330. Thanwi says: This demonstrates the folly of those who go to extremes in the renunciation of the pleasures of the world.

Further, the halal of the original has been interpreted by Ibn Jarir as that which has been given free access to, as they say in Arabic: huwa laka hillun, i.e. everything is allowable for you.

What it means, says Ibn Kathir, is that nothing that has been forbidden to you by your customs and taboos is really forbidden save what Allah (swt) has forbidden. Muslim records the Prophet (saws) as having said: كُلّ مَالٍ نَحَلْتُهُ عَبْداً، حَلاَلٌ (مسلم) "Allah says, 'All that I have created for My servants is lawful unto them.' Allah (swt) also says, وَإِنّي خَلَقْتُ عِبَادِي حُنَفَاءَ كُلّهُمْ. وَإِنّهُمْ أَتَتْهُمُ الشّيَاطِينُ فَاجْتَالَتْهُمْ عَنْ دِينِهِمْ 'I created My slaves hunafa' (believing in One God). Then came to them the Shayatin who diverted them from their Religion, and forbade them what I had made lawful.'"

Ibn Marduwayh records Ibn `Abbas as saying that this verse: `People! Eat of the earth what is lawful and good' was recited before the Prophet (saws). Sa`d ibn Waqqas stood up and said, 'Pray for me O Messenger of Allah that I be of those whose supplications are answered.' The Prophet (saws) told him, يا سعد ! اطب مطعمك تكن مستجاب الدعوة ، والذي نفس محمد بيده إن العبد ليقذف اللقمة الحرام في جوفه ما يتقبل منه عمل أربعين يوما. و زاد في آخره : " و أيما عبد نبت لحمه من السحت فالنار أولى به" 'Sa`d! Eat of the clean and lawful, you will become of those whose prayers are answered. By Him in whose hands is my soul, a man partakes of one mouthful of the forbidden and Allah (swt) rejects forty days of Prayers (acts of worship) because of it. And whosoever has his flesh made up of the unlawful and usury is better suited for the Fire."

But Albani thought that the hadith is weak (Au.).

Qurtubi notes: Sa`id ibn Yazid is reported to have said, 'There are five things that encompass (true) knowledge. Knowledge of Allah, knowledge of the Truth, deeds for the sake of Allah (swt) alone, deeds being in accordance with the Sunnah, and partaking of only the lawful.'

331. Explaining what the footsteps of Satan mean, Ibn Kathir reports that once someone vowed that he will sacrifice his son. When Masruq learnt of it he remarked, "This is 'the footsteps of Satan,' and advised him to slaughter a goat instead. It is reported that once udder and salt were placed before `Abdullah ibn Mas`ud. He began to eat. He found a man avoiding it. He said, "Pass it on to your friend." The man said, "Not for me." "Why not, are you fasting?" asked Ibn Mas`ud. The man replied, "I have vowed that I'll never eat udder." Ibn Mas`ud said, "This is 'the footsteps of Satan.' Eat a little and expiate your oath." In another report Abu Rafe` says that his wife swore that she "would be a Jew one day and a Christian the next day, and all her slaves would be free, if he will not divorce his wife (i.e. herself)." Abu Rafe` took the case to `Abdullah ibn `Umar. He said, "This is 'the footsteps of Satan.'" Then he went up to Zaynab, the daughter of Umm Salamah, who was the most learned scholars of the women of Madinah. She also said the same words. Later, he took the case to `Asim and Ibn `Umar. They both used the same words in answer.

But, of course, the word covers all that is of the nature of sin, innovation and opposed to the Sunnah (Qurtubi).

332. Such as to suggest that such and such a thing is unlawful for you, or such and such a thing is lawful, while it is not.

333. Qurtubi has the following to state at this point about taqlid.

Taqlid

Some people have used this verse to prove the illegality of taqlid. This is true in case of those who follow others in matters of sins and disbelief. As for taqlid involving the Truth, it is, it must be known, an accepted principle in Islam, and a means for the ignorant lacking in-depth knowledge of things, to resort to and safeguard their religion.

Accordingly, it is obligatory on a man who does not have an expert knowledge of Islam to look for the most knowledgeable person of his time and place following the commandment of Allah (16: 42): فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ [النحل/43] "Ask those who are the people of knowledge if you know not (yourself)." In this search he may use his own faculties and may accept as his guide one on whom most people of his time have converged.

In fact, taqlid is incumbent upon that man of knowledge also who is unable to form his own opinion in matters complicated and involved, especially when there is no time for research and delay in offering an opinion may affect the performance of a religious obligation. The one to be resorted to for help and guidance in such cases may be a Companion of the Prophet (saws), or a latter day mujtahid [a legalist formulating independent decisions in legal or theological matters, taking his research to the ultimate end, safe from refutation: Au.].

