ لِلنَّاسِ

(They ask you about alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men.")2:219, until the end of the Ayah. The people said, `They (intoxicants and gambling) were not prohibited for us. Allah only said,

فِيهِمَآ إِثْمٌ كَبِيرٌ وَمَنَفِعُ لِلنَّاسِ

(In them is a great sin, and (some) benefit for men.)' So they went on drinking Khamr until one day, one of the emigrants lead his companions in the Maghrib prayer and mixed up the Ayat in his recitation. Thereafter, Allah sent down a tougher statement,

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْرَبُواْ الصَّلَوةَ وَأَنتُمْ سُكَرَى حَتَّى تَعْلَمُواْ مَا تَقُولُونَ

(O you who believe! Approach not the Salah (the prayer) when you are in a drunken state until you know (the meaning of) what you utter.)4:43 xThen, the people would drink before the time of the prayer so that they would attend the prayer while sober. A firmer Ayah was later revealed,

يَأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are an abomination of Shaytan's handiwork. So avoid that in order that you may be successful.)5:90-91 So they said, `We abstained, O Lord!' Later, some people said, `O Allah's Messenger! Some people died in the cause of Allah, while some others died in their beds, but they used to drink alcohol and indulge in gambling, which Allah has made a Rijs of the work of Shaytan.' So Allah sent down,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّلِحَتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate...) 5:93, until the end of the Ayah. The Prophet said,

«لَوْ حُرِّمَ عَلَيْهِمْ لَتَرَكُوهُ كَمَا تَرَكْتُم»

(Had they been made impermissible for them, they would have abandoned them as you have abandoned them.) Ahmad recorded this Hadith. Imam Ahmad recorded that `Umar bin Al-Khattab said, "O Allah! Explain the verdict about Khamr to us clearly." The Ayah in Surat Al-Baqarah was revealed,

يَسَْلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ

(They ask you about alcoholic drink and gambling. Say: "In them is a great sin.")2:219 `Umar was summoned and this Ayah was recited to him, but he still said, "O Allah! Make the verdict of Khamr clear to us." Then the Ayah in Surat An-Nisa' was revealed,

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْرَبُواْ الصَّلَوةَ وَأَنتُمْ سُكَرَى

(O you who believe! Do not approach the Salah when you are in a drunken state.)4:43 Thereafter, the Prophet had someone herald when it was time to pray, "Those in a drunken state are not to approach the prayer." `Umar was again summoned and the Ayah was recited to him, but he still said, "O Allah! Make the verdict concerning Khamr clear to us." Then, the Ayah in Surat Al-Ma'idah 5:91 was revealed, and `Umar was summoned and it was recited to him. When he reached the part of the Ayah that reads,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain)5:91, `Umar said, "We abstained, we abstained." Abu Dawud, At-Tirmidhi, and An-Nasa'i recorded this Hadith. `Ali bin Al-Madini and At-Tirmidhi graded it Sahih. It is recorded in the Two Sahihs, that `Umar bin Al-Khattab said in a speech; while standing on the Minbar of the Messenger of Allah ﷺ (in the Prophet's Masjid in Al-Madinah) "O people! The prohibition of Khamr was revealed; and Khamr was extracted from five things: From grapes, dates, honey, wheat and barley. Khamr is what intoxicates the mind." Al-Bukhari recorded that Ibn `Umar said, "The prohibition of Khamr was revealed when there were five kinds of intoxicants in Al-Madinah, besides what was produced from grapes."

