The Disbeliever is just like an Animal


Allah then made a parable of the disbelievers, just as He said in another Ayah:


[لِلَّذِينَ لاَ يُؤْمِنُونَ بِالاٌّخِرَةِ مَثَلُ السَّوْءِ]


(For those who believe not in the Hereafter is an evil description.) (16:60)


Similarly, Allah said here (2:171 above)


[وَمَثَلُ الَّذِينَ كَفَرُواْ]


(And the example of those who disbelieve...) meaning, in their injustice, misguidance and ignorance, they are just like wandering animals, not understanding what they are told; if the shepherd heralds them or calls them to what benefits them, they would not understand what is actually being said to them, for they only hear unintelligible sounds. This is what is reported from Ibn `Abbas, Abu Al-`Aliyah, Mujahid, `Ikrimah, `Ata', Al-Hasan, Qatadah, `Ata' Al-Khurasani and Ar-Rabi` bin Anas.


[صُمٌّ بُكْمٌ عُمْىٌ]


(They are deaf, dumb, and blind.) means, they are deaf, as they do not hear the truth; mute, as they do not utter it; and blind, as they do not see or recognize its path and way.


[فَهُمْ لاَ يَعْقِلُونَ]


(So they do not understand.) means, they do not comprehend or understand anything.


[يـأَيُّهَا الَّذِينَ ءَامَنُواْ كُلُواْ مِن طَيِّبَاتِ مَا رَزَقْنَـكُمْ وَاشْكُرُواْ للَّهِ إِن كُنتُمْ إِيَّاهُ تَعْبُدُونَ - إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنزِيرِ وَمَآ أُهِلَّ بِهِ لِغَيْرِ اللَّهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ فَلاَ إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ]


(172. O you who believe (in the Oneness of Allah ـ Islamic Monotheism)! Eat of the lawful things that We have provided you with, and be grateful to Allah, if it is indeed He Whom you worship). (173. He has forbidden you only the Maitah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a sacrifice for other than Allah. But if one is forced by necessity without willful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful.)

The Command to eat Pure Things and the Explanation of the Prohibited Things


Allah commands His believing servants to eat from the pure things that He has created for them and to thank Him for it, if they are truly His servants. Eating from pure sources is a cause for the acceptance of supplications and acts of worship, just as eating from impure sources prevents the acceptance of supplications and acts of worship, as mentioned in a Hadith recorded by Imam Ahmad, that Abu Hurayrah said that Allah's Messenger said:


«أَيُّهَا النَّاسُ إِنَّ اللهَ طَيِّبٌ، لَا يَقْبَلُ إِلَّا طَيِّـبًا، وَإنَّ اللهَ أَمَرَ الْمُؤْمِنِينَ بِمَا أَمَرَ بِهِ الْمُرْسَلِينَ، فَقَالَ:


[يأَيُّهَا الرُّسُلُ كُلُواْ مِنَ الطَّيِّبَـتِ وَاعْمَلُواْ صَـلِحاً إِنِّى بِمَا تَعْمَلُونَ عَلِيمٌ ]


، وَقَالَ:


[يـأَيُّهَا الَّذِينَ ءَامَنُواْ كُلُواْ مِن طَيِّبَاتِ مَا رَزَقْنَـكُمْ]


ثُمَّ ذَكَرَ الرَّجُلَ يُطِيلُ السَّفَرَ أَشْعَثَ أَغْبَرَ يَمُدُّ يَدَيْهِ إِلَى السَّمَاءِ: يَا رَبِّ يَا رَبِّ، وَمَطْعَمُهُ حَرَامٌ، وَمَشْرَبُهُ حَرَامٌ، وَملْبَسُهُ حَرَامٌ، وَغُذِّيَ بالْحَرَامِ فَأَنَّى يُسْتَجَابُ لِذلِكَ؟»(O people! Allah is Tayyib (Pure and Good) and only accepts that which is Tayyib. Allah has indeed commanded the believers with what He has commanded the Messengers, for He said: (O (you) Messengers! Eat of the Tayyibat and do righteous deeds. Verily, I am well-acquainted with what you do) (23:51), and: (O you who believe! Eat of the lawful things that We have provided you with) He then mentioned a man, (who is engaged in a long journey, whose hair is untidy and who is covered in dust, he raises his hands to the sky, and says, `O Lord! O Lord!' Yet, his food is from the unlawful, his drink is from the unlawful, his clothes are from the unlawful, and he was nourished by the unlawful, so how can it (his supplication) be accepted'') It was also recorded by Muslim and At-Tirmidhi


