Al-Ma'idah 5:87–90

Sequence of Verses

Upto this point, the subject revolved around the people of the Book. Onwards, there is a return to subsidiary injunctions some of which were taken up early in the Sarah, and some others also in between. Also reported is a particular link as relevant to -the occasion - that monasticism has been mentioned in a complimentary sense a little earlier (82), though it is there in terms of a particular feature in it, which is the abandonment of worldly desires. But, since there was a probability that someone may take the whole concept of monasticism as praiseworthy, it was considered appropriate at this point that the making unlawful of what Allah has made lawful be forbidden. (As abridged from Bayan a1-Qur'an by Mau1na Ashraf ` Ali Thanavi)

Commentary

Leaving the worldly pleasures, when permissible

The verses appearing above tell us that the renunciation of worldly life and the abstinence from appetites and passions is favourable within a certain limit, but any transgression of the Divinely-ordained limits in this matter too shall be blameworthy حَرَام and haram (unlawful, for-bidden). Details are being given below.

How Halal is turned into حَرَام haram : The Three Forms

There are three forms in which something made Halal (lawful and good) by Allah could be declared as حَرَام haram (unlawful and evil): (1) BELIEFWISE, that is, something is taken to be حَرَام haram by believing it to be so. (2) VERBALLY, that is, something is taken to be حَرَام haram for oneself by saying so - for instance, someone swears that he will not drink cold water, or would not eat such and such Halal food, or would not do something which is permissible. (3) PRACTICALLY, that is, someone who neither believes nor says anything, yet decides in practice that he or she would abandon something Halal forever.

1. Under the first situation, if that thing being Halal stands confirmed by absolute proofs, then, the person who takes it to be حَرَام haram shall become a disbeliever (kafir) because of that open contravention of the Divinely-ordained law.

2. And under the second situation, if someone has made something حَرَام haram for oneself by declaring it with words of oath, the oath will become effective. There are many words of oath details of which appear in Fiqh books - for example, someone clearly says: ` I swear by Allah, I will never eat that' or ` by Allah, I will not do that' or one might say, ` I make taking this or doing that حَرَام haram for me.' The rule which governs such actions is that taking such oaths unnecessarily is a sin. If taken, one must break the oath and make amends by paying the Kaffarah (expiation) of that oath, the detail about which will appear later.

3. The third will be a situation in which no Halal has been made حَرَام haram either by belief or word of mouth, but practically what one does is similar to what is done with something حَرَام haram, that is, takes it as obligatory to abandon it forever. The rule in this case is: If one takes the abandonment of the Halal to be an act of Thawab (merit, reward), then, it is Bid'ah (innovation in established religion) and Rahbaniyah (monasticism) - which is a grave sin as categorically laid down (Mansus) in the Qur'an and Sunnah; and acting against it is Wajib (necessary as an obligation); and adhering to such a restriction is an act of sin. Of course, if such a restriction is not there with the intention of Thawab, instead, it is there for some other reason, such as, some physical or spiritual sickness because of which one abandons something permanently, then, there will be no sin in doing so. Reports about some noble Sufis and other pious elders that they had abandoned some Halal things are all included under this third kind as they had found them to be harmful for their desiring self, or were advised by a pious elder to abstain from it as harmful in their case which they abandoned as a treatment and remedy. If so, it does not matter.

The Correct Attitude towards Halal Things

At the end of the first verse (87), it was said: وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ that is, ` and do not transgress the limits set by Allah because Allah does not like such transgressors.' Here, transgressing means that one abandons something Halal, without any valid excuse, as an act of Thawab. This is something an ignorant person takes to be Taqwa, fear of Allah, while, in the sight of Allah, that is transgression, which is impermissible. Therefore, it was said in the next verse (88): وَاتَّقُوا اللَّهَ الَّذِي أَنتُم بِهِ مُؤْمِنُونَ that is, `(eat from the good and pure sustenance Allah has blessed you with) and keep fearing Allah whose believers you are.' Stated clearly in this verse is that leaving off good and pure things as a source of Thawab (reward) is no Taqwa. Rather, quite contrary to that, Taqwa lies in using them as the blessings of Allah and showing one's gratitude for them. However, if something is abandoned as a curative measure against a physical or spiritual disease, that does not count here.