Another Hadith

Imam Ahmad recorded that Anas said, "I once was giving an alcoholic beverage to Abu `Ubaydah bin Al-Jarrah, `Ubayy bin Ka`b, Suhayl bin Bayda' and several of their friends meeting at Abu Talhah's house. When they were almost intoxicated, some Muslims came and said, `Did you not know that Khamr has been prohibited' They said, `We'll wait and ask.' They then said, `O Anas! Spill the remaining alcohol out of your container.' By Allah! They never drank it again, and their Khamr at that time was made from unripe and normal dates."' This is also recorded in the Two Sahihs. In another narration by Anas, "I was the butler of the people in the house of Abu Talhah when Khamr was prohibited, and in those days alcohol was made from unripe and normal dates. A caller then heralded, and Abu Talhah ordered me to see what it was about. So I found that a person was announcing that alcoholic drinks had been prohibited. Abu Talhah ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Al-Madinah. Some people said, `Some people were killed and wine was still in their stomachs.' Later on, Allah's revelation came,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّلِحَتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate...)5:93." Ibn Jarir recorded that Anas bin Malik said, "I was serving Abu Talhah, Abu `Ubaydah bin Al-Jarrah, Abu Dujanah, Mu`adh bin Jabal and Suhayl bin Bayda', until they became intoxicated from an alcoholic drink made of mixed unripe and normal dates. Then I heard someone herald, `Khamr has been made illegal.' So no one went in or out until we spilled the alcohol and broke its barrels. Some of us then performed ablution and others took a shower, and we wore some perfume. We then went out to the Masjid while the Messenger of Allah ﷺ was reciting,

يَأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ فَاجْتَنِبُوهُ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are only an abomination of Shaytan's handiwork. So avoid that...)5:90, until,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain)5:91. A man asked, `O Allah's Messenger! What about those who died drinking it' Allah sent down the verse,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّلِحَتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate.)5:93."

Another Hadith

Imam Ahmad recorded that Ibn `Umar said that the Messenger of Allah ﷺ said,

«لُعِنَتِ الْخَمْرُ عَلى عَشْرَةِ أَوْجُهٍ: لُعِنَتِ الْخَمْرُ بِعَيْنِهَا، وَشَارِبُهَا، وَسَاقِيهَا، وَبَائِعُهَا، وَمُبْتَاعُهَا، وَعَاصِرُهَا، وَمُعْتَصِرُهَا، وَحَامِلُها، وَالْمَحْمُولَةُ إِلَيْهِ، وَآكِلُ ثَمَنِهَا»

(Ten matters related to Khamr were cursed. Khamr itself was cursed, whoever drinks it, its server, seller, buyer, brewer, who asks for it to be brewed, whoever carries it, whomever it is carried to and whoever consumes its price.) Abu Dawud and Ibn Majah recorded this Hadith. Ahmad recorded that Ibn `Umar said, "Once, the Messenger of Allah ﷺ went out and I went out with him. I walked to his right, but Abu Bakr came along and I gave way to him, and Abu Bakr was walking on the Prophet's right, while I was walking on his left. Then `Umar came along and he was walking on the Prophet's left, since I gave way to him. The Messenger of Allah ﷺ then found a leather skin hanging containing alcohol, so he asked for a knife and ordered that the skin be cut open. He then said,

«لُعِنَتِ الْخَمْرُ وَشَارِبُهَا، وَسَاقِيهَا، وَبَائِعُهَا، وَمُبْتَاعُهَا، وَحَامِلُهَا، وَالْمَحْمُولَةُ إِلَيْهِ، وَعَاصِرُهَا وَمُعْتَصِرُهَا، وَآكِلُ ثَمَنِهَا»

(Khamr was cursed, and so are those who drink it, serve it, sell it, buy it, carry it, have it carried to them, brew it, have it brewed and consume its price.)"

Another Hadith

Al-Hafiz Abu Bakr Al-Bayhaqi recorded that Sa`d said, "There were four Ayat revealed about Khamr..." He then said, "A man from Al-Ansar made some food and invited us. We drank Khamr before it was prohibited and became intoxicated, and thus started to boast about our status. The Ansar said that they were better, while Quraysh (the Muhajirin) said that they were better. So a man from the Ansar took a bone and struck Sa`d's nose with it and made a flesh wound on it. Ever since that happened, Sa`d's nose had a scar from that wound. The Ayah,

إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ

(Intoxicants, gambling,) until,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain) was later revealed." Muslim recorded this Hadith.