After Allah mentioned how He has blessed His creatures by providing them with provisions, and after commanding them to eat from the pure things that He has provided them, He then stated that He has not prohibited anything for them, except dead animals. Dead animals are those that die before being slaughtered; whether they die by strangling, a violent blow, a headlong fall, the goring of horns or by being partly eaten by a wild animal. Dead animals of the sea are excluded from this ruling, as is explained later, Allah willing, as Allah said:


[أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ]


(Lawful to you is (the pursuit of) watergame and its use for food) (5:96), and because of the Hadith about the whale recorded in the Sahih. The Musnad, Al-Muwatta' and the Sunan recorded the Prophet saying about the sea:


«هُوَ الطَّهُورُ مَاؤُهُ والْحِلُّ مَيْتَتُه»


(Its water is pure and its dead are permissible.)


Ash-Shafi`i, Ahmad, Ibn Majah, and Ad-Daraqutni reported that Ibn `Umar said that the Prophet said:


«أُحِلَّ لَنَا مَيْتتَانِ وَدَمَانِ،السَّمَكُ وَالْجَرَادُ وَالْكَبِدُ وَالطِّحَال»


(We have been allowed two dead things and two bloody things: fish and locusts; and liver and spleen).


We will mention this subject again in Surat Al-Ma'idah (chapter 5 in the Qur'an), In sha' Allah (if Allah wills).


Issue: According to Ash-Shafi`i and other scholars, milk and eggs that are inside dead unslaughtered animals are not pure, because they are part of the dead animal. In one narration from him, Malik said that they are pure themselves, but become impure because of their location. Similarly, there is a difference of opinion over the cheeses (made with the milk) of dead animals. The popular view of the scholars is that it is impure, although they mentioned the fact that the Companions ate from the cheeses made by the Magians (fire worshippers). Hence, Al-Qurtubi commented: "Since only a small part of the dead animal is mixed with it, then it is permissible, because a minute amount of impurity does not matter if it is mixed with a large amount of liquid.'' Ibn Majah reported that Salman said that Allah's Messenger was asked about butter, cheese and fur. He said:


«الْحَلَالُ مَا أَحَلَّ اللهُ فِي كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْه»


(The allowed is what Allah has allowed in His Book and the prohibited is what Allah has prohibited in His Book. What He has not mentioned is a part of what He has pardoned.)


Allah has prohibited eating the meat of swine, whether slaughtered or not, and this includes its fat, either because it is implied, or because the term Lahm includes that, or by analogy. Similarly prohibited are offerings to other than Allah, that is what was slaughtered in a name other than His, be it for monuments, idols, divination, or the other practices of the time of Jahiliyyah. Al-Qurtubi mentioned that `A'ishah was asked about what non-Muslims slaughter for their feasts and then offer some of it as gifts for Muslims. She said, "Do not eat from what has been slaughtered for that day, (or feast) but eat from their vegetables.''

The Prohibited is Allowed in Cases of Emergency


Then Allah permitted eating these things when needed for survival or when there are no permissible types of food available. Allah said:


[فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ]


(But if one is forced by necessity without willful disobedience nor transgressing due limits), meaning, without transgression or overstepping the limits,


[فَلاَ إِثْمَ عَلَيْهِ]


(...then there is no sin on him.) meaning, if one eats such items, for,


[إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]


(Truly, Allah is Oft-Forgiving, Most Merciful.)


Mujahid said, "If one is forced by necessity without willful disobedience nor transgressing the set limits. For example, if he didn't, then he would have to resort to highway robbery, rising against the rulers, or some other kinds of disobedience to Allah, then the permission applies to him. If one does so transgressing the limits, or continually, or out of disobedience to Allah, then the permission does not apply to him even if he is in dire need.'' The same was reported from Sa`id bin Jubayr. Sa`id and Muqatil bin Hayyan are reported to have said that without willful disobedience means, "Without believing that it is permissible.'' It was reported that Ibn `Abbas commented on the Ayah:


[غَيْرَ بَاغٍ وَلاَ عَادٍ]


(. ..without willful disobedience nor transgressing) saying, "Without willful disobedience means eating the dead animal and not continuing to do so. Qatadah said:


[غَيْرَ بَاغٍ]


(without willful disobedience) "Without transgressing by eating from the dead animals, that is when the lawful is available.''


