Al-Ma'idah 5:91–96

The second verse (91) describes the physical and outwardly visible defects of drinking and gambling: إِنَّمَا يُرِ‌يدُ الشَّيْطَانُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ‌ that is, the Satan wants nothing but to plant enmity and malice between you through drinking and gambling.

In fact, these verses were revealed in the background of events when actions taken under the influence of hard drinks became the cause of mutual anger and aggression. Things like this do not simply happen by chance. When drunk, man loses reason and would compulsively act in that manner.

So it is with gambling. No doubt, the loser takes the loss on the gambling counter, but malice and anger against the adversary continue influencing his behaviour. Explaining this verse, Sayyidna Qatadah (رح) says: It was the habit of some Arabs that they would bet all their belongings, even family, and lose them, after which, they would live a sorry life.

Towards the end of the verse, yet another drawback of this addiction has been pointed out in the words: وَيَصُدَّكُمْ عَن ذِكْرِ‌ اللَّهِ وَعَنِ الصَّلَاةِ (and to prevent you from the remembrance of Allah, and from Salah).

Obviously, this is a spiritual harm brought by drinking and gambling which has been mentioned again after mentioning their worldly bad effects. It may be a hint to the fact that the real harm is the spiritual harm, because the real life is the eternal life of the Hereafter for which one should be more careful and concerned. A wise person should take the betterment of that life as the real betterment and the suffering of that life as the real suffering. As for this worldly life, its time span is very limited. Within these limitations, neither good nor bad stand out as something to be proud of or pine about - because both conditions will vanish in a very short time.

It can also be said that negligence towards the Dhikr of Allah or the Salah is harmful both in this world and in the Hereafter and for the body and soul too. That it is harmful for the Hereafter and the soul of a person is all too obvious - one who skips Salah forgetting all about Allah ruins his life to come and causes his soul to become dead. A little reflection will show that the person heedless to Allah makes his own life a curse for himself. When one turns away from Allah and makes the acquisition of wealth and recognition his ultimate objective in life, they bring so many involvements with them which result in sorrows and concerns. Once in them, one becomes deprived of his chosen objective of peace and comfort through worldly possessions. Thus men of the material are never at peace with or without what they work for in their lives. In contrast to them is one whose heart is lit with the thought of his Creator and the bliss of his Salah. Wealth and power and office come to him with all peace and comfort they can bring. But, if they go away, nothing happens to their hearts. They are not affected by the change, for things are no happiness and losses are no sorrow as they are visiting guests of the doers of the right.

In short, if we were to think about the neglect of the Dhikr of Allah and the Salah, we shall come to the conclusion that its effects are equally bad for our life in the present world as well as in that of the Hereafter. Therefore, it is possible that by saying: رِ‌جْسٌ مِّنْ عَمَلِ الشَّيْطَانِ (... filth, a work of Satan), the purpose could be to state the other-worldly and spiritual harmfulness exclusively; and by saying: يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ (Satan wants nothing but to plant enmity and malice between you), the aim could be to point out to worldly and physical evils exclusively; and by saying: يَصُدَّكُمْ عَن ذِكْرِ‌ اللَّهِ وَعَنِ الصَّلَاة (to prevent you from the re-membrance of Allah, and the Salah), the objective could be to mention the total destruction of the life in this world and in the Hereafter both.

It will be noticed here that Salah has been mentioned separately - though, Salah is a part of the Dhikr of Allah. What is the wisdom behind mentioning Salah distinctly? The answer is that Salah has been mentioned separately because the text aims to indicate that Salah is important in its own place and certainly the superior most among all kinds of Dhikrullah (the remembrance of Allah).

After having described the physical and spiritual drawbacks of drinking and gambling, the way in which people have been asked to stay away from these indulgences is certainly disarming and heart-winning. It is said: فَهَلْ أَنتُم مُّنتَهُونَ (Would you, then, abstain?).

Described in the first two verses (90:91) was the unlawfulness of drinking and gambling, and its strict prohibition - an article of Divine Law, so to say. To make the word of law easy to act upon,

it is in the third verse (92) that the Holy Qur'an, in its characteristic way with words, has this to say:

وَأَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّ‌سُولَ وَاحْذَرُ‌وا ۚ فَإِن تَوَلَّيْتُمْ فَاعْلَمُوا أَنَّمَا عَلَىٰ رَ‌سُولِنَا الْبَلَاغُ الْمُبِينُ ﴿92﴾

And obey Allah and obey the Messenger, and be careful. If you turn back, be sure that the duty of Our Messenger is only to convey the Message clearly.