Another Hadith

Ibn Abi Hatim recorded that `Abdullah bin `Amr said, "This Ayah in the Qur'an,

يَأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are only an abomination of Shaytan's handiwork. So avoid that in order that you may be successful.)5:90, was also in the Tawrah; `Allah has sent down truth to eradicate falsehood, joyful play, flute or wind instruments, Zafan (dances) and Kibarat (refering to cabarets using the lute and bagpipe), tambourine, guitar, harp and lyric and love poetry. And Khamr is bitter for those who taste it. Allah has vowed by His grace and power, `Whoever drinks it after I prohibited it, I will make him thirsty on the Day of Resurrection. Whoever abandons it after I prohibited it, I will let him taste it in the residence of Grace (Paradise)."' Its chain of narration is Sahih

Another Hadith

Ash-Shafi`i narrated that Malik narrated that Nafi` said that Ibn `Umar said that the Messenger of Allah ﷺ said,

«مَنْ شَرِبَ الْخَمْرَ فِي الدُّنْيَا ثُمَّ لَمْ يَتُبْ مِنْهَا حُرِمَهَا فِي الآخِرَة»

(Whoever drinks Khamr in the life of this world and does not repent from it, will be deprived of it in the Hereafter.) Al-Bukhari and Muslim recorded this Hadith. Muslim recorded that Ibn `Umar said that the Messenger of Allah ﷺ said,

«كُلُّ مُسْكِرٍ خَمْرٌ، وَكُلُّ مُسْكِرٍ حَرَامٌ، وَمَنْ شَرِبَ الْخَمْرَ فَمَاتَ وَهُوَ يُدْمِنُهَا وَلَمْ يَتُبْ مِنْهَا، لَمْ يَشْرَبْهَا فِي الْآخِرَة»

(Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr and dies while addicted to it, without repenting from drinking it, will not drink it in the Hereafter.) `Abdur-Rahman bin Al-Harith bin Hisham said that he heard `Uthman bin `Affan saying, "Avoid Khamr, for it is the mother of all sins. There was a man before your time who used to worship Allah secluded from the people. Later, an evil woman loved him and sent her female servant to him saying that they wanted him to witness something. So he went with the servant. Whenever they went through the door, she locked it behind them, until he reached a beautiful woman with a young servant boy and some alcohol. She said to him, `By Allah! I did not invite you to be a witness for anything, but called you to have sex with me, kill this boy or drink this alcohol.' So she gave him some alcohol, and he kept asking for more until he became intoxicated and had sex with her and killed the boy. Therefore, avoid Khamr, because it is never combined with faith, but one of them is bound to expel the other (from the heart)." This was recorded by Al-Bayhaqi. This statement has an authentic chain of narration. Abu Bakr bin Abi Ad-Dunya recorded this statement in his book on the prohibition of intoxicants, but he related it from the Prophet. Relating it from `Uthman is more authentic, and Allah knows best. Ahmad bin Hanbal recorded that Ibn `Abbas said, "When Khamr was prohibited, some people said, `O Allah's Messenger! What about our brethren who died while still drinking Khamr' Allah sent down the Ayah

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّلِحَتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate,) until the end of the Ayah. When the Qiblah (direction of the prayer) was changed (from Jerusalem to Makkah), some people asked, `O Allah's Messenger! What about our brethren who died while still praying toward Jerusalem' Allah sent down,

وَمَا كَانَ اللَّهُ لِيُضِيعَ إِيمَنَكُمْ

(And Allah would never make your faith to be lost.)"2:143 `Abdullah bin Mas`ud said that the Prophet said when the Ayah,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّلِحَتِ جُنَاحٌ فِيمَا طَعِمُواْ إِذَا مَا اتَّقَواْ وَءامَنُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate, if they have Taqwa, and believe...) was revealed,

«قِيلَ لِي: أَنْتَ مِنْهُم»

(I was told, that you are among them.) This is the narration that Muslim, At-Tirmidhi and An-Nasa'i collected.

إِذَا مَا اتَّقَواْ وَّآمَنُواْ وَعَمِلُواْ الصَّالِحَاتِ ثُمَّ اتَّقَواْ وَّآمَنُواْ ثُمَّ اتَّقَواْ وَّأَحْسَنُواْ وَاللّهُ يُحِبُّ الْمُحْسِنِينَ ٩٣

if they have Taqwa and believe and do righteous good deeds, and they (again) have Taqwa and believe, and then (once again) have Taqwa and perform good. And Allah loves the good-doers.

