Verse:87 Commentary 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 اللَّـهَ 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 اللَّـهَ 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. Verse:88 Commentary - - - Verse:89 Commentary 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 اللَّـهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَـٰكِن 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) Verse:90 Commentary 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 صلى الله عليه وسلم 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 صلى الله عليه وسلم 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. Verse:91 Commentary 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 اللَّـهِ 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 اللَّـهِ 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, Verse:92 Commentary it is in the third verse (92) that the Holy Qur'an, in its characteristic way with words, has this to say:

وَأَطِيعُوا اللَّـهَ 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. Verse:93 Commentary 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 صلى الله عليه وسلم 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 اللَّـهُ 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. Verse:94 Commentary - - - Verse:95 Commentary - - - Verse:96 Commentary - - - Verse:97 Commentary Commentary

Four Sources of Tranquility

The first verse (97) mentions four things as the cause of constancy, survival and tranquility for people.

The first is the Ka'bah. In Arabic, Ka'bah is the name of a place which is square. Another house made by the Arab tribe of Khath'am carried the same name, that is, al-ka'bah-al-Yamaniyah, to be exact. Therefore, to distinguish the Baytullah (House of Allah) from this place, the words: الْبَيْتَ الْحَرَ‌امَ (Al-Baytul-Haram: The Sacred House) were added to the name of the Ka'bah.

The word "Qiyam" and Qiwam are verbal nouns. They refer to that on which the stability and survival of something depends. Therefore, " قِيَامًا لِّلنَّاسِ " in the text comes to mean that the Ka'bah and its adjuncts are the cause and source of the stability and survival of people.

Lexically, the word: النَّاسِ (annas) is used for people in general. At this place, because of the topical context, they could mean the people of Makkah proper, or the people of Arabia and the peoples of the world as well. Obviously, it includes human beings of the whole world - however, the people of Makkah and the people of Arabia do have a unique status. Therefore, the sense of the verse would be that Allah Ta` ala has made Ka'batullah کعبۃُ اللہ (The Ka'bah of Allah) and what is mentioned later, the source of stability, survival and tranquility for people. As long as people of the world from each country, each region and each direction keep turning their orientation towards Baytullah to say their Salah, and the Hajj of Baytullah continues to be performed by those on whom its performance has become obligatory (fard) - until then, this whole world will keep going and stay safe. And if, there ever comes that fatal year when no one makes Hajj, or no one turns towards Baytullah to offer Salah, then, the whole world will be overtaken by mass Punishment.

Baytullah is the Mainstay of the Universe

The respected master of Tafsir, 'Ata' has stated the subject in the words which follow: لَو ترکوہ عامًا واحدا لم ینظروا یؤخروا (Al-Bahr Al-Mubit). This tells us that, significance-wise, Baytullah is the pillar of this whole world. As long as people keep turning towards it and Hajj keeps being performed, the world will stay. And if, this reverence of Baytullah were to terminate at some time, the world will also be terminated. However, there remains the question: What is the connection and linkage between the universal system and Baytullah? But then, knowing its reality is not necessary - who knows the reality behind the mutual connection of magnet and iron and lightening and straw? But, it is a reality proved through observation. It cannot be rejected. The comprehension of the reality of the mutual linkage between Baytullah and the universal system is also not within the reach and control of mortal man. That can be known only when the Creator of the universe tells us about it. That Baytullah is the cause of the survival of the whole universe is a thing of the spirit. Physical insight or formal research cannot reach it. But, its being the cause of peace and tranquility for Arabia and the people of Makkah stands proved by long experiences and observations.

Baytullah : Symbol and Substance of Peace

Peace is generally maintained in the world through government laws and its implementation. That is why robbers, thiefs, killers and plunderers do not dare. But, during the Arab Jahiliyyah, there was no formal government nor was there some general law to maintain public peace. Whatever political system there was, it was based on tribal con-siderations. One tribe could attack the life, property and honour of another tribe anytime at its choice. Therefore, no tribe had the occasion to enjoy peace and tranquility any time. Allah Almighty, with His perfect power, made the Baytullah in Makkah al-Mukarramah stand as a regular government ushering peace and tranquility. As anyone in his right frame of mind would not dare breaking the law of a strong government in our day, so it was, even during those days of ignorance, that Allah Almighty had impinged the reverence of the Baytullah on the hearts of common people in a manner that they would throw all their personal desires and emotions behind their backs when it came to upholding its honour and station.

So, this was Arab Jahiliyyah, the so called Age of Ignorance, proverbial for tribal prejudices and long drawn wars. But, such was the reverence for Baytullah and its adjuncts which Allah had placed in their hearts that they would say just nothing to even their sworn enemy despite their anger and chagrin - if the enemy had entered the Haram. A son who met the killer of his father in the Haram would lower his gaze and walk away from him.

Similarly, as much respect was also given to a person who had embarked on his Hajj and ` Umrah or who had been carrying animals for sacrifice in the Haram. The result was that even the worst person around would not hurt him in anyway - to the limit that they would say nothing to even a sworn enemy if he was in a condition when signs of his being on Hajj and ` Umrah, such as the garments of Ihram or garlands, were all too visible.

Take an example. The year was Hijrah 6. The Holy Prophet صلى الله عليه وسلم accompanied by a group of his Sahabah entered into the Ihram of ` Umrah and started for his journey towards Baytullah. He stopped at Hudaybiyah close to the Haram limits and sent Sayyidna ` Uthman al-Ghani ؓ to Makkah along with some colleagues so that they can tell the chiefs of Makkah that Muslims have come at this time not for fighting but for performing ` Umrah, therefore, they should not be obstructed.