Issue: When one in dire straits finds both ـ dead animals, and foods belong to other people which he could get without risking the loss of his hands or causing harm, then it is not allowed for him to eat the dead animals. Ibn Majah reported that `Abbad bin Shurahbil Al-Ghubari said, "One year we suffered from famine. I came to Al-Madinah and entered a garden. I took some grain that I cleaned, and ate, then I left some of it in my garment. The owner of the garden came, roughed me up and took possession of my garment. I then went to Allah's Messenger and told him what had happened. He said to the man:


«مَا أَطْعَمْتَهُ إِذْ كَانَ جَائِعًا أَوْ سَاغِبًا وَلَا عَلَّمْتَهُ إِذْ كَانَ جَاهِلًا»


فَأَمَرَهُ فَرَدَّ إِلَيْهِ ثَوْبَهُ، فَأمَرَ لَهُ بِوَسْقٍ مِنْ طَعَامٍ أَوْ نِصْفِ وَسْقٍ.


(You have not fed him when he was hungry - or he said starving - nor have you taught him if he was ignorant.)


The Prophet commanded him to return `Abbad's garment to him, and to offer him a Wasq (around 180 kilograms) - or a half Wasq - of food


This has a sufficiently strong chain of narrators and there are many other witnessing narrations to support it, such as the Hadith that `Amr bin Shu`ayb narrated from his father that his grandfather said: Allah's Messenger was asked about the hanging clusters of dates. He said:


«مَنْ أَصَابَ مِنْهُ مِنْ ذِي حَاجَةٍ بِفِيهِ غَيْرَ مُتَّخِذٍ خُبْنَةً،فَلَا شَيْءَ عَلَيْه»


(There is no harm for whoever takes some of it in his mouth for a necessity without putting it in his garment.)


Muqatil bin Hayyan commented on:


[فَلاَ إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]


(...then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful.) "For what is eaten out of necessity.'' Sa`id bin Jubayr said, "Allah is pardoning for what has been eaten of the unlawful, and Merciful' in that He allowed the prohibited during times of necessity.'' Masruq said, "Whoever is in dire need, but does not eat or drink until he dies, he will enter the Fire.'' This indicates that eating dead animals for those who are in need of it for survival is not only permissible but required.


[إِنَّ الَّذِينَ يَكْتُمُونَ مَآ أَنزَلَ اللَّهُ مِنَ الْكِتَـبِ وَيَشْتَرُونَ بِهِ ثَمَنًا قَلِيًلا أُولَـئِكَ مَا يَأْكُلُونَ فِي بُطُونِهِمْ إِلاَّ النَّارَ وَلاَ يُكَلِّمُهُمُ اللَّهُ يَوْمَ الْقِيَـمَةِ وَلاَ يُزَكِّيهِمْ وَلَهُمْ عَذَابٌ أَلِيمٌ - أُولَـئِكَ الَّذِينَ اشْتَرَوُاْ الضَّلَـلَةَ بِالْهُدَى وَالْعَذَابَ بِالْمَغْفِرَةِ فَمَآ أَصْبَرَهُمْ عَلَى النَّارِ - ذَلِكَ بِأَنَّ اللَّهَ نَزَّلَ الْكِتَـبَ بِالْحَقِّ وَإِنَّ الَّذِينَ اخْتَلَفُواْ فِى الْكِتَـبِ لَفِى شِقَاقٍ بَعِيدٍ ]


(174. Verily, those who conceal what Allah has sent down of the Book, and purchase a small gain therewith (of worldly things), they eat into their bellies nothing but fire. Allah will not speak to them on the Day of Resurrection, nor purify them, and theirs will be a painful torment). (175. Those are they who have purchased error at the price of guidance, and torment at the price of forgiveness. So how bold they are (for evil deeds which will push them) to the Fire). (176. That is because Allah has sent down the Book (the Qur'an) in truth. And verily, those who disputed as regards the Book are far away in opposition).

Criticizing the Jews for concealing what Allah revealed

Allah said:


[إِنَّ الَّذِينَ يَكْتُمُونَ مَآ أَنزَلَ اللَّهُ مِنَ الْكِتَـبِ]

(Verily, those who conceal what Allah has sent down of the Book.) Meaning the Jews who concealed their Book's descriptions of Muhammad , all of which testify to his truth as a Messenger and a Prophet. They concealed this information so that they would not lose authority and the position that they had with the Arabs, where they would bring them gifts, and honor them. The cursed Jews feared that if they announced what they know about Muhammad , then the people would abandon them and follow him. So they hid the truth so that they may retain the little that they were getting, and they sold their souls for this little profit. They preferred the little that they gained over guidance and following the truth, believing in the Messenger and having faith in what Allah was sent him with. Therefore, they have profited failure and loss in this life and the Hereafter.