The lesson to be learnt is that the command to obey Allah and His Messenger is in one's own interest, and benefit. If one does not listen to the good counsel, their action brings no loss to Allah Jalla Sha'nuhu or to His Messenger. That Allah is far above any gain or loss was quite obvious, but in the case of the Messenger someone might have thought that a refusal to listen to him might affect or lessen the degree of his reward or station. To remove this doubt, it was said: أَنَّمَا عَلَىٰ رَ‌سُولِنَا الْبَلَاغُ الْمُبِي . It means: Even if none of you were to listen to and obey Our Messenger, it would still not make any difference to his integrity and station because he has completed the mission entrusted with him. His mission was to convey the commands of Allah Ta ala, openly and clearly. This he has accomplished. Now, after that, whoever chooses not to obey him will bring loss on his or her person - Our Messenger has nothing to lose in this case.

Sequence of Verses

A report from Sayyidna Abu Hurairah ؓ appearing in the Musnad of Ahmad, quoted in Al-Lubab, says: When the Verse forbidding drinking and gambling had been revealed, some people asked the Holy Prophet ﷺ that there were many people who drank wine and lived off earnings from gambling and then died before these were forbidden. What would happen to them, now that we know about these being حَرَام haram? Thereupon, the verse : لَيْسَ عَلَى الَّذِينَ آمَنُوا (On those who believe and do good deeds, there is no sin ...) was revealed.

In a verse appearing earlier (87): يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُحَرِّ‌مُوا طَيِّبَاتِ ( O those who believe, do not make unlawful good things ...), the making of good things unlawful was prohibited. Now, in the verse (94) : يَا أَيُّهَا الَّذِينَ آمَنُوا لَيَبْلُوَنَّكُمُ اللَّهُ بِشَيْءٍ ( those who believe, Allah shall certainly test you with some ... ), it is said that it is Allah Who has that absolute power to declare particular things unlawful in particular circumstances. (Bayan al Qur'an)

Commentary

Scholars have said that there are several degrees of Taqwa (abstaining from what is likely to harm the purity of one's faith). Similarly, the degrees of faith and belief are also different in terms of personal strength and weakness. The touchstone of experience and the inviolable authority of the Shari’ ah both prove that the more one progresses in the remembrance of Allah (Dhikr), concern for life here and hereafter (Fikr), good deeds (Al-Amalus-Salih) and Jihad in the way of Allah (Al-Jihad fi Sabilillah), the more filled his heart is with the fear of Allah and the awe of His greatness and majesty, with his faith and belief becoming firm and fortified more than ever. Thus, there are degrees of one's ascent onto the pathways of Allah (referred to as Sayrilallah by spiritual masters). The considered repetition in verse 93 of the basis of Taqwa (fear of Allah) and 'Iman (faith) is a pointer in this direction. Finally, at the end of the verse, what stands identified is the seeker's last station - Ihsan (righteousness at its best) - and the re-ward for it too, which is, the love of Allah. (Tafsir Usmani)

Rulings:

1. The game صَید (Sayd) which is حرام haram (unlawful) in the حرَم Haram (the precincts of the Sacred Mosque) and in اِحرَام Ihram (the state of consecration for Hajj or ` Umrah) is general in sense. It may be eatable, that is, a Halal (lawful) animal, or one uneatable, that is, a حَرَام haram (unlawful) animal (as generalized in the verse).

2. Sayd صَید ، that is, game, is the name of animals which are wild and who habitually do not live close to human beings. Thus, as for those which are naturally domesticated, such as, sheep, goats, cows and camels, slaughtering and eating them in Ihram is correct.