Prohibiting Hunting Game in the Sacred Area and During the State of Ihram

Ali bin Abi Talhah Al-Walibi said that Ibn `Abbas said that Allah's statement,

لَيَبْلُوَنَّكُمُ اللَّهُ بِشَىْءٍ مِّنَ الصَّيْدِ تَنَالُهُ أَيْدِيكُمْ وَرِمَحُكُمْ

(Allah will certainly make a trial for you with something in (the matter of) the game that is well within reach of your hands and your lances,)5:94, refers to, "The weak and young game. Allah tests His servants with such game during their Ihram, that if they wish, they would be able to catch it with their hands. Allah has commanded them to avoid catching it." Mujahid said that,

تَنَالُهُ أَيْدِيكُمْ

(well within reach of your hands) refers to the young game and chicks, while

وَرِمَحُكُمْ

(and your lances,) refers to mature game. Muqatil bin Hayyan said that this Ayah was revealed during the `Umrah of Al-Hudaybiyyah, when wild game and birds were coming to the Muslim camping area, which they had never seen the likes of before. Allah prohibited them from hunting the game while in the state of Ihram,

لِيَعْلَمَ اللَّهُ مَن يَخَافُهُ بِالْغَيْبِ

(that Allah may test who fears Him in the unseen. ) Therefore, Allah tests His servants with the game that comes near their camping area, for if they wish, they can catch it with their hands and spears in public and secret. This is how the obedience of those who obey Allah in public and secret becomes apparent and tested. In another Ayah, Allah said;

إِنَّ الَّذِينَ يَخْشَوْنَ رَبَّهُم بِالْغَيْبِ لَهُم مَّغْفِرَةٌ وَأَجْرٌ كَبِيرٌ

(Verily! Those who fear their Lord in the unseen, theirs will be forgiveness and a great reward (i.e. Paradise).) Allah said next,

فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ

(Then whoever transgresses thereafter.) after this warning and threat, according to As-Suddi, then,

فَلَهُ عَذَابٌ أَلِيمٌ

(for him there is a painful torment.) for his defiance of Allah's command and what He has decreed. Allah said next,

يَأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْتُلُواْ الصَّيْدَ وَأَنْتُمْ حُرُمٌ

(O you who believe! Kill not game while you are in a state of Ihram,) This Ayah prohibits killing the game in the state of Ihram, except what is exempt from this as mentioned in the Two Sahihs; `A'ishah narrated that the Messenger of Allah ﷺ said,

«خَمْسٌ فَوَاسِقُ يُقْتَلْنَ فِي الْحِلِّ وَالْحَرَمِ: الْغُرَابُ، وَالْحِدَأَةُ، وَالْعَقْرَبُ، وَالْفَأْرَةُ، وَالْكَلْبُ الْعَقُور»

(Five are Fawasiq, they may be killed while in Ihram or not; the crow, the kite, the scorpion, the mouse and the rabid dog.) Ibn `Umar narrated that the Messenger of Allah ﷺ said,

«خَمْسٌ مِنَ الدَّوَابِّ لَيْسَ عَلَى الْمُحْرِمِ فِي قَتْلِهِنَّ جُنَاحٌ: الْغُرَابُ، وَالْحِدَأَةُ، وَالْعَقْرَبُ، وَالْفَأْرَةُ، وَالْكَلْبُ الْعَقُور»

(It is not harmful in a state of Ihram to kill five kinds of animals: the crow, the kite, the scorpion, the mouse and the rabid dog.) This Hadith was recorded in the Two Sahihs. Ayyub narrated that Nafi` narrated similar wordings for this Hadith from Ibn `Umar. Ayyub said, "So I said to Nafi`, `What about the snake' He said, `There is no doubt that killing the snake is allowed."' The ruling concerning the rabid dog also includes the wolf, lion, leopard, tiger and their like, since they are more dangerous than the rabid dog, or because the term Kalb (dog) covers them. Allah knows best. Abu Sa`id narrated that the Prophet was asked about the animals that the Muhrim is allowed to kill and he said,

«الحَيَّةُ، وَالْعَقْرَبُ، وَالْفُوَيسِقَةُ، وَيَرْمِي الْغُرَابَ وَلَا يُقْتُلُهُ، وَالْكَلْبُ الْعَقُورُ، وَالحِدَأَةُ، وَالسَّبُعُ العَادِي»

(The snake, the scorpion, the mouse, and the crow - which is shot at but not killed -- the rabid dog, the kite and wild beasts of prey.) Abu Dawud recorded this Hadith, as did At-Tirmidhi, who said, "Hasan", and Ibn Majah.