As for this world, Allah made the truth about His Messenger known anyway, by the clear signs and the unequivocal proofs. Thereafter, those whom the Jews feared would follow the Prophet , believed in him and followed him anyway, and so they became his supporters against them. Thus, the Jews earned anger on top of the wrath that they already had earned before, and Allah criticized them again many times in His Book. For instance, Allah said in this Ayah (2:174 above):


[إِنَّ الَّذِينَ يَكْتُمُونَ مَآ أَنزَلَ اللَّهُ مِنَ الْكِتَـبِ وَيَشْتَرُونَ بِهِ ثَمَنًا قَلِيًلا]


(Verily, those who conceal what Allah has sent down of the Book, and purchase a small gain therewith (of worldly things).) meaning, the joys and delights of this earthly life. Allah said:


[أُولَـئِكَ مَا يَأْكُلُونَ فِي بُطُونِهِمْ إِلاَّ النَّارَ]


(...they eat into their bellies nothing but fire,) meaning, whatever they eat in return for hiding the truth, will turn into a raging fire in their stomachs on the Day of Resurrection.


Similarly, Allah said:


[إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَـمَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً ]


(Verily, those who unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will be burnt in the blazing Fire!) (4:10)


Also, reported in an authentic Hadith is that Allah's Messenger said:


«الَّذِي يَأْكُلُ أَوْ يَشْرَبُ فِي آنِيةِ الذَّهَبِ وَالْفِضَّةِ إنَّمَا يُجَرْجِرُ فِي بَطْنِهِ نَارَ جَهَنَّم»


(Those who eat or drink in golden or silver plates are filling their stomachs with the fire of Jahannam (Hell).)


Allah said:


[وَلاَ يُكَلِّمُهُمُ اللَّهُ يَوْمَ الْقِيَـمَةِ وَلاَ يُزَكِّيهِمْ وَلَهُمْ عَذَابٌ أَلِيمٌ]


(Allah will not speak to them on the Day of Resurrection, nor purify them, and theirs will be a painful torment.)


This is because Allah is furious with them for concealing the truth. They thus deserve Allah's anger, so Allah will not look at them or purify them, meaning that He will not praise them but will cause them to taste a severe torment. Then, Allah said about them:


[أُوْلَـئِكَ الَّذِينَ اشْتَرَوُاْ الضَّلَـلَةَ بِالْهُدَى]


(Those are they who have purchased error for guidance.)


Hence, they opposed the guidance, that is, not announcing the Prophet's description they find in their Books, the news about his prophecy and the good news of his coming which the previous Prophets proclaimed, as well as following and believing in him. Instead, they preferred misguidance by denying him, rejecting him and concealing his descriptions that were mentioned in their Books. Allah said:


[وَالْعَذَابَ بِالْمَغْفِرَةِ]


(...and torment at the price of forgiveness,) meaning, they preferred torment over forgiveness due to the sins they have committed. Allah then said:


[فَمَآ أَصْبَرَهُمْ عَلَى النَّارِ]


(So how bold they are (for evil deeds which will push them) to the Fire.)


Allah states that they will suffer such severe, painful torment that those who see them will be amazed at how they could bear the tremendous punishment, torture and pain that they will suffer. We seek refuge with Allah from this evil end. RAllah's Statement:


[ذَلِكَ بِأَنَّ اللَّهَ نَزَّلَ الْكِتَـبَ بِالْحَقِّ]


(That is because Allah has sent down the Book (the Qur'an) in truth. ) means, they deserve this painful torment because Allah has revealed Books to His Messenger Muhammad , and the Prophets before him, and these revelations bring about truth and expose falsehood. Yet, they took Allah's signs for mockery. Their Books ordered them to announce the truth and to spread the knowledge, but instead, they defied the knowledge and rejected it. This Final Messenger ـ Muhammad ـ called them to Allah, commanded them to work righteousness and forbade them from committing evil. Yet, they rejected, denied and defied him and hid the truth that they knew about him. They, thus, mocked the Ayat that Allah revealed to His Messengers, and this is why they deserved the torment and the punishment. This is why Allah said here (2:176):


[ذَلِكَ بِأَنَّ اللَّهَ نَزَّلَ الْكِتَـبَ بِالْحَقِّ وَإِنَّ الَّذِينَ اخْتَلَفُواْ فِى الْكِتَـبِ لَفِى شِقَاقٍ بَعِيدٍ ]


(That is because Allah has sent down the Book (the Qur'an) in truth. And verily, those who disputed about the Book are far away in opposition.)