(According to the Hanafi school of law, however, it is not an individual opinion of a Companion, rather, the unanimous opinion of the Companions which is the criterion. As for the later day mujtahid, only he is considered as qualified who has been declared a mujtahid by the scholars of the ummah, and not one who is popularly treated by the common people as one: Au.).

Scholars are unanimous over the opinion that there is no taqlid in matters of faith and belief (such as oneness of Allah, His Attributes, etc.

334. "This parable has two aspects. On the one hand, it suggests that these people are like herds of irrational animals, dumb cattle that always follow their herdsmen, moving on as they hear their calls without understanding what they mean. On the other hand, it also suggests that when the Truth is preached to them they show such insensitivity to it that one may as well be addressing animals who merely comprehend sounds but are incapable of understanding their meaning" (Mawdudi).

335. Alusi and Razi report a hadith according to which the Prophet (saws) says, " قال الله عز وجل : إني و الجن و الإنس في نبأ عظيم ، أخلق و يعبد غيري ، و أرزق و يشكر غيري " "Allah says, 'I and mankind and jinn are involved in a serious affair. I create them, and they worship others. I feed them and they thank others.'"

336. Under this comes all that is otherwise lawful but died of its own self, without being slaughtered. Excluded are those mentioned in a hadith of Daraqutni which records the Prophet as having said: عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ أَنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- قَالَ « أُحِلَّتْ لَنَا مَيْتَتَانِ وَدَمَانِ فَأَمَّا الْمَيْتَتَانِ فَالْحُوتُ وَالْجَرَادُ وَأَمَّا الدَّمَانِ فَالْكَبِدُ وَالطِّحَالُ ». "Two kinds of carrion are lawful to us: fish and locust; and, two kinds of blood: lever and the spleen."

The above report could not be checked for its authenticity (Au.).

According to another report the Prophet (saws) said: « هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُهُ ». قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ "The sea: its water is clean and its dead is lawful" (Qurtubi, Ibn Kathir).

Mufti Shafi` adds the Hanafi view point: Except for the flesh and fat (which cannot be eaten or used in any way), other parts of the dead animal are lawful to use, such as its skin, hair etc.

337. Although the words used are "flesh of swine," nothing of this animal is lawful, by the consensus of the scholars, (except Imam Shafe`i: Sabuni), save its hair, which is lawful and not unclean (Qurtubi). According to the Hanafi school of law, however, it can only be used to stitch leather products (Mufti Shafi`).

338. Under this comes all that is slaughtered in anyone's name other than Allah. However, it makes no difference whether the name of someone "other than Allah" is actually pronounced or not, such as in the case of the idol worshippers expressly saying at the time of slaughter, "In the name of such and such a deity." It is unlawful all the same. In other words, animals slaughtered by them are unlawful for a Muslim, notwithstanding what they utter at the time of slaughter (Qurtubi).

Also, it may be noted here that it has been the practice among many a people to consecrate an animal in the name of a saint, idol or deity, and then set it free. The practice, as well as the animal is unlawful in Islam. Included in this, adds Mufti Shafi` are those animals, chicken, goats etc. that are set free in the name of a saint or a divine (sheikh, waliyy, or pir) and slaughtered only when he descends as a guest or visitor.

Finally, those food articles are also included that are sent by Muslims to the graves of the saints, or by the non Muslims to their temples (Mufti Shafi`).

Qurtubi mentions the story of a woman who celebrated the playful marriage of her dolls by actually slaughtering a goat. When Hasan al Basri's opinion was sought he ruled that its flesh was unlawful.

339. That is, if one is so hungry that he fears he will die, and finds nothing but one of the unlawful items, then he is allowed to partake of it in just a sufficient quantity to kill his hunger, neither relishing it nor eating to the fill (which is the explanation of "ghayra baghin wa la `adin" of the text).

Lawful and Unlawful

Qurtubi and Shanqiti have the following to say on the subject: When one is forced to partake of the unlawful, first preference is to be given to that which is otherwise lawful in general but unlawful to the one in straightened circumstances, such as fruits hanging by the trees, or sheep wandering over the mountains, which do not sanction the amputation of the hand if stolen. This is based on a hadith in Ibn Majah which reports that the Prophet was asked by his Companions: " قلنا يا رسول الله ، ما يحلّ لأحدنا من مال أخيه إذا اضطر إليه؟ قال : «يأكل ولا يحمل ويشرب ولا يحمل» "What is lawful for us of the property of Muslims, if we are constrained, O Messenger of Allah?" He replied: "One may eat, but not carry, and drink but not carry."