Sequence of Verses

Mentioned earlier was the taking of Halal things as unlawful. Since statements to this effect are sometimes sworn, therefore, the in-junction about taking of oaths follows in the present verse.

Commentary

Three Forms of Oaths and their Injunctions

1. Some forms in which oaths are taken have been described in this verse. Some have appeared in Surah al-Baqarah as well (Ma` ariful-Qur’ ا an, Volume I, Verse 2:225, pages 562-563). The gist of all these is that false swearing about a past event knowingly is, in the terminology of Muslim jurists, Yamin Ghamus (disastrous oath) - for instance, if a person has done something, and he knows that he has done it, and then he knowingly swears that he has not done it. This is false swearing, a grave major sin the curse of which falls in the present life and in the life-to-come. But, there is no Kaffarah (expiation) necessary for it. Taubah (repentance) and Istighfar (seeking forgiveness from Allah) are, however, necessary. That is the reason why the Muslim jurists call it the disastrous oath. Ghamus literally means that which drowns. This kind of oath drowns man into sin and its curse, a disaster for one's present and future life.

2. The second form is that someone declares on oath that a past event was true, as based on his knowledge, while it was actually false - for example, he learnt from someone that a certain person has come and trusting him, he declared on oath that the person has come, then, he came to know that this was contrary to what had actually happened. This is called Yamin Laghw لَغو (ineffectual oath), that which is not counted. Similarly, if a word denoting oath, such as ` by' or ` I swear,' comes to be said unintentionally, that too is known to be what is ` ineffectual oath.' It brings neither Kaffarah (expiation) nor sin.

3. The third form of oath is that one declares on oath that he would or would not do something in the future. This is known as al-Yamin al-Mun'aqidah (Binding oath). The rule which governs it is that, in the event the oath is broken, Kaffarah (expiation) becomes necessary - and under some situations, it brings sin as well, while in some others, it does not.

At this place in the present verse of the Qur'an, ` Laghw' (ineffectual, not counted) obviously means the oath which brings no Kaffarah (expiation) - whether a sin, or not; because it has been mentioned in contrast with : عَقَّدتُمُ الاَیمَانَ (the oaths you have bound yourselves with). This tells us that the accountability (Mu'akhadhah) mentioned here is only the accountability in the present world which comes in the form of Kaffarah (expiation). Then, in Surah al-Baqarah, it is said: لَّا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَٰكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ (And Allah does not hold you accountable for what is not countable from among your oaths, but holds you accountable for what your hearts have designed - 2:225). Here, ` Laghw' (what is not countable) means an oath which slips out from one's tongue without intention or volition, or an oath one takes about something assuming it to be true while it turns out to be false actually. Then, mentioned in contrast, is the other oath in which an intentional lie has been told. This is known as Yamin Ghamus explained earlier. Therefore, as for Yamin Laghw, it brings no sin, according to this verse - instead, what brings sin is Yamin Ghamus where the lie is intentional. Thus, the sin mentioned in the verse from Surah al-Baqarah refers to the sin one shall incur in the Hereafter for disobeying the Divine injunction. And in the present verse of Surah al-Ma'idah, the injunction concerns present life of the world, where Kaffarah (expiation) is required. The outcome is that Allah does not hold you accountable for what is not countable in your oaths, that is, does not make it obligatory for you to make amends for them by paying Kaffarah (expiation). Instead, Kaffarah is made necessary against the particular oath which has been accomplished about doing or not doing something in the future - and then, it has been broken. After that, the details of how Kaffarah has to be given is described in the following words كَفَّارَ‌تُهُ إِطْعَامُ عَشَرَ‌ةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِ‌يرُ‌ رَ‌قَبَةٍ (89). Three options have been given here which one may choose at one's discretion: (a) feed ten poor persons two average meals, or (b) clothe ten poor persons (sufficient to give them proper cover, such as, a garment for the lower body and another for the upper), or (c) free a slave (if in possession).