[لَّيْسَ الْبِرَّ أَن تُوَلُّواْ وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَـكِنَّ الْبِرَّ مَنْ ءَامَنَ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَالْمَلَـئِكَةِ وَالْكِتَـبِ وَالنَّبِيِّينَ وَءَاتَى الْمَالَ عَلَى حُبِّهِ ذَوِى الْقُرْبَى وَالْيَتَـمَى وَالْمَسَـكِينَ وَابْنَ السَّبِيلِ وَالسَّآئِلِينَ وَفِي الرِّقَابِ وَأَقَامَ الصَّلَوةَ وَءَاتَى الزَّكَوةَ وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَـهَدُواْ وَالصَّابِرِينَ فِى الْبَأْسَآءِ والضَّرَّاءِ وَحِينَ الْبَأْسِ أُولَـئِكَ الَّذِينَ صَدَقُوا وَأُولَـئِكَ هُمُ الْمُتَّقُونَ ]


(177. It is not Birr that you turn your faces towards east and (or) west; but Birr is the one who believes in Allah, the Last Day, the Angels, the Book, the Prophets and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masakin (the poor), and to the wayfarer, and to those who ask, and to set servants free, performs As-Salah (Iqamat-As-Salah), and gives the Zakah, and who fulfill their covenant when they make it, and who are patient in extreme poverty and ailment (disease) and at the time of fighting (during the battles). Such are the people of the truth and they are Al-Muttaqun (the pious).)

Al-Birr (Piety, Righteousness)


This Ayah contains many great wisdoms, encompassing rulings and correct beliefs.


As for the explanation of this Ayah, Allah first commanded the believers to face Bayt Al-Maqdis, and then to face the Ka`bah during the prayer. This change was difficult for some of the People of the Book, and even for some Muslims. Then Allah sent revelation which clarified the wisdom behind this command, that is, obedience to Allah, adhering to His commands, facing wherever He commands facing, and implementing whatever He legislates, that is the objective. This is Birr, Taqwa and complete faith. Facing the east or the west does not necessitate righteousness or obedience, unless it is legislated by Allah. This is why Allah said:


[لَّيْسَ الْبِرَّ أَن تُوَلُّواْ وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَـكِنَّ الْبِرَّ مَنْ ءَامَنَ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]


(It is not Birr that you turn your faces towards east and (or) west (in prayers); but Birr is the one who believes in Allah and the Last Day,)


Similarly, Allah said about the sacrifices:


[لَن يَنَالَ اللَّهَ لُحُومُهَا وَلاَ دِمَآؤُهَا وَلَـكِن يَنَالُهُ التَّقْوَى مِنكُمْ]


(It is neither their meat nor their blood that reaches Allah, but it is the piety from you that reaches Him.) (22:37)


Abu Al-`Aliyah said, "The Jews used to face the west for their Qiblah, while the Christians used to face the east for their Qiblah. So Allah said:


[لَّيْسَ الْبِرَّ أَن تُوَلُّواْ وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ]


(It is not Birr that you turn your faces towards east and (or) west (in prayers)) (2: 177) meaning, "this is faith, and its essence requires implementation.'' Similar was reported from Al-Hasan and Ar-Rabi` bin Anas. Ath-Thawri recited:


[وَلَـكِنَّ الْبِرَّ مَنْ ءَامَنَ بِاللَّهِ]


(but Birr is the one who believes in Allah,) and said that what follows are the types of Birr. He has said the truth. Certainly, those who acquire the qualities mentioned in the Ayah will have indeed embraced all aspects of Islam and implemented all types of righteousness; believing in Allah, that He is the only God worthy of worship, and believing in the angels the emissaries between Allah and His Messengers.


The `Books' are the Divinely revealed Books from Allah to the Prophets, which were finalized by the most honorable Book (the Qur'an). The Qur'an supercedes all previous Books, it mentions all types of righteousness, and the way to happiness in this life and the Hereafter. The Qur'an abrogates all previous Books and testfies to all of Allah's Prophets, from the first Prophet to the Final Prophet, Muhammad, may Allah's peace and blessings be upon them all.