Ibn Majah has recorded another incident in which `Abbad b. Shurahbil reports: رَجُلاً مِنْ بَنِى غُبَرَ - قَالَ أَصَابَنَا عَامُ مَخْمَصَةٍ فَأَتَيْتُ الْمَدِينَةَ فَأَتَيْتُ حَائِطًا مِنْ حِيطَانِهَا فَأَخَذْتُ سُنْبُلاً فَفَرَكْتُهُ وَأَكَلْتُهُ وَجَعَلْتُهُ فِى كِسَائِى فَجَاءَ صَاحِبُ الْحَائِطِ فَضَرَبَنِى وَأَخَذَ ثَوْبِى فَأَتَيْتُ النَّبِىَّ -صلى الله عليه وسلم- فَأَخْبَرْتُهُ فَقَالَ لِلرَّجُلِ « مَا أَطْعَمْتَهُ إِذْ كَانَ جَائِعًا أَوْ سَاغِبًا وَلاَ عَلَّمْتَهُ إِذْ كَانَ جَاهِلاً ». فَأَمَرَهُ النَّبِىُّ -صلى الله عليه وسلم- فَرَدَّ إِلَيْهِ ثَوْبَهُ وَأَمَرَ لَهُ بِوَسْقٍ مِنْ طَعَامٍ أَوْ نِصْفِ وَسْقٍ. "When we were experiencing a year of drought, I set out for Madinah. There I entered an orchard. I began to pluck corn, eating some and packing the rest in my cloak. The owner chanced on me. He beat me and took away my cloak. I went up to the Prophet and complained to him. He called for the owner, and rebuked him saying, 'You did not feed him if he was hungry, and did not instruct him if he was ignorant.' Then he ordered the man to return me my cloak, and hand over to me some amount of grain."

The above report of Ibn Majah is also found in Hakim's Mustadrak which Dhahabi declared trustworthy: Au.).

In other words, "dire needs annul the illegality" (Qurtubi). And, although some legists are opposed to it, many others believe that the rule applies to human flesh as well (Qurtubi, Shanqiti).

Regarding medicines, it is a matter of dispute whether such medicines as those in which the unlawful has been added could be used in ordinary circumstances, or should they be resorted to only in time of emergency. There is consensus of opinion however they should not be used if alternatives are available (Shafi`). As for the amphibious animals, such as frogs, turtles, alligators, etc., there is a strong disagreement among the jurists over their lawfulness. Most seem to abhor their consumption, even if some of them declare their lawfulness. Differences in opinion also prevail over those sea animals that have their counterparts on the land prohibited, such as the sea-dogs, sea-lions, etc. However, there is no difference of opinion over the unlawfulness of those birds that use their talons to hold their prey, nor over the predatory animals (Shanqiti).

340. That is, although it is a grave sin to consume any of the above, Allah is Most Forgiving and Most Merciful, and has therefore allowed their consumption in the state of extreme compulsion. Allah is also Most Forgiving and Most Merciful toward him who happens to commit excesses unintentionally in partaking of the unlawful in such situations (Au.).

341. Jewish scholars used to conceal the truth about the Prophet from their masses from fear of losing them to Islam. Their loss would have meant them financial losses since they survived on gifts they received from them in cash and kind for rendering them religious services. But Allah (swt) was to make evident the truth so that a time came when some of the Jews embraced Islam and fought against them in the company of the Prophet (Qurtubi, Ibn Kathir, Alusi).

342. Not that Allah (swt) will not speak to them at all; He will, But in anger (Shanqiti).

343. Abu Hurayrah (ra) reports the Prophet (saws) as having said: عَنْ أَبِي هُرَيْرَةَ قَالَ: قَالَ رَسُولُ اللّهِ صلى الله عليه وسلم: "ثَلاَثَةٌ لاَ يُكَلّمُهُمُ الله يَوْمَ الْقِيَامَةِ وَلاَ يُزَكّيهِمْ (قَالَ أَبُو مُعَاوِيَةَ: وَلاَ يَنْظُرُ إِلَيْهِمْ) وَلَهُمْ عَذَابٌ أَلِيمٌ: شَيْخٌ زَانٍ وَمَلِكٌ كَذّابٌ. وَعَائِلٌ مُسْتَكْبِرٌ". "There are three persons with whom Allah (swt) will not speak, not look at, nor purify them, instead, there will be a painful chastisement for them: an aged adulterer, a lying ruler and a proud but destitute" (Qurtubi, Ibn Kathir, from Muslim).

344. The verse (and the threat it carries) also applies to those Muslims who conceal any part of the Book of Allah (swt) for the sake of worldly gains (Qurtubi).

345. Majid comments: "I.e., at great variance with truth, and constantly disputing among themselves. The divisions and subdivisions of the Christians are only too well known. Draper, while speaking of the interminable wrangling and bickering of the Christian sects, refers to the incomprehensible jargon of Arians, Nestorians, Entychians, Monothelites, Monophysites, Mariolatrists, and an anarchy of countless disputants" (History of the Intellectual Development of Europe, I. p. 333).