It was after a good deal of debate that they sent a representative of theirs to the Holy Prophet صلى الله عليه وسلم . When he saw him, he said: This person is an upholder of the sanctities of Baytullah, therefore, the sacrificial animals marked for sacrifice should be brought before him.

When the representative saw these sacrificial animals, he conceded that such people should never be stopped from going to Baytullah.

So, as said earlier, Allah Almighty had placed such awe of the venerated Haram - even during the days of Jahiliyyah - that it became the very cause and source of peace and tranquility. As a direct result of this reverence, only those who either went in and out of Haram, or those who came for their Hajj and ` Umrah with some sign of the intended pilgrimage on them, were the ones who remained protected - outsiders did not benefit from this peace and tranquility. But, in Arabia itself, the way they honoured the site of Baytullah and its environs universally, they would also give equal respect to the months of Hajj. They called these, the Sacred Months. Some had included the month of Rajab along with them. During these months, fighting and killing - even outside the Haram - was considered by the whole Arabia as prohibited, from which they would abstain.

1. Therefore, the Holy Qur'an has included three more things as being قِيَامًا لِّلنَّاسِ (stability for people) along with the Ka'bah. The first is: الشَّهْرَ‌ الْحَرَ‌امَ , that is, the Sacred Month. Since the word, شَّهْرَ‌ (shahr: month) has been placed here in its singular form, most commentators say that it means the month of Dhul-Hijjah at this place, the month during which the rites of Hajj are performed. Some commentators have said that, though the word used is singular, but it signifies category where-by all Sacred Months are included here.

2. Mentioned secondly is "al-hady" الْهَدْيَ which refers to an animal sacrificed in Haram. It was common Arab practice not to check and obstruct anyone carrying such sacrificial animals who could travel on in peace and be able to do what he intended to do. Thus, ` sacrificial animals' also became a cause of the establishment of peace.

3. The third thing is الْقَلَائِدَ "Al-Qala'id." The word is the plural form of Qiladah. It means a garland. There was a custom in the age of Arab Jahiliyyah that a person who went out for Hajj would put a garland round his (sacrificial animal) neck as a sign so that people may know that here was someone going for Hajj and that he should not be molested. Similarly, they would put garlands round the necks of their sacrificial animals too. These were also known as the قَلَائِدَ Qala'id. So, the Qala'id also became a source of peace and tranquility.

A little thought will show that ` the sacred month,"the sacrificial animal,' and ` the Qala'id' are all adjuncts or auxiliaries of the Baytullah. Reverence for them is part of the reverence of Baytullah. Allah Ta` ala has made the combination of these a source of stability (even constancy and resilience) in all matters relating to the worldly and otherworldly life of the people of Arabia, and that of the people of Makkah particularly - as well as, for all humanity in general.

While explaining the expression: قِيَامًا لِّلنَّاسِ (stability for people), some commentators have said that it means that the Baytullah and the Sacred Haram around it has been made a place of peace for everyone. Others have said that it refers to the extended means of sustenance for the people of Makkah, for what is not grown or made there indigenously keeps reaching them from all over the world by the grace of Allah Ta` ala. Still some others have said that people of Makkah known as the custodians of Baytullah were held in great esteem as special people serving the House of Allah, therefore, it is the particular distinc-tion of these people which has been identified in the Qur'anic expression translated as ` stability for people.'

Imam al-Razi has said that there is no contradiction in all these sayings which are included within the sense of قِيَامًا لِّلنَّاسِ (stability for people) since Allah Ta` ala has made Baytullah the source of betterment, prosperity and success (both materially and spiritually) for the stay, survival, stability, sustenance and return (to it, as well as, through it to the final destination of the Hereafter) for all peoples. And as for the people of Arabia, particularly those of Makkah, they have been blessed by Allah with its outward and inward blessings.

At the end of the verse, it was said: ذَٰلِكَ لِتَعْلَمُوا أَنَّ اللَّـهَ يَعْلَمُ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْ‌ضِ وَأَنَّ اللَّـهَ بِكُلِّ شَيْءٍ عَلِيمٌ (All this so that you may learn that Allah knows what is in the heavens and what is in the earth, and that Allah is All-Knowing in respect of everything). It means that Allah has made Baytullah and its adjuncts the source of stability, survival, peace and tranquility for people, something the people of Arabia keep witnessing particularly. This has been said so that everyone should know that Allah Ta` ala knows everything in the earth and the heavens and He alone is capable of managing and administering it. Verse:98 Commentary In the second verse (98), it was said اعْلَمُوا أَنَّ اللَّـهَ شَدِيدُ الْعِقَابِ وَأَنَّ اللَّـهَ غَفُورٌ‌ رَّ‌حِيمٌ(Be sure that Allah is severe in punishment and that Allah is Most Forgiving, Very Merciful). This is telling us that the prescribed injunctions of Halal (lawful) and حَرَام haram (unlawful) are based on ideal wisdom and consideration. As long as they are obeyed and followed, they would bring nothing but good for the person who does just that. However, electing to do what is contrary to them is nothing but embracing the worst of curse and punishment. Along with the warning, it was also said that, should someone commit a sin forgetfully or heedlessly, then, Allah Ta` ala does not punish instantly, instead of which, the doors of Allah's forgiveness stay open for those who repent and feel ashamed of what they have done.