Allah's statement:


[وَءَاتَى الْمَالَ عَلَى حُبِّهِ]


(...and gives his wealth, in spite of love for it,) refers to those who give money away while desiring it and loving it. It is recorded in the Sahihayn that Abu Hurayrah narrated that the Prophet said:


«أَفْضَلُ الصَّدَقةِ أَنْ تَصَدَّقَ وَأَنْتَ صَحِيحٌ شَحِيحٌ، تَأْمُلُ الْغِنَى وتَخْشَى الْفقْر»


(The best charity is when you give it away while still healthy and thrifty, hoping to get rich and fearing poverty.)


Allah said:


[وَيُطْعِمُونَ الطَّعَامَ عَلَى حُبِّهِ مِسْكِيناً وَيَتِيماً وَأَسِيراً - إِنَّمَا نُطْعِمُكُمْ لِوَجْهِ اللَّهِ لاَ نُرِيدُ مِنكُمْ جَزَآءً وَلاَ شُكُوراً ]


(And they give food, inspite of their love for it, to the Miskin (the poor), the orphan, and the captive (saying): "We feed you seeking Allah's Face only. We wish for no reward, nor thanks from you.'') (76:8, 9)


and:


[لَن تَنَالُواْ الْبِرَّ حَتَّى تُنفِقُواْ مِمَّا تُحِبُّونَ]


(By no means shall you attain Birr unless you spend of that which you love.) (3:92) Allah's statement:


[وَيُؤْثِرُونَ عَلَى أَنفُسِهِمْ وَلَوْ كَانَ بِهِمْ خَصَاصَةٌ]


(...and give them preference over themselves even though they were in need of that) (59:9) refers to a higher category and status, as the people mentioned here give away what they need, while those mentioned in the previous Ayat give away what they covet (but not necessarily need).


Allah's statement:


[ذَوِى الْقُرْبَى]


(the kinsfolk) refers to man's relatives, who have more rights than anyone else to one's charity, as the Hadith supports:


«الصَّدَقَةُ عَلَى الْمَسَاكِينِ صَدَقَةٌ، وعَلَى ذِي الرَّحِمِ اثْنتَانِ: صَدَقَةٌ وَصِلَـةٌ، فَهُمْ أَوْلَى النَّاسِ بِكَ وَبِبِرِّكَ وَإِعْطَائِك»


(Sadaqah (i. e., charity) given to the poor is a charity, while the Sadaqah given to the relatives is both Sadaqah and Silah (nurturing relations), for they are the most deserving of you and your kindness and charity).


Allah has commanded kindness to the relatives in many places in the Qur'an.


[وَالْيَتَـمَى]


(to the orphans) The orphans are children who have none to look after them, having lost their fathers while they are still young, weak and unable to find their own sustenance since they have not reached the age of work and adolescence. `Abdur-Razzaq reported that `Ali said that the Prophet said:


[وَالْمَسَـكِينُ]


(and to Al-Masakin) The Miskin is the person who does not have enough food, clothing, or he has no dwelling. So the Miskin should be granted the provisions to sustain him enough so that he can acquire his needs. In the Sahihayn it is recorded that Abu Hurayrah said that Allah's Messenger said:


«لَيْسَ الْمِسْكِينُ بِهذَا الطَّوَّافِ الَّذِي تَرُدُّه التَّمْرَةُ والتَّمْرَتَانِ، واللُّقْمَةُ واللُّقْمَتَانِ، وَلكِنِ الْمِسْكِينُ الَّذِي لَا يَجِدُ غِنىً يُغْنِيه وَلَا يُفْطَنُ لَهُ فَيُتصَدَّقَ عَلَيْه»

(The Miskin is not the person who roams around, and whose need is met by one or two dates or one or two bites. Rather, the Miskin is he who does not have what is sufficient, and to whom the people do not pay attention and, thus, do not give him from the charity.)


[وَابْنِ السَّبِيلِ]


(and to the wayfarer) is the needy traveler who runs out of money and should, thus, be granted whatever amount that helps him to go back to his land. Such is the case with whoever intends to go on a permissible journey, he is given what he needs for his journey and back. The guests are included in this category. `Ali bin Abu Talhah reported that Ibn `Abbas said, "Ibn As-Sabil (wayfarer) is the guest who is hosted by Muslims.'' Furthermore, Mujahid, Sa`id bin Jubayr, Abu Ja`far Al-Baqir, Al-Hasan, Qatadah, Ad-Dahhak, Az-Zuhri, Ar-Rabi` bin Anas and Muqatil bin Hayyan said similarly.