The Penalty of Killing Game in the Sacred Area or in the State of Ihram

Allah said,

وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّداً فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ

(And whosoever of you kills it intentionally, the penalty is an offering of livestock equivalent to the one he killed.) Mujahid bin Jabr said, "The meaning of `intentionally' here is that one intends to kill the game while forgetting that he is in the state of Ihram. Whoever intentionally kills the game while aware that he is in the state of Ihram, then this offense is more grave than to make an expiation, and he also loses his Ihram." This statement is odd, and the view of majority is that they have to pay the expiation for killing the game whether they forgot that they are in Ihram or not. Az-Zuhri said, "The Book (the Qur'an) asserts the expiation for intentional killing, and the Sunnah included those who forget, as well." The meaning of this statement is that the Qur'an mentioned the expiation and sin of those who intentionally kill game,

لِّيَذُوقَ وَبَالَ أَمْرِهِ عَفَا اللَّهُ عَمَّا سَلَف وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ

(that he may taste the heaviness (punishment) of his deed. Allah has forgiven what is past, but whosoever commits it again, Allah will take retribution from him.) the Sunnah that includes the rulings issued by the Prophet and his Companions, indicated the necessity of expiation in cases of unintentional killing of game, just as the Book legislated expiation for intentional killing. Killing game is a form of waste, which requires expiation in intentional and unintentional cases, although those who intend it have sinned, rather than those who made an honest error. Allah's statement,

فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ

(The penalty is an offering of livestock equivalent to the one he killed.) indicates the necessity of offering an equivalent animal to the one the Muhrim killed. The Companions gave rulings that the camel, for instance, is the equivalent of the ostrich, the cow is the equivalent of wild cattle, and the goat for the deer. As for the cases when there is no equivalent for the killed animal, Ibn `Abbas said that one should spend its amount in Makkah (i.e. charity), as Al-Bayhaqi recorded. Allah's statement,

يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنْكُمْ

(As adjudged by two just men among you;) means, two just Muslim men should determine an animal equivalent to the game killed, or the amount of its price. Ibn Jarir recorded that Abu Jarir Al-Bajali said, "I killed a deer when I was in the state of Ihram and mentioned this fact to `Umar, who said, `Bring two of your brethren and let them judge you.' So I went to `Abdur-Rahman and Sa`d and they said that I should offer a male sheep." Ibn Jarir recorded that Tariq said, "Arbad killed a deer while in the state of Ihram and he went to `Umar to judge him. `Umar said to him, `Let us both judge,' and they judged that Arbad should offer a goat that was fed on abundant water and grass. `Umar commented,

يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنْكُمْ

(As adjudged by two just men among you;)." Allah's statement,

هَدْياً بَلِغَ الْكَعْبَةِ

(...an offering brought to the Ka`bah.) indicates that this equivalent animal should be brought to the Ka`bah, meaning, the Sacred Area, where it should be slaughtered and its meat divided between the poor of the Sacred Area. There is a consensus on this ruling. Allah said,

أَوْ كَفَّارَةٌ طَعَامُ مَسَكِينَ أَو عَدْلُ ذلِكَ صِيَاماً

(or, for expiation, he should feed the poor, or its equivalent in fasting,) that is, if the Muhrim does not find an equivalent to what he killed, or the animal hunted is not comparable to anything else. `Ali bin Abi Talhah said that Ibn `Abbas commented on the Ayah,

هَدْياً بَلِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَكِينَ أَو عَدْلُ ذلِكَ صِيَاماً