Said immediately after is: فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ (And whoever finds none shall fast for three days). It means if some breaker of such an oath does not have the ability to bear the cost of this financial expiation (Kaffarah) that is, one who does not have the means to feed ten poor persons, or clothe them, or free a slave, then, his or her Kaffarah is to fast for three days. In some narrations, for the fasts mentioned at this place in the text, the command is said to be that of ‘three consecutive days.’ Therefore, according to Imam Abu Hanifah and some other Imams, it is necessary that the three fasts against the Kaffarah (expiation) of Oath should be consecutive.

In this verse, the first word used in connection with the Kaffarah of Oath is: "It` am" which, according to Arabic usage, could either mean ` feed' or ` give food' to someone. Therefore, as determined by the Fuqaha' (Muslim Jurists), may the mercy of Allah be upon them, the sense of the verse is that the person giving Kaffarah can choose either of the two options. He can invite ten poor persons and feed them; or, he can give the food in their possession (literally in milkiyat or ownership). But, in the first situation, it is necessary that he should feed ten poor persons two meals of the day to their fill and satisfaction from the average food he usually eats with his family at home. And in the second situation, he should give to each of the ten poor persons at the rate of one Fitrah per person, that is 1-3/4 kilograms of wheat, or its cost in cash. He can go by any one of the three he likes. But, fasting can be sufficient only when one does not have the ability to take any of the three options.

Paying Kaffarah, before Oath is Broken, is not Valid

Towards the end of the verse, the need to observe caution has been commanded about two things. The first one appears in: ذَلِكَ كَفَّارَ‌ةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ (that is expiation for your oaths when you have sworn). According to Imam Abu Hanifah (رح) and other Imams, it means: When you give a sworn statement about doing or not doing something in the future - following which occurs its violation - then, its Kaffarah is what has been mentioned above. The essence of the statement is that the Kaffarah should be given after the oath has broken. A Kaffarah given before the breaking of the oath will not be valid. The reason is that the cause which makes Kaffarah necessary lies in the breaking of the oath. As long as the oath does not break, Kaffarah just does not become necessary. As there is no Salah before its time, and there is no Ramadan fast before the month of Ramadan, so it is with the Kaffarah of Oath which cannot be given before the oath breaks.

After that comes the second note of caution: (And take care of your oaths). In this sense of guarding an oath it would mean: If you have sworn to something, then do not break your oath without a legal or physical necessity. Some other respected scholars have said that it means that one should not hasten to give a sworn statement. One should guard and protect one's oath, as if kept in reserve. Unless it be under severe compulsion, one should not take oaths casually. (Mazhari)

Linkage of Verses

Earlier, considered abandonment of Halal things was prohibited. Prohibited now is the use of some Harm things.

Commentary

Creation of the Universe is for the Benefit of Human Beings

Through these verses, the purpose is to tell that the Master of the Universe has created it to serve human beings. Everything in it has been appointed to take care of their wishes. They are the served ones in this Universe. There is only one restriction placed on them: Do not transgress the limits set by Allah when you benefit from what He has created. Abstaining from good and lawful things made Halal for you is mannerlessness and ingratitude; and the contravention of what has been prohibited in a certain form is disobedience and rebellion. A servant of Allah must make use of what has been created for him or her following the instructions of the Creator and Master. This is the ` abdiyyah (the state of being a slave of Allah, which requires total sub-mission to as related to Allah which is the highest possible achievement human beings can look forward to).