[وَالسَّآئِلِينَ]

(and to those who ask) refers to those who beg people and are thus given a part of the Zakah and general charity.


[وَفِي الرِّقَابِ]


(and to set servants free) These are the servants who seek to free themselves, but cannot find enough money to buy their freedom. We will mention several of these categories and types under the Tafsir of the Ayah on Sadaqah in Surat Bara'ah [chapter 9 in the Qur'an], In sha' Allah.


Allah's statement:


[وَأَقَامَ الصَّلَوةَ]


(performs As-Salah (Iqamat-As-Salah)) means those who pray on time and give the prayer its due right; the bowing, prostration, and the necessary attention and humbleness required by Allah. Allah's statement:


[وَءَاتَى الزَّكَوةَ]


(and gives the Zakah) means the required charity (Zakah) due on one's money, as Sa`id bin Jubayr and Muqatil bin Hayyan have stated.


Allah's statement:


[وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَـهَدُواْ]


(and who fulfill their covenant when they make it,)


is similar to:


[الَّذِينَ يُوفُونَ بِعَهْدِ اللَّهِ وَلاَ يِنقُضُونَ الْمِيثَـقَ ]


(Those who fulfill the covenant of Allah and break not the Mithaq (bond, treaty, covenant).) (13:20)


The opposite of this characteristic is hypocrisy. As found in a Hadith:


«آيَةُ الْمُنَافِقِ ثَلَاثٌ: إِذَا حَدَّثَ كَذَبَ، وَإذَا وَعَدَ أَخْلَفَ، وَإذَا ائْتُمِنَ خَان»


(The signs of a hypocrite are three: if he speaks, he lies; if he promises, he breaks his promise; and if he is entrusted, he breaches the trust.)


In another version:


«إِذَا حَدَّثَ كَذَبَ، وَإذَا عَاهَدَ غَدَرَ،وَإذَا خَاصَمَ فَجَر»


(If he speaks, he lies; if he vows, he breaks his vow; and if he disputes, he is lewd.)


Allah's statement:


[وَالصَّابِرِينَ فِى الْبَأْسَآءِ والضَّرَّاءِ وَحِينَ الْبَأْسِ]


(. ..and who are patient in extreme poverty and ailment (disease) and at the time of fighting (during the battles).) means, during the time of meekness and ailment.


[وَحِينَ الْبَأْسِ]


(...and at the time of fighting (during the battles).) means on the battlefield while facing the enemy, as Ibn Mas`ud, Ibn `Abbas, Abu Al-`Aliyah, Murrah Al-Hamdani, Mujahid, Sa`id bin Jubayr, Al-Hasan, Qatadah, Ar-Rabi` bin Anas, As-Suddi, Muqatil bin Hayyan, Abu Malik, Ad-Dahhak and others have stated.


And calling them the patient here, is a form of praise, because of the importance of patience in these circumstances, and the suffering and difficulties that accompany them. And Allah knows best, it is He Whom help is sought from, and upon Him we rely.


Allah's statement:


[أُولَـئِكَ الَّذِينَ صَدَقُوا]


(Such are the people of the truth) means, whoever acquires these qualities, these are truthful in their faith. This is because they have achieved faith in the heart and realized it in deed and upon the tongue. So they are the truthful,


[وَأُولَـئِكَ هُمُ الْمُتَّقُونَ]


(and they are Al-Muttaqun (the pious).) because they avoided the prohibitions and performed the acts of obedience.


[يـأَيُّهَا الَّذِينَ ءَامَنُواْ كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ ]


وَلَكُمْ فِي الْقِصَاصِ حَيَوةٌ يأُولِي الالْبَـبِ لَعَلَّكُمْ تَتَّقُونَ-]

(178. O you who believe! Al-Qisas (the Law of equality) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully. This is an alleviation and a mercy from your Lord. So after this, whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.) (179. And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment), O men of understanding, that you may acquire Taqwa.)

The Command and the Wisdom behind the Law of Equality


Allah states: O believers! The Law of equality has been ordained on you (for cases of murder), the free for the free, the slave for the slave and the female for the female. Therefore, do not transgress the set limits, as others before you transgressed them, and thus changed what Allah has ordained for them. The reason behind this statement is that (the Jewish tribe of) Banu An-Nadir invaded Qurayzah (another Jewish tribe) during the time of Jahiliyyah (before Islam) and defeated them. Hence, (they made it a law that) when a person from Nadir kills a person from Quraizah, he is not killed in retaliation, but only pays a hundred Wasq of dates. However, when a person from Quraizah kills a Nadir man, he would be killed for him. If Nadir wanted (to forfeit the execution of the murderer and instead require him) to pay a ransom, the Quraizah man pays two hundred Wasq of dates [double the amount Nadir pays in Diyah (blood money)]. So Allah commanded that justice be observed regarding the penal code, and that the path of the misguided and mischievous persons be avoided, who in disbelief and transgression, defy and alter what Allah has commanded them. Allah said:


[كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى]


(Al-Qisas (the Law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.)