(...an offering brought to the Ka`bah, or, for expiation, he should feed the poor, or its equivalent in fasting.) "If the Muhrim killed game, then his judgement is its equivalent. If he kills an antelope, he offers a sheep slaughtered in Makkah. If he cannot, then he feeds six poor people, otherwise he should fast for three days. If he kills a deer, he offers a cow. If unable, he feeds twenty poor people, or otherwise if unable, he fasts for twenty days. If he kills an ostrich or zebra, he offers a camel, or he feeds thirty poor people, or fasts thirty days." Ibn Abi Hatim and Ibn Jarir recorded this statement, and in Ibn Jarir's narration, the food measurement is a Mudd (4 handfuls of food) each that suffices for the poor. Allah's statement,

لِّيَذُوقَ وَبَالَ أَمْرِهِ

(that he may taste the heaviness (punishment) of his deed.) means, We have required him to pay this expiation so that he tastes the punishment of his error,

عَفَا اللَّهُ عَمَّا سَلَف

(Allah has forgiven what is past.) during the time of Jahiliyyah, provided that one becomes good in Islam and follows Allah's Law, all the while avoiding the sin. Allah then said,

وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ

(but whosoever commits it again, Allah will take retribution from him.) meaning, whoever does this after it has been prohibited in Islam and having knowledge that it is prohibited,

فَيَنْتَقِمُ اللَّهُ مِنْهُ وَاللَّهُ عَزِيزٌ ذُو انْتِقَامٍ

(Allah will take retribution from him. And Allah is Almighty, All-Able of retribution.) Ibn Jurayj said, "I said to `Ata', `What is the meaning of,

عَفَا اللَّهُ عَمَّا سَلَف

(Allah has forgiven what is past.)' He said, `Meaning, during the time of Jahiliyyah.' I asked about,

وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ

(but whosoever commits it again, Allah will take retribution from him.) He said, `Whoever commits this offense again in Islam, then Allah will take retribution from him and he also has to pay the expiation.' I asked, `Is there any punishment for repeating this offense that you know of' He said, `No.' I said, `Do you think that the authorities should punish him' He said, `No, for it is a sin that he committed between him and Allah. He should pay the expiation."' Ibn Jarir recorded this statement. It was said that the `Allah will take retribution' refers to the expiation, according to Sa`id bin Jubayr, `Ata', and the majority among the earlier and later generations. They stated that when the Muhrim kills game, the expiation becomes necessary, regardless of whether it was the first, second or third offense, and whether intentional or by error. Ibn Jarir commented on Allah's statement;

وَاللَّهُ عَزِيزٌ ذُو انتِقَامٍ

(And Allah is Almighty, All-Able of retribution.) "Allah says that He is invincible in His control, none can resist Him, prevent Him from exacting retribution from anyone, or stop Him from punishing anyone. This is because all creation is His creation and the decision is His, His is the might, and His is the control. His statement,

ذُو انتِقَامٍ

(All-Able of retribution.) meaning, He punishes those who disobey Him for their disobedience of Him."

Water Game is Allowed for the Muhrim

Sa`id bin Al-Musayyib, Sa`id bin Jubayr and others commented on Allah's statement;

أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ

(Lawful to you is (the pursuit of) water game...) that it means, what one eats fresh from it, while,

وَطَعَامُهُ

(And its use for food) what is eaten dry and salted. Ibn `Abbas said that `water game' refers to what is taken from water while still alive, while,

وَطَعَامُهُ

(and its use for food) refers to what the water throws ashore dead. Similar statements were reported from Abu Bakr As-Siddiq, Zayd bin Thabit, `Abdullah bin `Amr, Abu Ayyub Al-Ansari, `Ikrimah, Abu Salamah bin `Abdur-Rahman, Ibrahim An-Nakha`i and Al-Hasan Al-Basri. Allah's statement,

مَتَعاً لَّكُمْ وَلِلسَّيَّارَةِ

(for the benefit of yourselves and those who travel,) as food and provision for you,