The first verse (90) describes the prohibition of four things: (1) Drinking, (2) Gambling, (3) Idols and (4) Divining Arrows. Another verse on this subject in almost similar words has appeared in Surah al-Baqarah as well [ Ma'ariful-Qur'an, Volume I, Verse 2:219, Pages 539-553]. There too, as here, these four things have been called "Rijs" (filth). In the Arabic language, the word "Rijs" refers to something foul, which is disgusting for human taste. All four things mentioned here are, for anyone with commonsense and good taste, repulsive and disgusting.

An Explanation of "Al-Az lam"

One of the four things is Azlam which is the plural of Zalam. Azlam is the name of the arrows which were used to draw lots in gambling, an Arab practice at that time. The custom was that ten people would get together as partners and slaughter a camel. Then, rather than distribute ten equal shares from the meat to each participant, they had a way of gambling with the exercise. They had ten arrows, out of which they would pick out seven and mark them out with signs indicating the number of some shares on each - some arrow would have one, others would have two or three. The three remaining arrows were kept blank. They would put all these arrows in the quiver and give it a good shake. Then, for every participant, they would draw out one arrow from the quiver. If the arrow so drawn had a certain number of shares marked on it, the recepient of the arrow became de-serving of that many shares. Whoever drew a blank arrow in his name would remain deprived of a share. This is similar to many kinds of lottery-based games and enterprises common today. Drawing lots in this manner is Qimar or gambling which is حَرَام haram according to the Qur'an.

The Permissible Way of Drawing Lots

However, there is one way of drawing lots which is permissible, and proved from the Holy Prophet ﷺ According to this method, when the rights everyone has are equal and the shares too have been distributed equally, then, the shares can be determined by drawing lots. Let us take an example - a house has to be divided among four sharers so we come up with four equal shares in terms of the price. Now, we have to determine as to who keeps which share. If it cannot be done by mutual compromise and consent, it is also possi-ble that we can settle this by drawing lots whereby whoever gets a certain portion of the house as his share may have it. Or, the number of people eager to have something is one thousand, and the rights everyone has are equal, but the number of what has to be distributed is only one hundred. In this condition, the matter can be decided by drawing lots.

As for the prohibition of the pagan custom of distributing meat by drawing of lots through divining arrows, it has already appeared in a verse of Surah al-Ma'idah itself, that is: وَأَن تَسْتَقْسِمُوا بِالْأَزْلَامِ (and that you determine shares through the arrows - 5:3).

In short, two out of the four things declared Harm in this verse, that is, ` Maisir' (gambling) and ` Azlam' (divining arrows), in terms of the outcome, are just the same. As for ` Ansab' (altar-stones), the word Al-Ansab is the plural of Nusub. It refers to what has been made to stand as an object of worship, whether an idol, a stone or tree.

Physical and Spiritual Disorders Caused by Drinking and Gambling

The main objective in this verse, as evident from the background of its revelation and the verse which follows it, is to indicate that drinking and gambling, being agencies of corruption, have been made حَرَام haram. The addition of altar-stones or idols to this list is there for listeners to understand that this matter of drinking and gambling is as serious a crime as the worship of idols.

In a Hadith from Ibn Majah, the Holy Prophet ﷺ is reported to have said: شَارِبُ الخمرِ کَعَابِدِ الوَثنِ , that is, one who drinks is (a criminal) like the one who worships idols. In some narrations, the words appear as: شَارِبُ الخَمرِ کَعَابدِ اللَّاتِ وَ العُزَّی ، that is, one who drinks is like the one who worships (the idols) Al-Laat and Al-'Uzza.

In brief, by saying رِ‌جْسٌ مِّنْ عَمَلِ الشَّيْطَانِ that these things are filth, a work of Satan, taken up first were their spiritual ills. The sense is that indulgence in these activities is disgusting. This is a trap of Satan. Whoever walks in never walks out, only to become a victim of many more vices. Then, the command given was: فَاجْتَنِبُوهُ (Therefore, refrain from it) since the nature of these indulgences requires it. In the end it was said: لَعَلَّكُمْ تُفْلِحُونَ (so that you may be successful). It means that one's chances of succeeding and prospering in the present world and in the Hereafter depend on doing just that - abstain.