Allah's statement:


[الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى]


(the free for the free, the slave for the slave, and the female for the female.) was abrogated by the statement life for life (5:45). However, the majority of scholars agree that the Muslim is not killed for a disbeliever whom he kills. Al- Bukhari reported that `Ali narrated that Allah's Messenger said:


«وَلَا يُقْتَلُ مُسْلِمٌ بِكَافِر»


(The Muslim is not killed for the disbeliever (whom he kills).)


No opinion that opposes this ruling could stand correct, nor is there an authentic Hadith to contradict it. However, Abu Hanifah thought that the Muslim could be killed for a disbeliever, following the general meaning of the Ayah (5:45) in Surat Al-Ma'idah (chapter 5 in the Qur'an).


The Four Imams (Abu Hanifah, Malik, Shafi`i and Ahmad) and the majority of scholars stated that the group is killed for one person whom they murder. `Umar said, about a boy who was killed by seven men, "If all the residents of San`a' (capital of Yemen today) collaborated on killing him, I would kill them all.'' No opposing opinion was known by the Companions during that time which constitutes a near Ijma` (consensus). There is an opinion attributed to Imam Ahmad that a group of people is not killed for one person whom they kill, and that only one person is killed for one person. Ibn Al-Mundhir also attributed this opinion to Mu`adh, Ibn Az-Zubayr, `Abdul-Malik bin Marwan, Az-Zuhri, Ibn Sirin and Habib bin Abu Thabit. Allah's statement:


[فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ]


(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully.) refers to accepting blood money (by the relatives of the victim in return for pardoning the killer) in cases of intentional murder. This opinion is attributed to Abu Al-`Aliyah, Abu Sha`tha', Mujahid, Sa`id bin Jubayr, `Ata' Al-Hasan, Qatadah and Muqatil bin Hayyan. Ad-Dahhak said that Ibn `Abbas said:


[فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ]


(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money)) means the killer is pardoned by his brother (i.e., the relative of the victim) and accepting the Diyah after capital punishment becomes due (against the killer), this is the `Afw (pardon mentioned in the Ayah).'' Allah's statement:


[فَاتِّبَاعٌ بِالْمَعْرُوفِ]


(...then it should be sought in a good manner,) means, when the relative agrees to take the blood money, he should collect his rightful dues with kindness:


[وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ]


( and paid to him respectfully.) means, the killer should accept the terms of settlement without causing further harm or resisting the payment.


Allah's statement:


[ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ]


(This is an alleviation and a mercy from your Lord.) means the legislation that allows you to accept the blood money for intentional murder is an alleviation and a mercy from your Lord. It lightens what was required from those who were before you, either applying capital punishment or forgiving.


Sa`id bin Mansur reported that Ibn `Abbas said, "The Children of Israel were required to apply the Law of equality in murder cases and were not allowed to offer pardons (in return for blood money). Allah said to this Ummah (the Muslim nation):


[كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ]


(The Law of equality in punishment is prescribed for you in case of murder: the free for the free, the servant for the servant, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money),)


Hence, `pardoning' or `forgiving' means accepting blood money in intentional murder cases.'' Ibn Hibban also recorded this in his Sahih. Qatadah said:


[ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ]


(This is an alleviation from your Lord)


Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it. The People of the Torah (Jews) were allowed to either apply the penal code (for murder, i.e., execution) or to pardon the killer, but they were not allowed to take blood money. The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but no Diyah was legislated). This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.'' Similar was reported from Sa`id bin Jubayr, Muqatil bin Hayyan and Ar-Rabi` bin Anas.


Allah's statement:


[فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ]


(So after this whoever transgresses the limits, he shall have a painful torment.) means, those who kill in retaliation after taking the Diyah or accepting it, they will suffer a painful and severe torment from Allah. The same was reported from Ibn `Abbas, Mujahid, `Ata' `Ikrimah, Al-Hasan, Qatadah, Ar-Rabi` bin Anas, As-Suddi and Muqatil bin Hayyan.