وَلِلسَّيَّارَةِ

(and those who travel, ) those who are in the sea and traveling along the sea, according to `Ikrimah. Other scholars said that water game is allowed for those who fish it from the sea, as well as, when it is salted and used as food for travelers inland. A similar statement was reported from Ibn `Abbas, Mujahid and As-Suddi and others. Imam Malik bin Anas recorded that Jabir bin `Abdullah said, "Allah's Messenger sent an army towards the east coast and appointed Abu `Ubaydah bin Al-Jarrah as their commander, and the army consisted of three hundred men, including myself. We marched on until we reached a place where our food was about to finish. Abu `Ubaydah ordered us to collect all the food for our journey, and it was collected in two bags of dates. Abu `Ubaydah kept on giving us our daily ration in small amounts from it, until it was exhausted. The share of each of us used to be one date only." I (one of the narrators from Jabir) said, "How could one date suffice for you" Jabir replied, "We came to know its value when even that finished." Jabir added, "When we reached the seashore, we saw a huge fish which was like a small mountain. The army ate from it for eighteen days. Then Abu `Ubaydah ordered that two of its ribs be affixed in the ground. Then he ordered that a she-camel be ridden, and it passed under the two ribs (forming an arch) without touching them." This Hadith was also collected in the Two Sahihs. eMalik recorded that Abu Hurayrah said, "A man asked Allah's Messenger ﷺ, `O Allah's Messenger! We go to sea and carry little water with us. If we use it for Wudu', we get thirsty, so should we use seawater for Wudu" The Messenger of Allah ﷺ said,

«هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُه»

(Its water is pure and its dead are lawful)." The two Imams, Ash-Shafi`i and Ahmad bin Hanbal, recorded this Hadith, along with the Four Sunan compilers. Al-Bukhari, At-Tirmidhi and Ibn Hibban graded it Sahih. This Hadith was also recorded from the Prophet by several other Companions.

Hunting Land Game is Prohibited During Ihram

Allah said,

وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُماً

(but forbidden is land game as long as you are in a state of Ihram.) Therefore, hunting land game during Ihram is not allowed, and if someone who is in the state of Ihram hunts, he will have to pay expiation, along with the sin he earns if he does it intentionally. If he hunts by mistake, he will have to pay the expiation and is not allowed to eat from it, because this type of game is just like dead animals, be he a Muhrim or a non-Muhrim. If someone who is not in the state of Ihram hunts and gives the food to a Muhrim, the Muhrim is not allowed to eat from its meat if it was killed for him in particular. As-Sa`b bin Jaththamah said that he gave a zebra as a gift to the Prophet in the area of Waddan or Abwa', the Prophet gave it back. When the Prophet saw the effect of his returning the gift on As-Sa`b's face, he said,

«إِنَّا لَمْ نَرُدَّهُ عَلَيْكَ إِلَّا أَنَّا حُرُم»

(We only gave it back to you because we are in a state of Ihram.) This Hadith was collected in the Two Sahihs. The Prophet thought that As-Sa`b hunted the zebra for him, and this is why he refused to take it. Otherwise, the Muhrim is allowed to eat from the game if one who is not in Ihram hunts it. For when Abu Qatadah hunted a zebra when he was not a Muhrim and offered it to those who were in the state of Ihram, they hesitated to eat from it. They asked the Messenger of Allah ﷺ and he said,

«هَلْ كَانَ مِنْكُمْ أَحَدٌ أَشَارَ إِلَيْهَا أَوْ أَعَانَ فِي قَتْلِهَا»

(Did any of you point at it or help kill it) They said, "No." He said,

«فَكُلُوا»

(Then eat,) and he also ate from it. This Hadith is also in the Two Sahihs with various wordings. Ibn Kathir only mentioned Ayat 96 to 99 here and explained the better part of Ayah number 96, but he did not mention the explanation of the rest of that Ayah or the other Ayat (97 to 99). This is the case in all of the copies of his Tafsir in existence, and he might have forgotten to do that, for it is less likely that all who copied this book forgot to copy only this part. So we used a summary of the Tafsir of these Ayat from the Imam of Tafsir, Ibn Jarir At-Tabari. We tried to summarize At-Tabari's eloquent words to the best of our ability, by Allah's help and leave.