However, animals that have been exempted by a specific rule can be trapped and killed. It is Halal, for example, the hunting of sea (or water) game as permitted by Allah Ta` a1a: أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ‌ (lawful for you is the game of the sea). This applies to some land animals, crawlers and birds as well, such as, the wolf, the biting dog, the crow, the kite, the snake and the scorpion. Similarly, permissible is the killing of an attacking beast. Their exemption has been mentioned in Hadith. This tells us that the letter Alif-Lam in' اَلصَیدُ ' (Al-Sayd - 5:95) is that of Ahd.1

1. The Lam of ` Ahd indicates that the word is used in a restricted sense and not in a general sense. Here it means that all types of games are not prohibited, but the prohibition is restricted to some of them. (Muhammad Taqi Usmani)

3. It is permissible for a Muhrim (person in Ihram) to eat from Halal game which has been hunted in a state other than that of lhram and in a place other than that of the sacred precincts of the حَرَم Haram - subject to the condition that this person (in Ihram) has not been an assistant or adviser or guide in the hunting and killing of that game. This is exactly what the Hadith says. In addition to that, there is an indication towards this rule in the words: لَا تَقتُلُوا (la taqtulu: do not kill) in this verse (95) - because what is said here is "la taqtulu" (do not kill) and not لَاتَاکُلُوا ` la ta'kulu' (do not eat).

4. The way it is obligatory (Wajib) to pay compensation (Jaza' ) against killing land game in the sacred precincts of the Haram (Sacred Mosque) intentionally, similarly, it is also obligatory (Wajib) if done by mistake or forgetfulness. (As deduced in Ruh al Maini)

5. The compensation (Jaza' ) which becomes obligatory (Wajib) the first time shall remain equally obligatory (Wajib) in such killing a second or a third time as well.

6. The substance of the compensation (Jaza' ) is that, after having determined the (facts of) time and place of the killing of this animal, one should get an estimate of the cost of this animal from two just person, which is better, but, it is also permissible that he can have only one just person do it. Then, there are other details: If the killed animal is inedible (that is, حَرَام haram), then, this obligatory cost will not be more than the cost of a she-goat.

And if the animal was edible (that is, Halal), then, whatever the estimate (of cost), the whole of it will be obligatory (Wajib). Now, beyond these two situations, he has three options: (1) Whether he buys an animal at this price keeping in view the (standard) conditions which govern a sacrificial animal, and after slaughtering it properly within the sacred precincts of the حَرَم Haram (the Sacred Mosque and its environs), distributes it to persons poor and needy; or, (2) gives grains equivalent to the price of the animal, in accordance with the conditions of Sadaqatul-Fitr, at the rate of 1/2 Sa` per poor and needy person; or, (3) keeps as many fasts as would be the number of poor and needy persons to whom the amount of grains could reach at the rate of 1/2 Sa` per person. As for the distribution of the grains and the keeping of fasts, there is no restriction that these be done with-in the sacred precincts of the Haram. And in case the obligatory (Wajib) amount is a price less than 1/2 Sa`, then, one has the choice of either giving it to a poor and needy person, or keep a fast. Similarly, if one is left with less than 1/2 SW even after giving at the rate of 1/2 Sa` per poor and needy person, still then, one has the choice of either giving the remainder to one poor and needy person, or keep a fast. The weight of 1/2 Sa` is the equivalent of 1.75 Seers or 1.62 kg approximately (usually rounded as a matter of precaution).

7. If in lieu of giving the share of the number of poor and needy persons arrived at in the said estimate, one were to feed them two meals of the day, to their fill and satisfaction, that too will be permissible.

8. If an animal matching the cost arrived at in the estimate was selected for slaughter - but, some amount was left over - then, in this remainder, on'e has the choice of either buying another animal, or giving grain against it, or fasting in terms of the distributability of the grains. As compensation (Jaza' ) is obligatory in killing, similarly, in the case of such an animal becoming wounded, an estimate would have to be taken to determine how low the price of the animal has become as a result of its being wounded. Once again, in this amount of the cost, the same three options will be permissible.

9. The animal the hunting of which is حَرَام haram (unlawful) for a Muhrim (one in the consecrated state of Ihram), its slaughtering is حَرَام haram too. If the Muhrim were to slaughter it, its legal status will be that of carrion, dead animal. (In ` la-taqtulu,: [ do not kill ] there is a hint towards slaughter being like killing).

10. If the place where the animal was killed was a forest, then, the estimate will be made in terms of the habitation close to it.

11. Pointing to, guiding along or assisting in hunting is حَرَام haram (unlawful) as hunting itself.