وَاتَّقُواْ اللَّهَ الَّذِى إِلَيْهِ تُحْشَرُونَV

(And have Taqwa of Allah to Whom you shall be gathered back. ) Allah says, fear Allah, O people, and beware of His might, by obeying what He commands you and avoiding what He prohibits for you in these Ayat revealed to your Prophet . These Ayat forbid Khamr, gambling, Al-Ansab and Al-Azlam, along with hunting land game and killing it while in the state of Ihram. To Allah will be your return and destination, and He will punish you for disobeying Him and will reward you for obeying Him.

جَعَلَ اللَّهُ الْكَعْبَةَ الْبَيْتَ الْحَرَامَ قِيَاماً لّلنَّاسِ

(Allah has made the Ka`bah, the Sacred House, an asylum of security and benefits for mankind,) Allah says, Allah made the Ka`bah, the Sacred House, an asylum of safety for the people who have no chief to prevent the strong from transgressing against the weak, the evil from the good-doers, and the oppressors from the oppressed.

وَالشَّهْرَ الْحَرَامَ وَالْهَدْىَ وَالْقَلَئِدَ

(And also the Sacred Month and the animals of offerings and the garlanded.) Allah says that He made these symbols an asylum of safety for the people, just as He made the Ka`bah an asylum of safety for them, so that He distinguishes them from each other, for this is their asylum and symbol for their livelihood and religion. Allah made the Ka`bah, the Sacred Month, the Hady, the garlanded animals and people an asylum of safety for the Arabs who used to consider these symbols sacred. Thus, these symbols were just like the chief who is obeyed by his followers, and who upholds harmony and public safety. As for the Ka`bah, it includes the entire sacred boundary. Allah termed it "Haram" because He prohibited hunting its game and cutting its trees or grass. Similarly, the Ka`bah, the Sacred Month, the animals of offerings and the garlands were the landmarks of existing Arabs. These symbols were sacred during the time of Jahiliyyah and the people's affairs were guided and protected by them. With Islam they became the symbols of their Hajj, their rituals, and the direction of the prayer. i.e., the Ka`bah in Makkah.

ذلِكَ لِتَعْلَمُواْ أَنَّ اللَّهَ يَعْلَمُ مَا فِى السَّمَوَتِ وَمَا فِى الاٌّرْضِ وَأَنَّ اللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ

(that you may know that Allah has knowledge of all that is in the heavens and all that is in the earth, and that Allah is the All-Knower of each and everything.) Allah says; O people, I made these symbols an asylum for you, so that you know that He Who made these symbols that benefit your life and provide you with security, also knows everything in the heavens and earth that brings about your immediate or eventual benefit. Know that He has perfect knowledge of everything and that none of your deeds or affairs ever escapes His observation; and He will count them for you so that He rewards those who do good with the same and those who do evil in kind.

اعْلَمُواْ أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ وَأَنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(Know that Allah is severe in punishment and that Allah is Oft-Forgiving, Most Merciful.) Allah says, know that your Lord, Who has perfect knowledge of whatever is in the heavens and earth, and Who is never unaware of your deeds - public or secret - is severe in punishment for those who disobey and defy Him. He also pardons the sins of those who obey and repent to Him, more Merciful than to punish them for the sins that they repented from.

مَّا عَلَى الرَّسُولِ إِلاَّ الْبَلَغُ وَاللَّهُ يَعْلَمُ مَا تُبْدُونَ وَمَا تَكْتُمُونَ

(The Messenger's duty is but to convey. And Allah knows all that you reveal and all that you conceal.) This is a warning from Allah for His servants in which He says: Our Messenger ﷺ, whom We sent to you, has only to convey Our Message and then the reward for the obedience, and punishment for the disobedience is on Us. The obedience of those who accept Our Message never escapes Our knowledge, just as in the case of those who disobey and defy Our Message. We know what one of you does, demonstrates physically, announces, and utters with his tongue, and what you hide in your hearts, be it of faith, disbelief, certainty, doubt or hypocrisy. He Who is so capable, then nothing that the hearts conceal, nor any of the apparent acts of the souls in the heavens and earth could escape His knowledge. In His Hand, alone, is the reward and punishment, and He is worthy to be feared, obeyed and never disobeyed.